House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Mark Dreyfus KC MP)

GENERAL OUTLINE

1. This Bill:

(a)

updates references to prescribed forms in the statute law of the Commonwealth; and

(b)

makes minor and technical amendments of the statute law of the Commonwealth; and

(c)

repeals certain obsolete Acts and provisions of Acts.

Schedule 1

2. Many provisions across the statute book provide for forms to be prescribed by regulations. Those forms then impose requirements for things to occur, such as information to be provided. In the past, providing for forms to be prescribed by regulations was a standard, formulaic response to the question of how information to be provided to administrators should be specified and the form in which it should be provided. This resulted in many regulations being made to prescribe forms. Before minor updates or significant improvements could be made to those forms, further regulations needed to be made.

3. As a result of this limitation, when drafting modern legislation careful consideration has been given to whether each specific form must be prescribed or whether the situation might be dealt with using another approach.

4. Modern legislation has been drafted on the understanding that it is still sometimes important to provide for the form to be prescribed by (or set out in) an Act or regulations. This is especially the case if:

(a)

the form is for a warrant, summons, oath or affirmation or examination notice; or

(b)

the context involves the courts, military discipline or the investigation of offences; or

(c)

the form is under Corporations legislation, family law, Fair Work legislation, a Commonwealth-State scheme or legislation relying on a referral of power.

5. The main purpose of Schedule 1 to this Bill is to reduce the number of provisions that require the use of forms that are prescribed by regulations.

6. In keeping with modern drafting practices, the amendments in Schedule 1 amend provisions to replace forms prescribed by regulations with other approaches, such as:

(a)

empowering regulations to directly mandate the requirements themselves; and

(b)

empowering Ministers and other senior decision-makers to approve forms via notifiable instruments, which is consistent with the view of the Attorney-General's Department that prescribed or approved forms should appear on the Federal Register of Legislation.

7. The effect of these amendments will be that well-targeted requirements will apply, taking into account the best modern practices available in the relevant circumstances. The effect and impact will be that there is still oversight of the information to be provided while enabling there to be flexibility as to how to provide it and for there to be an agile response to the need for updating and improving forms. The amendments are minor in nature. The amendments either make no change or only minor changes to the substance of the law.

Schedule 2

8. The main purpose of Schedule 2 to this Bill is to update language relating to persons with disability to focus on the person, rather than the disability. The object of each update is to prevent negative impacts on the lives of people with disability resulting from the way they are referred to in the Family Law Act 1975, the Social Security Act 1991 and the Veterans' Entitlements Act 1986.

9. The updates give effect to the recommendations made by Economic Justice Australia in its August 2022 research report, Handicapped - Use of outdated terminology in Social Security law and policy. These updates do not change the meaning of the provisions.

Schedule 3

10. The main purpose of Schedule 3 to this Bill is to update references in Commonwealth Acts to Northern Territory Acts, to make those references consistent with the way the Northern Territory now cites its Acts.

11. The amendments are minor and technical in nature. The amendments make no change to the substance of the law.

Schedules 4 to 6

12. The main purpose of Schedules 4 to 6 to this Bill is to:

(a)

correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes; and

(b)

repeal obsolete Acts and spent and obsolete provisions of Acts.

13. The amendments also enhance readability, facilitate interpretation and administration, and promote consistency across the Commonwealth statute book. The amendments are minor and technical in nature. The amendments either make no change or only minor changes to the substance of the law.

FINANCIAL IMPACT STATEMENT

14. This Bill will have no financial impact.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Statute Law Amendment (Prescribed Forms and Other Updates) Bill 2023

15. This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Bill

Schedule 1

16. Many provisions across the statute book provide for forms to be prescribed by regulations. Those forms then impose requirements for things to occur, such as information to be provided.

17. The main purpose of Schedule 1 to this Bill is to reduce the number of provisions that require the use of forms that are prescribed by regulations.

18. In keeping with modern drafting practices, the amendments in Schedule 1 amend provisions to replace forms prescribed by regulations with other approaches, such as:

(a)

empowering regulations to directly mandate the requirements themselves; and

(b)

empowering Ministers and other senior decision-makers to approve forms via notifiable instruments.

19. Being able to use a range of approaches facilitates well-targeted regulation.

20. If the substance of the requirements are of vital importance but the form they are met in is not important, the Act may empower regulations to directly mandate the requirements themselves.

21. If the form of information is important, but it is also important to enable it to be updated quickly, then a person can be empowered to approve a form. Such forms will be notifiable instruments, which are available on the Federal Register of Legislation. In some cases they may also be published by other means.

22. The amendments will enhance administration and promote consistency across the Commonwealth statute book. The amendments are minor in nature. The amendments either make no change or only minor changes to the substance of the law.

Schedule 2

23. The main purpose of Schedule 2 to this Bill is to update language relating to persons with disability to focus on the person, rather than the disability. These updates do not change the meaning of the provisions.

Schedule 3

24. The main purpose of Schedule 3 to this Bill is to update references in Commonwealth Acts to Northern Territory Acts, to make those references consistent with the way the Northern Territory now cites its Acts.

25. The amendments are minor and technical in nature. The amendments make no change to the substance of the law.

Schedules 4 to 6

26. The main purpose of Schedules 4 to 6 to this Bill is to:

(a)

correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes; and

(b)

repeal obsolete Acts and spent and obsolete provisions of Acts.

27. The amendments also enhance readability, facilitate interpretation and administration, and promote consistency across the Commonwealth statute book. The amendments are minor and technical in nature. The amendments either make no change or only minor changes to the substance of the law.

Human rights implications

28. Other than Schedule 2, this Bill does not engage any human rights issues as it makes minor improvements and technical corrections to the statute book. It makes either no change or only minor changes to the substance of the law.

29. Schedule 2 engages the Convention on the Rights of Persons with Disabilities (CRPD). The updates in Schedule 2 put into effect the purpose of the present Convention to promote respect for the inherent dignity of all persons with disabilities (Article 1). They put into effect Australia's general obligation to adopt legislative measures for the implementation of the rights recognised by the Convention (Article 4).

30. The amendments insert language that focuses on the person rather than the disability. Person-first language is generally accepted and used by People with Disability Australia and other organisations, including the United Nations, on the grounds that a person with disability should not be reduced to or defined by their disability. Furthermore, Economic Justice Australia's August 2022 research report, Handicapped - Use of outdated terminology in Social Security law and policy recognised that the use of terms such as 'handicapped' could be taken to suggest that, on account of disability, a person is unlikely to succeed. Accordingly, the amendments to insert person-first language and remove terms such as 'handicapped' from these provisions promote human rights by raising awareness throughout the Commonwealth regarding persons with disabilities, including by combatting stereotypes and by promoting awareness of the capabilities and contributions of persons with disabilities (Article 8).

Conclusion

31. This Bill is compatible with human rights as, to the limited extent to which the Bill engages human rights, it promotes those rights.

Notes on Clauses

Clause 1 - Short title

32. Clause 1 provides for the short title of the Act to be the Statute Law Amendment (Prescribed Forms and Other Updates) Act 2023.

Clause 2 - Commencement

33. Subclause 2(1) provides that each provision of the Act specified in column 1 of the table set out in the subclause commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

34. Item 1 of the table in subclause 2(1) provides that sections 1 to 3 and anything in the Act not elsewhere covered by the table commence on the day the Act receives the Royal Assent.

35. Item 2 of the table in subclause 2(1) provides that Schedule 1 to the Act commences on a single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, they are to commence on the day after the end of that period. Providing for this type of commencement will enable associated changes being made to the regulations to commence at the same time. This commencement is in keeping with current Commonwealth drafting practice, which is to avoid retrospective commencements where practicable and provide that periods allowing for Proclamation should be capped.

36. Item 3 of the table provides that Schedules 2 to 6 to the Act commence 28 days after the day on which the Act receives the Royal Assent. 28 days will allow compilations of the legislation amended by the Schedules to be prepared.

37. The note at the end of the table explains that the table relates only to the provisions of the Act as originally enacted. The table will not be amended to deal with any later amendments of the Act.

38. Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. It also clarifies that information may be inserted in column 3, or information in it may be edited, in any published version of the Act.

Clause 3 - Schedules

39. Clause 3 provides that legislation specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms. This is a technical provision to give operational effect to the amendments contained in the Schedules.

Schedule 1 - Amendments

40. In keeping with modern drafting practices, the amendments in Schedule 1 amend provisions to replace forms prescribed by regulations with other approaches, such as:

(a)

empowering regulations to directly mandate the requirements themselves; and

(b)

empowering Ministers and other senior decision-makers to approve forms via notifiable instruments, which is consistent with the view of the Attorney-General's Department that prescribed or approved forms should appear on the Federal Register of Legislation.

41. Schedule 1 also contains amendments to make associated minor consequential and technical amendments to the statute law of the Commonwealth to support the operation of the amended provisions. For example, application provisions are included to clarify when the requirement to use the prescribed forms ceases.

Item 1

42. Item 1 amends the definition of approved form in section 69EAA of the Agricultural and Veterinary Chemicals (Administration) Act 1992, which provides that in Division 2 of Part 7A of that Act, an approved form means a form approved by the Secretary or prescribed by the regulations. Currently no approved forms are prescribed. Item 1 omits "or prescribed by the regulations" so that all the approved forms would be approved by the Secretary.

Items 2 and 3

43. Items 2 and 3 are related.

44. Item 2 amends subsection 142(5) of the Airports Act 1996, which provides that the auditor must, for the purposes of Division 3 of Part 7, give companies certificates relating to the accounts and statements, which must be given within the prescribed period after the accounting period and be in the prescribed form. Item 2 amends subsection 142(5) to require certificates to contain the information prescribed by the regulations.

45. Item 3 is an application provision, which provides that the amendment made by item 2 applies in relation to certificates given after the commencement of item 3.

Items 4 to 6

46. Items 4 to 6 are related.

47. Items 4 and 5 amend section 62 of the Australian Radiation Protection and Nuclear Safety Act 1998. Subsection 62(3) of that Act provides that the CEO must issue an identity card to an inspector in the form prescribed by the regulations. Item 4 amends the subsection to provide that the identity card must be in the form approved in an instrument under proposed new subsection 62(3A). Item 5 inserts proposed new subsection 62(3A), providing that the CEO may, by notifiable instrument, approve the form.

48. Item 6 is an application provision, which provides that the amendments apply in relation to identity cards issued after the commencement of that item.

Items 7 to 9

49. Items 7 to 9 are related.

50. Item 7 amends subsection 38(1) of the Australian Security Intelligence Organisation Act 1979, which provides that if an adverse or qualified security assessment in respect of a person is given by ASIO to a Commonwealth agency or a State or an authority of a State, it must, within 14 days after the day on which the assessment is given, give to the person a notice in writing, to which a copy of the assessment is attached, informing the person of the making of the assessment and containing information, in the prescribed form, concerning the person's right to apply to the Tribunal under this Part IV of the Act. Item 7 amends subsection 38(1) to enable the notice to be in any form as long as it contains the information prescribed by the regulations.

51. Item 8 amends subsection 38A(2) of the Australian Security Intelligence Organisation Act 1979, which relates to adverse or qualified security assessments that relate to the Telecommunications Act 1997 or directions under the Security of Critical Infrastructure Act 2018. Subsection 38A(2) provides that within 14 days after receiving such an assessment, the Minister must give to the assessed person a notice in writing, to which a copy of the assessment is attached, informing the assessed person of the making of the assessment and containing information, in the form prescribed for the purposes of subsection 38(1), concerning his or her right to apply to the Tribunal under Part IV of the Australian Security Intelligence Organisation Act 1979. Item 8 amends subsection 38A(2) to enable the notice to be in any form as long as it contains the information prescribed by the regulations.

