Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)Schedule 1 - Amendments of principal Acts
14 The items in this Schedule amend errors contained in principal Acts, remove redundant text from principal Acts or relocate text within principal Acts.
Item 1
15 Item 1 omits a duplication of the word "3.1" in the note to subsection 4-1(3) of the Aged Care (Transitional Provisions) Act 1997 that resulted from an amendment made by item 22 of Schedule 5 to the Aged Care (Living Longer Living Better) Act 2013.
Item 2
16 Subsection 91(2A) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains an incorrect cross-reference as it refers to contraventions of subsection 91(1) of the Code. However, the correct provision for subsection 91(2A) of the Code to refer to is subsection 91(2) of the Code, as subsection 91(2A) is intended to be about contraventions of subsection 91(2). Item 2 corrects the cross-reference.
Item 3
17 Paragraph 109(c) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains a reference to section 79A of the Code. However, that section was repealed by item 153 of Schedule 3 to the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013. Item 3 omits the redundant reference.
Item 4
18 Section 131G of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 contains an incorrect cross-reference as it refers to section "131G" of the Code. However, that is the provision the cross-reference is contained in and it is about the wrong topic (copying of documents by inspectors). The correct provision to refer to is section 131F of the Code, as it deals with the right topic (production of documents to inspectors). Item 4 corrects the cross-reference.
Item 5
19 Subparagraph 65KP(3)(a)(ii) of the A New Tax System (Family Assistance) (Administration) Act 1999 contains a punctuation error as it ends paragraph 65KP(3)(a) with a full-stop rather than a semicolon, despite there being a paragraph 65KP(3)(b). Item 5 corrects that punctuation error.
Item 6
20 Subsection 33(2) of the Australian Aged Care Quality Agency Act 2013 contains an incorrect cross-reference as it says "A direction given under subsection (2) is not a legislative instrument". However, that subsection does not provide for the giving of directions. The correct provision to refer to is subsection 3 3(1), as it provides for the giving of directions. Item 6 corrects the cross-reference.
Item 7
21 Subsection 78(1) of the Australian Education Act 2013 contains an incorrect cross-reference as it refers to "subparagraph 73(1)(b)(ii)" of the Act. However, that provision is about the wrong topic (ongoing policy requirements). The correct provision to refer to is subparagraph 73(1)(b)(iii) of the Act, as the provision deals with the right topic (ongoing funding requirements). Item 7 corrects the cross-reference.
Item 8
22 Paragraphs 90J(6)(c) and 90LC(5)(c) of the Australian Postal Corporation Act 1989 contain a citation error as they refer to the Crime and Misconduct Act 2001 of Queensland. However, it is correct to refer to the Crime and Corruption Act 2001 of Queensland, due to the short title of the Queensland Act being changed to the Crime and Corruption Act 2001 in 2014. Item 8 fixes the citation.
Item 9
23 Subparagraph (e)(i) of the definition of associate in subsection 6(1) of the Broadcasting Services Act 1992 contains an incorrect cross-reference as it refers to the Corporations Act 1990. However, there is no such Act. The correct Act to refer to is the Corporations Act 2001. Item 9 corrects the cross-reference.
Item 10
24 Subsection 15YM(1A) of the Crimes Act 1914 contains a punctuation error as paragraph (c) (the final paragraph) ends with a semicolon and not a full-stop. Item 10 corrects that punctuation error.
Item 11
25 Subsection 474.25B(2) of the Criminal Code contains a typographical error as it refers to "subsection 474.25 A(1" rather than "subsection 474.25 A(1)". Item 11 corrects that typographical error.
Item 12
26 Paragraph (f) of the definition of authorised person in subsection 183UA(1) of the Customs Act 1901 is located before paragraph (e) of the definition. Item 12 reletters paragraph (f) as paragraph (da).
Item 13
27 Subheading 3921.90.10 of Schedule 3 to the Customs Tariff Act 1995 contains a spelling error as it refers to "laminiated" rather than "laminated". Item 13 corrects that spelling error.
Item 14
28 Section 15A of the Data-matching Program (Assistance and Tax) Act 1990 contains a typographical error as it refers to personal assistance made because of the operation of "subsection (11)(1)" of the Act rather than "subsection 11(1)". Item 14 corrects that typographical error.
Item 15
29 Paragraph 98B(5B)(a) of the Defence Force Retirement and Death Benefits Act 1973 contains an incorrectly cited cross-reference as it refers incorrectly to the amending item as "[this amending item]". However, the correct way of describing the amending item that inserted that paragraph is "item 14 of Schedule 3 to the Superannuation Legislation Amendment (Indexation) Act 2001". Item 15 corrects the cross-reference.
Item 16
30 The form of security referred to in section 21 of the Excise Act 1901 and set out in Schedule I to the Act provides for years from 1900 to 1999 to be entered. Item 16 updates the form of security to refer to years from 2000 to 2099.
Item 17
31 Subsection 66(12) of the Great Barrier Reef Marine Park Act 1975 contains an incorrect cross-reference as it refers to subsection 66(10) of the Act. However, that provision is about the wrong topic (powers to make regulations not taken to include powers to make provision for or in relation to matters). The correct provision to refer to is subsection 66(11) of the Act, as it deals with the right topic (limitations on penalties that may be prescribed). Item 17 corrects the cross-reference.
Item 18
32 Subparagraph (a)(iii) of the definition of quality assurance activity in subsection 124W(1) of the Health Insurance Act 1973 contains a reference to services in respect of which payments were made under the Health Care (Appropriation) Act 1998, or that are or would be eligible for such payments. However, that Act was repealed by item 1 of Schedule 3 to the Federal Financial Relations (Consequential Amendments and Transitional Provisions) Act 2009. Item 18 clarifies that the Act being referred to has been repealed.
