PART 5
-
GENERAL INTERPRETATION RULES
History
Pt 5 heading substituted by No 46 of 2011, s 3 and Sch 1 item 21, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part
1
heading. The heading formerly read:
PART IV
-
GENERAL PROVISIONS
SECTION 19B
MACHINERY OF GOVERNMENT
-
SUBSTITUTED REFERENCE ORDERS
Scope
19B(1)
This section applies if:
(a)
a provision of an Act refers to an authority (see subsection
(7)
); and
(b)
any of the following happens:
(i)
the authority is abolished;
(ii)
the name or title of the authority is changed;
(iii)
there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;
(iv)
the reference to the authority becomes no longer appropriate for any other reason.
Substituted reference orders
-
Ministers, Departments, Agencies and offices
19B(2)
The Governor-General may make a substituted reference order directing that the provision is to have effect for all purposes, on and after a day specified in the order:
(a)
as if there were substituted, for the reference to the authority mentioned in subsection
(1)
, a reference to another specified authority (or authorities); or
(b)
as if, in so far as the provision applies in a particular respect specified in the order, there were substituted, for the reference to the authority mentioned in subsection
(1)
, a reference to another specified authority (or authorities).
Note 1:
For when the Governor-General may make a substituted reference order that relates to certain provisions of the
Australian Security Intelligence Organisation Act 1979
, or the
Telecommunications (Interception and Access) Act 1979
, that refer to the Attorney-General, see sections 5B and 6V of those Acts respectively.
Note 2:
A substituted reference order may be amended or revoked in the same way as it is made (see subsection
33(3)
of this Act).
History
S 19B(2) amended by No 53 of 2023, s 3 and Sch 1 item 1, by substituting note 1 and 2 for the note, effective 12 August 2023. The note formerly read:
Note:
A substituted reference order may be amended or revoked in the same way as it is made (see subsection 33(3)).
19B(3)
The day specified in the order (as the day on and after which the order is to have effect) may be a day before the order is made.
19B(4)
A substituted reference order has effect according to its terms.
Note:
The order has effect for the purpose of the making of any subsequent order under this section.
19B(5)
A substituted reference order is a legislative instrument.
Authority abolished and another established with the same name
19B(6)
A substituted reference order must not be made only because an authority is abolished, and, immediately after its abolition, another authority of the same type, with the same name, is established.
Note:
However, a substituted reference order may be made if either of the following happens in relation to the authority:
(a)
there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order (see subparagraph
(1)(b)(iii)
);
(b)
a reference to the authority becomes no longer appropriate for any other reason (see subparagraph
(1)(b)(iv)
).
Definition of
authority
19B(7)
In this section:
authority
means any of the following:
(a)
a Minister;
(b)
a Department of State of the Commonwealth;
(c)
any other Agency within the meaning of the
Public Service Act 1999
;
(d)
an office (including an APS employee
'
s office and any other appointment or position), or the holder of an office.
Note:
Offices are offices in and for the Commonwealth (see section
21
). An example is the office of Secretary of a Department of State.
History
S 19B substituted by No 10 of 2015, s 3 and Sch 2 item 3, effective 5 March 2016. For application and transitional provisions, see note under s
19
. S 19B formerly read:
SECTION 19B REFERENCE TO MINISTER, DEPARTMENT ETC. WHERE NO LONGER ANY SUCH MINISTER, OR DEPARTMENT ABOLISHED ETC.
19B(1)
Where:
(a)
reference is made in a provision of an Act to a particular Minister of State;
(b)
there is no longer any such Minister; and
(c)
the Governor-General, by order under this section, directs that the provision, or provisions that include the provision, shall have effect:
(i)
as if there were substituted for that reference a reference to a Minister or Ministers specified in the order: or
(ii)
as if, in so far as the provision applies in a particular respect specified in the order, being one of several respects so specified, there were substituted for that reference a reference to a Minister or Ministers specified in the order;
the provision shall, on and after the day specified in the order (which may be a day before the order is made), have effect accordingly for all purposes, including the purpose of the making of any subsequent order under this subsection or subsection 19BA(1), other than such an order that is expressed to have effect as if the first-mentioned order had not been made.
History
S 19B(1) amended by No 46 of 2011, s 3 and Sch 1 item 40, by substituting
"
on and after the day specified in the order (which may be a day before the order is made)
"
for
"
on and from the date of the order or such later date as is specified in the order
"
, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.
19B(2)
Where:
(a)
reference is made in a provision of an Act to a particular Department of State of the Commonwealth;
(b)
the Department has been abolished or the name of the Department has been changed; and
(c)
the Governor-General, by order under this section, directs that the provision, or provisions that include the provision, shall have effect:
(i)
as if there were substituted for that reference a reference to such Department as is specified in the order; or
(ii)
as if, in so far as the provision applies in a particular respect specified in the order, being one of several respects so specified, there were substituted for that reference a reference to such Department as is specified in the order;
the provision shall, on and after the day specified in the order (which may be a day before the order is made), have effect accordingly for all purposes, including the purpose of the making of any subsequent order under this subsection or subsection 19BA(2), other than such an order that is expressed to have effect as if the first-mentioned order had not been made.
History
S 19B(2) amended by No 46 of 2011, s 3 and Sch 1 item 40, by substituting
"
on and after the day specified in the order (which may be a day before the order is made)
"
for
"
on and from the date of the order or such later date as is specified in the order
"
, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.
19B(3)
Where:
(a)
reference is made in a provision of an Act to a particular office, being an office of Secretary of a Department within the meaning of the
Public Service Act 1999
;
(b)
the office has been abolished (whether by reason of the abolition of the Department or otherwise) or the name of the office has been changed; and
(c)
the Governor-General, by order under this section, directs that the provision, or provisions that include the provision, shall have effect:
(i)
as if there were substituted for that reference a reference to such office as is specified in the order; or
(ii)
as if, in so far as the provision applies in a particular respect specified in the order, being one of several respects so specified, there were substituted for that reference a reference to such office as is specified in the order;
the provision shall, on and after the day specified in the order (which may be a day before the order is made), have effect accordingly for all purposes, including the purpose of the making of any subsequent order under this subsection or subsection 19BA(3), other than such an order that is expressed to have effect as if the first-mentioned order had not been made.
History
S 19B(3) amended by No 46 of 2011, s 3 and Sch 1 item 40, by substituting
"
on and after the day specified in the order (which may be a day before the order is made)
"
for
"
on and from the date of the order or such later date as is specified in the order
"
, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part 1 heading.
S 19B(3) amended by No 146 of 1999.
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