Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Honourable Robert McClelland MP)Schedule 2 - consequential amendments
Aboriginal and Torres Strait Islander Act 2005
Item 1 - At the end of subsection 143M(1)
1. Subsection 143M(1) deals with acting member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 2 - Subsection 143M(5)
2. This item repeals subsection 143M(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Item 1 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 3 - Subsection 144F(4)
Item 4 - Subsection 144F(5)
3. These items update cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.
Item 5 - Subsection 144L(1)
4. This item removes the number (1) from subsection 144L(1) because item 7 repeals subsection 144L(2), therefore the text that is currently in subsection 144L(1) will become the only text in this section.
Item 6 - At the end of subsection 144L(1)
5. Subsection 144L(1) deals with acting Torres Strait Regional Authority General Manager appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 7 - Subsection 144L(2)
6. This item repeals subsection 144L(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Item 6 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 8 - Subsection 144ZP(1)
7. This item removes the number (1) from subsection 144ZP(1) because item 10 repeals subsection 144ZP(2), therefore the text that is currently in subsection 144ZP(1) will become the only text in this section.
Item 9 - At the end of subsection 144ZP(1)
8. Subsection 144ZP(1) deals with acting Torres Strait Regional Authority Administrator appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 10 - Subsection 144ZP(2)
9. This item repeals subsection 144ZP(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Item 9 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 11 - At the end of subsection 162(1)
10. Subsection 162(1) deals with acting Indigenous Business Australia Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 12 - At the end of subsections 162(2) and (3)
11. Subsections 162(1) and (2) deal with acting Deputy Chairperson of the Indigenous Business Australia Board and Indigenous Business Australia Director appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 13 - Subsection 162(5)
12. This item repeals subsection 162(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Items 11 and 12 add notes to refer readers to section 33A of the Acts Interpretation Act.
Item 14 - Subsection 172(1)
13. This item removes the number (1) from subsection 172(1) because item 16 repeals subsection 172(2), therefore the text that is currently in subsection 172(1) will become the only text in this section.
Item 15 - At the end of subsection 172(1)
14. Subsection 172(1) deals with acting Indigenous Business Australia General Manager arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 16 - Subsection 172(2)
15. This item repeals subsection 172(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Item 15 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 17 - Subsection 190(3)
Item 18 - Subsection 190(4)
16. These items update cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.
Item 19 - At the end of subsection 192E(1)
17. Subsection 192E(1) deals with acting Indigenous Land Corporation Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 20 - At the end of subsections 192E(2) and (3)
18. Subsections 192E(2) and (3) deal with acting Deputy Chairperson of the Indigenous Land Corporation Board and Indigenous Land Corporation Director appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 21 - Subsection 192E(5)
19. This item repeals subsection 192E(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Items 19 and 20 add notes to refer readers to section 33A of the Acts Interpretation Act.
Item 22 - Subsection 192P(1)
20. This item removes the number (1) from subsection 192P(1) because item 24 repeals subsection 192P(2), therefore the text that is currently in subsection 192P(1) will become the only text in this section.
Item 23 - At the end of subsection 192P(1)
21. Subsection 192P(1) deals with acting Indigenous Land Corporation General Manager appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 24 - Subsection 192P(2)
22. This item repeals subsection 192P(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal and Torres Strait Islander Act 2005 . Item 23 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 25 - Subsection 200C(2) (note 1)
23. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Aboriginal Land Rights (Northern Territory) Act 1976
Item 26 - Section 3AAA (note)
Item 27 - Subsection 3AA(1) (note)
24. Both of these notes refer to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so these amendments update the cross-references.
Item 28 - Subsection 20J(1)
25. This item removes the number (1) from subsection 20J(1) because item 30 repeals subsection 20J(2), therefore the text that is currently in subsection 20J(1) will become the only text in this section.
Item 29 - Subsection 20J(1) (note)
26. Subsection 20J(1) deals with acting Executive Director appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 30 - Subsection 20J(2)
27. This item repeals subsection 20J(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aboriginal Land Rights (Northern Territory) Act 1976 . Item 29 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 31 - Subsection 28D(2)
28. This item updates a cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.
Administrative Appeals Tribunal Act 1975
Item 32 - Subsection 24M(1)
29. This item removes the number (1) from subsection 24M(1) because item 34 repeals subsections 24M(2) and (3), therefore the text that is currently in subsection 24M(1) will become the only text in this section.
Item 33 - At the end of subsection 24M(1)
30. Subsection 24M(1) deals with acting Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 34 - Subsections 24M(2) and (3)
31. Subsections 24M(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 33 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Admiralty Act 1988
Item 35 - Subsection 41(5)
32. Section 41 of the Admiralty Act provides a rule making power. Subsection 41(5) refers to Part XII of the Acts Interpretation Act, which is being renumbered by item 110 in Schedule 1 to this Bill. The provisions relating to the making of Admiralty Rules were amended by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore this reference is obsolete. Accordingly, this item repeals subsection (5).
Aged Care Act 1997
Item 36 - Paragraph 22-5(2)(a)
Item 37 - Subsection 39-4(2)
33. These items remove asterisks that are printed before the references to 'business days' in paragraph 22-5(2)(a) and subsection 39-4(2) of the Aged Care Act 1997 . Items 36 and 37 repeal the definitions of 'business day' in the Aged Care Act 1997 so that the new definition of 'business day' being included in the Acts Interpretation Act will apply (see item 4 of Schedule 1).
Item 38 - Subsection 44-11(1) (paragraph (aa) of the definition of member of a couple)
34. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 39 - Subparagraph 91-1(1)(a)(ii)
35. This item removes an asterisk that is printed before the reference to 'business days' in subparagraph 91-1(1)(a)(ii) of the Aged Care Act 1997 . Item 39 repeals the definition of 'business day' in the Aged Care Act 1997 so that the new definition of 'business day' being included in the Acts Interpretation Act will apply (see item 4 of Schedule 1).
Item 40 - Subsection 95A-3(1)
36. This item removes the number (1) from subsection 95A-3(1) because item 42 repeals subsection 95A-3(2), therefore the text that is currently in subsection 95A-3(1) will become the only text in this section.
Item 41 - At the end of subsection 95A-3(1)
37. Subsection 95A-3(1) deals with acting Aged Care Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 42 - Subsections 95A-3(2)
38. This item repeals subsection 95A-3(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Aged Care Act 1997 . Item 41 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 43 - Clause 1 of Schedule 1 (definition of business day)
39. The definition of 'business day' in Schedule 1 to the Aged Care Act 1997 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994
Item 44 - Subsection 3(1) (definition of document)
40. The definition of 'document' in subsection 3(1) of the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Agricultural and Veterinary Chemicals Act 1994
Item 45 - Subsection 3(3)
41. Subsection 3(3) of the Agricultural and Veterinary Chemicals Act 1994 refers to the interpretation of a reference to the law of the Commonwealth as currently set out in subsection 22(3) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this provision to new section 2H, so this item updates the cross-reference.
Agricultural and Veterinary Chemicals (Administration) Act 1992
Item 46 - Section 18 (note)
42. The note to section 18 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.
Item 47 - At the end of subsection 43(1)
43. Subsection 43(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 48 - Subsection 43(5)
44. This item repeals subsection 43(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Agricultural and Veterinary Chemicals (Administration) Act 1992 . Item 47 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Agricultural and Veterinary Chemicals Code Act 1994
Item 49 - Section 9
45. Section 9 of the Agricultural and Veterinary Chemicals Code Act 1994 refers to subsection 13(2) of the Acts Interpretation Act. As section 13 is re-written by item 22 of Schedule 1 to this Bill, this item updates the cross-reference so it is to subsection 13(1) of the Acts Interpretation Act.
Item 50 - Subsection 3(1) of the Code set out in the Schedule (definition of document)
46. The definition of 'document' in subsection 3(1) of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Item 51 - Subparagraph 56D(5)(a)(viii) of the Code set out in the Schedule
47. This item updates a reference to 'Standards Australia International Limited' due to the new definition being added to the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Air Navigation Act 1920
Item 52 - Subsection 11A(4) (definition of Australian citizen)
48. The definition of 'Australian citizen' in subsection 11A(4) of the Air Navigation Act 1920 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Airports Act 1996
Item 53 - Subsection 71(8)
49. This item updates a reference to 'Australian Standard AS2021 - 1994' in the Airports Act 1996 to reflect the new rule for interpreting Australian Standards numbers in the Acts Interpretation Act (see new section 2L inserted by item 4 of Schedule 1 to this Bill).
Item 54 - Subsection 89(4) (note)
50. The note to subsection 89(4) refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.
Item 55 - Subsection 91(6)
Item 56 - Paragraph 100(2)(d)
Item 57 - Paragraph 107(2)(d)
Item 58 - Subsection 132(3A)
Item 59 - Subsection 133(3A)
51. These items update references to 'the Standards Association of Australia' and 'Australian Standard AS2021 - 1994' in the Airports Act 1996 to reflect the new definition in the Acts Interpretation Act and the new rule for interpreting Australian Standards numbers (see new section 2L inserted by item 4 of Schedule 1 to this Bill).
Airports (Transitional) Act 1996
Item 60 - Subsection 55(3)
52. The definition of 'modifications' in subsection 55(3) of the Airports (Transitional) Act 1996 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Air Services Act 1995
Item 61 - At the end of subsections 33(1). (3) and (4)
53. Subsections 33(1), (3) and (4) deal with acting Chairperson, Deputy Chairperson and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 62 - Subsection 33(5)
54. This item repeals subsection 33(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Air Services Act 1995 . Item 61 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 63 - At the end of subsection 41(1)
55. Subsection 41(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 64 - Subsection 41(4)
56. This item repeals subsection 41(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Air Services Act 1995 . Item 63 adds a note to refer readers to section 33A of the Acts Interpretation Act.
A New Tax System (Medicare Levy Surcharge - Fringe Benefits) Act 1999
Item 65 - Paragraph 7(1)(a)
57. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Antarctic Treaty (Environment Protection) Act 1980
Item 66 - Subsection 3(1) (definition of continental shelf)
58. The definition of 'continental shelf' in subsection 3(1) of the Antarctic Treaty (Environment Protection) Act 1980 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Item 67 - Subsection 164(1) (note 1)
59. The note to subsection 164(1) refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.
Item 68 - subsection 214(3) (note)
60. The note to subsection 214(3) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 69 - Subsection 221(1)
61. This item removes the number (1) from subsection 221(1) because item 71 repeals subsection 221(2), therefore the text that is currently in subsection 221(1) will become the only text in this section.
Item 70 - At the end of subsection 221(1)
62. Subsection 221(1) deals with acting Australian Transaction Reports and Analysis Centre Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 71 - Subsection 221(2)
63. This item repeals subsection 221(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 . Item 70 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 72 - Paragraph 249(b)
64. Paragraph 249(b) refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.
Anti-Personnel Mines Convention Act 1998
Item 73 - Subsection 8(1) (note)
Item 74 - Subsections 13(3) and (4) (note)
65. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.
Archives Act 1983
Item 75 - Subsection 3(1) (note at the end of the definition of record)
66. The definition of 'record' in subsection 3(1) of the Archives Act 1983 includes the word 'document'. There is a note at the end of the definition that refers readers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves the definition of 'document' to new section 2B in new Part 2 of the Acts Interpretation Act, so this item updates the note so readers are referred to the correct section of the Acts Interpretation Act.
Item 76 - Subsection 3C(1) (note)
67. The note in subsection 3C(1) of the Archives Act 1983 refers to subsection 46(3) of the Acts Interpretation Act. Subsection 46(3) is being moved by Schedule 1 to this Bill, so the note is being updated with a revised cross-reference to subsection 33(3AB) (see items 71 and 106 of Schedule 1).