52. Item 9 is an application provision, which provides that the amendments made by items 7 and 8 apply in relation to notices given after the commencement of item 9.

Item 10 and 11

53. Items 10 and 11 are related.

54. Item 11 repeals subsection 69(3A) of the Banking Act 1959. Section 69 of that Act concerns unclaimed money. Authorised deposit-taking institutions (ADIs) are required to give the Treasurer a statement, complying with subsection 69(4) and any regulations under subsection (3A), of all sums of unclaimed moneys of not less than $100 (or such other amount as is prescribed) as at the end of the year, other than unclaimed moneys held in specified ways. Under subsection 69(3AA) an ADI may commit an offence if it doesn't give the Treasurer a statement as required by subsection (3). Subsection 69(3A) provides that the regulations may require the statement to be delivered in a specified form in a specified kind of disk, tape, film or other medium. Currently no regulations are made under subsection 69(3A). Item 11 repeals subsection 69(3A) with the effect that no such regulations will be made.

55. Item 10 is a consequential amendment, amending subsection 69(3) of the Banking Act 1959 to remove the reference to regulations under subsection (3A).

Items 12 and 13

56. Items 12 and 13 are related.

57. Item 12 amends paragraph 35(2)(a) of the Building Energy Efficiency Disclosure Act 2010, which has the effect that an identity card issued to an auditor by the Secretary must be in the form prescribed by the regulations. Item 12 repeals and substitutes that paragraph to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

58. Item 13 is an application provision, which provides that the amendment made by item 12 applies in relation to identity cards issued after the commencement of item 13.

Items 14 to 16

59. Items 14 and 15 are related.

60. Items 14 and 15 amend section 76 of the Carbon Credits (Carbon Farming Initiative) Act 2011, which is about offsets reports. Item 14 amends paragraphs 76(4)(a), (b) and (d) of that Act, which provide that an offsets report about a project for a reporting period must be given in the manner and form prescribed by the regulations or the legislative rules, set out the information specified in the regulations or the legislative rules and be accompanied by such other documents (if any) as are specified in the regulations or the legislative rules. Currently the regulations do not prescribe or specify these matters but the legislative rules do. Item 14 amends those paragraphs to ensure that these matters are only prescribed or specified by the legislative rules.

61. Item 15 is a consequential amendment of subsections 76(9) and (10) of the Carbon Credits (Carbon Farming Initiative) Act 2011 to remove the redundant references to regulations as a result of item 14.

62. Item 16 amends paragraph 197(2)(a) of the Carbon Credits (Carbon Farming Initiative) Act 2011, which has the effect that an identity card issued to an inspector by the Regulator must be in the form prescribed by the regulations or the legislative rules. Item 16 amends that paragraph to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the legislative rules. Paragraph 197(2)(b) is unamended and will continue to provide that identity cards contain a recent photograph of the inspector.

Items 17 to 19

63. Items 17 to 19 are related.

64. Item 17 amends paragraph 133A(2)(a) of the Competition and Consumer Act 2010, which has the effect that an identity card issued to a person who is a member of the staff assisting the Commission and who is appointed as an inspector by the Chairperson must be in the form prescribed by the regulations. Item 17 repeals and substitutes that paragraph to enable identity cards to be in any form as long as they contain the information prescribed by the regulations. Paragraph 133A(2)(b) is unamended and will continue to provide that identity cards contain a recent photograph of the person.

65. Item 18 amends paragraph 154C(2)(a) of the Competition and Consumer Act 2010, which has the effect that an identity card issued to a member of the staff assisting the Commission who is appointed as an inspector by the Chairperson must be in the form prescribed by the regulations. Item 18 repeals and substitutes that paragraph to enable identity cards to be in any form as long as they contain the information prescribed by the regulations. Paragraph 154C(2)(b) is unamended and will continue to provide that identity cards contain a recent photograph of the person.

66. Item 19 is an application provision, which provides that the amendments made by items 17 and 18 apply in relation to identity cards issued after the commencement of item 19.

Items 20 to 23

67. Items 20 to 23 are related.

68. Item 20 repeals and substitutes subsection 135AEA(3) of the Copyright Act 1968, which provides that claims for release of seized copies must be in the form (if any) prescribed by the regulations and include the information prescribed by the regulations. Currently no form is prescribed. Item 20 substitutes subsection 135AEA(3) to enable claims to be in any form as long as they contain the information prescribed by the regulations.

69. Subitem 23(1) is an application provision, which provides that the amendment made by item 20 applies in relation to claims made after the commencement of item 23.

70. Items 21 and 22 amend subsection 135ZZQ(1) of the Copyright Act 1968. That subsection provides that the chief executive officer of a collecting society must issue an identity card in the prescribed form to each person authorised by the society for the purposes of subsection 135ZZP(2) (concerning inspections of records). Currently the prescribed requirements for the form consist of a list of information that must be on the identity card rather than a precise form. Items 21 and 22 amend subsection 135ZZQ(1) to provide that the identity card must satisfy the requirements prescribed by the regulations.

71. Subitem 23(2) is an application provision, which provides that the amendments made by items 21 and 22 apply in relation to identity cards issued after the commencement of item 23.

Items 24 to 26

72. Items 24 to 26 are related.

73. Items 24 and 25 amend subsection 447-5(1) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006. That subsection provides that the Registrar must issue an identity card to an authorised officer in the form prescribed by the regulations. Currently the prescribed requirements for the form consist of a list of information that must be on the identity card rather than a precise form. The amendments made by items 24 and 25 amend subsection 447-5(1) to provide that the identity card must contain the information prescribed by the regulations.

74. Item 26 is an application provision, which provides that the amendments made by items 24 and 25 apply in relation to identity cards issued after the commencement of item 26.

Items 27 and 28

75. Items 27 and 28 are related.

76. Item 27 amends subsection 12(2) of the Court Security Act 2013, which provides that an administrative head of a court must issue an identity card to a person appointed by the administrative head as a security officer or an authorised court officer in the form prescribed by the regulations. Currently the prescribed requirements for the form consist of a list of information that must be on the identity card rather than a precise form. Item 27 repeals and substitutes paragraph 12(2)(a) to provide that the identity card must contain the information prescribed by the regulations.

77. Item 28 is an application provision, which provides that the amendment made by item 27 applies in relation to identity cards issued after the commencement of item 28.

Items 29 to 34

78. Items 29 to 34 are related.

79. There is currently a definition of Export entry advice and a definition of export entry advice in subsection 4(1) of the Customs Act 1901. Both refer to subsection 114C(1). "Export entry advice means a communication, in respect of an export entry, that is made in the manner, and has the form, specified in regulations made for the purpose of subsection 114C(1)." However, "export entry advice means an export entry advice given under subsection 114C(1)." The definition of Export entry advice was contained in the Act first. The definition of export entry advice was inserted in the Act by item 52 of Schedule 3 to the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001. Item 62 of Schedule 3 to that Act remade section 114C, which included language of Customs "giving" an export entry advice, consistently with the definition of export entry advice. The definition of Export entry advice is redundant as it is no longer used in the Act. Item 29 repeals the redundant definition.

80. Items 30 and 31 amend section 114C of the Customs Act 1901, which concerns authority to deal with goods entered for export. Subsections 114C(1) and (2) have the effect that if goods have been entered for export by the making of an export declaration in respect of the goods, a Collector must give an export entry advice, in a manner and form specified in the regulations (including in the information set out in that advice a number (the export entry advice number) by which the advice can be identified), that constitutes either an authority to deal with the goods to which the entry relates in accordance with the entry or a refusal to provide such an authority.

81. Item 30 amends subsection 114C(1) to enable export entry advices to satisfy the requirements prescribed by the regulations. Item 31 amends subsection 114C(2) to ensure that one of those requirements is that the regulations must require an export entry advice to contain an export entry advice number by which the advice can be identified.

82. Item 34 is an application provision, which provides that the amendments made by items 30 and 31 apply in relation to export entry advices given after the commencement of item 34.

83. Item 32 amends section 126 of the Customs Act 1901, which requires a certificate of landing to be in a form prescribed by the regulations. No such form has been prescribed. Item 32 amends that section to require the certificate to be in the approved form, which, under section 4A of that Act, means a form that is approved, by instrument in writing, by the Comptroller-General of Customs.

84. Item 33 amends section 130B of the Customs Act 1901 which requires a return in a prescribed form to be given to a Collector immediately before the departure of an aircraft from Australia. No such form has been prescribed. Item 46 amends paragraph 130B(2A)(b) of that Act to require the return to be in the approved form, which, under section 4A of that Act, means a form that is approved, by instrument in writing, by the Comptroller-General of Customs.

Items 35 and 36

85. Items 35 and 36 are related.

86. Item 35 amends subsection 40(2) of the Defence Trade Controls Act 2012, which has the effect that the Secretary must issue an identity card to an authorised person that is in the form prescribed by the regulations and that contains the information prescribed by the regulations. Item 35 amends that subsection to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

87. Item 36 is an application provision, which provides that the amendment made by item 35 applies in relation to identity cards issued after the commencement of item 36.

Items 37 to 48

88. Items 37 to 48 are related.

89. Item 37 amends subsection 33(4) of the Designs Act 2003, which has the effect that the Registrar must publish a notice stating that a design application has lapsed under subsection (1) and that the notice must be in the form prescribed by the regulations. Item 37 amends that subsection to enable notices to be in any form as long as they satisfy the requirements prescribed by the regulations.

90. Item 48 is an application provision. Subitem 48(1) has the effect that the amendment made by item 37 applies in relation to notices published after the commencement of item 48.

91. Item 38 amends subsection 45(3) of the Designs Act 2003, which has the effect that the Registrar must issue a certificate of registration to the relevant applicant and that the certificate must be in the form prescribed by the regulations. Item 38 amends that subsection to enable certificates to be in any form as long as they contain the information prescribed by the regulations.

92. Item 48 is an application provision. Subitem 48(2) has the effect that the amendment made by item 38 applies in relation to certificates issued after the commencement of item 48.

93. Item 39 amends subsection 45(4) of the Designs Act 2003, which has the effect that the Registrar must publish a notice stating that a design has been registered and that the notice must be in the form prescribed by the regulations. Item 39 amends that subsection to enable notices to be in any form as long as they satisfy the requirements prescribed by the regulations.

94. Item 48 is an application provision. Subitem 48(1) has the effect that the amendment made by item 39 applies in relation to notices published after the commencement of item 48.

95. Item 40 amends subsection 47(3) of the Designs Act 2003, which has the effect that the Registrar must renew the registration of a design if the application is in the form prescribed by the regulations. Item 40 amends that subsection to enable applications to be in any form as long as they satisfy the requirements prescribed by the regulations.

96. Item 48 is an application provision. Subitem 48(3) has the effect that the amendment made by item 40 applies in relation to applications made after the commencement of item 48.

97. Item 41 is a consequential amendment of paragraph 47(4)(b) of the Designs Act 2003 to refer to an application that satisfies the requirements prescribed by the regulations for the purposes of subsection 47(3) of that Act.

