Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Daryl Williams, AM QC MP)Schedule 2 - Amendment of Amending Acts
14. The items in Schedule 2 correct errors in amending legislation where the effect of the error has been to prevent the amendment from operating. An example of this kind of error is an amending provision as follows: Section 3-Omit a person, where section 3 does not contain the words a person but does contain the words the person. An item in this Schedule would amend the provision above so that it would read: Section 3-Omit the person.
15. None of the amendments proposed in the Schedule will alter the content of the law. The following paragraphs explain how some items that may appear to be altering the content of the law are not in fact doing so.
16. Item 1 repeals items 1306 to 1310 of the Audit (Transitional and Miscellaneous) Amendment Act 1997 (Act No. 152 of 1997), because they purport to amend sections of the Wool International Act 1993 that had already been repealed by items 24 and 26 of the Wool International Amendment Act 1997 (Act No. 108 of 1997).
17. Items 13 and 14 repeal item 53 of Schedule 3 to the Income Tax (Consequential Amendments) Act 1997 (Act No. 39 of 1997), because item 53 purported to amend section 28 of the Commonwealth Funds Management Limited Act 1990 . However, section 28 of the latter Act had already been repealed by the CFM Sale Act 1996 (Act No. 58 of 1996).
18. The reason for item 23 is set out in the notes to clause 4.
19. Item 25 repeals 597 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 (Act No. 146 of 1999) because the words that it attempts to omit and substitute are already omitted by item 596 of Schedule 1 to the same Act. Likewise, item 26 repeals item 602 of Schedule 1 to that Act, because the words that it attempts to omit and substitute are already omitted by item 601 of Schedule 1 to the same Act.