Auditor-General Act 1997
Item 77 - Subsection 56(3) (definition of modifications)
68. The definition of 'modifications' in subsection 56(3) of the Auditor-General Act 1997 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 78 - At the end of subclause 7(1) of Schedule 1
69. Subclause 7(1) of Schedule 1 to the Auditor-General Act 1997 makes provision for acting Auditor-General appointments. A note is being added to refer readers to section 33A of the Acts Interpretation Act so that they are aware of the general rules in that section.
Item 79 - Subclause 7(2) of Schedule 1
70. Subclause 7(2) of Schedule 1 to the Auditor-General Act 1997 specifies certain instances when an acting appointment is not invalid. These rules are being specified in section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill), so the subclause is being repealed to avoid repetition.
Item 80 - Subclause 7(3) of Schedule 1 (note)
71. This item repeals the note at the end of subclause 7(3) (which refers readers to section 33A of the Acts Interpretation Act) because the note that is being added to subclause 7(1) by item 78 will serve the same purpose.
Item 81 - Subclause 6(1) of Schedule 2
72. This item removes the number (1) from existing subclause 6(1) because item 83 repeals subclause 6(2), therefore the text that is currently in subclause 6(1) will become the only text in this clause.
Item 82 - At the end of subclause 6(1) of Schedule 2
73. Item 83 removes some text that has now been included in section 33A of the Acts Interpretation Act, so item 82 inserts a note to refer readers to section 33A of the Acts Interpretation Act.
Item 83 - Subclause 6(2) of Schedule 2
74. Clause 6 of Schedule 2 to the Auditor-General Act 1997 deals with acting Independent Auditor appointments. Subclause 6(2) sets out certain conditions when action is not invalid. These same conditions are being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) therefore subclause 6(2) is being repealed to avoid repetition. Item 82 adds a note to clause 6 to refer readers to section 33A of the Acts Interpretation Act.
AusCheck Act 2007
Item 84 - Subsection 4(1) (note at the end of the definition of AusCheck staff member)
75. This note refers to the definition of 'APS employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 85 - Subsection 12(1) (note)
76. This note refers to the definitions of 'APS employee', 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Australia Council Act 1975
Item 86 - Subsection 15(1)
77. This item removes the reference to subsection 15(2) because item 88 repeals subsection 15(2).
Item 87 - At the end of subsection 15(1)
78. Section 15 of the Australia Council Act 1975 deals with acting Chairperson appointments. This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.
Item 88 - Subsection 15(2)
79. Subsection 20(2) provides that 'A person appointed under subsection (1) to act as Chairperson shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australia Council Act 1975 and due to the note added by item 87, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 89 - At the end of subsection 15(3)
80. Section 15 of the Australia Council Act 1975 deals with acting Chairperson of the Council arrangements. This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.
Item 90 - Subsections 15(4). (5) and (7)
81. Subsections 15(4), (5) and (7) (ie. not subsection (6) as this is specific to the Australia Council) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 94 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 91 - Subsection 19E(1)
82. This item removes the number (1) from subsection 19E(1) because item 95 repeals subsections 19E(2) to (6), therefore the text that is currently in subsection 19E(1) will become the only text in this section.
Item 92 - Paragraph 19E(1)(b)
83. This item replaces the semicolon after the phrase 'General Manager' with a full stop because item 93 removes the text that currently follows the phrase 'General Manager'.
Item 93 - Subsection 19E(1)
84. Subsection 19E(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australia Council Act 1975 and due to the note added by item 94, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 94 - At the end of subsection 19E(1)
85. Section 19E of the Australia Council Act 1975 deals with acting General Manager appointments. This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.
Item 95 - Subsections 19E(2) to (6)
86. Subsections 19E(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 94 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 96 - Paragraph 28(1)(b)
87. This item replaces the semicolon after the word 'Chairperson' with a full stop because item 97 removes the text that currently follows the word 'Chairperson'.
Item 97 - Subsection 28(1)
88. Subsection 28(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australia Council Act 1975 and due to the note added by item 98, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 98 - At the end of subsection 28(1)
89. Section 28 of the Australia Council Act 1975 deals with acting Chairperson of the Board appointments. This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.
Item 99 - Subsections 28(2) to (4) and (7)
90. Subsections 28(2) to (4) and (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 98 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Astronomical Observatory Act 2010
Item 100 - Subsection 9(2) (note 2)
91. This note refers to the definition of 'SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 101 - Subsection 10(1)
92. This item removes the number (1) from subsection 10(1) because item 105 repeals subsection 10(2), therefore the text that is currently in subsection 10(1) will become the only text in this section.
Item 102 - Subsection 10(1) (note)
93. This item labels the existing note at the end of subsection 10(1) 'note 1' because item 104 adds another note to this subsection.
Item 103 - Subsection 10(1) (note)
94. This note refers to the definition of 'APS employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 104 - At the end of subsection 10(1)
95. Subsection 10(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 105 - Subsection 10(2)
96. This item repeals subsection 10(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Astronomical Observatory Act 2010 . Item 104 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 106 - Subsection 15(2) (note)
97. The note to subsection 15(2) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Australian Broadcasting Corporation Act 1983
Item 107 - Subsection 19(1)
98. This item removes the number (1) from subsection 19(1) because item 109 repeals subsections 19(2), (3) and (4). Therefore, the text that is currently in subsection 19(1) will become the only text in this section.
Item 108 - At the end of subsection 19(1)
99. Subsection 19(1) deals with acting Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 109 - Subsections 19(2). (3) and (4)
100. Subsections 19(2), (3) and (4) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 108 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 110 - Paragraph 20(1)(b)
101. This item replaces the semicolon after the word 'office' with a full stop because item 111 removes the text that currently follows the word 'office'.
Item 111 - Subsection 20(1)
102. Subsection 20(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Broadcasting Corporation Act 1983 and due to the note added by item 112, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 112 - At the end of subsection 20(1)
103. Subsection 20(1) deals with acting Managing Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 113 - Subsections 20(2). (5). (7) and (9)
104. Subsections 20(2), (5), (7) and (9) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 112 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 114 - At the end of subsection 21(1)
105. Subsection 21(1) deals with acting non-executive Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 115 - Subsections 21(4). (5) and (6)
106. Subsections 21(4), (5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 114 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Bureau of Statistics Act 1975
Item 116 - Subsection 15(1)
107. Subsection 15(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Bureau of Statistics Act 1975 and due to the note added by item 117, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 117 - At the end of subsection 15(1)
108. Subsection 15(1) deals with acting Statistician appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 118 - Subsections 15(2). (3). (5) and (6)
109. Subsections 15(2), (3), (5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 117 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Capital Territory Government Service (Consequential Provisions) Act 1994
Item 119 - Subsection 23(2)
110. Subsection 23(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill, therefore the cross-reference is being updated.
Australian Capital Territory (Planning and Land Management) Act 1988
Item 120 - At the end of subsections 37(1). (2) and (3)
111. Section 37 of the Australian Capital Territory (Planning and Land Management) Act 1988 concerns acting appointments. This item adds a note at the end of subsections 37(1), (2) and (3) to refer readers to section 33A of the Acts Interpretation Act. This is so that readers of the Australian Capital Territory (Planning and Land Management) Act 1988 are aware of the amendments to the Acts Interpretation Act made by Schedule 1 to this Bill to the rules about acting appointments. That is, item 76 of Schedule 1 adds new subsections to section 33A.
Item 121 - Subsections 37(4) and (5)
112. Subsections 37(4) and (5) are being repealed. Subsection 37(4) provides that 'a person appointed to act during a vacancy shall not continue so to act for a continuous period of more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'.
113. Subsection 37(5) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.
114. Therefore these rules do not need to be repeated in the Australian Capital Territory (Planning and Land Management) Act 1988 and due to the note added by item 120, readers will know to refer to section 33A of the Acts Interpretation Act.
Australian Centre for International Agricultural Research Act 1982
Item 122 - Subsection 14(1)
115. This item removes the number (1) from subsection 14(1) because item 124 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.
Item 123 - Subsection 14(1) (note)
116. Subsection 14(1) deals with acting Commissioner appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 124 - Subsection 14(2)
117. This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Centre for International Agricultural Research Act 1982 . Item 123 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 125 - Subsection 29(1)
118. This item removes the number (1) from subsection 29(1) because item 127 repeals subsection 29(2), therefore the text that is currently in subsection 29(1) will become the only text in this section.
Item 126 - Subsection 29(1) (note)
119. Subsection 29(1) deals with acting CEO appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 127 - Subsection 29(2)
120. This item repeals subsection 29(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Centre for International Agricultural Research Act 1982 . Item 126 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Centre for Renewable Energy Act 2010
Item 128 - Section 9 (note)
121. The note to section 9 of the Australian Centre for Renewable Energy Act 2010 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 129 - At the end of subsection 10(1)
122. Subsection 10(1) deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 130 - Subsection 10(2) (note)
123. Subsection 10(2) deals with acting appointed member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 131 - Subsection 10(3)
124. This item repeals subsection 10(3) of the Australian Centre for Renewable Energy Act 2010 as it specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Centre for Renewable Energy Act 2010 . Item 130 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Communications and Media Authority Act 2005
Item 132 - Paragraph 8(1)(e)
Item 133 - Paragraph 9(d)
125. These items update references to 'Standards Australia International Limited' in the Australian Communications and Media Authority Act 2005 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Item 134 - At the end of subsections 23(1) and (2)
126. Subsections 23(1) and (2) deal with acting member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 135 - Subsection 23(3)
127. This item repeals subsection 23(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Communications and Media Authority Act 2005 . Item 134 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 136 - Subsection 26(1)
128. This item removes the number (1) from subsection 26(1) because item 138 repeals subsection 26(2). Therefore, the text that is currently in subsection 26(1) will become the only text in this section.
Item 137 - At the end of subsection 26(1)
129. Subsection 26(1) deals with acting associate member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 138 - Subsection 26(2)
130. This item repeals subsection 26(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Communications and Media Authority Act 2005 . Item 137 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Crime Commission Act 2002
Item 139 - Subsection 46(1)
131. This item removes the number (1) from subsection 46(1) because item 141 repeals subsection 46(2), therefore the text that is currently in subsection 46(1) will become the only text in this section.
Item 140 - At the end of subsection 46(1)
132. Subsection 46(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 141 - Subsection 46(2)
133. This item repeals subsection 46(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Crime Commission Act 2002 . Item 140 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Curriculum, Assessment and Reporting Authority Act 2008
Item 142 - Subsection 14(1) (note)
134. The note to subsection 14(1) of the Australian Curriculum, Assessment and Reporting Authority Act 2008 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 143 - At the end of subsection 15(1)
135. Subsection 15(1) deals with acting Chair arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 144 - Subsections 15(2) and (3)
136. Subsections 15(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 143 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 145 - At the end of subsection 15(4)
137. Subsection 15(4) deals with acting Deputy Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 146 - Subsection 15(5)
138. This item repeals subsection 15(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Curriculum, Assessment and Reporting Authority Act 2008 . Item 145 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 147 - Subsection 25(1) (note)
139. The note to subsection 25(1) of the Australian Curriculum, Assessment and Reporting Authority Act 2008 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 148 - Subsection 26(1)
140. This item removes the number (1) from subsection 26(1) because item 150 repeals subsection 26(2), therefore the text that is currently in subsection 26(1) will become the only text in this section.
Item 149 - At the end of subsection 26(1)
141. Subsection 26(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 150 - Subsection 26(2)
142. This item repeals subsection 26(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Curriculum, Assessment and Reporting Authority Act 2008 . Item 149 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Federal Police Act 1979
Item 151 - Subsection 18(1)
143. Subsection 18(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Federal Police Act 1979 and due to the note added by item 152, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 152 - At the end of subsection 18(1)
144. Subsection 18(1) deals with acting Commissioner and Deputy Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 153 - Subsections 18(3). (4) and (5)
145. Subsections 18(3), (4) and (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 152 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Film, Television and Radio School Act 1973
Item 154 - At the end of subsection 31(1)
146. Section 31 of the Australian Film, Television and Radio School Act 1973 makes provision for an acting Director. This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.
