Explanatory Memorandum
(Circulated by the authority of the Attorney-General, the Hon Mark Dreyfus QC MP)Schedule 2-Amendment of amending Acts
69 The items in this Schedule relate to misdescribed or redundant amendments, or errors contained in amending Acts.
Item 1
70 Item 29 of Schedule 1 to the Aviation Transport Security Amendment (Air Cargo) Act 2011 purported to amend paragraph 79(3)(b) of the Aviation Transport Security Act 2004 to omit "or accredited cargo agent concerned (or both)" and substitute "concerned". However, the amendment was misdescribed as the words in the text to be omitted are "or accredited air cargo agent concerned (or both)". Item 1 corrects the misdescription.
Items 2 to 5
71 Items 2 to 5 are related. Items 47, 49, 63 and 65 of Schedule 2 to the Clean Energy Legislation Amendment Act 2012 purported to amend subsections 59(5), 59(6), 60(5) and 60(6) of the Clean Energy Act 2011 to insert "(3A), (3B)," after "(3),". However, the amendments were misdescribed as "(3)" but not "(3)," appears in those subsections. Items 2 to 5 correct the misdescriptions. These items also make grammatical improvements to the amending items by ensuring the amended text will have a comma between the cross-references to"(3)" and "(3A)" and ensuring no comma will be between the cross-references to"(3B)" and "(4)".
Item 6
72 Item 25 of Schedule 1 to the Corporations Amendment (Further Future of Financial Advice Measures) Act 2012 purported to amend paragraph 965(a) of the Corporations Act 2001 to substitute text for the words "for the sole or dominant purpose". However, the amendment was misdescribed as there is no paragraph 965(a). The amendment was actually intended to be of paragraph 965(1)(a) in which those words do occur. Item 6 corrects the misdescription so that the item heading of item 25 correctly refers to paragraph 965(1)(a) of the Corporations Act 2001 .
Item 7
73 Item 42 of Schedule 1 to the Corporations Legislation Amendment (Derivative Transactions) Act 2012 purported to amend subsection 1324B(1) of the Corporations Act 2001 . However, the amendment was misdescribed as there is no subsection 1324B(1) of that Act (as section 1324B is not divided into subsections). The amendment was actually intended to be of section 1324B. Item 7 corrects the misdescription so that the item heading of item 42 correctly refers to section 1324B of the Corporations Act 2001 .
Item 8
74 Item 17 of Schedule 5 to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Election Commitments and Other Measures) Act 2011 purported to amend subparagraph 123YE(2)(c)(ii) of the Social Security (Administration) Act 1999 to omit "or". However, the amendment was misdescribed as the word "or" appears twice in that subparagraph. Item 8 corrects the misdescription.
Item 9
75 Item 242 of Schedule 1 to the Financial Framework Legislation Amendment Act 2005 purported to omit the word "Reserve" from subsection 41(4) of the Natural Heritage Trust of Australia Act 1997 and substitute the word "Account". However, the amendment was misdescribed as there were 2 occurrences of the word "Reserve" and the item did not describe which of those occurrences should be amended. The amendment was actually intended to omit both occurrences. Item 9 corrects the misdescription so that the item covers both occurrences.
Item 10
76 Item 141 of Schedule 1 to the Personal Property Securities (Corporations and Other Amendments) Act 2010 purports to amend paragraph (a) of the definition of decision period in section 9 of the Corporations Act 2001 to omit "chargee" and substitute "secured party". However, items 49 and 53 of Schedule 1 to the Personal Property Securities (Corporations and Other Amendments) Act 2010 made the same amendment. Therefore, item 141 of Schedule 1 to that Act is redundant. Item 10 repeals the redundant item.
Item 11
77 Items 9, 10, 12 and 13 of Schedule 3 to the Personal Property Securities (Corporations and Other Amendments) Act 2010 purport to amend sections 490 and 500 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Those sections had already been repealed by items 215 and 239 of Schedule 2 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Act 2011 . Therefore, the amending items are redundant. Item 11 repeals the redundant amending items.
Item 12
78 Item 2 of Schedule 10 to the Primary Industries Levies and Charges (Consequential Amendments) Act 1999 purported to amend paragraphs 64(1)(a), (b), (c), (d), (e), (f), (g) and (h) of the Australian Meat and Live-stock Industry Act 1997 to insert the word "repealed" after "of the". However, the amendment was misdescribed as those words do not appear in the paragraphs that were purported to be amended. The amendment was actually intended to be of paragraphs 63(1)(a), (b), (c), (d), (e), (f), (g) and (h), in which those words do occur. Item 12 corrects the misdescription.
Item 13
79 Item 25 of Schedule 4 to the Social Security and Other Legislation Amendment (Disability Support Pension Participation Reforms) Act 2012 purports to repeal sub-subparagraphs 1139(2)(b)(iv)(A) and (B) of the Social Security Act 1991 . However, paragraph 32(a) of the Social Security Legislation Amendment Act (No. 2) 1994 made the same amendment. Therefore, item 25 of Schedule 4 to the Social Security and Other Legislation Amendment (Disability Support Pension Participation Reforms) Act 2012 is redundant. Item 13 repeals the redundant item.
Items 14 and 15
80 Items 14 and 15 are related. Item 14 of Schedule 2 to the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012 purported to amend subsection 70E(18) of the Aboriginal Land Rights (Northern Territory) Act 1976 to omit "(14), (15), and (17)" and substitute "(14) and (15)". Item 15 of Schedule 2 to the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012 purported to amend subsections 70E(19), (20) and (21) of the Aboriginal Land Rights (Northern Territory) Act 1976 to omit "(14), (15), or (17)" and substitute "(14) or (15)". However, the amendments were misdescribed as subsections 70E(18), (19), (20) and (21) don't have a comma after the references to "(15)". Items 14 and 15 correct the misdescriptions.
Item 16
81 Item 27 of the Schedule to the Transport Legislation Amendment Act (No. 2) 1995 purported to amend paragraphs 5(1)(a) and (b) of the Crimes (Aviation) Act 1991 . However, the amendment was misdescribed as there have never been any paragraphs 5(1)(a) and (b). The amendment was actually intended to be of paragraphs 5(a) and (b). Item 16 corrects the misdescription so that the item heading of item 27 correctly refers to paragraphs 5(a) and (b) of the Crimes (Aviation) Act 1991 .