Revised Explanatory Memorandum
(Circulated by the authority of the Attorney-General, the Honourable Philip Ruddock MP)Schedule 1 - Amendment of Principal Acts
6. Item 1 changes the numbering of the final paragraph in Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 to correct the order of the paragraphs, so that paragraph (z) becomes paragraph (zb) which appears after existing paragraph (za).
7. Item 2 alters the heading of a Subdivision of the Aged Care Act 1997 so that a hyphen appears in "57-B" and correctly reflects the numbering style that is otherwise used throughout the Act.
8. Item 3 removes an asterisk after "means:" in the definition of relinquish in clause 1 of Schedule 1 of the Aged Care Act 1997. This corrects a typographical error.
9. Item 4 inserts a section heading after subsection 20(2) of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. The section heading was overlooked in prior amendment of the Act.
10. Item 5 replaces "or or" (twice occurring) with "or" in subsection 99(3) of the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994. This corrects a typographical error.
11. Item 6 renumbers the first occurring paragraph 7(ha) to paragraph 7(haa) in Schedule 3 of the A New Tax System (Family Assistance) Act 1999. This corrects the numbering of this paragraph.
12. Item 7 removes the incorrect duplication of the word "sporting" in paragraph 67A(b) of the Australian Sports Drug Agency Act 1990.
13. Item 8 repeals and remakes subparagraph (b)(ii) of the definition of State or Territory participating agency in subsection 15XA(1) of the Crimes Act 1914 so that a reference to the Queensland Criminal Justice Commission established by the Criminal Justice Act 1989 of Queensland is replaced with a reference to the Crime and Misconduct Commission of Queensland. The Queensland Criminal Justice Commission no longer exists and has been succeeded by the Crime and Misconduct Commission of Queensland. This item removes reference to a body that no longer exists and substitutes a reference to the body that succeeded it.
14. Item 9 repeals subparagraph (b)(iii) of the definition of State or Territory participating agency in subsection 15XA(1) of the Crimes Act 1914. This subparagraph referred to the Western Australian Anti-Corruption Commission established by the Anti-Corruption Act 1988 of Western Australia. The Western Australian Anti-Corruption Commission no longer exists. This item removes reference to a body that no longer exists.
15. Item 10 repeals subparagraph (c)(ii) of the definition of State or Territory participating agency in subsection 15XA(1) of the Crimes Act 1914 which makes reference to the Queensland Crime Commission established by the Crime Commission Act 1997 of Queensland. The Queensland Crime Commission no longer exists. This item removes a reference to a body that no longer exists.
16. Item 11 replaces an incorrect cross-reference in subsection 23YUF(2B) of the Crimes Act 1914 to paragraph (1)(b) with a reference to paragraph (2A)(b).
17. Item 12 replaces an incorrect cross-reference in subparagraph 400.2(2)(b)(ii) of the Criminal Code Act 1995 to paragraph 51(xx) of the Constitution (which deals with foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth) with the correct reference, which is to paragraph 51(v) (which deals with postal, telegraphic, telephonic, and other like services).
18. Item 13 replaces a full stop with a semi-colon at the end of paragraph 11(6)(a) of the Electronic Transactions Act 1999. This corrects the punctuation at the end of the paragraph.
19. Item 14 corrects the citation of the Evidence Act 1995 (NSW) in the introductory note to Chapter 1 of the Commonwealth Evidence Act 1995. This is not an amendment to a provision of the Commonwealth Evidence Act but a change to the explanation of legislation which is related to that Act.
20. Item 15 corrects the citation of the Proceeds of Crime Act 1987 in subparagraph 16(1)(b)(iii) of the Financial Transaction Reports Act 1988.
21. Item 16 repeals paragraphs 27(1B)(b) and (c) of the Financial Transaction Reports Act 1988 which refer to two bodies: the Anti-Corruption Commission of Western Australia and the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer. This was done as these two bodies no longer exist. This item substitutes a new paragraph 27(1B)(b) which refers to the Corruption and Crime Commission of Western Australia; the successor of these two bodies.