Item 155 - Subsections 31(3) to (7)
147. Section 31 of the Australian Film, Television and Radio School Act 1973 makes provision for an acting Director. Subsections 31(3) to (7) repeat general rules in relation to acting appointments that can be found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill), therefore subsections 31(3) to (7) are being repealed to avoid repetition.
Australian Hearing Services Act 1991
Item 156 - Subsections 8(4). (5). (6). (7) and (8) (note)
148. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 157 - At the end of subsections 32(1) and (2)
149. Subsections 32(1) and (2) deal with acting Chairperson and Director appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 158 - Subsections 32(3) and (4)
150. Subsections 32(3) and (4) are being repealed. Subsection 32(3) provides that 'A person appointed to act during a vacancy under paragraph (1)(a) or (2)(a) must not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'.
151. Subsection 32(4) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.
152. Therefore these rules do not need to be repeated in the Australian Hearing Services Act 1991 and due to the notes added by item 157, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 159 - Paragraph 48(1)(b)
153. This item replaces the semicolon after the word 'office' with a full stop because item 160 removes the text that currently follows the word 'office'.
Item 160 - Subsection 48(1)
154. Subsection 48(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Hearing Services Act 1991 and due to the note added by item 161, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 161 - At the end of subsection 48(1)
155. Subsection 48(1) deals with acting Managing Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 162 - Subsection 48(4)
156. This item repeals subsection 48(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Hearing Services Act 1991 . Item 161 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Human Rights Commission Act 1986
Item 163 - At the end of subsections 36(2) and (3)
157. Subsections 36(2) and (3) deal with acting President and Human Rights Commissioner appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 164 - Subsection 36(10)
158. This item repeals subsection 36(10) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Human Rights Commission Act 1986 . Item 163 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 165 - Subsection 46J(1)
159. This item removes the number (1) from subsection 46J(1) because item 167 repeals subsection 46J(2), therefore the text that is currently in subsection 46J(1) will become the only text in this section.
Item 166 - At the end of subsection 46J(1)
160. Subsection 46J(1) deals with acting Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 167 - Subsection 46J(2)
161. This item repeals subsection 46J(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Human Rights Commission Act 1986 . Item 166 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Information Commissioner Act 2010
Item 168 - Subsection 14(4) (note)
162. The note to subsection 14(4) of the Australian Information Commissioner Act 2010 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 169 - At the end of subsection 21(1)
163. Subsection 21(1) of the Australian Information Commissioner Act 2010 deals with acting appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 170 - Subsections 21(2) and (4)
164. Section 21 of the Australian Information Commissioner Act 2010 makes provision for an acting Information Commissioner. Subsections 21(2) and (4) repeat general rules in relation to acting appointments that can be found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill), therefore subsections 21(2) and (4) are being repealed to avoid repetition.
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989
Item 171 - At the end of subsection 18(1)
165. Subsection 18(1) deals with acting Council Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 172 - At the end of subsections 18(2) and (5)
166. Subsections 18(2) and (5) deal with acting appointed Councillor and elected Councillor appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 173 - Subsection 18(7)
167. This item repeals subsection 18(7) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 . Items 171 and 172 add notes to refer readers to section 33A of the Acts Interpretation Act.
Australian Institute of Health and Welfare Act 1987
Item 174 - Subsection 9(1)
168. This item removes the number (1) from subsection 9(1) because item 178 repeals subsections 9(2) to (7), therefore the text that is currently in subsection 9(1) will become the only text in this section.
Item 175 - Paragraph 9(1)(b)
169. This item replaces the semicolon after the word 'office' with a full stop because item 176 removes the text that currently follows the word 'office'.
Item 176 - Subsection 9(1)
170. Subsection 9(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Institute of Health and Welfare Act 1987 and due to the note added by item 177, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 177 - At the end of subsection 9(1)
171. Subsection 9(1) deals with acting Chairperson, Director and member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 178 - Subsections 9(2) to (7)
172. Subsections 9(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 177 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Institute of Marine Science Act 1972
Item 179 - Subsection 30(1)
173. This item removes the number (1) from subsection 30(1) because item 183 repeals subsections 30(2) to (7), therefore the text that is currently in subsection 30(1) will become the only text in this section.
Item 180 - Paragraph 30(1)(b)
174. This item replaces the semicolon after the word 'office' with a full stop because item 181 removes the text that currently follows the word 'office'.
Item 181 - Subsection 30(1)
175. Subsection 30(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Institute of Marine Science Act 1972 and due to the note added by item 182, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 182 - At the end of subsection 30(1)
176. Subsection 30(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 183 - Subsections 30(2) to (7)
177. Subsections 30(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 182 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Law Reform Commission Act 1996
Item 184 - At the end of subsections 13(1) and (2)
178. Subsections 13(1) and (2) deal with acting President and Deputy President appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 185 - Subsection 13(4)
179. This item repeals subsection 13(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Law Reform Commission Act 1996 . Item 184 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 186 - Subsection 14(1)
180. This item removes the number (1) from subsection 14(1) because item 188 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.
Item 187 - At the end of subsection 14(1)
181. Subsection 14(1) deals with acting full-time member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 188 - Subsection 14(2)
182. This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Law Reform Commission Act 1996 . Item 187 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Maritime Safety Authority Act 1990
Item 189 - At the end of subsections 18(1). (2) and (3)
183. Subsections 18(1), (2) and (3) deal with acting Chairperson, Deputy Chairperson and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 190 - Subsections 18(5) and (6)
184. Subsections 18(5) and (6) are being repealed. Subsection 18(5) provides that 'a person appointed to act during a vacancy must not continue so to act for more than 12 months.' This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'.
185. Subsection 18(6) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.
186. Therefore these rules do not need to be repeated in the Australian Maritime Safety Authority Act 1990 and due to the notes added by item 189, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 191 - Paragraph 54(1)(b)
187. This item replaces the semicolon after the word 'office' with a full stop because item 192 removes the text that currently follows the word 'office'.
Item 192 - Subsection 54(1)
188. Subsection 54(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Maritime Safety Authority Act 1990 and due to the note added by item 193, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 193 - At the end of subsection 54(1)
189. Subsection 54(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 194 - Subsection 54(4)
190. This item repeals subsection 54(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Maritime Safety Authority Act 1990 . Item 193 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian National Maritime Museum Act 1990
Item 195 - Subsection 3(1) (definition of continental shelf)
191. The definition of continental shelf in subsection 3(1) of the Australian National Maritime Museum Act 1990 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 196 - At the end of subsections 18(1) and (2)
192. Section 18 of the Australian National Maritime Museum Act 1990 deals with acting members. This item adds a note to refer readers to section 33A of the Acts Interpretation Act which sets out general rules for acting appointments.
Item 197 - Subsections 18(3) and (4)
193. Section 18 of the Australian National Maritime Museum Act 1990 deals with acting member appointments. Subsections 18(3) and (4) are being repealed. Subsection 18(3) provides that 'A person appointed under this section to act during a vacancy shall not continue to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'.
194. Subsection 18(4) provides a rule about acting appointments that is the same as the amendments to section 33A of the Acts Interpretation Act made by item 76 of Schedule 1.
195. Therefore these rules do not need to be repeated in the Australian National Maritime Museum Act 1990 and due to the note added by item 196, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 198 - Subsection 38(1)
196. Section 38 of the Australian National Maritime Museum Act 1990 makes provision for an acting Director. This item repeals subsection (1) because item 202 repeals subsection 38(2), therefore the text that is currently in subsection 38(1) will become the only text in this section.
Item 199 - Paragraph 38(1)(b)
197. This item replaces the semicolon after the word 'Director' with a full stop because item 200 removes the text that currently follows the word 'Director'.
Item 200 - Subsection 38(1)
198. This item removes the text 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months' because this is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian National Maritime Museum Act 1990 .
Item 201 - At the end of subsection 38(1)
199. Section 38 of the Australian National Maritime Museum Act 1990 makes provision for an acting Director. Item 202 repeals subsection 38(2) (which specifies certain conditions when actions taken will not be invalid) and this is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill). Therefore a note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 202 - Subsection 38(2)
200. This item repeals subsection 38(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian National Maritime Museum Act 1990 . Item 201 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian National University Act 1991
Item 203 - Subsection 37(1)
201. This item removes the number (1) from subsection 37(1) because item 207 repeals subsection 37(2), therefore the text that is currently in subsection 37(1) will become the only text in this section.
Item 204 - Paragraph 37(1)(b)
202. This item replaces the semicolon after the word 'office' with a full stop because item 205 removes the text that currently follows the word 'office'.
Item 205 - Subsection 37(1)
203. Subsection 37(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian National University Act 1991 and due to the note added by item 206, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 206 - At the end of subsection 37(1)
204. Subsection 37(1) deals with acting executive officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 207 - Subsection 37(2)
205. This item repeals subsection 37(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian National University Act 1991 . Item 206 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Nuclear Science and Technology Organisation Act 1987
Item 208 - At the end of subsection 17(1)
206. Subsection 17(1) deals with acting Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 209 - Paragraph 17(2)(b)
207. This item replaces the semicolon after the word 'Deputy Chairperson' with a full stop because item 210 removes the text that currently follows the word 'Deputy Chairperson'.
Item 210 - Subsection 17(2)
208. Subsection 17(2) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Nuclear Science and Technology Organisation Act 1987 and due to the note added by item 211, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 211 - At the end of subsection 17(2)
209. Subsection 17(2) deals with acting Deputy Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 212 - Subsections 17(3). (4) and (6) to (8)
210. Subsections 17(3), (4) and (6) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 211 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 213 - Paragraph 23(1)(b)
211. This item replaces the semicolon after the word 'office' with a full stop because item 214 removes the text that currently follows the word 'office'.
Item 214 - Subsection 23(1)
212. Subsection 23(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Nuclear Science and Technology Organisation Act 1987 and due to the note added by item 215, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 215 - At the end of subsection 23(1)
213. Subsection 23(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 216 - Subsections 23(2). (5). (7) and (8)
214. Subsections 23(2), (5), (7) and (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 215 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Australian Organ and Tissue Donation and Transplantation Authority Act 2008
Item 217 - Section 15 (note)
215. The note to section 15 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), therefore the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 218 - Subsection 16(1)
216. This item removes the number (1) from subsection 16(1) because item 220 repeals subsection 16(2), therefore the text that is currently in subsection 16(1) will become the only text in this section.
Item 219 - At the end of subsection 16(1)
217. Subsection 16(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 220 - Subsection 16(2)
218. This item repeals subsection 16(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 . Item 219 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 221 - Subsection 34(3) (note)
219. The note to subsection 34(3) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), therefore the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 222 - At the end of subsection 36(1)
220. Subsection 36(1) deals with acting Chair of the Advisory Council appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 223 - Subsection 36(3)
221. This item repeals subsection 36(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 . Item 222 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 224 - At the end of subsection 37(1)
222. Subsection 37(1) deals with acting Advisory Council member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 225 - Subsection 37(3)
223. This item repeals subsection 37(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Organ and Tissue Donation and Transplantation Authority Act 2008 . Item 224 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 226 - Subsection 46(2) (note)
224. The note to subsection 46(2) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), therefore the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Australian Passports Act 2005
Item 227 - Subparagraph 53(3)(ca)(i)
225. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Australian Postal Corporation Act 1989
Item 228 - At the end of subsections 82(1) and (2)
226. Subsections 82(1) and (2) deal with acting Deputy Chairperson and director appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 229 - Subsection 82(3)
227. This item repeals subsection 82(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Postal Corporation Act 1989 . Item 228 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 230 - Subsection 88(1)
228. This item removes the number (1) from subsection 88(1) because there is no subsection 88(2) and item 232 repeals subsection 88(3). Therefore, the text that is currently in subsection 88(1) will become the only text in this section.