Item 19
33 Subsection 43(6) of the Industrial Chemicals (Notification and Assessment) Act 1989 contains an incorrect cross-reference as it refers to approving a scheme under subsection 43(1) of the Act. However, that provision contains a definition. The correct provision to refer to is subsection 43(2) of the Act, as schemes are approved under that subsection. Item 19 corrects the cross-reference.
Item 20 and 21
34 Items 20 and 21 are related. Subsections 47(1) and 61(1) of the Insurance Acquisitions and Takeovers Act 1991 each contain a grammatical error as they refer to "A a permanent restraining order". Items 20 and 21 correct the grammatical errors.
Item 22
35 The definition of accounts in subsection 3(1) of the Insurance Act 1973 contains a grammatical error as it refers to "accounts, except in and Part VII" rather than "accounts, except in Part VII". Item 22 corrects that grammatical error.
Item 23
36 Subsection 61BF(3) of the Interactive Gambling Act 2001 contains a citation error as it refers to the Corporations Law. However, it is correct to refer to the Corporations Act 2001. Item 23 fixes the citation.
Item 24 to 31
37 Items 24 to 31 are related. The Military Rehabilitation and Compensation Act 2004 contains several references to medical and dental treatment under regulation 58F of the Defence Force Regulations 1952. The Defence Force Legislation Amendment Regulation 2013 (No. 1) repealed regulations 58E and 58F of the Defence Force Regulations 1952 and substituted a new regulation 58E of the Defence Force Regulations 1952. Current Commonwealth drafting practice is to avoid referring to regulation numbers in provisions of principal Acts, wherever possible, to avoid those provisions becoming out of date if those numbers change. Since regulation 58E of the Defence Force Regulations 1952 is the only regulation providing for provision of medical and dental treatment, items 24 to 31 amend provisions of the Military Rehabilitation and Compensation Act 2004 to remove references to regulation 58F of the Defence Force Regulations 1952 and to refer instead to medical and dental treatment under the Defence Force Regulations 1952.
Item 32
38 Item 32 repeals the redundant subsection 105AB(14) of the National Health Act 1953. That subsection is redundant as it relates only to applications for review of decisions refusing to make determinations under clause 10 of Schedule 2 to the Act. Schedule 2 to the Act was repealed in 2007 by item 59 of Schedule 1 to the Private Health Insurance (Transitional Provisions and Consequential Amendments) Act 2007.
Item 33
39 Example 2 in subsection 782A(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 contains a punctuation error as it refers to "Example 2" rather than "Example 2:". Item 33 corrects that punctuation error.
Item 34
40 Subsection 294(2) of the Personal Property Securities Act 2009 contains a grammatical error as it refers to "end of period" rather than "end of a period". Item 34 corrects that grammatical error.
Item 35
41 Paragraph (e) of the definition of alternative complaint body in subsection 50(1) of the Privacy Act 1988 contains an error as it refers to an office incorrectly as the "Public Service Commissioner". That title is incorrect as the Public Service Amendment Act 2013 changed the name of that office. The correct title is now the "Australian Public Service Commissioner". Item 35 corrects the reference to that title.
Item 36
42 Subparagraph 27(1)(bb)(ii) of the Radiocommunications Act 1992 contains an error as it refers to a body incorrectly as the "Crime and Misconduct Commission". That title is incorrect as it was renamed by the Crime and Misconduct and Other Legislation Amendment Act 2014 of Queensland. The correct title is now the "Crime and Corruption Commission". Item 36 corrects the reference to that title.
Item 37
43 Subparagraph 27(1)(bb)(ii) contains a citation error as it refers to the Crime and Misconduct Act 2001 of Queensland. However, it is correct to refer to the Crime and Corruption Act 2001 of Queensland, due to the short title of the Queensland Act being changed to the Crime and Corruption Act 2001 in 2014. Item 37 fixes the citation.
Item 38
44 Paragraph 8(1)(a) of the Remuneration Tribunal Act 1973 contains a reference to subsection 6(2) of that Act. However, that subsection was repealed by section 13 of the Judicial and Statutory Officers Remuneration Legislation Amendment Act 1989. Item 38 removes the redundant reference.
Items 39 and 40
45 Items 39 and 40 are related. Section 4 of the Superannuation Industry (Supervision) Act 1993 contains a table summarising the matters dealt with in each Part of that Act. The Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012 replaced the heading of Part 24 to the Superannuation Industry (Supervision) Act 1993 and added Parts 33 and 34 to that Act, but did not update section 4 of that Act. Items 39 and 40 make those updates.
Item 41
46 The note to subsection 108A(3) of the Superannuation Industry (Supervision) Act 1993 contains a punctuation error as it does not end in a full-stop. Item 41 corrects that punctuation error.
Item 42
47 Subparagraph 30(1)(a)(viii) of the Surveillance Devices Act 2004 contains a punctuation error as it refers to "Division, 80" rather than "Division 80". Item 42 corrects that punctuation error.
Item 43
48 The current definition of authority in subsection 3(1) of the Workplace Gender Equality Act 2012 is not located in its appropriate alphabetical position in the list of definitions. Item 43 corrects that error.
Item 44
49 The current definition of discrimination in subsection 3(1) of the Workplace Gender Equality Act 2012 is not located in its appropriate alphabetical position in the list of definitions. Item 44 corrects that error.