Acts Interpretation Act 1901

PART 5 - GENERAL INTERPRETATION RULES  

SECTION 19B   MACHINERY OF GOVERNMENT - SUBSTITUTED REFERENCE ORDERS  

Scope

19B(1)  


This section applies if:


(a) a provision of an Act refers to an authority (see subsection (7)); and


(b) any of the following happens:


(i) the authority is abolished;

(ii) the name or title of the authority is changed;

(iii) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;

(iv) the reference to the authority becomes no longer appropriate for any other reason.
Substituted reference orders - Ministers, Departments, Agencies and offices

19B(2)  


The Governor-General may make a substituted reference order directing that the provision is to have effect for all purposes, on and after a day specified in the order:


(a) as if there were substituted, for the reference to the authority mentioned in subsection (1), a reference to another specified authority (or authorities); or


(b) as if, in so far as the provision applies in a particular respect specified in the order, there were substituted, for the reference to the authority mentioned in subsection (1), a reference to another specified authority (or authorities).

Note:

A substituted reference order may be amended or revoked in the same way as it is made (see subsection 33(3) ).

19B(3)  


The day specified in the order (as the day on and after which the order is to have effect) may be a day before the order is made.

19B(4)  
A substituted reference order has effect according to its terms.

Note:

The order has effect for the purpose of the making of any subsequent order under this section.

19B(5)  
A substituted reference order is a legislative instrument. Authority abolished and another established with the same name

19B(6)  
A substituted reference order must not be made only because an authority is abolished, and, immediately after its abolition, another authority of the same type, with the same name, is established.

Note:

However, a substituted reference order may be made if either of the following happens in relation to the authority:


(a) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order (see subparagraph (1)(b)(iii));


(b) a reference to the authority becomes no longer appropriate for any other reason (see subparagraph (1)(b)(iv)).
Definition of authority

19B(7)  
In this section:

authority
means any of the following:


(a) a Minister;


(b) a Department of State of the Commonwealth;


(c) any other Agency within the meaning of the Public Service Act 1999 ;


(d) an office (including an APS employee ' s office and any other appointment or position), or the holder of an office.

Note:

Offices are offices in and for the Commonwealth (see section 21 ). An example is the office of Secretary of a Department of State.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.