Item 231 - At the end of subsection 88(1)
229. Subsection 88(1) deals with acting Managing Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 232 - Subsection 88(3)
230. This item repeals subsection 88(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Postal Corporation Act 1989 . Item 231 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 233 - Section 90E (definition of business day)
231. The definition of 'business day' in section 90E of the Australian Postal Corporation Act 1989 is being repealed because a definition of 'business day' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Australian Prudential Regulation Authority Act 1998
Item 234 - At the end of subsections 19(1). (2) and (3)
232. Subsections 19(1), (2) and (3) deal with acting member, Chair and Deputy Chair appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 235 - Subsection 19(5)
233. This item repeals subsection 19(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Prudential Regulation Authority Act 1998 . Item 234 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Australian Radiation Protection and Nuclear Safety Act 1998
Item 236 - Subsection 53(1)
234. This item removes the number (1) from subsection 53(1) because item 238 repeals subsection 53(2), therefore the text that is currently in subsection 53(1) will become the only text in this section.
Item 237 - At the end of subsection 53(1)
235. Subsection 53(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 238 - Subsection 53(2)
236. This item repeals subsection 53(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Radiation Protection and Nuclear Safety Act 1998 . Item 237 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Research Council Act 2001
Item 239 - Subsection 35(1)
237. This item removes the number (1) from subsection 35(1) because item 241 repeals subsection 35(2), therefore the text that is currently in subsection 35(1) will become the only text in this section.
Item 240 - At the end of subsection 35(1)
238. Subsection 35(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 241 - Subsection 35(2)
239. This item repeals subsection 35(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Research Council Act 2001 . Item 240 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian Security Intelligence Organisation Act 1979
Item 242 - Subsection 34G(5) (note 1)
240. The note to subsection 34G(5) refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Australian Sports Anti-Doping Authority Act 2006
Item 243 - Section 24B (note)
241. The note to section 24B of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 244 - Subsection 24C(1)
242. Section 24C of the Australian Sports Anti-Doping Authority Act 2006 makes provision for an acting CEO. This item repeals subsection (1) because item 246 repeals subsection 24C(2), therefore the text that is currently in subsection 24C(1) will become the only text in this section.
Item 245 - At the end of subsection 24C(1)
243. Section 24C of the Australian Sports Anti-Doping Authority Act 2006 makes provision for an acting CEO. Item 246 repeals subsection 24C(2) (which specifies certain conditions when actions taken will not be invalid) and this is a rule that is being added to section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill). Therefore a note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 246 - Subsection 24C(2)
244. This item repeals subsection 24C(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006 . Item 245 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 247 - Subsection 27(1) (note)
245. The note to subsection 27(1) of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 248 - Section 28 (note)
246. The note to subsection 28 of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 249 - At the end of subsections 29(1) and (2)
247. Section 29 of the Australian Sports Anti-Doping Authority Act 2006 deals with acting Advisory Group members appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 250 - Subsection 29(4)
248. This item repeals subsection 29(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006 . Item 249 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 251 - Section 44 (note)
249. The note to section 44 of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 252 - At the end of subsections 45(1) and (2)
250. Section 45 of the Australian Sports Anti-Doping Authority Act 2006 deals with acting Anti-Doping Rule Violation Panel members. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 253 - Subsection 45(3)
251. This item repeals subsection 45(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006 . Item 252 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 254 - Subsection 54(1) (note)
252. The note to subsection 54(1) of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 255 - Section 55 (note)
253. The note to section 55 of the Australian Sports Anti-Doping Authority Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 256 - At the end of subsections 56(1) and (2)
254. Section 56 of the Australian Sports Anti-Doping Authority Act 2006 deals with acting Chair of the Australian Sports Drug Medical Advisory Committee appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 257 - Subsection 56(4)
255. This item repeals subsection 56(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Anti-Doping Authority Act 2006 . Item 256 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 258 - Section 69 (note)
256. The note to section 69 of the Australian Sports Anti-Doping Authority Act 2006 refers to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.
Australian Sports Commission Act 1989
Item 259 - Paragraph 20(1)(b)
257. This item replaces the semicolon after the word 'Chairperson' with a full stop because item 260 removes the text that currently follows the word 'Chairperson'.
Item 260 - Subsection 20(1)
258. Subsection 20(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 261, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 261 - At the end of subsection 20(1)
259. Subsection 20(1) of the Australian Sports Commission Act 1989 deals with acting Chairperson appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 262 - Paragraph 20(2)(b)
260. This item replaces the semicolon after the phrase 'Deputy Chairperson' with a full stop because item 263 removes the text that currently follows the phrase 'Deputy Chairperson'.
Item 263 - Subsection 20(2)
261. Subsection 20(2) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 264, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 264 - At the end of subsection 20(2)
262. Subsection 20(2) of the Australian Sports Commission Act 1989 deals with acting Deputy Chairperson appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 265 - Paragraph 20(3)(b)
263. This item replaces the semicolon after the word 'member' with a full stop because item 266 removes the text that currently follows the word 'member'.
Item 266 - Subsection 20(3)
264. Subsection 20(3) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 267, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 267 - At the end of subsection 20(3)
265. Subsection 20(3) of the Australian Sports Commission Act 1989 deals with acting member appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 268 - Subsection 20(4)
266. This item repeals subsection 20(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Commission Act 1989 . Items 261, 264 and 267 add notes to subsections 20(1), (2) and (3) to refer readers to section 33A of the Acts Interpretation Act.
Item 269 - Subsection 39(1)
267. This item removes the number (1) from subsection 39(1) because item 273 repeals subsection 39(2), therefore the text that is currently in subsection 39(1) will become the only text in this section.
Item 270 - Paragraph 39(1)(b)
268. This item replaces the semicolon after the word 'office' with a full stop because item 271 removes the text that currently follows the word 'office'.
Item 271 - Subsection 39(1)
269. Subsection 39(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Sports Commission Act 1989 and due to the note added by item 272, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 272 - At the end of subsection 39(1)
270. Subsection 39(1) of the Australian Sports Commission Act 1989 deals with acting Executive Director appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 273 - Subsection 39(2)
271. This item repeals subsection 39(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Sports Commission Act 1989 . Item 272 adds a note to subsection 39(1) to refer readers to section 33A of the Acts Interpretation Act.
Item 274 - Subsection 54(1)
272. This item adds a reference to section 39 because item 275 removes the reference to subsection 39(1) which will no longer exist due to the amendments made by item 269.
Item 275 - Subsection 54(1)
273. Section 54 deals with delegations and currently cross-references subsection 39(1). Item 269 removes the number (1) so that section 39 will not contain subsections. Therefore this item removes the cross-reference to subsection 39(1) and item 276 adds a reference to section 39 to subsection 54(1).
Item 276 - Subsection 54(1)
274. This item removes a reference to subsection 39(1) and replaces it with a reference to section 39 because item 269 removes the number (1) so that section 39 will not contain subsections.
Australian Trade Commission Act 1985
Item 277 - Subsection 56(1)
275. This item removes the number (1) from subsection 56(1) because item 279 repeals subsection 56(2), therefore the text that is currently in subsection 56(1) will become the only text in this section.
Item 278 - Subsection 56(1) (note)
276. Subsection 56(1) deals with acting CEO appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 279 - Subsection 56(2)
277. This item repeals subsection 56(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Trade Commission Act 1985 . Item 278 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Australian War Memorial Act 1980
Item 280 - Subsection 26(1)
278. This item removes the number (1) from subsection 26(1) because item 284 repeals subsections 26(2) to (8), therefore the text that is currently in subsection 26(1) will become the only text in this section.
Item 281 - Paragraph 26(1)(b)
279. This item replaces the semicolon after the word 'office' with a full stop because item 282 removes the text that currently follows the word 'office'.
Item 282 - Subsection 26(1)
280. Subsection 26(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian War Memorial Act 1980 and due to the note added by item 283, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 283 - At the end of subsection 26(1)
281. Subsection 26(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 284 - Subsections 26(2) to (8)
282. Subsections 26(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 283 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Banking Act 1959
Item 285 - Subsection 6A(1)
283. This item removes the number (1) from subsection 6A(1) because item 287 repeals subsection 6A(2), therefore the text that is currently in subsection 6A(1) will become the only text in this section.
Item 286 - Subsection 6A(1)
284. This item removes the reference to subsection 6A(2) from subsection 6A(1) because item 287 repeals subsection 6A(2).
Item 287 - Subsection 6A(2)
285. Subsection 6A(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. Subsection 6A(2) is being repealed as new section 7 will apply to the case dealt with in subsection 6A(1).
Item 288 - Subsection 16AG(3) (note)
286. The note to subsection 16AG(3) refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Bankruptcy Act 1966
Item 289 - At the end of subsections 17(1) and (2)
287. Subsections 17(1) and (2) deal with acting Inspector-General and Official Receiver appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 290 - Subsection 17(7)
288. This item repeals subsection 17(7) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Bankruptcy Act 1966 . Item 289 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 291 - Section 185 (definition of insolvent under administration)
289. The definition of 'insolvent under administration' in section 185 of the Bankruptcy Act 1966 is being repealed because a definition of 'insolvent under administration' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Bills of Exchange Act 1909
Item 292 - Paragraph 19(2)(d)
290. In Schedule 1 to this Bill the definition of 'calendar month' in the Acts Interpretation Act is being amended and a new definition of 'month' is being inserted into the Acts Interpretation Act (see new section 2G in item 4). Paragraph 19(2)(b) of the Bills of Exchange Act 1909 is consequently being amended to clarify that the definition of 'month' has a different meaning for the purposes of section 19 of the Bills of Exchange Act 1909 .
Broadcasting Services Act 1992
Item 293 - Subsection 6(1) (definition of business day)
291. The definition of 'business day' in subsection 6(1) of the Broadcasting Services Act 1992 is being repealed because a definition of 'business day' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Item 294 - Subsections 146C(1) and (2) (note)
Item 295 - Subsections 146CA(1) and (2) (note)
Item 296 - Subsection 212B(6) (note)
Item 297 - Subclauses 6(9). (10) and (21) of Schedule 4 (note)
Item 298 - Subclauses 19(9). (10) and (21) of Schedule 4 (note)
Item 299 - Subclause 8(2) of Schedule 5 (note)
Item 300 - Subclause 40(5) of Schedule 5 (note)
292. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 301 - Clause 50 of Schedule 5 (note)
Item 302 - Subclause 60(4) of Schedule 5 (note)
293. The notes to clause 50 and subclause 60(4) of Schedule 5 to the Broadcasting Services Act 1992 contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.
Item 303 - Subclause 60(5) of Schedule 5 (note)
Item 304 - Subclauses 91(2). (4) and (5) of Schedule 5 (note)
Item 305 - Subclause 3(7) of Schedule 6 (note)
Item 306 - Subclause 4(7) of Schedule 6 (note)
Item 307 - Subclause 13(8) of Schedule 6 (note)
Item 308 - Subclause 15(8) of Schedule 6 (note)
Item 309 - Subclause 21(8) of Schedule 6 (note)
Item 310 - Subclause 27(1) of Schedule 6 (note)
294. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 311 - Subclause 27(8) of Schedule 7
Item 312 - Subclause 31(7) of Schedule 7
295. The definition of 'modifications' in subclauses 27(8) and 31(7) of Schedule 7 to the Broadcasting Services Act 1992 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Item 313 - Clause 55 of Schedule 7 (note)
296. The note to clause 55 refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Building and Construction Industry Improvement Act 2005
Item 314 - Subsection 7(3)
297. The definition of modifications in subsection 7(3) of the Building and Construction Industry Improvement Act 2005 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 315 - Subsection 16(1)
298. This item removes the number (1) from subsection 16(1) because item 317 repeals subsection 16(2), therefore the text that is currently in subsection 16(1) will become the only text in this section.
