Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)Schedule 2 - Amendment of amending Acts
50 The items in this Schedule correct misdescribed amendments in amending Acts.
Item 1
51 Item 44 of Schedule 1 to the Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 purported to insert a paragraph after paragraph 273GA(b) of the Customs Act 1901. However, the amendment was misdescribed as the paragraph should have been inserted after paragraph 273GA(1)(b) of the Customs Act 1901. Item 1 corrects the misdescription.
Item 2
52 Item 21 of Schedule 2B to the Family Assistance and Other Legislation Amendment Act 2013 purported to amend subsection 28(5) of the A New Tax System (Family Assistance) (Administration) Act 1999 by omitting all the words after "entitled to be" and substituting alternative words. However, the amendment was misdescribed as there are two occurrences of the words "entitled to be" and the amendment did not specify which occurrence should be omitted. In the context of the Act, it is clear that the first occurrence was intended to be replaced. (Replacement of the second occurrence would result in the nonsensical phrase "the amount that the claimant was entitled to be paid the recalculated amount".) Item 2 corrects the misdescription.
Item 3
53 Item 98 of Schedule 3 to the Family Assistance and Other Legislation Amendment Act 2013 purported to amend paragraph 43(4)(a) of the Social Security (Administration) Act 1999 by omitting the words "of the following amounts (an added amount) is" and substituting alternative words. However, the amendment was misdescribed as the words in the text to be omitted are "of the following amounts (the added amount) is". Item 3 corrects the misdescription.
Item 4
54 Item 102 of Schedule 4 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 purported to amend subsection 50(2) of the Privacy Act 1988 by omitting words including "Public Service Commissioner". However, the amendment was misdescribed as the words "Australian Public Service Commissioner" should have been omitted. Item 4 corrects the misdescription.
Item 5
55 Item 103 of Schedule 4 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 purported to amend paragraphs 50(2)(c) and (e) of the Privacy Act 1988 by omitting words including "Public Service Commissioner". However, the amendment was misdescribed as the words "Australian Public Service Commissioner" should have been omitted. Item 5 corrects the misdescription.
Item 6
56 Item 71 of Schedule 5 to the Privacy Amendment (Enhancing Privacy Protection) Act 2012 purported to amend paragraph 73(b) of the Personally Controlled Electronic Health Records Act 2012. However, the amendment was misdescribed as paragraph 73(1)(b) of the Personally Controlled Electronic Health Records Act 2012 should have been amended. Item 6 corrects the misdescription.
Item 7
57 Item 1 of Schedule 1 to the Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Act 2013 purported to amend paragraph 211(3)(a) of the Corporations Act 2001 by omitting the words "fund for the purposes of making provision for, or obtaining, superannuation benefits" and substituting alternative words. However, the amendment was misdescribed as the words in the text to be omitted are "fund for the purpose of making provision for, or obtaining, superannuation benefits". Item 7 corrects the misdescription.
Item 8
58 Item 12 of Schedule 11 to the Veterans' Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 purported to amend section 140 of the Safety, Rehabilitation and Compensation Act 1988 by omitting and substituting words in a simplified outline. However, the amendment was misdescribed as the words to be omitted do not appear in that section. Item 8 corrects the misdescription.