Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Lionel Bowen, M.P.)Editor's note:
STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO. 1) 1985
General Outline
The amendments made by this Bill have a number of purposes such as the tidying up, correction or up-dating of legislation. Other amendments implement changes that are of minor policy significance or are of a routine administrative nature.
The Bill amends a significant number of Acts by removing provisions relating to the rights of Commonwealth public servants appointed to Commonwealth statutory offices or employed by Commonwealth authorities. These provisions have been rendered redundant by the repeal on 15 March 1981 of the Officers' Rights Declaration Act 1928 and by the insertion of detailed provisions in Part IV of the Public Service Act 1922 relating to the rights of officers holding public offices or employed by public authorities. Because of the terms of section 3 of the Officers' Rights Declaration Act 1928 it had been necessary to include these provisions in the statutory authority legislation to preserve the rights of Commonwealth public servants who were appointed to Commonwealth statutory offices or were employed by Commonwealth authorities. Those rights are now preserved by section 87TA of the Public Service Act 1922. The notes on clauses in Schedule 1 refer to the repeal of the redundant provisions as being an amendment consequential to the repeal of the Officers' Rights Declaration Act 1928.
Administrative changes to the Public Service were made in the Administrative Arrangements Order Gazetted on 13 December 1984 No.S521. The changes included renaming of departments, the creation of a new department and the transfer of functions between departments. A number of amendments have been included in the Bill as a consequence of these changes to the machinery of Government.
Notes on Clauses
Formal
Sub-clause 2(2) provides that clauses 1, 2 and 13 shall come into operation on receiving Royal Assent. Special provision for the commencement of some or all of the amendments to specified Acts contained in Schedule 1 is made by sub-clauses 2(3) to 2(50). Reference to a special commencement provision is made in notes on the relevant provision(s). In the absence of any special commencement provisions the amendments will come into force on the twenty-eighth day after Royal Assent.
This clause provides that the Acts specified in Schedule 1 are amended as set out in that Schedule.
This clause provides that the Acts specified in Schedule 2 are repealed.
Clause 5: Transitional Provisions Relating to the Australian Citizenship Act 1948
Clause 6: Transitional Provisions Relating to the Australian Institute of Marine Science Act 1972
Clause 7: Transitional Provisions Relating to the Defence Force Discipline Act 1982
Clause 8: Transitional Provisions Relating to the Federal Court of Australia Act 1976
Clause 9: Transitional Provisions Relating to the Health Insurance Act 1973
Clause 10: Transitional Provisions Relating to the Judiciary Act 1903
Clause 11: Transitional Provisions Relating to the Law Reform Commission Act 1973
Clause 12: Transitional Provisions Relating to the Management and Investment Companies Act 1983
Clause 13: Transitional Provisions Relating to the National Gallery Act 1975
Clause 14: Transitional Provisions Relating to the Patents Act 1962
Clause 15: Transitional Provisions Relating to the Sales Tax (Exemptions and Classifications) Act 1935
Clause 16: Transitional Provisions Relating to the Sex Discrimination Act 1984
Reference to the transitional provisions in clauses 5 to 16 is made in notes on the proposed amendment of the relevant Acts in Schedule 1.
SCHEDULE 1
Amendment of the Aboriginal Development Commission Act 1980
This amendment is consequential to the repeal of the Officers' Rights Declaration Act 1928
Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976
This amendment is consequential to the repeal of the Officers' Rights Declaration Act 1928.
Amendment of the Administrative Appeals Tribunal Act 1975
The proposed amendments are formal and drafting changes to reflect current drafting practice. The amendment of paragraph 49(1)(c) is consequential to the proposed change of name from Chairman to President of the Law Reform Commission.
Amendment of the Administrative Decisions (Judicial Review) Act 1977
The proposed amendment to paragraph (o) of Schedule 1 to the Act deletes the reference to decisions under the Criminal Investigation Act 1982. The proposed amendment is necessary because the Criminal Investigation Bill 1982 was not passed by the Parliament.
(Editor's note: pages 5 to 13 incl., and the first three paragraphs of page 14 have been removed as they describe amendments to legislation that are not specifically tax-related).
Amendment of the Bank Account Debits Tax Administration Act 1982
The amendment effects a drafting correction.
By virtue of sub-clause 2(8) this amendment shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.
(Editor's note: pages 15 to 92 incl., and the first paragraph of page 93 have been removed as they describe amendments to legislation that are not specifically tax-related).
Amendment of the Taxation Administration Act 1953
The proposed amendments are formal and drafting changes to reflect current drafting practice.
By virtue of sub-clause 2(45) the proposed amendments of sections 8J and 8Z shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.
Amendment of the Taxation Laws Amendment Act 1984
The proposed amendments implement formal and drafting changes and the correction of an error.
By virtue of sub-clause 2(46) the proposed amendments shall be deemed to have come into operation immediately after the commencement of section 1 the Taxation Laws Amendment Act 1984.
Amendment of the Tobacco Charges Assessment Act 1955
The amendments implement drafting changes in accordance with current drafting practice. By virtue of sub-clause 2(47) the amendments shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.
(Editor's note: the rest of this document (from page 94 to end incl.) have been removed as they describe amendments to legislation that are not specifically tax-related).