Item 316 - At the end of subsection 16(1)
299. Subsection 16(1) deals with acting ABC commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 317 - Subsection 16(2)
300. This item repeals subsection 16(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Building and Construction Industry Improvement Act 2005 . Item 316 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Cancer Australia Act 2006
Item 318 - Subsection 16(1)
301. This item removes the number (1) from subsection 16(1) because item 320 repeals subsection 16(2), therefore the text that is currently in subsection 16(1) will become the only text in this section.
Item 319 - At the end of subsection 16(1)
302. Subsection 16(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 320 - Subsection 16(2)
303. This item repeals subsection 16(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Cancer Australia Act 2006 . Item 319 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 321 - At the end of subsections 29(1) and (2)
304. Subsections 29(1) and (2) deal with acting Chair and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 322 - Subsection 29(3)
305. This item repeals subsection 29(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Cancer Australia Act 2006 . Item 321 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Chemical Weapons (Prohibition) Act 1994
Item 323 - Subsection 8B(3) (note)
Item 324 - Subsection 10(9) (note)
306. These notes contain references to section 46 of the Acts Interpretation Act. Subsection 46(2) was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Child Support (Assessment) Act 1989
Item 325 - Subsection 5(1) (paragraph (c) of the definition of member of a couple)
307. The definition of 'member of a couple' in subsection 5(1) of the Child Support (Assessment) Act 1989 refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 326 - Subsection 5(1) (definition of named month)
308. This item repeals the current definition of 'named month', which refers to one of the 12 months of the year, which is the same as 'calendar month' as defined in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill). The child support legislation is amended so that the definition of 'calendar month' as defined in the Acts Interpretation Act is relied on.
This will not result in a change in the operation of the provisions of Child Support (Assessment) Act 1989 .
Item 327 - Subsection 7A(1) (note)
309. This note makes a technical amendment to correct the references to subsections (6), (7), (8) and (9) of section 7A, so that it reads 'subsections (5) to (8).
Item 328 - Subsection 7A(1) (note)
310. This item deletes the words 'or definitive' from the note at the end of subsection 7A(1) so that it instead reads 'the examples are not exhaustive'. The note makes a cross-reference to section 15AD of the Acts Interpretation Act which is amended by item 24 of Schedule 1 to this Bill to clarify that examples are not exhaustive and may extend the operation of the provision, therefore the examples in section 7A should not be referred to as being 'definitive'.
Item 329 - Paragraph 7A(3)(b)
Item 330 - Subsection 34A(2)
Item 331 - Paragraphs 34A(3)(b) and (c)
Item 332 - Section 78
311. All of these items replace the term 'named month' with 'calendar month' to ensure that the Child Support (Assessment) Act 1989 is consistent with the Acts Interpretation Act definition of 'calendar month' in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill and item 326 of this Schedule).
Item 333 - Subsection 163A(5) (paragraph (b) of the definition of de facto relationship)
312. The definition of 'de facto relationship' in subsection 163A(5) of the Child Support (Assessment) Act 1989 refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Child Support (Registration and Collection) Act 1988
Item 334 - Subsection 4(1) (definition of closing day)
313. This item replaced the reference to 'month' with 'calendar month', as the term 'month' currently used in this Act refers to one of the twelve months of the year. This change means that the term 'calendar month' as defined in the new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill) is used.
Item 335 - Subsection 4(1) (definition of month)
314. This item repeals the current definition of 'month', which refers to one of the 12 months of the year, which is the opposite of the definition of the term 'month' in new section 2G of the Acts Interpretation Act and means the same as 'calendar month' as defined in section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill). The Child Support (Registration and Collection) Act 1988 is being amended to use the definitions of 'month' and 'calendar month' as defined in the Acts Interpretation Act.
315. This will not result in a change in the operation of the provisions of the Child Support (Registration and Collection) Act 1988 .
316. The use of the word 'monthly' in a provision of the Child Support (Registration and Collection) Act 1988 may apply to either a 'month' or 'calendar month', dependent upon the the context of the provision and the payment period in the child support case to which the provision is being applied.
Item 336 - Subsection 26A(3) (example)
317. This item replaces the word 'month' with 'calendar month or month', as the example is intended to refer to either.
Item 337 - Subsection 26B(4) (example 2)
318. This item removes the word 'calendar' as this example refers to a month as defined in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill).
Item 338 - Subsection 44(10)
319. This item replaces the words 'one month' with 'one calendar month or one month', as the provision is intended to restrict the Division to application to periods that are monthly or shorter.
Item 339 - Section 47
Item 340 - Paragraphs 53(a). (b) and (c)
320. These items replace the references to 'month' with 'calendar month' to give effect to the repeal of the definition of 'month' and the replacement of all relevant references with 'calendar month' (see items 334 and 335).
Item 341 - Subsection 65A(3) (example 2)
321. This item omits the word 'calendar' from the text of the example as the example refers to a 'month' as defined in new section 2G of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill).
Item 342 - Subsection 66(1)
Item 343 - Subsection 67(1AA)
Item 344 - Subsection 71AA(4) (example)
Item 345 - Subsection 76(1)
Item 346 - Paragraph 76(1)(a)
Item 347 - Paragraphs 77(a) and (b)
Item 348 - Section 78
322. These items all replace references to 'month' with 'calendar month' to give effect to the repeal of the definition of 'month' by item 335 and the replacement of all relevant references with 'calendar month'. This change means that the term 'calendar month' as defined in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1 to this Bill) is used.
Civil Aviation Act 1988
Item 349 - Section 55 (note)
323. The note to section 55 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 350 - Subsection 62(1)
324. This item removes the number (1) from subsection 62(1) because item 352 repeals subsection 62(2), therefore the text that is currently in subsection 62(1) will become the only text in this section.
Item 351 - At the end of subsection 62(1)
325. Subsection 62(1) deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 352 - Subsection 62(2)
326. This item repeals subsection 62(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Civil Aviation Act 1988 . Item 351 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 353 - Subsection 63(1)
327. This item removes the number (1) from subsection 63(1) because item 355 repeals subsection 63(2), therefore the text that is currently in subsection 63(1) will become the only text in this section.
Item 354 - At the end of subsection 63(1)
328. Subsection 63(1) deals with acting Board member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 355 - Subsection 63(2)
329. This item repeals subsection 63(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Civil Aviation Act 1988 . Item 354 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 356 - Subsection 74(1) (note)
330. The note to subsection 74(1) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 357 - Subsection 82(1)
331. This item removes the number (1) from subsection 82(1) because item 359 repeals subsection 82(2), therefore the text that is currently in subsection 82(1) will become the only text in this section.
Item 358 - At the end of subsection 82(1)
332. Subsection 82(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 359 - Subsection 82(2)
333. This item repeals subsection 82(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Civil Aviation Act 1988 . Item 358 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Civil Aviation (Carriers' Liability) Act 1959
Item 360 - Subsection 5(1) (definition of Australian citizen)
334. The definition of Australian citizen in subsection 5(1) of the Civil Aviation (Carriers' Liability) Act 1959 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 361 - Subsection 25(2)
335. Subsection 25(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. The reference is being removed as new section 7 will apply to the case dealt with in subsection 25(2).
Classification (Publications, Films and Computer Games) Act 1995
Item 362 - At the end of subsection 66(1)
336. Subsection 66(1) deals with acting Director arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 363 - At the end of subsection 66(2)
337. Subsection 66(2) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 364 - At the end of subsection 66(3)
338. Subsection 66(3) deals with acting member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 365 - Subsection 66(4)
339. This item repeals subsection 66(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Classification (Publications, Films and Computer Games) Act 1995 . Items 362, 363 and 364 add notes to refer readers to section 33A of the Acts Interpretation Act.
Item 366 - At the end of subsection 84(1)
340. Subsection 84(1) deals with acting Convenor arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 367 - At the end of subsection 84(2)
341. Subsections 84(2) deals with acting Convenor appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 368 - At the end of subsection 84(3)
342. Subsections 84(3) deals with acting member of the Review Board appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 369 - Subsection 84(4)
343. This item repeals subsection 84(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Classification (Publications, Films and Computer Games) Act 1995 . Items 366, 367 and 368 add notes to refer readers to section 33A of the Acts Interpretation Act.
COAG Reform Fund Act 2008
Item 370 - Subsection 8(1) (note)
344. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references.
Coal Mining Industry (Long Service Leave Funding) Act 1992
Item 371 - At the end of subsection 31(1)
345. Subsection 31(1) deals with acting Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 372 - At the end of subsection 31(2)
346. Subsection 31(2) deals with acting Deputy Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 373 - Subsection 31(5)
347. This item repeals subsection 31(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Coal Mining Industry (Long Service Leave Funding) Act 1992 . Item 372 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 374 - At the end of subsection 32(1)
348. Subsection 32(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 375 - Subsection 32(3)
349. This item repeals subsection 32(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Coal Mining Industry (Long Service Leave Funding) Act 1992 . Item 374 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Commonwealth Authorities and Companies Act 1997
Item 376 - Section 5 (definition of APS employee)
350. The definition of 'APS employee' in section 5 of the Commonwealth Authorities and Companies Act 1997 is being repealed because a definition of 'APS employee' is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 377 - Subsection 33(1)
351. This item removes the number (1) from subsection 33(1) because item 378 repeals subsection 33(2), therefore the text that is currently in subsection 33(1) will become the only text in this section.
Item 378 - Subsection 33(2)
352. The definition of modifications in subsection 33(2) of the Commonwealth Authorities and Companies Act 1997 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 379 - Subsection 46(2) (definition of modifications)
353. The definition of modifications in subsection 46(2) of the Commonwealth Authorities and Companies Act 1997 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 380 - Saving of regulations
354. This provision ensures that any regulations in force immediately prior to the commencement of the amendment made to sections 33 and 46 of the Commonwealth Authorities and Companies Act 1997 by items 377 and 379 are not impacted by the amendment and continue to be in force.
Commonwealth Electoral Act 1918
Item 381 - Subsection 13(1)
355. This item removes the number (1) from subsection 13(1) because item 385 repeals subsections 13(2) to (6), therefore the text that is currently in subsection 13(1) will become the only text in this section.
Item 382 - Paragraph 13(1)(b)
356. This item replaces the semicolon after the word 'office' with a full stop because item 383 removes the text that currently follows the word 'office'.
Item 383 - Subsection 13(1)
357. Subsection 13(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 384, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 384 - At the end of subsection 13(1)
358. Subsection 13(1) deals with acting Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 385 - Subsections 13(2) to (6)
359. Subsections 13(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 384 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 386 - Subsection 14(1)
360. This item removes the number (1) from subsection 14(1) because item 390 repeals subsections 14(2) to (6), therefore the text that is currently in subsection 14(1) will become the only text in this section.
Item 387 - Paragraph 14(1)(b)
361. This item replaces the semicolon after the word 'office' with a full stop because item 388 removes the text that currently follows the word 'office'.
Item 388 - Subsection 14(1)
362. Subsection 14(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 389, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 389 - At the end of subsection 14(1)
363. Subsection 14(1) deals with acting non-judicial appointee appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 390 - Subsections 14(2) to (6)
364. Subsections 14(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 389 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 391 - At the end of subsection 19(3)
365. Subsection 19(3) deals with acting Electoral Commissioner arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 392 - Subsection 19(5)
366. Subsection 19(5) provides that 'a person acting as the Electoral Commissioner has, and may exercise, all the powers and shall perform all the functions of the Electoral Commissioner'. This is a rule set out in existing paragraph 33A(1)(e) of the Acts Interpretation Act, therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 391, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 393 - Subsection 26(1)
367. This item removes the number (1) from subsection 26(1) because item 397 repeals subsections 26(2) to (6), therefore the text that is currently in subsection 26(1) will become the only text in this section.