22. Item 17 repeals paragraphs 27(16)(i) and (j) of the Financial Transaction Reports Act 1988 which refer to the Anti-Corruption Commission of Western Australia and the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer. This was done as these two bodies no longer exist.
23. Item 18 repeals paragraphs 27(17)(v) and (w) of the Financial Transaction Reports Act 1988 which refer to the Crime Commissioner, or an Assistant Crime Commissioner, of the Queensland Crime Commission, and, a member of the staff of that Commission. This was done as the Queensland Crime Commission no longer exists.
24. Item 19 repeals paragraphs 27(17)(x) and (y) of the Financial Transaction Reports Act 1988 which refer to a member and a member of the staff of the Anti-Corruption Commission of Western Australia, and a member of the staff and a person constituting the Royal Commission (appointed by the Governor of Western Australia on 12 December 2001) into whether since 1 January 1985 there has been corrupt conduct or criminal conduct by any Western Australian police officer. This item substitutes new paragraphs 27(17)(x) and (y) which refer to the Commissioner of the Corruption and Crime Commission of Western Australia and a member of the staff of the Corruption and Crime Commission of Western Australia. This was done to remove references to members of, or employees of, bodies that no longer exist and to substitute references to members and employees of the body that succeeded these bodies.
25. Item 20 repeals paragraph 27(17)(z) of the Financial Transaction Reports Act 1988 which refers to an officer of the Corruption and Crime Commission of Western Australia (within the meaning of the Corruption and Crime Commission Act 2003 of Western Australia). This was done as the Corruption and Crime Commission of Western Australia no longer exists.
26. Item 21 inserts a comma between "holder of a fishing concession" and "scientific permit" in paragraph 95(1)(e) of the Fisheries Management Act 1991 to correct the punctuation in this paragraph.
27. Item 22 repeals the heading to Subdivision D of Division 6 of Part 6 of the Fisheries Management Act 1991. This is done because the heading was inadvertently left in the Principal Act when item 208 of Schedule 2 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 repealed the only section in that Subdivision.
28. Item 23 corrects a spelling mistake and changes "Commonweath" to "Commonwealth" in subsection 113(1) of the Fisheries Management Act 1991.
29. Item 24 corrects a spelling mistake and changes "menioned" to "mentioned" in paragraph 166(7)(b) of the Fisheries Management Act 1991.
30. Item 25 changes "AMFA" to "AFMA" in subsection 167(1A) of the Fisheries Management Act 1991. AFMA is the Australian Fisheries Management Authority. This item corrects a typographical error.
31. Item 26 corrects a spelling mistake and changes "imposd" to "imposed" in paragraph 31(j) of the Human Rights and Equal Opportunity Commission Act 1986.
32. Item 27 repeals and remakes subsection 52(1) of the Insurance Act 1973. That subsection was amended by item 36 of Schedule 1 of the General Insurance Reform Act 2001 and by item 29 of Schedule 2 of the Financial Sector (Collection of Data-Consequential and Transitional Provisions) Act 2001. Because the amendments were expressed to commence at the same time and because their simultaneous commencement might lead to an undesirable interaction, the subsection has been restated to achieve the intended effect of both amending provisions while avoiding that interaction.
33. Item 28 rearranges the definitions in section 2 of the Judiciary Act 1903 into alphabetical order.
34. Item 29 changes the numbering of the first occurring section 230E in the Life Insurance Act 1995 to section 203E. This item removes the duplication of two sections being numbered as section 230E.
35. Item 30 repeals subparagraph 206(1)(d)(v) of the Native Title Act 1993. This subparagraph refers to the duty of the Parliamentary Joint Committee in relation to the operation of the National Aboriginal and Torres Strait Islander Land Fund established by Part 10 of the Act. Part 10 of the Act was repealed pursuant to the Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995. This item removes a subparagraph made redundant by the repeal of Part 10 of the Native Title Act 1993.
