Statute Update (Autumn 2018) Act 2018

(41 of 2018)

An Act to make various technical and minor amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes

[Assented to 22 May 2018]

The Parliament of Australia enacts:

Minister's second reading speech made in - House of Representatives on 28 March 2018,Senate on 9 May 2018

1 Short title

This Act is the Statute Update (Autumn 2018) Act 2018.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table 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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day after this Act receives the Royal Assent.	23 May 2018
2. Schedule 1, items 1 to 6	The 28th day after this Act receives the Royal Assent.	19 June 2018
3. Schedule 1, items 7 and 8	1 July 2017.	1 July 2017
4. Schedules 2 to 6	The 28th day after this Act receives the Royal Assent.	19 June 2018

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 Amendments of principal Acts

Criminal Code Act 1995

1 Paragraph 104.29(2)(i) of the Criminal Code

Omit "Crimes Act 1914.", substitute "Crimes Act 1914;".

Note: This item fixes a punctuation error.

Education Services for Overseas Students Act 2000

2 Subsection 149(1)

Omit "authorised employee", substitute "authorised officer".

Note: This item fixes a reference to an incorrect concept.

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

3 Subsection 3(1) (paragraph (a) of the definition of trade union)

Omit "Conciliation and Arbitration Act 1904", substitute "Fair Work (Registered Organisations) Act 2009".

Note: This item replaces a reference to a repealed Act with a reference to the correct current Act.

Renewable Energy (Electricity) Act 2000

4 Subsection 24(2) (note 1)

Omit "Chapter 3 of the Criminal Code", substitute "Part IA of the Crimes Act 1914".

Note: This item fixes an incorrect cross-reference.

5 Subsection 24(3) (note)

Omit "Chapter 3 of the Criminal Code", substitute "Part IA of the Crimes Act 1914".

Note: This item fixes an incorrect cross-reference.

6 Subsection 154(2) (note 1)

Omit "Chapter 3 of the Criminal Code", substitute "Part IA of the Crimes Act 1914".

Note: This item fixes an incorrect cross-reference.

Trade Support Loans Act 2014

7 Subsection 99(4) (formula)

Repeal the formula, substitute:

Substitute formula

8 Paragraph 99(5)(a)

Repeal the paragraph, substitute:

(a) the highest previous March quarter is the March quarter, before the most recent March quarter before the indexation day, with the highest index number (disregarding any March quarter that is earlier than the 2014 March quarter); and

Schedule 2 Chartered Accountants Australia and New Zealand

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

1 Section 5 (paragraph (b) of the definition of qualified accountant)

Omit "the Institute of Chartered Accountants in Australia", substitute "Chartered Accountants Australia and New Zealand".

Australian Research Council Act 2001

2 Subsection 58(2) (paragraph (c) of the definition of qualified auditor)

Omit "the Institute of Chartered Accountants in Australia", substitute "Chartered Accountants Australia and New Zealand".

National Land Transport Act 2014

3 Subsection 4(1) (subparagraph (c)(ii) of the definition of appropriate auditor)

Omit "the Institute of Chartered Accountants in Australia", substitute "Chartered Accountants Australia and New Zealand".

Natural Resources Management (Financial Assistance) Act 1992

4 Subsection 9(5) (paragraph (b) of the definition of qualified accountant)

Omit "the Institute of Chartered Accountants in Australia", substitute "Chartered Accountants Australia and New Zealand".

Schedule 3 Amendments consequential on the Acts and Instruments (Framework Reform) Act 2015

Food Standards Australia New Zealand Act 1991

1 At the end of subsection 6(1)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration: see subsection 54(1) of that Act.

2 Subsection 6(4)

Repeal the subsection.

3 At the end of subsection 23(1)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the guidelines: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the guidelines: see subsection 54(1) of that Act.

4 Subsection 23(4)

Repeal the subsection.

5 Subsection 82(2)

Omit ", but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the variation".

6 At the end of subsection 82(2)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the variation: see subsection 54(1) of that Act.

7 Subsection 82(7)

Omit "Legislative Instruments Act 2003", substitute "Legislation Act 2003".

8 Subsection 82(8)

Repeal the subsection, substitute:

When variation commences

(8) Despite subsection 12(1) of the Legislation Act 2003, a variation made under subsection (1) of this section commences on the day a copy of the variation is published as mentioned in subsection (7) of this section.

9 Section 94

Repeal the section, substitute:

94 Standards and variations are legislative instruments

A standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument.

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 54(1) of that Act.

10 Subsection 97(6)

Repeal the subsection, substitute:

Standards and variations are legislative instruments

(6) The standard, or the variation of the standard, in relation to which notice is published under subsection (4), is a legislative instrument.

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 54(1) of that Act.

11 At the end of subsection 106(1)

Add:

Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument of revocation or amendment: see subsection 44(1) of that Act.

Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument of revocation or amendment: see subsection 54(1) of that Act.

12 Subsection 106(6)

Repeal the subsection.

Schedule 4 Norfolk Island

Bankruptcy (Estate Charges) Act 1997