ACTS INTERPRETATION ACT 1901
If a provision of an Act refers to a Minister, the following table provides which Minister the provision refers to in relation to a particular matter (the relevant matter ) on a particular day (the relevant day ).
|References to Ministers in Acts|
|If the provision [mldr ]||then the Minister referred to is [mldr ]|
|1||refers to a Minister by using the expression " the Minister " , without identifying the Minister||the Minister, or any of the Ministers, administering the provision on the relevant day, in relation to the relevant matter.|
|2||refers to a Minister by reference to the fact that the Minister administers any of the following laws:||the Minister, or any of the Ministers, administering that law on the relevant day, in relation to the relevant matter.|
|(a)||the Act, that provision or another provision of the Act;|
|(b)||another Act, or a provision of another Act|
|3||refers to a Minister by title (for example, " the Attorney-General " or " the Minister for Industry " ), even if that title no longer exists||(a)||if, at the time the provision commenced, or the reference to the Minister was inserted, the Minister referred to by title administered the provision - the Minister, or any of the Ministers, identified by item 1; or|
|(b)||if paragraph (a) does not apply - the Minister currently identified by the title, or by a substituted reference order under section 19B ; or|
|(c)||in any case - any other Minister administering the Department of State of the Commonwealth that deals with the matters for which the Minister mentioned in paragraph (a) or (b) (as the case may be) is responsible on the relevant day.|
|4||refers to a Minister by describing a matter for which the Minister is responsible (for example, " the Minister responsible for the environment " )||the Minister, or any of the Ministers, administering the Department of State of the Commonwealth that deals with the relevant matter on the relevant day.|
Instruments including the following, as in force on the relevant day, or any earlier day, may be used to work out which Minister (or Ministers) is referred to under subsection (1):
(a) an Administrative Arrangements Order;
(b) a substituted reference order under section 19B .
Substituted reference orders under section 19B may have effect in relation to days before the orders are made.19(3)
To avoid doubt, if, because of this section, a provision of an Act is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers. Acting Ministers 19(4)
If a provision of an Act refers to a Minister, the reference is taken to include a reference to a Minister or member of the Executive Council for the time being acting for or on behalf of the Minister.
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