Item 394 - Subparagraph 26(1)(b)(ii)
368. This item replaces the semicolon after the phrase 'Deputy Electoral Commissioner' with a full stop because item 395 removes the text that currently follows the phrase 'Deputy Electoral Commissioner'.
Item 395 - Subsection 26(1)
369. Subsection 26(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 396, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 396 - At the end of subsection 26(1)
370. Subsection 26(1) deals with acting Electoral Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 397 - Subsections 26(2) to (6)
371. Subsections 26(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 396 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 398 - Subsection 27(1)
372. This item removes the number (1) from subsection 27(1) because item 402 repeals subsections 27(2) to (6), therefore the text that is currently in subsection 27(1) will become the only text in this section.
Item 399 - Paragraph 27(1)(b)
373. This item replaces the semicolon after the word 'office' with a full stop because item 400 removes the text that currently follows the word 'office'.
Item 400 - Subsection 27(1)
374. Subsection 27(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Commonwealth Electoral Act 1918 and due to the note added by item 401, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 401 - At the end of subsection 27(1)
375. Subsection 27(1) deals with acting Deputy Electoral Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 402 - Subsections 27(2) to (6)
376. Subsections 27(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 401 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 403 - At the end of subsection 30(2)
377. Subsection 30(2) deals with acting Australian Electoral Officer for the Australian Capital Territory appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 404 - Subsections 30(3) to (5)
378. Subsections 30(3) to (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 403 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 405 - At the end of subsection 31(3)
379. Subsection 31(3) deals with acting Australian Electoral Officer for a State arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 406 - Subsection 31(4)
380. This item repeals subsection 31(4) which provides that 'a person acting as Australian Electoral Officer for a State has, and may exercise, all the powers and shall perform all the functions of the Australian Electoral Officer for the State'. This is the same as subparagraph 33A(1)(e)(i) of the Acts Interpretation Act and therefore does not need to be repeated in the Commonwealth Electoral Act 1918 . Item 405 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 407 - Subsection 253(2)
381. This item removes the reference to 'standard' time in subsection 253(2) of the Commonwealth Electoral Act 1918 because item 94 of Schedule 1 to this Bill removes the concept of 'standard time' from the Acts Interpretation Act so that only the reference to 'legal time' remains.
Commonwealth Serum Laboratories Act 1961
Item 408 - Subsection 19B(1) (definition of Australian citizen)
382. The definition of Australian citizen in subsection 19B(1) of the Commonwealth Serum Laboratories Act 1961 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Competition and Consumer Act 2010
Item 409 - Subsection 4(1) (definition of document)
383. The definition of 'document' in subsection 4(1) of the Competition and Consumer Act 2010 is being amended so that it is consistent with the amendments to the definition of 'document' in the Acts Interpretation Act being made by item 4 of Schedule 1 to this Bill.
Item 410 - At the end of subsection 11(1)
384. Subsection 11(1) deals with acting Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 411 - Subsection 11(1A)
385. This item repeals subsection 11(1A) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added to section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010 . Item 410 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 412 - At the end of subsection 11(2)
386. Subsection 11(2) deals with acting Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 413 - Subsection 29E(1)
387. This item removes the number (1) from subsection 29E(1) because item 415 repeals subsection 29E(2), therefore the text that is currently in subsection 29E(1) will become the only text in this section.
Item 414 - At the end of subsection 29E(1)
388. Subsection 29E(1) deals with acting Council President appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 415 - Subsection 29E(2)
389. This item repeals subsection 29E(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010 . Item 414 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 416 - At the end of subsections 34(1). (2) and (3)
390. Subsections 34(1), (2) and (3) deal with acting President, Deputy President and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 417 - Subsection 44A(1)
391. This item removes the number (1) from subsection 44A(1) because item 419 repeals subsections 44A(2) to (6), therefore the text that is currently in subsection 44A(1) will become the only text in this section.
Item 418 - At the end of subsection 44A(1)
392. Subsection 44A(1) deals with acting Registrar and Deputy Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 419 - Subsections 44A(2) to (6)
393. Subsections 44A(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 418 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 420 - Subsection 44AO(1) (note)
394. Subsection 44AO(1) deals with acting Commonwealth AER member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 421 - Subsection 44AO(3)
395. This item repeals subsection 44AO(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010 . Item 420 updates a note referring readers to section 33A of the Acts Interpretation Act.
Item 422 - Subsection 44AQ(1) (note)
396. Subsection 44AQ(1) deals with acting State/Territory AER member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 423 - Subsection 44AS(1) (note)
397. Subsection 44AS(1) deals with acting AER Chair appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 424 - Subsection 44AS(3)
398. This item repeals subsection 44AS(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Competition and Consumer Act 2010 . Item 423 updates a note referring readers to section 33A of the Acts Interpretation Act.
Item 425 - Section 44AAH (note 1)
399. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references.
Item 426 - Paragraph 51(2)(c)
400. This item updates a reference to 'Standards Australia International Limited' in the Competition and Consumer Act 2010 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Item 427 - Subsection 151BUAA(1B) (note)
401. The note to subsection 151BUAA(1B) contains a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 428 - Subsection 151BUA(2) (note)
Item 429 - Subsection 151BUA(6) (note)
Item 430 - Subsection 151BUB(2) (note)
Item 431 - Subsection 151BUC(2) (note 2)
402. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.
Item 432 - Subsection 151BUD(1) (note)
Item 433 - Subsection 151BUD(3) (note)
403. The notes to subsections 151BUD(1) and (3) contain a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 434 - Subsection 151BUDA(2) (note)
Item 435 - Subsection 151BUDB(2) (note)
Item 436 - Subsection 151BUDC(2) (note 2)
404. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.
Item 437 - Subsection 152AR(4B) and (4C) (note)
405. The notes to subsections 152AR(4B) and (4C) contain a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 438 - Paragraph 51(2)(c) of Schedule 1
406. This item updates a reference to 'Standards Australia International Limited' in the Competition and Consumer Act 2010 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Item 439 - Subsection 2(1) of Schedule 2 (definition of document)
407. The definition of document in subsection 2(1) of Schedule 2 to the Competition and Consumer Act 2010 is being amended so that it is consistent with the amendments to the definition of 'document' in the Acts Interpretation Act being made by item 4 of Schedule 1 to this Bill.
Item 440 - Paragraph 105(1)(a) of Schedule 2
Item 441 - Paragraph 135(1)(a) of Schedule 2
408. These items update references to 'Standards Australia International Limited' in the Competition and Consumer Act 2010 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Coordinator-General for Remote Indigenous Services Act 2009
Item 442 - Subsection 19(1) (note)
409. The note to subsection 19(1) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.
Item 443 - At the end of subsection 20(1)
410. Subsection 20(1) deals with acting Coordinator-General appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 444 - Subsection 20(3)
411. This item repeals subsection 20(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Coordinator-General for Remote Indigenous Services Act 2009 . Item 443 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Copyright Act 1968
Item 445 - At the end of subsection 170(7)
412. Subsection 170(7) deals with acting Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 446 - Subsection 170(8)
413. This item repeals subsection 170(8) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Copyright Act 1968 . Item 445 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Corporations (Aboriginal and Torres Strait Islander) Act 2006>
Item 447 - At the end of subsections 663-25(1) and (2)
414. Subsections 663-25(1) and (2) deal with acting Registrar and Deputy Registrar appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 448 - Subsection 663-25(3)
415. This item repeals subsection 663-25(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Corporations (Aboriginal and Torres Strait Islander) Act 2006 . Item 447 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 449 - Subsection 694-110(3)
416. This item updates a cross-references because item 86 of Schedule 1 to this Bill adds the number (1) to the first subsection of section 34AB of the Acts Interpretation Act as a result of a new subsection being added to section 34AB of the Acts Interpretation Act by item 89 of Schedule 1 to this Bill.
Item 450 - Section 700-1 (definition of Australia) (note)
417. The definition of 'Australia' in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 refers to paragraph 17(a) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 451 - Section 700-1 (definition of business day)
418. The definition of business day in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The only difference in meaning will be that a bank holiday is currently specified not to be a business day, whereas this will not be the case under the new definition in the Acts Interpretation Act.
Item 452 - Section 700-1 (definition of territorial sea)
419. The definition of territorial sea in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Crimes Act 1914
Item 453 - Subsection 4AAA(1) (note 2)
Item 454 - Subsection 4AAB(1) (note 2)
420. These notes refer to the definition of 'Justice of the Peace' in paragraph 26(e) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so these items update the cross-references.
Item 455 - Subsection 15A(1ACA)
421. This subsection provides that paragraph 26(d) of the Acts Interpretation Act (which defines 'court of summary jurisdiction') does not apply. Section 26 is repealed by item 57 of Schedule 1 and whilst there will be a definition of 'court of summary jurisdiction' in new section 2B (see item 4), the revised definition will be consistent with the reference to 'court of summary jurisdiction' in subsection 15A(1AC) of the Crimes Act 1914 . Therefore subsection 15A(1ACA) is being repealed.
Item 456 - At the end of section 25
422. Subsection 25(2) of the Crimes Act 1914 contains a reference to 'British possession' which is currently defined in section 18 of the Acts Interpretation Act. The only application for this definition is for this subsection of the Crimes Act 1914 , therefore the definition is being repealed from the Acts Interpretation Act (see item 33 of Schedule 1 to this Bill) and inserted in section 25 as a new subsection 25(3). The definition remains the same except that reference to the 'King's dominions' is being updated to the 'Sovereign's dominions'.
Crimes at Sea Act 2000
Item 457 - Clause 13 of Schedule 1 (definition of continental shelf)
Item 458 - Clause 13 of Schedule 1 (definition of territorial sea)
423. The definitions of 'continental shelf' and 'territorial sea' in clause 13 of Schedule 1 to the Crimes at Sea Act 2000 are being repealed because definitions of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in both cases.
Criminal Code Act 1995
Item 459 - Subsection 100.5(3) of the Criminal Code>
424. Subsection 100.5(3) of the Criminal Code refers to sections 22A, 22B and 22C of the Acts Interpretation Act. The content of these sections is being moved to sections 2D, 2E and 2F, so this item updates the cross-references.
Item 460 - Section 130.1 of the Criminal Code (note)
Item 461 - Dictionary in the Criminal Code (definition of person) (note)
425. Both of these notes refer to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-references.
Criminology Research Act 1971
Item 462 - Subsection 22(1)
426. This item removes the number (1) from subsection 22(1) because item 466 repeals subsections 22(2) to (7), therefore the text that is currently in subsection 22(1) will become the only text in this section.
Item 463 - Paragraph 22(1)(b)
427. This item replaces the semicolon after the word 'Director' with a full stop because item 464 removes the text that currently follows the word 'Director'.
Item 464 - Subsection 22(1)
428. Subsection 22(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Criminology Research Act 1971 and due to the note added by item 465, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 465 - At the end of subsection 22(1)
429. Subsection 22(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 466 - Subsections 22(2) to (7)
430. Subsections 22(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 465 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Cross-Border Insolvency Act 2008
Item 467 - Subsection 7(2) (note)
431. This note refers to the definition of 'Australia' in paragraph 17(a) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Customs Act 1901
Item 468 - Subsection 4(1) (definition of contiguous zone)
Item 469 - Subsection 4(1) (definition of Continental shelf)
Item 470 - Subsection 4(1) (definition of exclusive economic zone)
Item 471 - Subsection 4(1) (definition of insolvent under administration)
432. These items repeal the definitions of 'contiguous zone', 'Continental shelf', 'exclusive economic zone' and 'insolvent under administration' from subsection 4(1) of the Customs Act 1901 . This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in all cases.