36. Item 31 removes a reference to "this Division" and replaces it with a reference to "this Part" in subsection 70(4) of the Patents Act 1990. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
37. Item 32 removes a reference to "this Division" and replaces it with a reference to "this Part" in section 79A of the Patents Act 1990. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
38. Item 33 removes a reference to "Division 2 of" in subsection 83(2) of the Patents Act 1990. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
39. Item 34 removes a reference to "that Division" in subsection 83(2) of the Patents Act 1990 and substitutes it with a reference to "that Part". This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
40. Item 35 removes a reference to "Division 2 of" in subsection 83(3) of the Patents Act 1990. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
41. Item 36 removes a reference to "Division 2 of" in paragraph 83(4)(a) of the Patents Act 1990. This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
42. Item 37 removes a reference to "that Division" in paragraph 83(4)(b) of the Patents Act 1990 and substitutes it with a reference to "that Part". This item corrects a reference made incorrect by the repeal of Divisions within Part 3 by the Patents Amendment (Innovation Patents) Act 2000.
43. Item 38 repeals and remakes paragraph (l) of the definition of enforcement body in subsection 6(1) of the Privacy Act 1988 so that a reference to the Criminal Justice Commission of Queensland is replaced with a reference to the Crime and Misconduct Commission of Queensland. The Criminal Justice Commission of Queensland no longer exists. This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.
44. Item 39 inserts the word "treatment" after "the assisted reproductive technology" in paragraph (a) of the definition of excess ART embryo in subsection 8(1) of the Prohibition of Human Cloning Act 2002. This corrects a misstatement of a defined expression.
45. Item 40 repeals paragraph 8(8)(zca) of the Social Security Act 1991. This item repeals a paragraph made redundant by amendment of the Student and Youth Assistance Act 1973.
46. Item 41 repeals the definition of activity test breach in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
47. Item 42 repeals the definition of activity test breach rate reduction period in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
48. Item 43 repeals the definition of activity test non-payment period in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
49. Item 44 repeals the definition of administrative breach rate reduction period in subsection 23(1) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
50. Item 45 corrects the reference to the Student and Youth Assistance Act 1973 in the definition of educational institution in subsection 23(1) of the Social Security Act 1991 and changes it to the Student Assistance Act 1973.
51. Item 46 repeals paragraph (l) of the definition of newly arrived resident's waiting period in subsection 23(1) of in the Social Security Act 1991. The definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
52. Item 47 repeals paragraph (ba) of the definition of ordinary waiting period in subsection 23(1) of the Social Security Act 1991. Paragraph (ba) referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973.
53. Item 48 repeals the definition of student assistance benefit in subsection 23(1) of the Social Security Act 1991. The definition referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973.
54. Item 49 repeals paragraphs (fc) and (fe) of the definition of waiting period in subsection 23(1) of the Social Security Act 1991. These paragraphs referred to the Student and Youth Assistance Act 1973 and have been made redundant by amendments made to the Student and Youth Assistance Act 1973.
55. Item 50 repeals the definition of Youth Training Activity Agreement in subsection 23(1) of the Social Security Act 1991. The definition referred to the Student and Youth Assistance Act 1973 and has been made redundant by amendments made to the Student and Youth Assistance Act 1973.
56. Item 51 corrects a reference to the Student and Youth Assistance Act 1973 in the definition of youth training allowance in subsection 23(1) of the Social Security Act 1991 and changes it to a reference to the Student Assistance Act 1973.
57. Item 52 repeals and remakes subparagraph 38B(6)(a)(ii) of the Social Security Act 1991. This subparagraph made reference to the Student and Youth Assistance Act 1973 and this item amends the subparagraph to reflect amendment of the Student and Youth Assistance Act 1973.
58. Item 53 repeals the definition of approved full-time unpaid voluntary work in subsection 542F(3) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
59. Item 54 repeals the definition of approved organisation in subsection 542F(3) of the Social Security Act 1991 and substitutes a new definition for that expression. The previous definition referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, reference to provisions of the Student and Youth Assistance Act 1973 in the definition became redundant from 1 July 1998 but the definitions were not recast at the time to remove them.
60. Item 55 corrects the reference to the Student and Youth Assistance Act 1973 in subparagraph 546(1)(c)(ii) of the Social Security Act 1991 and changes it to the Student Assistance Act 1973.
61. Item 56 removes "or" from the end of paragraph 549A(2)(d) of the Social Security Act 1991 so that a semi-colon now appears at the end of the paragraph.