98. Item 42 amends paragraph 49(3)(c) of the Designs Act 2003, which has the effect that an offer to surrender the registration of a registered design made by the registered owner must be made in a form prescribed by the regulations. Item 42 amends that paragraph to enable offers to be in any form as long as they contain the information prescribed by the regulations.

99. Item 48 is an application provision. Subitem 48(4) has the effect that the amendment made by item 42 applies in relation to offers made after the commencement of item 48.

100. Item 43 amends subsection 52(4) of the Designs Act 2003, which has the effect that when the Registrar publishes a notice stating that the registration of a design has been revoked and that the design is taken never to have been registered, the notice must be in the form prescribed by the regulations. Item 43 amends that subsection to enable notices to be in any form as long as they satisfy the requirements prescribed by the regulations.

101. Item 48 is an application provision. Subitem 48(1) has the effect that the amendment made by item 43 applies in relation to notices published after the commencement of item 48.

102. Items 44 and 45 amend paragraph 67(3)(a) of the Designs Act 2003, which has the effect that a certificate of examination to the registered owner of a design must be in the form prescribed by the regulations. Items 44 and 45 amend that paragraph to enable the certificates to be in any form as long as they contain the information prescribed by the regulations.

103. Item 48 is an application provision. Subitem 48(2) has the effect that the amendments made by item 44 and 45 apply in relation to certificates issued after the commencement of item 48.

104. Item 46 amends paragraph 67(3)(c) of the Designs Act 2003, which has the effect that a notice stating that an examination of the design has been completed and that infringement proceedings may be commenced must be in the form prescribed by the regulations. Item 46 amends that paragraph to enable notices to be in any form as long as they satisfy the requirements prescribed by the regulations.

105. Item 48 is an application provision. Subitem 48(1) has the effect that the amendment made by item 46 applies in relation to notices published after the commencement of item 48.

106. Item 47 amends subsection 68(3) of the Designs Act 2003, which has the effect that if the registration of a design is revoked after examination the Registrar must publish a notice, in the form prescribed by the regulations, stating that the registration of the design has been revoked and that the design is taken never to have been registered. Item 47 amends that subsection to enable notices to be in any form as long as they satisfy the requirements prescribed by the regulations.

107. Item 48 is an application provision. Subitem 48(1) has the effect that the amendment made by item 47 applies in relation to notices published after the commencement of item 48.

Items 49 and 50

108. Items 49 and 50 are related.

109. Item 49 amends subsection 39(2) of the Fuel Quality Standards Act 2000, which has the effect that the Secretary must issue an identity card to an inspector that is in the form prescribed by the regulations. Item 49 repeals and substitutes paragraph 39(2)(a) to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

110. Item 50 is an application provision, which provides that the amendment made by item 49 applies in relation to identity cards issued after the commencement of item 50.

Items 51 to 53

111. Items 51 to 53 are related.

112. Items 51 and 52 amend section 45 of the Great Barrier Reef Marine Park Act 1975. That section deals with identity cards. Subsection 45(1) provides that the Authority shall cause to be issued to each inspector, other than a member of a police force, an identity card in the form prescribed. Item 51 amends that subsection to provide that the identity cards are to be in the form approved in an instrument under subsection 45(1A). Item 52 inserts proposed new subsection 45(1A), providing that the CEO may, by notifiable instrument, approve the form.

113. Item 53 is an application provision, which provides that the amendments apply in relation to identity cards issued after the commencement of that item.

Items 54 to 58

114. Items 54 to 58 are related.

115. Items 54 and 55 amend subsection 40(1) of the Health Insurance Act 1973. Subsection 40(1) of that Act provides that an organization may apply, in accordance with the prescribed form, to the Minister for approval as an organization under Part IV of the Act, which concerns health program grants. Item 54 amends subsection 40(1) to provide that the application will instead be in accordance with the approved form. Subsection 3(1) of the Act defines what an approved form is. The definition provides that it is a form approved by the Minister, by writing signed by him or her, for the purposes of the provision in which the expression occurs. Item 55 requires that the application must be signed in accordance with the regulations.

116. Items 56 and 57 amend subsection 41(1) of the Act. Subsection 41(1) provides that an approved organization may apply, in accordance with the prescribed form, to the Minister for approval of a health service provided, or to be provided, by the organization. Item 56 amends subsection 41(1) to provide that the application will instead be in accordance with the approved form. Subsection 3(1) of the Act defines what an approved form is. The definition provides that it is a form approved by the Minister, by writing signed by him or her, for the purposes of the provision in which the expression occurs. Item 57 requires that the application must be signed in accordance with the regulations.

117. Item 58 is an application provision, which provides that the amendments made by items 54 to 57 apply in relation to applications made after the commencement of that item.

Items 59 to 64

118. Items 59 to 64 are related.

119. Items 59 to 61 amend section 14 of the International Air Services Commission Act 1992, which deals with the form of applications for a determination allocating available capacity. Paragraph 14(1)(d) and subsection 14(2) of that Act allow the regulations to deal with the form and content of the applications. No such regulations have been made. Items 60 and 61 repeal paragraph 14(1)(d) and subsection 14(2) of that Act. Item 59 makes a consequential amendment to paragraph 14(1)(c) of that Act to ensure correct punctuation at the end of that paragraph.

120. Items 62 to 64 amend section 21 of the International Air Services Commission Act 1992, which deals with the form of applications for variation of determinations. Paragraph 21(2)(d) and subsection 21(3) of that Act allow the regulations to deal with the form and content of the applications. No such regulations have been made. Items 63 and 64 repeal paragraph 21(2)(d) and subsection 21(3) of that Act. Item 62 makes a consequential amendment to paragraph 21(2)(c) of that Act to ensure correct punctuation at the end of that paragraph.

Items 65 to 68

121. Items 65 to 68 are related.

122. Subsections 61A(2), 79A(2), 81(2) and 100X(2) of the Maritime Transport and Offshore Facilities Security Act 2003 concern applications for:

(a)

regulated Australian ships to be exempt from the requirement to have ship security plans (subsection 61A(2));

(b)

regulated Australian ships to be exempt from the requirement to have an ISSC (subsection 79A(2)); and

(c)

ship operators (subsection 81(2)) and offshore facility operators (subsection 100X(2)) to be given an ISSC.

123. Those provisions provide that the application must be in accordance with any requirements prescribed by the regulations and that the regulations may prescribe requirements in relation to the form and content of the application and the way in which the application is made. Items 65 to 68 omit the words stating that the regulations may prescribe requirements in relation to the form and content of the application, and the way in which the application is made as those words do not add anything legally to the requirement that the applications must be in accordance with any requirements prescribed by the regulations.

Items 69 to 71

124. Item 69 amends subsection 140W(2) of the Migration Act 1958, which has the effect that the Minister must issue an identity card to an appointed inspector in the form prescribed by the regulations. Item 69 repeals and substitutes paragraph 140W(2)(a) to require identity cards to be in the approved form and to permit them to include additional information not set out in the form. Subsection 5(1) of the Act provides that approved form when used in a provision of the Act, means a form approved by the Minister in writing for the purposes of that provision.

125. Item 71 is an application provision. Subitem 71(1) provides that the amendment made by item 69 applies in relation to identity cards issued after the commencement of item 71.

126. Item 70 amends subsection 274(3) of the Migration Act 1958, which relates to the issue by the Secretary or Australian Border Force Commissioner of documents containing certain information. That subsection requires those documents to be in the prescribed form. Item 70 repeals and substitutes that subsection to replace the requirement for the documents to be in a prescribed form with a requirement that the documents be in the approved form and (as under the current prescribed form) that they contain a photograph of the person concerned (if available). Item 70 retains the requirements that the documents state, to the best of the Secretary's or Australian Border Force Commissioner's knowledge, the name and nationality of the person concerned and include such other information as the Secretary or Australian Border Force Commissioner thinks appropriate. Subsection 5(1) of the Act provides that approved form, when used in a provision of the Act, means a form approved by the Minister in writing for the purposes of that provision.

127. Item 71 is an application provision. Subitem 71(2) provides that the amendment made by item 70 applies in relation to documents given after the commencement of item 71.

Item 72

128. Item 72 amends section 40 of the National Environment Protection Measures (Implementation) Act 1998 which concerns annual reports. Subsection 40(1) requires annual reports, relating to the carrying on of an activity to which a national environment protection measure applies, to be given in the prescribed form. Currently the regulations only require a written report. Item 72 amends subsection 40(1) to refer to a report being given in writing.

Items 73 to 77

129. Items 73 and 74 amend section 15 of the National Greenhouse and Energy Reporting Act 2007. That section provides requirements for applications to register in relation to meeting a threshold and applications to register in relation to greenhouse gas project. Paragraph 15(d) requires that the applications be in the form (if any) specified in the regulations. Item 73 inserts 15(aa) of that Act to replace that requirement with a requirement that an application be in a form approved by the Regulator. Item 74 repeals and substitutes paragraph 15(d) of that Act to include a requirement that an application comply with any requirements prescribed by the regulations.

130. Item 77 is an application provision. Subitem 77(1) has the effect that the amendments made by items 73 and 74 apply in relation to applications made after the commencement of item 77.

131. Section 20 of the National Greenhouse and Energy Reporting Act 2007 concerns the liability of persons to provide certain information. Under subsection 20(2) a registered corporation or other person may apply, in the manner and form specified in the regulations, to the Regulator for a determination about the provision of information. Item 75 repeals and substitutes that subsection with requirements that the application must be in a form approved by the Regulator and comply with any requirements prescribed by the regulations.

132. Item 77 is an application provision. Subitem 77(1) has the effect that the amendment made by item 75 applies in relation to applications made after the commencement of item 77.

133. Section 58(1) of the National Greenhouse and Energy Reporting Act 2007 requires that the Regulator must issue an identity card to an authorised officer in the form specified by the regulations. Item 76 amends that subsection to require identity cards to satisfy the requirements prescribed by the regulations.

134. Item 77 is an application provision. Subitem 77(2) has the effect that the amendment made by item 76 applies in relation to identity cards issued after the commencement of item 77.

Items 78 to 93

135. Items 78 to 93 are related.

136. Items 78 and 79 amend subsection 12(2) of the National Health and Medical Research Council Act 1992, which has the effect that before the Council provides a regulatory recommendation to the CEO the Council must publish a notice, in the manner and form specified in the regulations, stating its intention to provide the regulatory recommendation to the CEO and inviting persons or bodies to make submissions relating to the proposed recommendation. Item 78 amends that subsection to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that it must be published on the NHMRC's website. Item 79 amends that subsection to add a requirement that the notice must include the information prescribed by the regulations.

137. Items 80 to 82 amend paragraph 12(3)(a) of the National Health and Medical Research Council Act 1992, which has the effect that soon after the end of the period specified under subsection 12(2) for making submissions, if the Council proposes to provide a recommendation to the CEO, the Council must prepare a draft of the recommendation and publish a notice, in the manner and form specified in the regulations, containing a summary of the draft recommendation, stating where copies of the draft recommendation can be obtained and inviting persons or bodies to make submissions relating to the draft recommendation. Item 80 amends that paragraph to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website. Item 82 adds a new subparagraph that adds a requirement that the notice must include the information prescribed by the regulations. Item 81 makes a consequential amendment to support the inclusion of the additional subparagraph.

138. Item 83 amends paragraph 12(3)(b) of the National Health and Medical Research Council Act 1992, which has the effect that soon after the end of the period specified under subsection 12(2) for making submissions, if the Council no longer proposes to provide a recommendation to the CEO, the Council must publish a notice, in the manner and form specified in the regulations, stating that fact. Item 83 repeals and substitutes paragraph 12(3)(b) to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website and add a new requirement that the notice must include the information prescribed by the regulations.

