House of Representatives

Federal Magistrates (Consequential Amendments) Bill 1999 (Extracts Only)

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)

NOTES ON CLAUSES

Clause 1 - Short Title

This clause formally provides for the short title of the Federal Magistrates (Consequential Amendments) Bill 1999.

Clause 2 - Commencement

Clause 2 provides for the commencement of the Act. Subclause 2(1) provides that the Act will commence on Royal Assent, subject to this section.

Subclause 2(2) provides that, if the ACIS Administration Act 1999 commences after the commencement of section 1 of this Act, Schedule 1 (amending the ACIS Administration Act 1999 ) commences immediately after the commencement of that Act. This ensures that the amendments do not take effect until that Act has commenced.

Subclause 2(3) provides that, if Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999 commences after the commencement of section 1 of this Act, Schedule 16 of this Act commences immediately after the commencement of Schedule 1 of the Human Rights Legislation Amendment Act (No. 1) 1999 . This ensures that the amendments to the Human Rights and Equal Opportunity Commission Act 1986 do not take effect until after amendments to that Act have been made by Schedule 1 to the Human Rights Legislation Amendment Act (No. 1) 1999.

Subclause 2(4) provides that if item 2 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 2) 1999 commences before the commencement of section 1, then the amendments made by Schedule 16 are taken to be made to the Human Rights and Responsibilities Commission Act 1986 rather than the Human Rights and Equal Opportunities Commission Act 1986 . This amendment is necessary because item 2 of Schedule 1 to the Human Rights Legislation Amendment Act (No. 2) 1999 changes the name of the Human Rights and Equal Opportunities Commission Act 1986 to the Human Rights and Responsibilities Commission Act 1986 .

Subclause 2(5) provides that if section 151AQA of the Trade Practices Act 1975 commences after the commencement of section 1 of this Act, then items 5 and 6 of Schedule 24 commence after the commencement of that provision. This is to ensure that that section is not amended by Schedule 24 before it commences operation.

Subclause 2(6) provides that if section 152DNB of the Trade Practices Act 1975 commences after the commencement of section 1 of this Act, then item 7 of Schedule 24 commences after the commencement of that provision. This is to ensure that that section is not amended by Schedule 24 before it commences operation.

Subclause 2(7) provides that if section 127AAA of the Workplace Relations Act 1996 commences after the commencement of section 1 of this Act, then item 5 of Schedule 25 commences after the commencement of s127AAA. This is to ensure that that section is not amended by Schedule 25 before it commences operation.

Subclause 2(8) provides that if section 127AAB of the Workplace Relations Act 1996 commences after the commencement of section 1 of this Act, then item 6 of Schedule 25 commences after the commencement of s127AAB. This is to ensure that that section is not amended by Schedule 25 before it commences operation.

Subclause 2(9) provides that if section 298TA of the Workplace Relations Act 1996 commences after the commencement of section 1 of this Act, then item 9 of Schedule 25 commences after the commencement of s298TA. This is to ensure that that section is not amended by Schedule 25 before it commences operation.

Clause 3 - Schedule(s)

This clause provides that, subject to section 2, each Act in the Schedules to this Act is amended or repealed as set out in the Schedule concerned.


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