62. Item 57 repeals paragraph 549A(2)(e) of the Social Security Act 1991. This paragraph referred to the Student and Youth Assistance Act 1973 and was made redundant by amendments made to the Student and Youth Assistance Act 1973.
63. Item 58 repeals and remakes paragraph 549D(3)(a) of the Social Security Act 1991. This paragraph previously referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, references to the provisions of the Student and Youth Assistance Act 1973 in the paragraph became redundant from 1 July 1998 but the paragraphs were not recast at the time to remove them.
64. Item 59 repeals and remakes paragraphs 549D(4)(a) and (b) of the Social Security Act 1991. These paragraphs previously referred to provisions of the Student and Youth Assistance Act 1973. As a result of amendments made by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, references to the provisions of the Student and Youth Assistance Act 1973 in each paragraph became redundant from 1 July 1998 but the paragraphs were not recast at the time to remove them.
65. Item 60 removes the note to subsection 550A of the Social Security Act 1991. The note made reference to the Student and Youth Assistance Act 1973 and is no longer required as a result of amendments made to the Student and Youth Assistance Act 1973.
66. Item 61 relocates section 660LG of the Social Security Act 1991 so that it appears after section 660LF in Subdivision AA of Division 9 in Part 2.12 of the Social Security Act 1991 rather than after section 653A in Subdivision AA of Division 4 in Part 2.12 of the Act.
67. Item 62 corrects a reference to the Student and Youth Assistance Act 1973 in subsection 1228(2A) of the Social Security Act 1991 and changes it to a reference to the Student Assistance Act 1973.
68. Item 63 corrects a reference to the Student and Youth Assistance Act 1973 in paragraph 1234A(1)(a) of the Social Security Act 1991 and changes it to a reference to the Student Assistance Act 1973 as in force before 1 July 1998.
69. Item 64 replaces a reference to the Chairman of the Queensland Criminal Justice Commission in paragraph (dad) of the definition of head in subsection 2(1) of the Taxation Administration Act 1953, with a reference to the Chairperson of the Crime and Misconduct Commission. The Queensland Criminal Justice Commission no longer exists and has been succeeded by the Crime and Misconduct Commission of Queensland. This item removes reference to a body that no longer exists and substitutes a reference to the body that succeeded it.
70. Item 65 repeals a reference to the Crime Commissioner of the Queensland Crime Commission appointed under the Crime Commission Act 1997 of Queensland contained in paragraph (daf) of the definition of head in subsection 2(1) of the Taxation Administration Act 1953. The Queensland Crime Commission no longer exists. This item removes reference to a body that no longer exists.
71. Item 66 repeals the definition of Anti-Corruption Commission contained in subsection 5(1) of the Telecommunications (Interception) Act 1979. The Anti-Corruption Commission of Western Australia no longer exists. This item repeals the definition of a body that no longer exists.
72. Item 67 repeals the definition of Anti-Corruption Commission Act contained in subsection 5(1) of the Telecommunications (Interception) Act 1979. The Anti-Corruption Commission of Western Australia no longer exists. This item repeals a redundant definition.
73. Item 68 repeals paragraph (h) of the definition of certifying officer in subsection 5(1) of the Telecommunications (Interception) Act 1979 to remove references to members and employees of the Anti-Corruption Commission of Western Australia. The Anti-Corruption Commission of Western Australia no longer exists. This item removes a reference to members of, or employees of, a body that no longer exists.
74. Item 69 repeals paragraph (i) and (j) of the definition of chief officer in subsection 5(1) of the Telecommunications (Interception) Act 1979 to remove references to the chairman of the Anti-Corruption Commission and the person constituting the Royal Commission into Police Corruption. The Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption no longer exist. This item removes references to members of, or constituting, bodies that no longer exist.
75. Item 70 removes references to the Anti-Corruption Commission and the Royal Commission into Police Corruption in paragraph (d) of the definition of eligible authority in subsection 5(1) of the Telecommunications (Interception) Act 1979. The Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption no longer exist. This item removes references to bodies that no longer exist.