139. Items 84 and 85 amend paragraph 13(d) of the National Health and Medical Research Council Act 1992, which has the effect that, before the Council provides various guidelines to the CEO or the Australian Health Ethics Committee provides various guidelines to the Council, the Council or Committee must prepare a draft of the guidelines and publish a notice, in the manner and form specified in the regulations, containing a summary of the draft guidelines, stating where copies of the draft guidelines can be obtained and inviting persons or bodies to make submissions relating to the draft guidelines. Item 84 amends paragraph 13(d) to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website. Item 85 adds a new subparagraph that adds a requirement that the notice must include the information prescribed by the regulations.

140. Items 86 and 87 amend subsection 14(2) of the National Health and Medical Research Council Act 1992, which has the effect that, within 30 days after the CEO makes an interim regulatory recommendation or issues interim guidelines, the CEO must publish a notice, in the manner and form specified in the regulations, setting out his or her reasons for making the recommendation or issuing the guidelines, setting out either a summary of the recommendation or the guidelines and inviting persons or bodies to make submissions relating to the recommendation or guidelines. Item 86 amends subsection 14(2) to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website. Item 87 adds a new paragraph that adds a requirement that the notice must include the information prescribed by the regulations.

141. Items 88 and 89 amend subsection 14(4) of the National Health and Medical Research Council Act 1992, which has the effect that, in cases where the Council provides recommendations and guidelines to the CEO without consultation in urgent circumstances, within 30 days after the CEO makes an interim regulatory recommendation, or issues interim guidelines, the Council must publish a notice, in the manner and form specified in the regulations, setting out its reasons for providing the recommendation or guidelines to the CEO, setting out either a summary of the recommendation or the guidelines and inviting persons or bodies to make submissions to the Council relating to the recommendation or guidelines. Item 88 amends subsection 14(4) to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website. Item 89 adds a new paragraph that adds a requirement that the notice must include the information prescribed by the regulations.

142. Items 90 and 91 amend subsection 14(6) of the National Health and Medical Research Council Act 1992, which has the effect that, in cases where the Australian Health Ethics Committee provides guidelines to the Council without consultation in urgent circumstances, within 30 days after the CEO issues the interim guidelines, the Committee must publish a notice, in the manner and form specified in the regulations, setting out its reasons for providing the guidelines to the Council, setting out the guidelines and inviting persons or bodies to make submissions relating to the guidelines. Item 90 amends subsection 14(6) to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website. Item 91 adds a new paragraph that adds a requirement that the notice must include the information prescribed by the regulations.

143. Item 92 amends subsection 14B(2) of the National Health and Medical Research Council Act 1992, which has the effect that, if the Council or Australian Health Ethics Committee proposes to dispense with any requirements for consultation steps, the Council or Committee must publish a notice, in the manner and form and within the period specified in the regulations, stating its reasons. Item 92 repeals and substitutes subsection 14B(2) to omit the requirement that the notice be in the manner and form specified in the regulations and instead provide that the notice must be published on the NHMRC's website and add a new requirement that the notice must include the information prescribed by the regulations.

144. Item 93 is an application provision, which provides that the amendments made by items 78 to 92 apply in relation to notices published after the commencement of item 93.

Items 94 and 95

145. Items 94 and 95 are related.

146. Item 94 amends subsection 64(2) of the National Health Security Act 2007, which has the effect that the Secretary must issue an identity card to an inspector in the form prescribed by the regulations. Item 94 repeals and substitutes paragraph 64(2)(a) of that Act to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

147. Item 95 is an application provision, which provides that the amendment made by item 97 applies in relation to identity cards issued after the commencement of item 98.

Items 96 to 98

148. Items 96 to 98 are related.

149. Item 96 amends subsection 18MB(1) of the National Measurement Act 1960, which has the effect that the Secretary is required to issue an identity card to a trade measurement inspector in the form prescribed by the regulations. Item 96 amends that subsection to remove that requirement and item 97 adds a paragraph 18MB(1)(c) to require an identity card to contain the information prescribed by the regulations.

150. Item 98 is an application provision, which provides that the amendments made by items 96 and 97 apply in relation to identity cards issued after the commencement of item 98.

Items 99 to 104

151. Items 99 to 104 are related.

152. Items 99 and 100 amend section 8 of the Payment Systems and Netting Act 1998, which has the effect that an application to the Reserve Bank for approval of a payment or settlement system must be in the prescribed form and be accompanied by the documents specified in the regulations or required by the Reserve Bank. Item 99 amends paragraph 8(2)(a) to require applications to be in the form approved in an instrument under subsection 8(3). Item 100 adds subsection 8(3), which provides that the Reserve Bank may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).

153. Items 101 and 102 amend section 11 of the Act, which has the effect that an application to the Reserve Bank for approval of a multilateral netting arrangement must be in the prescribed form and be accompanied by the documents specified in the regulations or required by the Reserve Bank. Item 101 amends paragraph 11(2)(a) to require applications to be in the form approved in an instrument under subsection 11(3). Item 102 adds subsection 11(3), which provides that the Reserve Bank may, by notifiable instrument, approve a form for the purposes of paragraph (2)(a).

154. Currently section 17 of the Act has the effect that a document that the Act requires to be in a prescribed form must be in the prescribed form if a form for the document is prescribed in the regulations or in the approved form if a form for the document is not prescribed in regulations but the Reserve Bank has approved a form for the document. As a consequence of items 99 to 102 section 17 is redundant. Item 103 repeals that section.

155. Item 104 is an application provision, which provides that the amendments made by items 99 to 103 apply in relation to applications made after the commencement of item 104.

Items 105 to 113

156. Items 105 to 113 are related.

157. The Protection of Movable Cultural Heritage Act 1986 provides in subsections 10(2), 10A(3), 11(1), 12(2), 12(4) and 13(3) that things must be in the prescribed form, or, if no form is prescribed, the form approved by the Minister.

158. Item 105 amends subsection 3(1) of the Act to insert a definition of approved form, providing that, in relation to a provision of the Act, the term means a form approved in an instrument under section 3A for the purposes of that provision. Item 106 inserts section 3A, which provides that the Minister may, by notifiable instrument, approve a form for the purposes of a provision of the Act.

159. Subsection 10(2) has the effect that an application to the Minister for a permit to export a Class B object must be made in writing in the prescribed form, or, if no form is prescribed, the form approved by the Minister. Item 107 amends that subsection to provide that the application must be made in the approved form.

160. Item 113 is an application provision. Subitem 113(1) provides that the amendment made by item 107 applies in relation to applications made after the commencement of item 113.

161. Subsection 10A(3) has the effect that an application by a principal collecting institution or, if a principal collecting institution is not a body corporate, the person responsible for the institution's operations, to the Minister for a permit to export a Class B object that is accessioned into the collection for which the institution is responsible is to be made in writing in the prescribed form, or, if no form is prescribed, the form approved by the Minister. Item 108 amends that subsection to provide that the application must be made in the approved form.

162. Item 113 is an application provision. Subitem 113(1) provides that the amendment made by item 108 applies in relation to applications made after the commencement of item 116.

163. Subsection 11(1) has the effect that a permit granted under section 10 or 10A must be in writing in the prescribed form, or if no form is prescribed, the form approved by the Minister. Item 109 amends that subsection to provide that the permit must be granted in the approved form.

164. Item 113 is an application provision. Subitem 113(2) provides that the amendment made by item 109 applies in relation to permits granted after the commencement of item 116.

165. Subsection 12(2) has the effect that if a person intends to import an Australian protected object for temporary purposes or in circumstances in which the person may wish subsequently to export the object and the person applies to the Minister for a certificate authorising the exportation of the object, the application must be made in writing in the prescribed form or, if no form is prescribed, the form approved by the Minister. Item 110 amends that subsection to provide that the application must be made in the approved form.

166. Item 113 is an application provision. Subitem 113(1) provides that the amendment made by item 110 applies in relation to applications made after the commencement of item 113.

167. Subsection 12(4) has the effect that a certificate of exemption granted under section 12 must be in writing in the prescribed form or, if no form is prescribed, the form approved by the Minister. Item 111 amends that subsection to provide that the certificate must be granted in the approved form.

168. Item 113 is an application provision. Subitem 113(3) provides that the amendment made by item 111 applies in relation to certificates granted after the commencement of item 113.

169. Subsection 13(3) has the effect that at any time while a permit or certificate is in force, the Minister may, by notice in writing served on the holder of the permit or certificate, impose a condition to which the permit or certificate is to be subject, vary or revoke a condition of the permit or certificate, vary the period of effect of the permit or certificate or revoke the permit or certificate upon an application by the holder of the permit or certificate made in writing in the prescribed form, or, if no form is prescribed, the form approved by the Minister. Item 112 amends that subsection to provide that the application must be made in the approved form.

170. Item 113 is an application provision. Subitem 113(1) provides that the amendment made by item 112 applies in relation to applications made after the commencement of item 113.

Items 114 to 118

171. Items 114 to 118 are related.

172. Items 114 and 115 amend section 16 of the Protection of the Sea (Civil Liability) Act 1981. Subsection 16(2) has the effect that an application by the owner, master or agent of certain ships for the issue of an insurance certificate in respect of the ship must be in accordance with the prescribed form. Item 114 amends paragraph 16(2)(a) of the Act to provide that applications must be in accordance with the form approved in an instrument under subsection 16(2A). Item 115 inserts proposed new subsection 16(2A), providing that the Minister may, by notifiable instrument, approve the form and proposed new subsection 16(2B), providing that the Minister must cause the form to be published on the Authority's website.

173. Item 118 is an application provision. Subitem 118(1) provides that the amendment made by item 114 applies in relation to applications made after the commencement of item 118.

174. Items 116 and 117 also amend section 16 of the Protection of the Sea (Civil Liability) Act 1981. Paragraph 16(4)(a) has the effect that an insurance certificate issued under subsection 16(3) in respect of a ship must be in accordance with the prescribed form. Item 116 amends that paragraph to provide that certificates must be in accordance with the form approved in an instrument under subsection 16(4A). Item 117 inserts proposed new subsection 16(4A), providing that the Minister may, by notifiable instrument, approve the form, and proposed new subsection 16(4B), providing that the Minister must cause the form to be published on the Authority's website.

175. Item 118 is an application provision. Subitem 118(2) provides that the amendment made by item 116 applies in relation to certificates issued after the commencement of item 118.

Items 119 to 121

176. Items 119 to 121 are related.

177. Item 119 amends subsection 35(2) of the Regulatory Powers (Standard Provisions) Act 2014, which has the effect that the relevant chief executive must issue an identity card to an authorised person in the form prescribed by the regulations. Item 119 repeals and substitutes paragraph 35(2)(a) to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

178. Item 120 amends subsection 76(2) of the Regulatory Powers (Standard Provisions) Act 2014, which has the effect that the relevant chief executive must issue an identity card to an authorised person in the form prescribed by the regulations. Item 120 repeals and substitutes paragraph 76(2)(a) to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

179. Item 121 is an application provision, which provides that the amendments made by items 119 and 120 apply in relation to identity cards issued after the commencement of item 121.

Items 1225 and 123

180. Items 122 and 123 are related.

181. Item 122 amends subsection 108(1) of the Renewable Energy (Electricity) Act 2000, which has the effect that the Regulator must issue an identity card to an authorised officer in the form prescribed by the regulations. Item 122 amends that subsection to enable identity cards to be in any form as long as they satisfy the requirements prescribed by the regulations.