Item 472 - Subsection 9(3)
433. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Item 473 - Subsections 71AAAE(1) and (2) (note 2)
434. The second note in subsections 71AAAE(1) and (2) contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 474 - Subsection 153ZA(1) (definition of continental shelf)
Item 475 - Subsection 153ZIB(1) (definition of continental shelf)
Item 476 - Subsection 153ZKB(1) (definition of exclusive economic zone)
435. These items repeal definitions of 'continental shelf' and 'exclusive economic zone' from subsections 153ZA(1), 153ZIB(1) and 153ZKB(1) of the Customs Act 1901 . This is because definitions of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in all cases.
Item 477 - At the end of subsection 269ZS(1)
436. Subsection 269ZS(1) deals with acting Review Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 478 - Subsection 269ZS(3)
437. This item repeals subsection 269ZS(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Customs Act 1901 . Item 477 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Customs Administration Act 1985
Item 479 - Subsection 13(1)
438. This item removes the number (1) from subsection 13(1) because item 481 repeals subsections 13(2) to (8), therefore the text that is currently in subsection 13(1) will become the only text in this section.
Item 480 - At the end of subsection 13(1)
439. Subsection 13(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 481 - Subsections 13(2) to (8)
440. Subsections 13(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 480 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 482 - Subsection 14(4)
441. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Customs Tariff Act 1995
Item 483 - Schedule 3 (Section XI, paragraph (b) of Additional Note 1)
Item 484 - Schedule 3 (Section XI, subparagraph (b)(i) of the Additional Note 1)
Item 485 - Schedule 3 (Section XI, subparagraph (b)(ii) of Additional Note 1)
Item 486 - Schedule 3 (Section XI, paragraph (c) of Additional Note 1)
442. These items update references to 'Standards Australia International Limited' in the Customs Tariff Act 1995 due to the new definition being added to the Acts Interpretation Act and update reference numbers to reflect the new rule for interpreting Australian Standards numbers being included in the Acts Interpretation Act (see new section 2L inserted by item 4 of Schedule 1 to this Bill).
Defence Act 1903
Item 487 - Subsection 9C(1)
443. This item removes the number (1) from subsection 9C(1) because item 491 repeals subsection 9C(2), therefore the text that is currently in subsection 9C(1) will become the only text in this section.
Item 488 - Paragraph 9C(1)(b)
444. This item replaces the semicolon after the word 'office' with a full stop because item 489 removes the text that currently follows the word 'office'.
Item 489 - Subsection 9C(1)
445. Subsection 9C(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Defence Act 1903 and due to the note added by item 490, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 490 - At the end of subsection 9C(1)
446. Subsection 9C(1) deals with acting Chief of the Defence Force, Vice Chief of the Defence Force and office of service chief of an arm of the Defence Force appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 491 - Subsection 9C(2)
447. This item repeals subsection 9C(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903 . Item 490 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 492 - Subsection 51(1) (definition of continental shelf)
Item 493 - Subsection 51(1) (definition of exclusive economic zone)
Item 494 - Subsection 51(1) (definition of territorial sea)
448. These items repeal the definitions of 'continental shelf', 'exclusive economic zone' and 'territorial sea' from subsection 51(1) of the Defence Act 1903 . This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in all cases.
Item 495 - Paragraph 58P(1)(b)
449. This item replaces the semicolon after the word 'office' with a full stop because item 496 removes the text that currently follows the word 'office'.
Item 496 - Subsection 58P(1)
450. Subsection 58P(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Defence Act 1903 and due to the note added by item 497, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 497 - At the end of subsection 58P(1)
451. Subsection 58P(1) of the Defence Act 1903 deals with acting members of the Tribunal appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 498 - Subsections 58P(2) to (7)
452. Subsections 58P(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 497 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 499 - Subsection 58X(1)
453. This item removes the number (1) from subsection 58X(1) because item 503 repeals subsections 58X(2) to (7), therefore the text that is currently in subsection 58X(1) will become the only text in this section.
Item 500 - Paragraph 58X(1)(b)
454. This item replaces the semicolon after the word 'office' with a full stop because item 501 removes the text that currently follows the word 'office'.
Item 501 - Subsection 58X(1)
455. Subsection 58X(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Defence Act 1903 and due to the note added by item 502, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 502 - At the end of subsection 58X(1)
456. Subsection 58X(1) deals with acting Advocate appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 503 - Subsections 58X(2) to (7)
457. Subsections 58X(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 502 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 504 - At the end of subsections 61CO(1) and (2)
458. Subsections 61CO(1) and (2) deal with acting full-time and part-time members of a Conscientious Objection Tribunal appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 505 - Subsection 61CO(9)
459. This item repeals subsection 61CO(9) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903 . Item 504 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 506 - At the end of subsection 110N(1)
460. Subsection 110N(1) deals with acting Inspector-General ADF appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 507 - Subsection 110N(2)
461. This item repeals subsection 110N(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903 . Item 506 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 508 - Subsections 110YC(1) and (2) (note)
462. Subsections 110YC(1) and (2) deal with acting Tribunal Chair and member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 509 - Subsection 110YC(4)
463. This item repeals subsection 110YC(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Act 1903 . Item 508 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Defence Force Discipline Act 1982
Item 510 - Subsection 188(1)
464. This item removes the number (1) from subsection 188(1) because item 514 repeals subsections 188(2) to (8), therefore the text that is currently in subsection 188(1) will become the only text in this section.
Item 511 - Paragraph 188(1)(b)
465. This item replaces the semicolon after the word 'office' with a full stop because item 512 removes the text that currently follows the word 'office'.
Item 512 - Subsection 188(1)
466. Subsection 188(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Defence Force Discipline Act 1982 and due to the note added by item 513, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 513 - At the end of subsection 188(1)
467. Subsection 188(1) deals with acting Judge Advocate General or a Deputy Judge Advocate General appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 514 - Subsections 188(2) to (8)
468. Subsections 188(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 513 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 515 - At the end of subsection 188FL(1)
469. Subsection 188FL(1) deals with acting Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 516 - Subsection 188FL(2)
470. This item repeals subsection 188FL(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Force Discipline Act 1982 . Item 515 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 517 - At the end of subsection 188GP(1)
471. Subsection 188GP(1) deals with acting Director of Military Prosecutions appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 518 - Subsection 188GP(2)
472. This item repeals subsection 188GP(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Defence Force Discipline Act 1982 . Item 517 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Defence Force Retirement and Death Benefits Act 1973
Item 519 - Paragraph 6A(4)(ba)
473. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Defence Home Ownership Assistance Scheme Act 2008
Item 520 - Subsection 80(1) (note)
Item 521 - Subsection 81(1) (note)
Item 522 - Subsection 81(6) (note at the end of the definition of senior employee) (note)
474. These notes refer to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references.
Defence Housing Australia Act 1987
Item 523 - At the end of subsections 23(1). (2) and (2A)
475. Subsections 23(1), (2) and (2A) deal with acting Chairperson and member appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 524 - Subsections 23(3) to (9)
476. Subsections 23(3) to (9) are being repealed because they are similar to rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 523 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 525 - Subsection 27(3) (note)
477. The note to subsection 27(3) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.
Item 526 - Paragraph 54(1)(b)
478. This item replaces the semicolon after the word 'office' with a full stop because item 527 removes the text that currently follows the word 'office'.
Item 527 - Subsection 54(1)
479. Subsection 54(1) provides that 'but a person appointed to act during a vacancy shall not continue to act as Managing Director for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Defence Housing Australia Act 1987 and due to the note added by item 528, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 528 - At the end of subsection 54(1)
480. Subsection 54(1) deals with acting Managing Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 529 - Subsections 54(2) to (5) and (7)
481. Subsections 54(2) to (5) and (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 528 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Dental Benefits Act 2008
Item 530 - Subsection 41(1) (note)
482. This note refers to the definition of 'APS employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 531 - Subsection 66(1) (note)
483. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Designs Act 2003
Item 532 - Subsection 15(2) (note)
484. This note refers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B (and amends it), so this item updates the cross-reference.
Development Allowance Authority Act 1992
Item 533 - Subsection 106(1)
485. This item removes the number (1) from subsection 106(1) because item 535 repeals subsections 106(5), therefore the text that is currently in subsection 106(1) will become the only text in this section. The heading to subsection 106(1) is being removed for the same reason.
Item 534 - At the end of subsection 106(1)
486. Subsection 106(1) deals with acting Development Allowance Authority appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 535 - Subsection 106(5)
487. This item repeals subsection 106(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Development Allowance Authority Act 1992 . Item 534 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Director of Public Prosecutions Act 1983
Item 536 - At the end of subsection 26(1)
488. Subsection 26(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 537 - At the end of subsection 26(1A)
489. Subsection 26(1A) deals with acting Director arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 538 - Subsections 26(2). (4) and (6) to (9)
490. Subsections 26(2), (4) and (6) to (9) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Items 536 and 537 add notes so readers are aware of section 33A of the Acts Interpretation Act.
Item 539 - Paragraph 26A(1)(b)
491. This item replaces the semicolon after the word 'office' with a full stop because item 540 removes the text that currently follows the word 'office'.
Item 540 - Subsection 26A(1)
492. Subsection 26A(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Director of Public Prosecutions Act 1983 and due to the note added by item 541, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 541 - At the end of subsection 26A(1)
493. Subsection 26A(1) deals with acting Associate Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 542 - Subsection 26A(3)
494. This item repeals subsection 26A(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Director of Public Prosecutions Act 1983 . Item 541 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Disability Discrimination Act 1992
Item 543 - Subsection 4(1) (definition of document)
495. The definition of 'document' in subsection 4(1) of the Disability Discrimination Act 1992 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Item 544 - Subsection 120(1)
496. This item removes the number (1) from subsection 120(1) because item 546 repeals subsection 120(2), therefore the text that is currently in subsection 120(1) will become the only text in this section.
Item 545 - At the end of subsection 120(1)
497. Subsection 120(1) deals with acting Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 546 - Subsection 120(2)
498. This item repeals subsection 120(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Disability Discrimination Act 1992 . Item 545 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Do Not Call Register Act 2006
Item 547 - Section 4 (definition of organisation) (note)
499. The note to subsection 4 refers to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-references.
Education Services for Overseas Students Act 2000
Item 548 - Subsection 52(1)
500. This item removes the number (1) from subsection 52(1) because item 550 repeals subsection 52(2), therefore the text that is currently in subsection 52(1) will become the only text in this section.
Item 549 - At the end of subsection 52(1)
501. Subsection 52(1) deals with acting Fund Manager appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 550 - Subsection 52(2)
502. This item repeals subsection 52(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Education Services for Overseas Students Act 2000 . Item 549 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Environment Protection and Biodiversity Conservation Act 1999
Item 551 - Subsection 25A(1) (note)
Item 552 - Subsection 28AA(1) (note)
503. The notes in subsection 25A(1) and subsection 28AA(1) of the Environment Protection and Biodiversity Conservation Act 1999 both contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced with references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 553 - Section 170D
504. Section 170D cross-references the definition of 'business day' in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 . Item OB3C repeals the definition, therefore the cross-reference is being removed by this item.
Item 554 - Subsection 303FRA(4) (definition of modifications)
505. The definition of modifications in subsection 303FRA(4) of the Environment Protection and Biodiversity Conservation Act 1999 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 555 - Subsection 324N(3)
506. Subsection 324N(3) of the Environment Protection and Biodiversity Conservation Act 1999 defines modifications. The subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 556 - Subsection 341N(3)
507. Subsection 341N(3) of the Environment Protection and Biodiversity Conservation Act 1999 defines modifications. The subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 557 - Subsection 350(7) (note)
508. The note in subsection 350(7) refers to the definition of 'estate' in section 22 of the Acts Interpretation Act. This definition is being moved to new section 2B (see item 4 of Schedule 1), therefore the cross-reference is being updated.