76. Item 71 repeals the definition of member of the Anti-Corruption Commission in subsection 5(1) of the Telecommunications (Interception) Act 1979. The Anti-Corruption Commission of Western Australia no longer exists. This item repeals a redundant definition.
77. Item 72 repeals the definition of member of the staff of the Anti-Corruption Commission in subsection 5(1) of the Telecommunications (Interception) Act 1979. The Anti-Corruption Commission of Western Australia no longer exists. This item repeals a redundant definition.
78. Item 73 repeals paragraphs (i) and (j) of the definition of officer in subsection 5(1) of the Telecommunications (Interception) Act 1979. These paragraphs referred to the Western Australia Anti-Corruption Commission and the Royal Commission into Police Corruption. Both of these bodies no longer exist. This item removes references to members of, or employees of, bodies that no longer exist.
79. Item 74 repeals paragraph (f) of the definition of permitted purpose in subsection 5(1) of the Telecommunications (Interception) Act 1979. This paragraph referred to the Anti-Corruption Commission of Western Australia which no longer exists. This item removes a reference to purposes in respect of a body that no longer exists.
80. Item 75 repeals paragraphs (g) and (h) of the definition of prescribed investigation in subsection 5(1) of the Telecommunications (Interception) Act 1979. These paragraphs referred to investigations of the Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption. These two bodies no longer exist. This item removes references to investigations by bodies that no longer exist.
81. Item 76 repeals paragraphs (i) and (j) of the definition of relevant offence in subsection 5(1) of the Telecommunications (Interception) Act 1979. These paragraphs referred to the Anti-Corruption Commission of Western Australia and the Royal Commission into Police Corruption. These two bodies no longer exist. This item removes references to offences associated with investigations conducted by bodies that no longer exist.
82. Item 77 repeals the definition of Royal Commission into Police Corruption in subsection 5(1) of the Telecommunications (Interception) Act 1979. The Royal Commission into Police Corruption no longer exists. This item repeals a redundant definition.
83. Item 78 repeals paragraph 5B(i) of the Telecommunications (Interception) Act 1979. This paragraph referred to a proceeding of the Royal Commission into Police Corruption which no longer exists. This item removes a reference to proceedings conducted by a body that no longer exists.
84. Item 79 repeals subparagraphs 6A(1)(c)(viii) and (ix) of the Telecommunications (Interception) Act 1979. These paragraphs referred to the Western Australian Anti-Corruption Commission and the Royal Commission into Police Corruption. These two bodies no longer exist. This item removes references to investigations of offences by bodies that no longer exist.
85. Item 80 removes references to the Anti-Corruption Commission and the Royal Commission into Police Corruption of Western Australia in paragraph 6L(2)(d) of the Telecommunications (Interception) Act 1979. Western Australia's Anti-Corruption Commission and Royal Commission into Police Corruption no longer exist. This item removes references to bodies that no longer exist.
86. Item 81 repeals paragraph 39(2)(h) of the Telecommunications (Interception) Act 1979. This paragraph referred to the Anti-Corruption Commission. The Anti-Corruption Commission of Western Australia no longer exists. This item removes reference to a body that no longer exists.
87. Item 82 repeals paragraphs 68(g) and (i) of the Telecommunications (Interception) Act 1979. These paragraphs referred to the Anti-Corruption Commission and the Royal Commission into Police Corruption. These bodies no longer exist. This item removes references to information obtained by bodies that no longer exist.
88. Item 83 renumbers subclause 10(2A) of Schedule 5 to the Veterans' Entitlements Act 1986 to subclause 10(2B). This corrects a numbering error by which two clauses were numbered as subclause 10(2A).
89. Item 84 replaces "first period of employment" with "first period of employment" in paragraph 170CBA(3A)(a) of the Workplace Relations Act 1996. This item alters the presentation style of defined words to bold type so that it correctly reflects the style that is otherwise used throughout the Act.
90. Item 85 replaces "second period of employment" with "second period of employment" in paragraph 170CBA(3A)(c) of the Workplace Relations Act 1996. This item alters the presentation style of defined words to bold type so that it correctly reflects the style that is otherwise used throughout the Act.
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