182. Item 123 is an application provision, which provides that the amendment made by item 122 applies in relation to identity cards issued after the commencement of item 123.

Items 124 and 125

183. Items 124 and 125 are related.

184. Item 124 amends paragraph 102(1)(a) of the Safety, Rehabilitation and Compensation Act 1988, which has the effect that applications for licences must be in writing in the prescribed form. Item 124 amends that paragraph to enable applications to be in any form as long as they satisfy the requirements prescribed by the regulations.

185. Item 125 is an application provision, which provides that the amendment made by item 124 applies in relation to applications lodged after the commencement of item 125.

Items 126 to 129

186. Items 126 to 129 are related.

187. Item 126 amends paragraph 52(2)(a) of the Trade Marks Act 1995. Paragraph 52(2)(a) of that Act provides that a notice of opposition to the registration of a trade mark must be filed in the form prescribed by the regulations. Item 126 amends that paragraph to provide that the notice of opposition must instead be filed in accordance with the regulations.

188. Item 127 amends paragraph 96(2)(a) of the Trade Marks Act 1995. Paragraph 96(2)(a) of that Act provides that a notice of opposition to an application for removal of a trade mark from the Register must be filed in the form prescribed by the regulations. Item 127 amends that paragraph to provide that the notice of opposition must instead be filed in accordance with the regulations.

189. Item 129 is an application provision. Subitem 129(1) has the effect that the amendments made by items 126 and 127 apply in relation to notices of opposition filed after the commencement of item 129.

190. Item 128 amends section 136 of the Trade Marks Act 1995, which provides that a claim to the Comptroller-General of Customs for the release of seized goods must be in the form (if any) prescribed by the regulations and include the information prescribed by the regulations. Item 128 repeals and substitutes subsection 136(3) of that Act to enable claims to be in any form as long as they contain the information prescribed by the regulations.

191. Item 129 is an application provision. Subitem 129(2) has the effect that the amendment made by item 128 applies in relation to claims made after the commencement of item 129.

Items 130 and 131

192. Items 130 and 131 are related.

193. Item 130 amends subsection 29(2) of the Transport Safety Investigation Act 2003, which has the effect that an identity card issued to every person who can exercise premises powers must be in the form prescribed by the regulations. Item 130 repeals and substitutes paragraph 29(2)(a) of that Act to require an identity card to contain the information prescribed by the regulations.

194. Item 131 is an application provision, which provides that the amendment made by item 130 applies in relation to identity cards issued after the commencement of item 131.

Schedule 2 - References to persons with disability

195. The items in this Schedule update language relating to persons with disability in:

(a)

the Family Law Act 1975;

(b)

the Social Security Act 1991; and

(c)

the Veterans' Entitlements Act 1986.

196. They do so by using language that focuses on the person, rather than the disability. The object of each update is to prevent negative impacts on the lives of people with disability resulting from the way they are referred to in Commonwealth Acts.

197. The updates give effect to the recommendations made by Economic Justice Australia in its August 2022 research report, Handicapped - Use of outdated terminology in Social Security law and policy.

198. For example, Part 2.21 of the Social Security Act 1991 provides for the mobility allowance, which helps with travel costs for work, study or looking for work, for a person with disability, illness or injury that means the person cannot use public transport. Generally, to qualify for the mobility allowance a person must be a person with disability who has turned 16. Part 2.21 of the Social Security Act 1991 contains several occurrences of the label handicapped. Economic Justice Australia's report found that disrespectful language can make people with disability feel hurt and excluded. It can be a barrier to full participation in society. These words suggest a person is unlikely to succeed because of disability.

199. To remedy this problem, it is necessary to replace these words with language that focuses on the person rather than the disability. The Schedule updates the language relating to persons with disability. These updates do not change the meaning of the provisions.

Items 1 to 3

200. Items 1 to 3 are related.

201. Item 1 removes references to "mental or physical" in the expression "mental or physical disability" in paragraphs 66L(1)(b) and (2)(b) and 66VA(1)(b) of the Family Law Act 1975. This ensures that references to disability in these paragraphs are consistent with similar references in the other provisions being amended by this Schedule.

202. The first 3 paragraphs of the definition of maintenance order in subsection 110(1) of the Family Law Act 1975 do not end with conjunctions. Current drafting practice is to end paragraphs with conjunctions.

203. The definition currently refers to a child who is mentally or physically handicapped.

204. Item 2 adds conjunctions at the end of paragraphs (a) and (b) of the definition.

205. Item 3 adds a conjunction at the end of paragraph (c) of the definition and updates the definition to use language that focusses on the child rather than the disability.

Item 4

206. Item 4 amends the definition of disadvantaged person in subsection 10A(2) of the Social Security Act 1991 to remove the reference to a person who is intellectually, psychiatrically or physically handicapped and to link the definition to the equivalent definition in the Fringe Benefits Tax Assessment Act 1986 (see section 136 of that Act).

207. In the Social Security Act 1991, the expression "disadvantaged persons" is only used in section 1157J, which exempts housing benefits for live-in residential care workers from being assessable fringe benefits.

Items 5, 6, 8, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 27

208. Items 5, 6, 8, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 27 are related.

209. Currently, to qualify for mobility allowance under the rate specified in subsection 1044(1) of the Social Security Act 1991, a person must satisfy all the criteria listed against one of the set of circumstances set out in paragraphs 1035(1)(a) to (h). In each set of circumstances, the person must be a handicapped person. Section 19 defines handicapped person as a person with a disability who has turned 16.

210. Item 5 repeals the definition of handicapped person in section 19 of the Social Security Act 1991.

211. Item 6 amends subsection 23(1) of the Social Security Act 1991 and is consequential to item 5.

212. Item 8 inserts the criteria that a person be a person with disability who has turned 16 into subsection 1035(1) of the Social Security Act 1991. There is no definition of person with a disability. The meaning of person with disability is the ordinary meaning. The criteria that the person has turned 16 is not new. The definition of handicapped person repealed by item 5 included the requirement that a person had turned 16. The update does not change the meaning of the provision.

213. Items 9, 11, 13, 15, 17, 19, 21 and 23 amend paragraphs 1035(1)(a) to (h) of the Social Security Act 1991, each of which included the criteria that a person is a handicapped person. They are consequential to items 5 and 8.

214. Item 25 amends paragraph 1035A(1)(a) of the Social Security Act 1991 and substitutes the criteria that a person be a person with disability who has turned 16. To qualify for mobility allowance under the rate specified in subsection 1044(1A), a person must satisfy the general principles listed in subsection 1035A(1). Of these, paragraph 1035A(1)(a) requires the person be a person with disability. As for item 8, the criteria that the person has turned 16 is not new. The update does not change the meaning of the provision.

215. Item 27 repeals subsection 1039AA(4) of the Social Security Act 1991 and substitutes the criteria that subsection (1) does not apply to a person who, while in Australia, becomes a person with disability who has turned 16. Generally, newly arrived residents are subject to a waiting period under section 1039AA. This waiting period does not apply to a person who becomes a person with disability who has turned 16. As for item 8, the criteria that the person has turned 16 is not new. The repealed definition of handicapped person included the requirement that a person had turned 16. The update does not change the meaning of the provision.

Items 7, 10, 12, 14, 16, 18, 20, 22, 24 and 26

216. Items 7, 10, 12, 14, 16, 18, 20, 22, 24 and 26 are related.

217. Items 7, 10, 12, 14, 16, 18, 20, 22, 24 and 26 remove "physical or mental" from the expression "physical or mental disability" in paragraph 729(2)(e), subsection 1035(1) and paragraph 1035A(1)(b) of the Social Security Act 1991. These amendments increase consistency across the Social Security Act 1991. They do not change the meaning of the amended provisions.

Items 28 to 31

218. Items 28 to 31 are related.

219. Subsection 104(1) of the Veterans' Entitlements Act 1986 currently refers to a person as being "handicapped".

220. Items 28 to 31 update this language, consistently with the amendments of the Family Law Act 1975 and the Social Security Act 1991 made by this Schedule.

Schedule 3 - References to Northern Territory Legislation

221. The Interpretation Legislation Amendment Act 2018 (NT) amended section 49 of the Interpretation Act 1978 (NT) to change the way Northern Territory legislation may be cited. The new method of citation requires the year of enactment or making to be included in the short title of the legislation.

222. The items in this Schedule update references in the following Commonwealth Acts consistently with this new scheme for citing Northern Territory legislation:

(a)

the Aboriginal Land Rights (Northern Territory) Act 1976;

(b)

the Fair Work Act 2009;

(c)

the Lands Acquisition (Northern Territory Pastoral Leases) Act 1981;

(d)

the Mutual Recognition Act 1992;

(e)

the Native Title Act 1993;

(f)

the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

(g)

the Surveillance Devices Act 2004;

(h)

the Telecommunications (Interception and Access) Act 1979;

(i)

the Trans-Tasman Mutual Recognition Act 1997;

(j)

the Uranium Royalty (Northern Territory) Act 2009; and

(k)

the Work Health and Safety Act 2011.

Schedule 4 - Other amendments of principal Acts

Item 1

223. The note to subsection 15A(8) of the Air Navigation Act 1920 states that "Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to [a determination made under subsection 15A(3) of the Air Navigation Act 1920]: see regulations made for the purposes of paragraph 54(2)(b) of that Act." This note was included in error, as the regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003 do not cover such a determination.

224. Item 1 repeals the note.

Item 2

225. Paragraph 76(1A)(b) of the Airports Act 1996 contains a grammatical error. Subsection 76(1A) states that "the company: (a) must obtain a new Australian Noise Exposure Forecast; and (b) specify that new Australian Noise Exposure Forecast in that plan." While it is clear that paragraph (b) contains a requirement, paragraph (b) is not grammatically correct as it states "specify" instead of "must specify".

226. Item 2 corrects that grammatical error.

Item 3

227. Item 3 repeals the redundant definition of percentage range inserted in subsection 3(1) of the A New Tax System (Family Assistance) Act 1999 by item 9 of Schedule 2 to the Child Support and Family Assistance Legislation Amendment (Budget and Other Measures) Act 2010.

228. That definition is redundant as it states that "percentage range has the meaning given by subsection 35P(2)". Subsection 35P(2) of the A New Tax System (Family Assistance) Act 1999 was repealed and substituted by item 21 of Schedule 1 to the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 and no longer gives a meaning of percentage range. Item 4 of Schedule 1 to the Family Assistance and Child Support Legislation Amendment (Protecting Children) Act 2018 inserted a replacement definition of percentage range.

Items 4 to 7

229. Items 4 to 7 are related.

230. Division 3 of Part 15 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 provides for the giving of infringement notices in relation to alleged contraventions of certain provisions of that Act. Generally, infringement notices may be given by an authorised officer, a customs officer or a police officer (see subsection 184(1) of that Act). The AUSTRAC CEO is an authorised officer (see section 5). The AUSTRAC CEO may also appoint a member of the staff of AUSTRAC, or a person whose services are made available to AUSTRAC under subsection 225(3), to be an authorised officer (see section 145).

231. An infringement notice relating to an alleged contravention of a designated infringement notice provision may only be given by the AUSTRAC CEO, and not by another authorised officer or by a customs officer or a police officer (see subsection 184(1B)). Designated infringement notice provision is defined in subsection 184(4).

