Explanatory Memorandum
(Circulated by the authority of the Minister for Families, Housing, Community Services and Indigenous Affairs, the Hon Jenny Macklin MP)Schedule 3 - Other technical amendments
Summary
This Schedule makes further technical amendments to several Acts.
Background
The technical amendments made by this Schedule are to repeal redundant provisions, headings and references to repealed provisions, to correct a cross-reference and to correct a misdescribed amendment.
The amendments commence either on Royal Assent or, for the correction of the misdescribed amendment, on the date in July 2007 that would allow the original amendment to have effect (there being no adverse consequences for any person from this retrospectivity).
Explanation of the changes
Amendments to the Aboriginal and Torres Strait Islander Act 2005
Item 1 repeals a redundant Schedule from the Aboriginal and Torres Strait Islander Act 2005 (ATSI Act). Schedule 1 is expressed to arise from subsection 91(1) of the ATSI Act. However, section 91 was in Part 3 of the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Act), which was repealed by item 1 of Schedule 3 to the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 (ATSIC Amendment Act), item 3 of Schedule 2 of which also re-named the Act. Schedule 1 to the ATSI Act therefore no longer has an enabling provision and is redundant.
Items 2 and 3 substitute the note to the heading of each of Schedules 2 and 2A to the ATSI Act. This effectively is to repeal a redundant reference to a repealed enabling provision. Each of these Schedules is currently expressed to arise from sections 111 and 143E of the ATSI Act. However, section 111, which (like section 91, as mentioned above) was in Part 3 of the ATSIC Act, was repealed by item 1 of Schedule 3 to the ATSIC Amendment Act. Section 143E remains relevant to each of Schedules 2 and 2A to the ATSI Act, but the reference to section 111 is now redundant and is being removed from each Schedule.
Amendments to the Native Title Amendment (Technical Amendments) Act 2007
Items 4 and 5 correct a misdescribed amendment - item 9 of Part 1 of Schedule 2 to the Native Title Amendment (Technical Amendments) Act 2007 . That item attempted to amend section 203FI of the Native Title Act 1993 to insert reference to new sections 203FBA and 203FBB. However, the amendment failed because there was in fact no comma in section 203FI in the position described by item 9. These new amendments give effect to the original amendment.
Amendment to the Social Security Act
Item 6 amends step 7 of the method statement in point 1068-G1 of the Social Security Act. The method statement describes the application of the ordinary income test in Benefit Rate Calculator B. Step 7 currently refers to point 1068-H12 for the ordinary income free area. The amendment corrects this cross-reference, which should be to point 1068-G12.
Amendment to the Social Security Administration Act
Item 7 repeals the redundant heading to a repealed Subdivision in the Social Security Administration Act. The Subdivision itself, Subdivision D of Division 1 of Part 3 ('Time limits for claims for maternity allowance and maternity immunisation allowance'), consisting of section 19 alone, was repealed by item 19 of Schedule 3 to the A New Tax System (Family Assistance and Related Measures) Act 2000 , so the heading is now redundant and is being removed.