Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Notes on clauses
Clause 1: Short title
This clause sets out the short title by which this Act may be cited.
Clause 2: Commencement
This clause provides that the sections 1, 2 and 3, Item 3 of Schedule 1 and Schedule 2 commence on the day on which this Act receives the Royal Assent.
Item 1 of Schedule 1 commences on the day this Act receives the Royal Assent unless the Criminal Code Amendment (Espionage and Related Offences) Act 2002 or the Security Legislation Amendment (Terrorism) Act 2002 receive the Royal Assent the day before this Act, in which case it does not commence at all.
Item 2 of Schedule 1 commences on the day after this Act receives the Royal Assent unless the Security Legislation Amendment (Terrorism) Act 2002 receives the Royal Assent the day before this Act, in which case it does not commence at all.
The contingent commencement clauses for Items 1 and 2 of Schedule 1 are necessary to ensure that the same Chapter and Part headings and preliminary provisions are not inserted by more than one Act. For example, this Act, the Criminal Code Amendment (Espionage and Related Offences) Act 2002 and the Security Legislation Amendment (Terrorism) Act 2002 each contain an item inserting the heading Chapter 5 into the Criminal Code. However, only the first of the three Acts to receive the Royal Assent would actually insert the heading Chapter 5. The other two Acts would simply insert provisions into the newly created Chapter.
The clause also provides that Schedule 3 commences on a day to be fixed by Proclamation. However, if the provisions of Schedule 3 do not commence within the period of 6 months beginning on the day which it receives the Royal Assent, the provisions commence on the first day after the end of that period. This will allow time to make the regulations necessary to give effect to the provisions in the Schedule.
Clause 3: Schedule(s)
This clause provides that each Act that is specified in a Schedule is amended or repealed as set out in that Schedule.
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