232. The power of the AUSTRAC CEO to give an infringement notice may be delegated under section 222 to a member of the staff of AUSTRAC, but not to a person whose services are made available to AUSTRAC under subsection 225(3).

233. Item 4 provides that an infringement notice relating to an alleged contravention of a designated infringement notice provision may be given by any authorised officer, not just the AUSTRAC CEO. Subject to appropriate limitations and safeguards discussed further below, this will increase administrative efficiency for AUSTRAC in relation to giving an infringement notice relating to an alleged contravention of a designated infringement notice provision, by:

(a)

allowing the AUSTRAC CEO to appoint authorised officers to give such an infringement notice rather than delegating the AUSTRAC CEO's power to give an infringement notice; and

(b)

allowing a person who is not a member of the staff of AUSTRAC but whose services are made available to AUSTRAC under subsection 225(3) and who is appointed as an authorised officer under section 145 to give such an infringement notice.

234. Items 5, 6 and 7 amend section 184(1C) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. These amendments are consequential to item 4.

235. The existing limitations and safeguards in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 will apply to any infringement notices issued by authorised officers as a result of these amendments. In particular, subsection 145(3) of the Act will continue to provide that all authorised officers remain subject to any direction from the AUSTRAC CEO in exercising powers or performing functions as an authorised officer. Authorised officers will also be required to consider the matters in subsection 184(1C) before issuing an infringement notice in relation to the majority of the designated infringement notice provisions in subsection 184(4), with these matters including (in summary) the nature, extent, seriousness and circumstances of the contravention, and any other matter the authorised officer considers to be relevant.

236. These amendments also do not affect the limitations on the categories of persons whose services can be made available to AUSTRAC under subsection 225(3) of the of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, which will contribute to ensuring that only persons with appropriate qualifications and necessary skills can issue an infringement notice relating to an alleged contravention of a designated infringement notice provision. Specifically, subsection 225(3) applies only to:

(a)

officers and employees of Agencies (within the meaning of the Public Service Act 1999);

(b)

officers and employees of authorities of the Commonwealth;

(c)

members of the Australian Federal Police;

(d)

officers and employees of a State or Territory;

(e)

officers and employees of authorities of a State or Territory;

(f)

members of the police force or police service of a State or Territory; or

(g)

persons with suitable qualifications and experience who are officers, or employees, of some other body or organisation (whether located within or outside Australia).

Item 8

237. Subparagraph 10(1)(o)(ii) of the Australian Communications and Media Authority Act 2005 refers to functions conferred on the ACMA by or under the Broadcasting Services Act 1992 (other than Part 14AA or Schedule 5 or 7). Schedule 5 to the Broadcasting Services Act 1992 was repealed on 23 January 2022 by Part 1 of Schedule 2 to the Online Safety (Transitional Provisions and Consequential Amendments) Act 2021. That Part also amended Schedule 7 to the Broadcasting Services Act 1992 so that Schedule 7 no longer confers functions on the ACMA.

238. Item 8 removes the redundant references to Schedules 5 and 7 of the Broadcasting Services Act 1992.

Items 9 and 10

239. Items 9 and 10 are related.

240. Paragraphs 90J(6)(ca) and 90LC(5)(ca) of the Australian Postal Corporation Act 1989 refer to the disclosure of information or a document as required by or under the Independent Commissioner Against Corruption Act 2012 (SA). That South Australian Act was renamed on 7 October 2021 by the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 (SA) as the Independent Commission Against Corruption Act 2012.

241. Items 9 and 10 update the references to that South Australian Act.

Items 11 and 12

242. Items 11 and 12 are related.

243. Section 194 of the Commonwealth Electoral Act 1918 contains 2 subsections numbered (1B).

244. Item 4 of Schedule 1 to the Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Act 2021 inserted a subsection (1B) after subsection 194(1A) of the Commonwealth Electoral Act 1918 on 3 September 2021. That subsection (1B) was enacted for the purposes of paragraphs 194(1A)(c) and (d).

245. Item 13 of Schedule 1 to the Electoral Legislation Amendment (Contingency Measures) Act 2021 inserted another subsection numbered (1B) after subsection 194(1A) on 14 December 2021.That subsection (1B) relates to the matters dealt with in paragraphs 194(1)(d), (da), (db) and (f).

246. Items 11 and 12 relocate the subsection 194(1B) inserted on 14 December 2021 to the appropriate position within section 194 and renumber it as subsection 194(1D).

Item 13

247. Schedule 1 to the Commonwealth Electoral Act 1918 sets out various forms. Form DB is headed "QUALIFICATION CHECKLIST RELATING TO YOUR ELIGIBILITY UNDER SECTION 44 OF THE AUSTRALIAN CONSTITUTION". It contains the qualification checklist referred to in subsection 4(1) of that Act.

248. Before each form set out in Schedule 1 to the Commonwealth Electoral Act 1918, other than Form DB, there is a note referring to the provision of the Act to which the form is relevant.

249. Item 13 inserts an equivalent note for Form DB.

Items 14 to 24

250. Items 14 to 24 are related.

251. Sections 153XC, 153Y, 153Z, 153ZIA, 153ZJA, 153ZKA, 153ZLA, 153ZLJA, 153ZMA, 153ZNA and 153ZPA of the Customs Act 1901 are the simplified outlines for Divisions 1BA, 1C, 1D, 1E, 1F, 1G, 1H, 1HA, 1J, 1K and 1M of Part VIII of that Act. Those sections all start "This Division defines [Singaporean, US etc.] originating goods...".

252. In most other simplified outlines in Part VIII, the concept that is being defined does not appear in bold and italics (see sections 153ZIL, 153ZKK, 153ZKT, 153ZOA and 153ZQA).

253. Items 14 to 24 remove the bold and italics so that the simplified outlines in Part VIII are consistent.

Items 25 and 26

254. Items 25 and 26 are related.

255. Section 14(4) of the Data Availability and Transparency Act 2022 criminalises the use of data by an individual or a body corporate in certain circumstances. Paragraph 14(4)(d) sets out the circumstance that "the individual or body corporate's use is not authorised by this Act and the individual is reckless with respect to that circumstance." The requirement for recklessness was clearly intended to apply to both individuals and bodies corporate, but a reference to a body corporate was not included in this part of paragraph 14(4)(d).

256. Item 25 inserts the missing reference to a body corporate.

257. Item 26 is an application provision for the amendment made by item 25.

Item 27

258. Subsection 34(1) of the Data Availability and Transparency Act 2022 requires a data custodian to notify the Commissioner of certain matters "within the period applicable under subsection (5) after the end of a financial year". There is no subsection (5) in section 34 of that Act. Instead, it is subsection 34(4) that provides for the period for notifying the Commissioner.

259. Item 27 corrects the reference in subsection 34(1) of the Data Availability and Transparency Act 2022 to subsection 34(5) so that it refers instead to subsection 34(4).

Item 28

260. Section 122 of the Data Availability and Transparency Act 2022 provides that "Applications may be made to the Administrative Appeals Tribunal to review a reviewable decision if... (b) the decision has been affirmed or varied under paragraph 120(1)(b)".

261. Subsection 120(1) provides that a person reviewing a reviewable decision may do any of the following:

(a)

affirm the decision;

(b)

vary the decision;

(c)

revoke the decision and substitute a new decision.

262. Paragraph 122(b) could be read as referring to decisions being affirmed under paragraph 120(1)(b), even though:

(a)

decisions are affirmed under paragraph 120(1)(a); and

(b)

paragraph 120(1)(b) only covers varying decisions.

263. Furthermore, as revoking and substituting a decision under paragraph 120(1)(c) can produce an outcome that is similar to varying the decision under paragraph 120(1)(b), merits review by the Administrative Appeals Tribunal should be available for a decision to revoke and substitute a reviewable decision.

264. Item 28 amends section 122 of the Data Availability and Transparency Act 2022 to provide for review by the Administrative Appeals Tribunal of all decisions under subsection 120(1).

Item 29

265. Paragraph 9(2)(a) of the Disability Discrimination Act 1992 refers to "the accreditation of animals trained to assist a persons with a disability to alleviate the effect of the disability". "A persons" should be "a person".

266. Item 29 corrects that error.

Items 30, 31 and 32

267. Items 30, 31 and 32 are related.

268. The Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 made consequential amendments necessary to support the Federal Circuit and Family Court of Australia Act 2021, including omitting references to the Federal Circuit Court and the Family Court of Australia and substituting those with references to the Federal Circuit and Family Court of Australia (including Divisions of that Court). However, the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 did not amend references to the Federal Circuit Court in provisions of the Export Control Act 2020.

269. Items 30, 31 and 32 amend the Export Control Act 2020 to refer to the correct title of the court.

Items 33 and 34

270. Items 33 and 34 are related.

271. Section 789GCA of the Fair Work Act 2009 appears after sections 789GCB and 789GCD. If the sections of Division 1 of Part 6-4C of the Fair Work Act 2009 appeared in numerical order, section 789GCA would appear after section 789GC and before section 789GCB.

272. Items 33 and 34 move section 789GCA so that it appears after section 789GC.

Item 35

273. Subclause 48(3) of Schedule 1 to the Fair Work Act 2009 requires the Fair Work Commission to make a determination in certain circumstances. Subclauses 48(5) and (6) of that Schedule refer to a determination "under subclause (2)". Subclause 48(2) does not provide for the making of determinations. The references to subclause (2) are incorrect.

274. Item 35 corrects those references.

Items 36 and 37

275. Items 36 and 37 are related.

276. The basic unit of Schedule 1 to the Fair Work Act 2009 is usually referred to as a clause. However, subclause 49(1) and clauses 49A and 50 of that Schedule refer to sections rather than clauses.

277. Items 36 and 37 amend subclause 49(1) and clauses 49A and 50 of Schedule 1 to the Fair Work Act 2009 to correct the references to sections of that Schedule to be references to clauses of that Schedule.

Items 38 and 40

278. Items 38 and 40 are related.

279. Paragraph (d) of the definition of authorised official in section 6, and paragraph 337BB(4)(d), of the Fair Work (Registered Organisations) Act 2009 refer to "the Director, within the meaning of subsection 4(1) of the Fair Work (Building Industry) Act 2012".

280. The Fair Work (Building Industry) Act 2012 was repealed by the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 on 2 December 2016. As such, paragraph (d) of the definition of authorised official in section 6, and paragraph 337BB(4)(d), of the Fair Work (Registered Organisations) Act 2009 are redundant.

281. Items 38 and 40 repeal the redundant paragraphs.

Item 39

282. Following the repeal of sections 154C and 154D of the Fair Work (Registered Organisations) Act 2009 on 2 May 2017 by Schedule 2 to the Fair Work (Registered Organisations) Amendment Act 2016, Subdivision BB of Division 4 of Part 2 of Chapter 5 to the Fair Work (Registered Organisations) Act 2009 no longer contains any provisions.

283. Item 39 repeals the empty Subdivision.

Items 41 to 45

284. Items 41 to 45 are related.

285. Sections 59, 61C, 71, 82 and 104 of the Family Law Act 1975 contain spelling errors. They collectively refer to "re-marriage" rather than "remarriage", "re-marrying" rather than "remarrying" and "re-marry" rather than "remarry".

286. Items 41 to 45 correct those spelling errors.

Items 46, 47 and 49

287. Items 46, 47 and 49 are related.

288. Sections 156 and 228 of the Federal Circuit and Family Court of Australia Act 2021 contain errors, as they refer to a court incorrectly as the "Federal Circuit Court and Family Court of Australia". That title is incorrect, as the Federal Circuit and Family Court of Australia Act 2021 created the Federal Circuit and Family Court of Australia.

