Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)General outline and financial impact statement
General outline
The main purposes of this Bill are to:
- (a)
- correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes (see Schedules 1 and 2); and
- (b)
- modernise language by replacing references to servants with references to employees and by removing gender-specific language (see Schedule 3); and
- (c)
- improve the Veterans' Entitlements Act 1986 by better signposting definitions and making technical corrections (see Schedule 4); and
- (d)
- repeal spent and obsolete provisions and Acts, which will result in the repeal of approximately 30 pages of spent and obsolete provisions, including 3 spent Acts (see Schedules 5 and 6).
The corrections and repeals are desirable in order to improve the quality of the text of Commonwealth legislation and to reduce the regulatory burden by making the statute book clearer and more efficient to use. They facilitate the publication of consolidated versions of Acts by the Commonwealth and by private publishers of legislation.
None of the corrections makes any change to the substance of the law.
Financial impact statement
This Bill will have no financial impact.
Statement of compatibility with human rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Statute Law Revision Bill (No. 2) 2014
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The main purposes of this Bill are to correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes and to repeal spent or obsolete provisions and Acts.
The corrections and repeals are desirable in order to improve the quality of the text of Commonwealth legislation and, in particular, to facilitate the publication of consolidated versions of Acts by the Commonwealth and by private publishers of legislation.
None of the corrections makes any change to the substance of the law.
Human rights implications
The amendments make technical corrections and technical improvements to legislation. They also repeal spent and obsolete provisions and Acts. The amendments improve the ease of administration of legislation and reduce the regulatory burden by making the statute book clearer and more efficient to use. They do not engage any human rights issues.
Conclusion
The Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms or alter any human rights safeguards currently in place.
Notes on clauses
Clause 1 - Short title
1 Clause 1 provides for the Act to be cited as the Statute Law Revision Act (No. 2) 2014.
Clause 2 - Commencement
2 Subclause 2(1) provides that each provision of the Act specified in column 1 of the table set out in the subclause commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
3 The note at the end of the table explains that the table relates only to the provisions of the Act as originally enacted. The table will not be amended to deal with any later amendments of the Act.
4 Subclause 2(2) provides that any information in column 3 of the table is not part of the Act. It also clarifies that information may be inserted in column 3, or information in it may be edited, in any published version of the Act.
5 Most items in Schedule 1 to the Bill correct errors in principal Acts. All items in the Schedule commence 28 days after this Act receives the Royal Assent. This is because the "slip rule" will have been applied to each error since the enactment of the erroneous provision. This means that the text of the law will have been taken to have been correct, despite the error.
6 Current Commonwealth drafting practice is to avoid retrospective commencement where practicable. Given the application of the "slip rule", it is appropriate for these amendments to commence soon after Royal Assent. The amendments ensure that the text of the law accords with how it would be interpreted.
7 Other items in Schedule 1 to the Bill relate to removals of redundant text or relocations of text and it is appropriate that these items commence on the 28th day after the day this Act receives the Royal Assent because they do not change the substantive content of the law.
8 The items in Schedule 2 to the Bill relate to misdescribed amendments contained in amending Acts. The commencement of items dealing with misdescribed amendments is tied to the time specified in the amending Act for the commencement of the amendment.
9 Schedule 3 to the Bill modernises terminology in accordance with current drafting practice by changing servant to employee and by removing gender-specific language. The Schedule is to commence 28 days after this Act receives the Royal Assent.
10 Schedule 4 to the Bill makes amendments to improve the Veterans' Entitlements Act 1986 by improving signposting of definitions and making technical corrections. The Schedule is to commence 28 days after this Act receives the Royal Assent.
11 Schedule 5 to the Bill repeals spent and obsolete provisions of Acts. The Schedule is to commence 28 days after this Act receives the Royal Assent.
12 Schedule 6 to the Bill repeals spent and obsolete Acts and makes consequential amendments to other Acts. The Schedule is to commence 28 days after this Act receives the Royal Assent.
Clause 3 - Schedules
13 Clause 3 provides that legislation that is specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms. This is a technical provision to give operational effect to the amendments contained in the Schedules.
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.
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.
Schedule 3 - Terminology changes
59 The items in this Schedule contain amendments that modernise terminology in accordance with recent drafting practices.
Part 1 - Changing servant to employee
60 These items change the expression "servant" to "employee" to accord with current Commonwealth drafting practice set out in the Office of Parliamentary Counsel's Drafting Direction No. 2.2. The change will not affect the meaning of the provisions due to the operation of section 15AC of the Acts Interpretation Act 1901, which provides that if an Act has expressed an idea in one form of words and a later Act appears to have expressed that idea in a different form of words for the purpose of using a clearer style, the ideas must not be taken to be different merely because different forms of words were used.
61 Item 61 repeals the definition of employee in the Dictionary in the Criminal Code which defines employee as including a servant. As current Commonwealth drafting practice is to refer to employee instead of servant, this definition is redundant.
62 A few items, such as items 11 and 163, change references from "servant" to references to an officer or employee of the Commonwealth or the Crown. The change will not affect the meaning of the provisions due to the operation of section 15AC of the Acts Interpretation Act 1901.
Part 2 - Gender-specific language
63 It has been Commonwealth practice since the early 1980s for legislation to be drafted to avoid the use of gender-specific language. Exclusive references to one or another gender are not permitted, except in the case of legislation intended to apply to people of one sex but not the other.
64 While paragraph 23(a) of the Acts Interpretation Act 1901 provides that words importing a gender include every other gender, existing statutory provisions that use gender-specific language have been progressively amended so as to replace such language with gender-neutral language. The use of gender-neutral language in Acts is intended to make them more inclusive.
