House of Representatives

Statute Law (Miscellaneous Provisions) Bill (No. 1) 1985

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Lionel Bowen, M.P.)

Editor's note:

pages 5 to 13 incl., the first four paragraphs on page 14, pages 15 to 92 incl., the first paragraph on page 93, and page 94 to end have been removed as they describe amendments to legislation that are not specifically tax-related.

STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO. 1) 1985

General Outline

The amendments made by this Bill have a number of purposes such as the tidying up, correction or up-dating of legislation. Other amendments implement changes that are of minor policy significance or are of a routine administrative nature.

The Bill amends a significant number of Acts by removing provisions relating to the rights of Commonwealth public servants appointed to Commonwealth statutory offices or employed by Commonwealth authorities. These provisions have been rendered redundant by the repeal on 15 March 1981 of the Officers' Rights Declaration Act 1928 and by the insertion of detailed provisions in Part IV of the Public Service Act 1922 relating to the rights of officers holding public offices or employed by public authorities. Because of the terms of section 3 of the Officers' Rights Declaration Act 1928 it had been necessary to include these provisions in the statutory authority legislation to preserve the rights of Commonwealth public servants who were appointed to Commonwealth statutory offices or were employed by Commonwealth authorities. Those rights are now preserved by section 87TA of the Public Service Act 1922. The notes on clauses in Schedule 1 refer to the repeal of the redundant provisions as being an amendment consequential to the repeal of the Officers' Rights Declaration Act 1928.

Administrative changes to the Public Service were made in the Administrative Arrangements Order Gazetted on 13 December 1984 No.S521. The changes included renaming of departments, the creation of a new department and the transfer of functions between departments. A number of amendments have been included in the Bill as a consequence of these changes to the machinery of Government.

Notes on Clauses

Clause 1: Short Title

Formal

Clause 2: Commencement

Sub-clause 2(2) provides that clauses 1, 2 and 13 shall come into operation on receiving Royal Assent. Special provision for the commencement of some or all of the amendments to specified Acts contained in Schedule 1 is made by sub-clauses 2(3) to 2(50). Reference to a special commencement provision is made in notes on the relevant provision(s). In the absence of any special commencement provisions the amendments will come into force on the twenty-eighth day after Royal Assent.

Clause 3: Amendment of Acts

This clause provides that the Acts specified in Schedule 1 are amended as set out in that Schedule.

Clause 4: Repeal of Acts

This clause provides that the Acts specified in Schedule 2 are repealed.

Clause 5: Transitional Provisions Relating to the Australian Citizenship Act 1948

Clause 6: Transitional Provisions Relating to the Australian Institute of Marine Science Act 1972

Clause 7: Transitional Provisions Relating to the Defence Force Discipline Act 1982

Clause 8: Transitional Provisions Relating to the Federal Court of Australia Act 1976

Clause 9: Transitional Provisions Relating to the Health Insurance Act 1973

Clause 10: Transitional Provisions Relating to the Judiciary Act 1903

Clause 11: Transitional Provisions Relating to the Law Reform Commission Act 1973

Clause 12: Transitional Provisions Relating to the Management and Investment Companies Act 1983

Clause 13: Transitional Provisions Relating to the National Gallery Act 1975

Clause 14: Transitional Provisions Relating to the Patents Act 1962

Clause 15: Transitional Provisions Relating to the Sales Tax (Exemptions and Classifications) Act 1935

Clause 16: Transitional Provisions Relating to the Sex Discrimination Act 1984

Reference to the transitional provisions in clauses 5 to 16 is made in notes on the proposed amendment of the relevant Acts in Schedule 1.

SCHEDULE 1

Amendment of Acts

Amendment of the Aboriginal Development Commission Act 1980

This amendment is consequential to the repeal of the Officers' Rights Declaration Act 1928

Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976

This amendment is consequential to the repeal of the Officers' Rights Declaration Act 1928.

Amendment of the Administrative Appeals Tribunal Act 1975

The proposed amendments are formal and drafting changes to reflect current drafting practice. The amendment of paragraph 49(1)(c) is consequential to the proposed change of name from Chairman to President of the Law Reform Commission.

Amendment of the Administrative Decisions (Judicial Review) Act 1977

The proposed amendment to paragraph (o) of Schedule 1 to the Act deletes the reference to decisions under the Criminal Investigation Act 1982. The proposed amendment is necessary because the Criminal Investigation Bill 1982 was not passed by the Parliament.

(Editor's note: pages 5 to 13 incl., and the first three paragraphs of page 14 have been removed as they describe amendments to legislation that are not specifically tax-related).

Amendment of the Bank Account Debits Tax Administration Act 1982

The amendment effects a drafting correction.

By virtue of sub-clause 2(8) this amendment shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

(Editor's note: pages 15 to 92 incl., and the first paragraph of page 93 have been removed as they describe amendments to legislation that are not specifically tax-related).

Amendment of the Taxation Administration Act 1953

The proposed amendments are formal and drafting changes to reflect current drafting practice.

By virtue of sub-clause 2(45) the proposed amendments of sections 8J and 8Z shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

Amendment of the Taxation Laws Amendment Act 1984

The proposed amendments implement formal and drafting changes and the correction of an error.

By virtue of sub-clause 2(46) the proposed amendments shall be deemed to have come into operation immediately after the commencement of section 1 the Taxation Laws Amendment Act 1984.

Amendment of the Tobacco Charges Assessment Act 1955

The amendments implement drafting changes in accordance with current drafting practice. By virtue of sub-clause 2(47) the amendments shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

(Editor's note: the rest of this document (from page 94 to end incl.) have been removed as they describe amendments to legislation that are not specifically tax-related).