289. Items 46, 47 and 49 correct the references in those sections to that title.

Item 48

290. Item 48 replaces the reference to section 149 of the Family Law Act 1975 in the note at the end of subsection 191(3) of the Federal Circuit and Family Court of Australia Act 2021 with a reference to section 117 of the Family Law Act 1975.

291. This amendment is to rectify an error and ensure the court is directed to the correct cost provision in the Family Law Act 1975.

Item 50

292. Subsections 39(4) and 120(3) of the Federal Safety Commissioner Act 2022 refer to the "Legislative Instruments Act 2003". Item 3 of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 renamed the Legislative Instruments Act 2003 as the Legislation Act 2003 on 5 March 2016.

293. Item 50 amends the Federal Safety Commissioner Act 2022 so that it refers to the Legislation Act 2003 by its new name.

Item 51

294. The heading to section 44 of the Foreign Influence Transparency Scheme Act 2018 contains an error as it refers to "in the register". There is no other reference in the Act to "in the register", only to "on the register".

295. Item 51 omits the non-existent concept and substitutes the correct one.

Item 52

296. The heading to section 104-42 of the Higher Education Support Act 2003 contains an error as it refers to "FEE-HELP balance". There is no other reference in the Act to "FEE-HELP balance", only to "HELP balance", which has the meaning given by section 128-15.

297. Item 52 omits the reference to the non-existent concept and substitutes a reference to the correct concept.

Item 53

298. Subsection 69A(4) of the My Health Records Act 2012 states "If the System Operator uses or discloses personal information under this section, it must make a written note of the use or disclosure." In the My Health Records Act 2012, the System Operator is not usually referred to as "it".

299. Item 53 replaces "it" in subsection 69A(4) of the My Health Records Act 2012 with an express reference to "the System Operator", for consistency with the rest of the My Health Records Act 2012.

Item 54

300. Section 7 of the National Anti-Corruption Commission Act 2022 contains definitions of expressions used in that Act. Modern drafting practice is to commence definitions with words such as "In this Act" to make it clear what the scope of the definitions is.

301. Item 54 inserts "In this Act" at the start of section 7.

Item 55

302. Paragraph (m) in the column headed "Description" in table item 4 of the table in subsection 209(8) of the National Disability Insurance Scheme Act 2013 contains a punctuation error as it doesn't end in a semicolon.

303. Item 55 corrects that punctuation error.

Item 56

304. Subsection 160(1) of the National Vocational Education and Training Regulator Act 2011 states "The Minister may, by legislative instrument, give directions to the National VET Regulator in relation to the performance of the Regulator's functions and the exercise of Regulator's powers." The word "the" is missing in this sentence.

305. Item 56 corrects that error.

Item 57

306. Paragraph 169(1)(b) of the National Vocational Education and Training Regulator Act 2011 applies "if National VET Regulator is unable to perform the duties of the Regulator's office because of physical or mental incapacity". The word "the" is missing in this paragraph.

307. Item 57 corrects that error.

Item 58

308. Subsection 171(2) of the National Vocational Education and Training Regulator Act 2011 states "The National VET Regulator may arrange with the appropriate State or Territory authority or officer of a State or Territory authority to make officers or employees available to the Regulator to perform services in connection with the performance of the Regulator's functions or the exercise of Regulator's powers." The word "the" is missing in this sentence.

309. Item 58 corrects that error.

Item 59

310. Subparagraphs 590A(3)(b)(ii) and 596A(7)(b)(ii) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 contain an error as those provisions refer to a court incorrectly as the "Federal Circuit Court". That title is incorrect, as the Federal Circuit and Family Court of Australia Act 2021 created the Federal Circuit and Family Court of Australia (including various Divisions of that Court).

311. Item 59 corrects the references in those provisions to the correct title.

Item 60

312. Subparagraph 27(1)(ba)(iii) of the Radiocommunications Act 1992 refers to a person performing a function or duty in relation to the Independent Commissioner Against Corruption of South Australia. That office was replaced on 7 October 2021 by the Independent Commission Against Corruption (see the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 (SA)).

313. Item 60 updates the reference in the Radiocommunications Act 1992 accordingly.

Item 61

314. Subsection 66(1) of the Seafarers Rehabilitation and Compensation Act 1992 is intended to be consistent with section 57 of the Safety, Rehabilitation and Compensation Act 1988. However, subsection 66(1) of the Seafarers Rehabilitation and Compensation Act 1992 contains a typographical error. Paragraph 66(1)(a) refers to a notice being given in relation to an injury to an employee and paragraph 66(1)(b) refers to a claim being made by an employee. Subsection 66(1) concludes by enabling the employer to whom "the notice of claim" is given to require the employee to undergo an examination. There is no concept of a "notice of claim" under the Act. The "of" is a typographical error, which should be an "or".

315. Item 61 corrects that error.

Item 62

316. Section 49 of the Security of Critical Infrastructure Act 2018 provides that certain provisions of that Act are enforceable under Parts 4, 6 and 7 of the Regulatory Powers (Standard Provisions) Act 2014 (the Regulatory Powers Act). Subsections 49(3A) and (3B) specify who is an authorised applicant for the purposes of Parts 6 and 7 of the Regulatory Powers Act, as it applies in relation to a civil penalty provision in the Security of Critical Infrastructure Act 2018. However, the concept of authorised applicant is not relevant to those Parts of the Regulatory Powers Act, which instead refer to an "authorised person" (see sections 112 and 119 of the Regulatory Powers Act).

317. Item 62 corrects those references to an authorised applicant.

Items 63 and 64

318. Items 63 and 64 are related.

319. The penalties in subsections 31(1) and 41(1) of the Space (Launches and Returns) Act 2018 refer to "imprisonment for 10 year or 5,500 penalty units, or both". "Year" in the penalties should be "years".

320. Items 63 and 64 correct those errors.

Items 65, 67 and 72

321. Items 65, 67 and 72 are related.

322. Paragraph 12(1)(a) and subsection 12(4) of the Sydney Airport Curfew Act 1995 refer to an international airline licence granted under the Air Navigation Regulations. The Air Navigation Regulations were repealed on 1 April 2016 by Schedule 1 to the Air Navigation Regulation 2016.

323. Items 65, 67 and 72 replace those references with references to an international airline licence granted as mentioned in subsection 12(1) of the Air Navigation Act 1920.

Items 66 and 73 and subitems 75(1) and (2)

324. Items 66 and 73 and subitems 75(1) and (2) are related.

325. Paragraph 15(4)(b) of the Sydney Airport Curfew Act 1995 refers to a noise certificate within the meaning of the Air Navigation (Aircraft Noise) Regulations. The Air Navigation (Aircraft Noise) Regulations were repealed on 1 April 2018 by Schedule 1 to the Air Navigation (Aircraft Noise-Repeal and Consequential Amendments) Regulations 2018.

326. Items 66 and 73 replace the reference to the Air Navigation (Aircraft Noise) Regulations in paragraph 15(4)(b) of the Sydney Airport Curfew Act 1995 by providing that noise certificate has the meaning given by regulations made under the Sydney Airport Curfew Act 1995.

327. Subitems 75(1) and (2) are a transitional provision that relates to the new definition of noise certificate inserted by item 66. They have the effect that, until regulations are made for the purposes of that definition, noise certificate has the same meaning in the Sydney Airport Curfew Act 1995 as it does in the Air Navigation (Aircraft Noise) Regulations 2018.

Item 68 and subitems 75(3) and (4)

328. Item 68 and subitems 75(3) and (4) are related.

329. Paragraph 12(2)(a) of the Sydney Airport Curfew Act 1995 refers to a timetable that is approved under the Air Navigation Regulations. The Air Navigation Regulations were repealed on 1 April 2016 by Schedule 1 to the Air Navigation Regulation 2016.

330. Item 68 replaces the reference to a timetable approved under the Air Navigation Regulations with a reference to a timetable prescribed by regulations made under the Sydney Airport Curfew Act 1995.

331. Subitems 75(3) and (4) are a transitional provision that relates to the amendment made by item 68. They provide that, until regulations are made for the purposes of paragraph 12(2)(a) of the Sydney Airport Curfew Act 1995, as amended by item 68, a timetable that is approved under Part 5 of the Air Navigation Regulation 2016 is taken effectively to have been prescribed for the purposes of that paragraph.

Items 69, 70 and 71

332. Items 69, 70 and 71 are related.

333. Paragraph 12(2)(c) of the Sydney Airport Curfew Act 1995 applies to a take-off or landing that occurs at or before the time on the day specified under subsection 12(3). The specified time was 5 am on 31 March 1996 (see Gazette No. GN1, 10 January 1996). As such, paragraph 12(2)(c) and subsection 12(3) of the Sydney Airport Curfew Act 1995 are spent.

334. Items 70 and 71 repeal the spent provisions.

335. Item 69 repeals a reference to spent subsection 12(3).

Item 74

336. Item 74 repeals spent subsection 15(7) of the Sydney Airport Curfew Act 1995.

337. Subsection 15(7) of the Sydney Airport Curfew Act 1995 provides that a notice in force under subregulation 6A(1) of the Air Navigation (Aerodrome Curfew) Regulations immediately before the commencement of that Act has effect after that commencement as if it were a legislative instrument made by the Minister under subsection 15(2) of that Act. That Act commenced in 1995, and the notices in force under that subregulation at that time are no longer relevant. As such, subsection 15(7) is a spent transitional provision.

Item 76

338. Item 18 of Schedule 2 to the Personal Property Securities (Consequential Amendments) Act 2009 inserted a definition of PPSA security interest in subsection 6(1) of the Trade Marks Act 1995. However, the Personal Property Securities (Consequential Amendments) Act 2009 did not amend the readers guide's list of terms defined in section 6 of the Trade Marks Act 1995 to include a reference to the new definition.

339. Item 76 makes the amendment to include the reference in the list.

Item 77

340. Item 72 of Schedule 1 to the Australian Wine and Brandy Corporation Amendment Act 2010 inserted a definition of World Trade Organization in subsection 6(1) of the Trade Marks Act 1995. However, the Australian Wine and Brandy Corporation Amendment Act 2010 did not amend the readers guide's list of terms defined in section 6 of the Trade Marks Act 1995 to include a reference to the new definition.

341. Item 77 makes the amendment to include the reference in the list.

Schedule 5 - Repeals of obsolete Acts and spent provisions

Item 1

342. Item 1 repeals the redundant Evidence Act 1905.

343. That Act is redundant as all of its provisions were repealed by the Foreign Evidence (Transitional Provisions and Consequential Amendments) Act 1994, the Evidence and Procedure (New Zealand) (Transitional Provisions and Consequential Amendments) Act 1994 and the Evidence (Transitional Provisions and Consequential Amendments) Act 1995. No operative provisions remain, so the Act is obsolete.

Item 2

344. Item 2 repeals the redundant Migration (Health Services) Charge Act 1991.

345. That Act is redundant as it imposed a charge payable in circumstances where a person applied on or after 21 August 1991 and before the commencement of the Migration (Visa Application) Charge Act 1997 for a visa or entry permit. The Migration (Visa Application) Charge Act 1997 commenced on 1 May 1997. No charge is payable any longer in respect of such applications, so the Migration (Health Services) Charge Act 1991 is obsolete.