65 The items of this Part amend Acts to replace gender-specific language with gender-neutral language.
Schedule 4 - Veterans' Entitlements Act improvements
66 This Schedule amends the Veterans' Entitlements Act 1986. Part 1 makes amendments to the Part of the Act dealing with definitions. Part 2 makes technical amendments.
67 Sections 5A to 11B in Part I of the Veterans' Entitlements Act 1986 contain definitions of terms that are used in the Act. Many of those sections define terms relating to particular subjects. For example, sections 5E and 5F contain family relationship definitions, and section 5H contains income test definitions.
68 Currently, locating the definition of a term requires perusing over 25 definition sections, costing the community time and money and potentially causing confusion. These amendments are intended to ensure all the terms relevant to more than one area in the Act will be listed in subsection 5Q(1). Subsection 5Q(1) will contain an entry for each expression defined for the purposes of the Act, and may be used like a dictionary either defining the expression or signposting another provision which defines the expression.
69 There are other terms that are defined only for the purposes of a specific area of the Veterans' Entitlements Act 1986. Signposts to these definitions will not be included in subsection 5Q(1). For example, definitions of terms that are used only in Part IIIAB of that Act (relating to pension bonus) are listed in section 45TA only, and are not included in subsection 5Q(1).
70 Item 1 inserts a simplified outline as new section 5, to explain how the definitions contained in Part I of the Veterans' Entitlements Act 1986 are structured. While simplified outlines are included to assist readers to understand the substantive provisions, the outlines are not intended to be comprehensive. It is intended that readers should rely on the substantive provisions.
71 Item 2 replaces the current heading of section 5Q "General definitions" with the heading "Dictionary".
72 Item 3 inserts into subsection 5Q(1) signpost definitions of the relevant terms.
73 Part 2 contains minor technical amendments. The amendments insert notes to provide navigational assistance, relocate navigational notes and make their form more consistent with other navigational notes in the Act, insert and improve signpost definitions, fix typographical errors such as incorrect capitalisation, fix formatting errors, fix incorrect numbering of notes and fix incorrect, missing and redundant cross-references. The purpose of each technical amendment is described by the note.
Schedule 5 - Spent and obsolete provisions
74 This Schedule contains items that repeal spent and obsolete provisions and make amendments consequential on the repeals.
Items 1 and 2
75 Items 1 and 2 are related. Section 130ZT of the Broadcasting Services Act 1992 sets annual captioning targets for 2012-13 and 2013-14 for commercial television broadcasting licensees. Section 130ZU of that Act sets annual captioning targets for 2012-13 and 2013-14 for national broadcasters. Those financial years have now ended. The provisions are therefore spent. Item 1 repeals them. Subsections 130ZUAA(5) and (6) of that Act provide for situations where those targets did not apply for those financial years. Therefore those provisions are also now spent. Item 2 repeals them.
Items 3 to 5
76 Items 3 to 5 are related. Subsection 13(1) of the Parliamentary Entitlements Act 1990 provides for the Remuneration Tribunal Act 1973 to be amended as set out in Schedule 2 to the Parliamentary Entitlements Act 1990. That Schedule has made the relevant amendment and is now spent. Item 5 repeals it. Item 4 repeals subsection 13(1) of the Parliamentary Entitlements Act 1990 as it is also spent. Section 13 of the Parliamentary Entitlements Act 1990 contains one other provision, a transitional provision in subsection 13(2). Item 3 remakes the section heading to better reflect the remaining content of the section.
Item 6
77 Item 6 repeals the redundant section 218 of the Radiocommunications Act 1992. That section is redundant as it provides that the Australian Communications and Media Authority (ACMA) must include in each annual report prepared under section 242 of that Act for a financial year a report on the operation of Part 4.3 during that year. However, section 242 has been repealed, so section 218 is now redundant.
Item 7
78 Item 7 repeals the redundant section 127 of the Telecommunications Act 1997. That section is redundant as it provides that the ACMA must not determine an industry standard during the first 180 days after the commencement of that section. More than 180 days have elapsed since that section commenced.
Schedule 6 - Spent Acts
79 This Schedule contains items that repeal spent and obsolete Acts and items that make amendments consequential on those repeals.
Item 1
80 Item 1 repeals the redundant Conciliation and Arbitration (Electricity Industry) Act 1985. Section 11 of the Act provides that it ceased to be in force at the expiration of the period of 3 years next following the day of commencement of the Act or an earlier day that was proclaimed. The Act commenced by Proclamation on 31 May 1985 and was later found by a majority of the High Court not to be valid.
Item 2
81 Item 2 repeals the redundant Immigration (Education) Charge Act 1992. The Act imposed English Education Charge in respect of applications by non-citizens if their applications for stay visas were made between 1993 and 1997. Those non-citizens would have registered with the Adult Migrant English Program within 6 months, commenced tuition within 12 months and completed tuition within 5 years.
Items 3 to 5
82 Items 3 to 5 are related. Item 3 repeals the redundant Snowy Mountains Engineering Corporation Act 1970. That Act is spent as the purpose of the Act was to establish the former Snowy Mountains Engineering Corporation (SMEC) as a Commonwealth agency. In 1993, the Commonwealth sold SMEC to SMEC staff and, in accordance with section 36 of the Snowy Mountains Engineering Corporation Limited Sale Act 1993, the SMEC is no longer owned by the Commonwealth and is deemed not to have been established by or under an Act, nor to have been established by the Commonwealth. Item 4 repeals subsection 36(2) of the Snowy Mountains Engineering Corporation Limited Sale Act 1993 as a consequential amendment. That subsection is redundant as it provided that "To avoid doubt, it is declared that subsection (1) does not affect the operation of the Snowy Mountains Engineering Corporation Act 1970 or any other law before the commencement of this section". Item 5 removes a redundant cross-reference to subsection 36(2).