Item 3

346. Item 3 repeals the redundant Wool International Act 1993.

347. That Act provided equity to wool growers in respect of contributions made to WoolStock Australia Limited through payment of a wool tax and gave registered equity holders a right to a share in the surplus money of WoolStock Australia Limited. WoolStock Australia Limited was the private sector owner and manager of the wool stockpile. The Act is now redundant because WoolStock Australia Limited was wound up and delisted from the Australian Stock Exchange in 2001 following a major reduction in the wool stockpile.

Item 4

348. Item 4 repeals the redundant Wool International Privatisation Act 1999.

349. That Act provided for the privatisation of the statutory authority Wool International and the creation of WoolStock Australia Limited. The privatisation process is now complete and the privatised company, WoolStock Australia Limited, ceased to exist in 2001.

Item 5

350. Item 5 is consequential to item 2 and repeals redundant paragraph 504(1)(h) of the Migration Act 1958.

351. That paragraph is redundant as it only relates to making provision for the remission, refund or waiver of charges under the Migration (Health Services) Charge Act 1991. Item 2 repeals the Migration (Health Services) Charge Act 1991.

Item 6

352. Item 6 repeals spent Part 9 of the Agricultural and Veterinary Chemicals (Administration) Act 1992.

353. Part 9 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 contains transitional provisions relating to the enactment of that Act. That Act commenced on 15 June 1993 and the transitional provisions are now spent.

Items 7, 8 and 9

354. Items 7, 8 and 9 are related.

355. Part 4 and section 22 of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994, and Schedules 1 and 2 to that Act, amended various legislation on 1 July 1994. The provisions have no further work to do and are spent.

356. Section 23 of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994, and Schedule 3 to that Act, provide for the modification of the Privacy Act 1988 to allow it to apply in relation to ACT agencies. Subsection 23(1) provides that those modifications have affect until a day fixed by or under an ACT enactment for the purposes of that subsection. Subsection 2(2) of the Information Privacy Act 2014 (ACT) fixed 1 September 2014 as that day. As such, section 23 and Schedule 3 to the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 are spent.

357. Section 27 of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994 empowers the Governor-General to make regulations. Under subsections 27(2) and (4), the periods during which the Governor-General may make regulations under subsection 27(1) have ended. As such, section 27 is spent.

358. Items 7, 8 and 9 repeal the spent provisions.

Item 10

359. Item 10 repeals redundant subsection 3AA(6) of the Health Insurance Act 1973.

360. That subsection is redundant as it only relates to applying section 5 of the Evidence Act 1905 to a determination under subsection 3AA(4) of the Health Insurance Act 1973 in the same way as that section applies to an order made by the Minister. Section 5 of the Evidence Act 1905 was repealed by the Evidence (Transitional Provisions and Consequential Amendments) Act 1995.

361. Furthermore, item 1 of this Schedule repeals the Evidence Act 1905 in its entirety.

Item 11

362. Item 11 repeals redundant Division 2 of Part 2 of the Health Insurance Commission (Reform and Separation of Functions) Act 1997.

363. Section 11 of that Division is redundant as subsection 11(5) provided that subsections 11(1), (2), (3) and (4) "cease to have effect immediately before the time specified in a declaration under subsection 34(2) (which deals with the transfer of the shares from the Commission to the Commonwealth)". A declaration under section 34 dated 1 May 1998 was published in Gazette Number 19 of 1998 on 13 May 1998 and specified 1 May 1998 as the relevant date. So, under subsection 11(5), subsections 11(1), (2), (3) and (4) ceased to have effect immediately before the start of 1 May 1998 and subsection (5) became spent at that time.

364. The other provisions of Division 2 of Part 2 of the Health Insurance Commission (Reform and Separation of Functions) Act 1997 relate to the period when the nominated company (that became Medibank Private Limited) was Commission owned. As the shares in the nominated company are no longer Commission owned but have been transferred to the Commonwealth, these provisions are now spent.

Item 12

365. Item 12 repeals redundant section 24A of the Long Service Leave (Commonwealth Employees) Act 1976.

366. That section is redundant as subsection 24A(3) of that Act provided that the section "ceases to apply on the commencement of the amendment of the definition of public authority of the Commonwealth in subsection 4(1) of this Act by the A.C.T. Self-Government (Consequential Provisions) Act 1988".

367. The relevant amendment of the definition is in Schedule 5 to the A.C.T. Self-Government (Consequential Provisions) Act 1988, which subsection 2(3) of that Act provided commenced on a day or days to be fixed by Proclamation. The Australian Capital Territory Government Service (Consequential Provisions) Act 1994 then amended the A.C.T. Self-Government (Consequential Provisions) Act 1988, providing in section 21 that the un-commenced items in Schedule 5 (including the relevant amendment of the definition of public authority of the Commonwealth) commenced immediately after the commencement of the Australian Capital Territory Government Service (Consequential Provisions) Act 1994. That commencement was 1 July 1994.

Item 13

368. Item 13 repeals spent section 144 of the Patents Act 1990.

369. Section 144 of the Patents Act 1990 has been redundant since 12 September 2019. On that date, items 1 and 3 of Schedule 4 to the Treasury Laws Amendment (2018 Measures No. 5) Act 2019 (Schedule 4) repealed subsection 51(3) of the Competition and Consumer Act 2010 and subsection 51(3) of the Competition Code set out in Schedule 1 to the Competition and Consumer Act 2010. As a result, the conditional licensing or assignment of IP rights, including patents, became subject to the whole of Part IV of the Competition and Consumer Act 2010 and the whole of the Schedule version of Part IV in the Competition Code. The application provision inserted by item 2 of Schedule 4 ensures that the repeal applies to all licences, assignments, contracts, arrangements or understandings.

Items 14 and 15

370. Items 14 and 15 are related.

371. Section 146 of the Patents Act 1990 provides that nothing in Chapter 14 of that Act:

(a)

affects a condition in a contract that prohibits a person from selling products other than those of a particular person; or

(b)

validates a contract that would otherwise be invalid; or

(c)

affects a right to terminate a contract, or to terminate a condition of a contract, being a condition exercisable independently of that section; or

(d)

affects a condition in a contract for the lease of, or a licence to exploit, a patented product, that reserves to the lessor or licensor the right to supply new parts of the patented product that are required to put or keep it in repair.

372. The only provision of Chapter 14 that could have the effects mentioned in paragraphs 146(a), (b) and (d) is section 144, which is being repealed by item 13 of this Schedule.

373. Item 15 repeals those paragraphs as a consequence of the repeal of section 144.

374. As a result of the repeal of section 144 and paragraphs 146(a), (b) and (d), the only remaining provisions of Chapter 14 are section 145 and paragraph 146(c). Item 14 combines existing paragraph 146(c) with subsection 145(2), to improve readability, with the following additional changes:

(a)

the reference in existing paragraph 146(c) to "this section" is a mistake, which new paragraph 145(2)(b) does not replicate;

(b)

paragraph 146(c) refers to a condition of a contract. Conditions of contracts are dealt with by section 144, which is being repealed by item 13. As such, new paragraph 145(2)(b) does not refer to conditions of contracts.

Item 16

375. Item 16 repeals redundant paragraph 36(4)(b) of the Privacy Act 1988.

376. Paragraph 36(4)(b) of the Privacy Act 1988 refers to "members of the staff of the Ombudsman who have had powers of the Commissioner delegated to them under section 99". Section 99 of the Privacy Act 1988 was repealed by item 56 of Schedule 5 to the Freedom of Information Amendment (Reform) Act 2010 on 1 November 2010, making paragraph 36(4)(b) redundant.

Item 17

377. Item 17 repeals spent paragraph 8(8)(e) of the Social Security Act 1991.

378. Subsection 8(8) of the Social Security Act 1991 provides that specified payments are not income for the purposes of that Act. Paragraph 8(8)(e) specifies a payment under the Handicapped Persons Assistance Act 1974. The Handicapped Persons Assistance Act 1974 was repealed on 16 December 2015 by the Human Services and Health Legislation Amendment Act (No. 3) 1995. As such, paragraph 8(8)(e) is now spent.

Items 18, 19, 20 and 21

379. Items 18, 19, 20 and 21 are related.

380. Division 12A of Part 2.13A of the Social Security Act 1991 relates to qualification for an education entry payment for certain recipients of youth allowance. Under section 665ZXC of that Act, that Division ceased to have effect on 30 June 2010.

381. Division 14 of that Act relates to education entry payment supplement. Under section 665ZZE of that Act, that Division ceased to have effect on 30 June 2010.

382. Item 18 repeals the spent Divisions.

383. Items 19 and 20 are consequential to the repeal of section 665ZZA of the Social Security Act 1991 made by item 18.

384. Item 21 is an application provision for the amendment made by item 20.

Items 22 and 23

385. Items 22 and 23 are related.

386. Subsection 53(3) of the Special Broadcasting Service Act 1991 provides that section 53 is taken to have been repealed by another Act on the day that is fixed by Proclamation for the commencement of section 54. The Governor-General fixed 24 March 1994 as the day on which section 54 commenced (see Gazette GN 10, 16 March 1994). As such, section 53 no longer has effect.

387. Item 22 repeals redundant section 53 of the Special Broadcasting Service Act 1991.

388. Item 23 is consequential to the repeal of section 53 of the Special Broadcasting Service Act 1991 made by item 22.

Item 24

389. Item 24 repeals redundant section 11B of the Trade Representatives Act 1933.

390. That section is redundant as it only relates to ensuring that, for the purposes of section 5 of the Evidence Act 1905, a determination shall be deemed to be an order made by a Minister. Section 5 of the Evidence Act 1995 was repealed by the Evidence (Transitional Provisions and Consequential Amendments) Act 1995.

391. Furthermore, item 1 of this Schedule repeals the Evidence Act 1905 in its entirety.

Item 25

392. Item 25 repeals spent paragraph 5H(8)(l) of the Veterans' Entitlements Act 1986.

393. Subsection 5H(8) of the Veterans' Entitlements Act 1986 provides that specified payments are not income for the purposes of that Act. Paragraph 5H(8)(l) specifies a payment under the Handicapped Persons Assistance Act 1974. The Handicapped Persons Assistance Act 1974 was repealed on 16 December 2015 by the Human Services and Health Legislation Amendment Act (No. 3) 1995. As such, paragraph 5H(8)(l) is now spent.

Schedule 6 - Amendments of amending Acts

Item 1

394. Subitem 169(2) of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 states "On and after the commencement this Schedule, ..." The word "of" is missing.

395. Item 1 inserts the missing word.

Item 2

396. Item 110 of Schedule 1 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 purported to repeal and substitute subparagraph 95(3)(a)(iia) of the A New Tax System (Family Assistance) (Administration) Act 1999 on 2 July 2018. That subparagraph had been repealed on 1 January 2017 by the Budget Savings (Omnibus) Act 2016.

397. Item 2 repeals the redundant item.

Item 3

398. Item 11 of Schedule 4 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 purported to amend paragraph 57(3)(b) of the Migration Act 1958 on 18 April 2015. That paragraph had been repealed on 1 January 2015 by the Migration Legislation Amendment Act (No. 1) 2014.

399. Item 3 repeals the redundant item.

Item 4

400. Item 21 of Schedule 2 to the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 purported to amend paragraph 549E(a) of the Social Security Act 1991 by omitting "on or after 1 January 1993". These words do not appear in paragraph 549E(a), making the amendment misdescribed.

401. Item 4 repeals the misdescribed amendment.