Item 558 - Subsection 380(1A)
509. Subsection 380(1A) of the Environment Protection and Biodiversity Conservation Act 1999 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 559 - Subsection 449BB(5)
510. Subsection 449BB(5) of the Environment Protection and Biodiversity Conservation Act 1999 defines modifications. The subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 560 - At the end of subsection 514G(1)
511. Subsection 514G(1) of the Environment Protection and Biodiversity Conservation Act 1999 deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 561 - Subsection 514G(3)
512. This item repeals subsection 514G(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Environment Protection and Biodiversity Conservation Act 1999 . Item 560 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 562 - Section 528 (definition of business day)
513. The definition of business day in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The only difference in meaning will be that a bank holiday is currently specified not to be a business day, whereas this will not be the case under the new definition in the Acts Interpretation Act.
Environment Protection (Sea Dumping) Act 1981
Item 563 - Subsection 4(1) (paragraph (c) of the definition of Australian waters)
514. The definition of 'exclusive economic zone' in paragraph (c) of the definition of 'Australian waters' in subsection 4(1) of the Environment Protection (Sea Dumping) Act 1981 defines this to mean 'within the meaning of the Seas and Submerged Lands Act 1973'. Item 4 of Schedule 1 to this Bill inserts a new definition of 'exclusive economic zone' in new section 2B of the Acts Interpretation Act with the same meaning, so the words do not need to be repeated in the Environment Protection (Sea Dumping) Act 1981 and are therefore being removed.
Item 564 - Subsection 4(1) (definition of continental shelf)
515. The definition of continental shelf in subsection 4(1) of the Environment Protection (Sea Dumping) Act 1981 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 565 - Subsection 4(1) (definition of territorial sea)
516. The definition of territorial sea in subsection 4(1) of the Environment Protection (Sea Dumping) Act 1981 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Evidence Act 1995
Item 566 - After subsection 3(1)
517. The dictionary to the Evidence Act 1995 appears at the end of the Act, that is, after the Schedule. Item 22 of Schedule 1 to this Bill amends section 13 of the Acts Interpretation Act which deals with what material is part of an Act and provides that all material from and including the first section of an Act to the end of the last Schedule to the Act is part of the Act. This amendment clarifies that the dictionary to the Evidence Act is part of the Act so that there is no doubt created by the amendments to section 13. Excise Tariff Act 1921
Item 567 - Paragraph 3(6)(b)
518. This item updates a reference to 'Australian Standard AS/NZS 1960.1:1995' in the Excise Tariff Act 1921 to reflect the new rule for interpreting Australian Standards numbers in the Acts Interpretation Act (see new section 2L inserted by item 4 of Schedule 1 to this Bill).
Item 568 - The Schedule (definition of territorial sea)
519. The definition of 'territorial sea' in the Schedule to the Excise Tariff Act 1921 is being repealed because a definition of 'territorial sea' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Export Control Act 1982
Item 569 - Section 3 (definition of document)
520. The definition of 'document' in section 3 of the Export Control Act 1982 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Export Finance and Insurance Corporation Act 1991
Item 570 - At the end of subsection 38(1)
521. Subsection 38(1) deals with acting Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 571 - At the end of subsection 38(2)
522. Subsection 38(2) deals with acting Deputy Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 572 - Subsections 38(4) and (5)
523. Subsections 38(4) and (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 571 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 573 - At the end of subsections 39(1) and (2)
524. Subsections 39(1) and (2) deal with acting member appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 574 - Subsection 39(3)
525. This item repeals subsection 39(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Export Finance and Insurance Corporation Act 1991 . Item 573 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 575 - At the end of subsection 79(1)
526. Subsection 79(1) deals with acting Managing Director arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 576 - At the end of subsection 79(2)
527. Subsection 79(2) deals with acting Deputy Managing Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 577 - Subsections 79(3) and (4)
528. Subsections 79(3) and (4) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Items 575 and 576 add notes so readers are aware of section 33A of the Acts Interpretation Act.
Export Market Development Grants Act 1997
Item 578 - Subsection 33(2) (note 1)
Item 579 - Subsection 37(1) (note 1)
529. These notes refer to the definition of 'foreign country' in section 22 of the Acts Interpretation Act. This definition is being moved to new section 2B (see item 4 of Schedule 1), therefore the cross-references are being updated.
Item 580 - Section 87B (note)
Item 581 - Subsection 87C(1) (note)
530. These notes refer to the definitions of 'external Territory' and 'foreign country' in sections 17 and 22 of the Acts Interpretation Act respectively. These definitions are being moved to new section 2B (see item 4 of Schedule 1), therefore the cross-references are being updated.
Item 582 - Subsection 107(1) (definition of person) (note)
531. This note refers to the definition of 'person' in section 22 of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.
Fair Work (Registered Organisations) Act 2009
Item 583 - Subsection 343A(3) (note)
532. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Family Law Act 1975
Item 584 - Subsection 38M(1)
533. This item removes the number (1) from subsection 38M(1) because item 586 repeals subsections 38M(2) and (3), therefore the text that is currently in subsection 38M(1) will become the only text in this section.
Item 585 - At the end of subsection 38M(1)
534. Subsection 38M(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 586 - Subsections 38M(2) and (3)
535. Subsections 38M(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 585 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 587 - Paragraph 60EA(a)
536. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 588 - Section 90MD (definition of business day)
537. The definition of business day in section 90MD of the Family Law Act 1975 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 589 - Subsection 114D(1) (note)
538. The note to subsection 114D(1) of the Family Law Act 1975 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 590 - Subsection 114F(1)
539. This item removes the number (1) from subsection 114F(1) because item 592 repeals subsection 114F(2), therefore the text that is currently in subsection 114F(1) will become the only text in this section.
Item 591 - At the end of subsection 114F(1)
540. Subsection 114F(1) of the Family Law Act 1975 deals with acting Director appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 592 - Subsection 114F(2)
541. This item repeals subsection 114F(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Family Law Act 1975 . Item 591 adds a note to subsection 114F(1) to refer readers to section 33A of the Acts Interpretation Act.
Federal Court of Australia Act 1976
Item 593 - Subsection 18M(1)
542. This item removes the number (1) from subsection 18M(1) because item 595 repeals subsections 18M(2) and (3), therefore the text that is currently in subsection 18M(1) will become the only text in this section.
Item 594 - At the end of subsection 18M(1)
543. Subsection 18M(1) deals with acting Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 595 - Subsections 18M(2) and (3)
544. Subsections 18M(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 594 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 596 - Subsection 23EG(4) (note)
545. This item repeals the note at the end of subsection 23EG(4) because it refers to subsection 46(3) of the Acts Interpretation Act which is repealed by item 106 of Schedule 1.
Federal Financial Relations Act 2009
Item 597 - Subsection 23(1) (note)
546. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references.
Federal Magistrates Act 1999
Item 598 - Paragraph 9E(7)(ba) of Schedule 1
547. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 599 - Subclause 10(1) of Schedule 1 (note)
548. Subclause 10(1) of Schedule 1 of the Federal Magistrates Act 1999 deals with acting Chief Federal Magistrate appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 600 - Subclause 10(2) of Schedule 1
549. This item repeals subclause 10(2) of Schedule 1 which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Federal Magistrates Act 1999 . Item 599 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 601 - Subclause 9(1) of Schedule 2
550. This item removes the number (1) from subclause 9(1) because item 603 repeals subclause 9(2), therefore the text that is currently in subclause 9(1) will become the only text in this section.
Item 602 - Subclause 9(1) of Schedule 2 (note)
551. Subclause 9(1) of Schedule 2 of the Federal Magistrates Act 1999 deals with acting Chief Executive Officer appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 603 - Subclause 9(2) of Schedule 2
552. This item repeals subclause 9(2) of Schedule 2 which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Federal Magistrates Act 1999 . Item 602 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Financial Management and Accountability Act 1997
Item 604 - Subsection 58(2) (definition of modifications)
553. The definition of modifications in subsection 58(2) of the Financial Management and Accountability Act 1997 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 605 - Saving of regulations
554. This provision ensures that any regulations in force immediately prior to the commencement of the amendment made by item 604 are not impacted by the amendment and continue to be in force.
Fisheries Administration Act 1991
Item 606 - Subsection 14(1)
555. This item removes the number (1) from subsection 14(1) because item 608 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.
Item 607 - At the end of subsection 14(1)
556. Subsection 14(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 608 - Subsection 14(2)
557. This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Administration Act 1991 . Item 607 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 609 - Subsection 61(1)
558. This item removes the number (1) from subsection 61(1) because item 613 repeals subsection 61(2), therefore the text that is currently in subsection 61(1) will become the only text in this section.
Item 610 - Paragraph 61(1)(b)
559. This item replaces the semicolon after the word 'office' with a full stop because item 611 removes the text that currently follows the word 'office'.
Item 611 - Subsection 61(1)
560. Subsection 61(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Fisheries Administration Act 1991 and due to the note added by item 612, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 612 - At the end of subsection 61(1)
561. Subsection 61(1) deals with acting Chairperson of a management advisory committee appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 613 - Subsection 61(2)
562. This item repeals subsection 61(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Administration Act 1991 . Item 612 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 614 - Subsection 103(1)
563. This item removes the number (1) from subsection 103(1) because item 618 repeals subsection 103(2), therefore the text that is currently in subsection 103(1) will become the only text in this section.
Item 615 - Paragraph 103(1)(b)
564. This item replaces the semicolon after the word 'office' with a full stop because item 616 removes the text that currently follows the word 'office'.
Item 616 - Subsection 103(1)
565. Subsection 103(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Fisheries Administration Act 1991 and due to the note added by item 617, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 617 - At the end of subsection 103(1)
566. Subsection 103(1) deals with acting Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 618 - Subsection 103(2)
567. This item repeals subsection 103(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Administration Act 1991 . Item 617 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Fisheries Management Act 1991
Item 619 - Subsection 4(1) (definition of continental shelf)
Item 620 - Subsection 4(1) (definition of exclusive economic zone)
Item 621 - Subsection 4(1) (definition of territorial sea)
568. These items repeal the definitions of 'continental shelf', 'exclusive economic zone' and 'territorial sea' from subsection 4(1) of the Fisheries Management Act 1991 . This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in all cases.
Item 622 - Subsection 128(1)
569. This item removes the number (1) from subsection 128(1) because item 624 repeals subsection 128(2), therefore the text that is currently in subsection 128(1) will become the only text in this section.
Item 623 - At the end of subsection 128(1)
570. Subsection 128(1) deals with acting Principal Member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 624 - Subsection 128(2)
571. This item repeals subsection 128(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Management Act 1991 . Item 623 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 625 - Subsection 140(1)
572. This item removes the number (1) from subsection 140(1) because item 627 repeals subsection 140(2), therefore the text that is currently in subsection 140(1) will become the only text in this section.
Item 626 - At the end of subsection 140(1)
573. Subsection 140(1) deals with acting Presiding Member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 627 - Subsection 140(2)
574. This item repeals subsection 140(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Fisheries Management Act 1991 . Item 626 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Food Standards Australia New Zealand Act 1991
Item 628 - Subsection 112(7) (definition of modifications)
575. The definition of modifications in subsection 112(7) of the Food Standards Australia New Zealand Act 1991 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 629 - At the end of subsections 121(1) and (2)
576. Subsections 121(1) and (2) deal with acting Chairperson and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 630 - Subsection 121(3)
577. This item repeals subsection 121(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Food Standards Australia New Zealand Act 1991 . Item 629 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 631 - Subsection 134(1)
578. This item removes the number (1) from subsection 134(1) because item 633 repeals subsection 134(2), therefore the text that is currently in subsection 134(1) will become the only text in this section.
Item 632 - At the end of subsection 134(1)
579. Subsection 134(1) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 633 - Subsection 134(2)
580. This item repeals subsection 134(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Food Standards Australia New Zealand Act 1991 . Item 632 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Foreign Proceedings (Excess of Jurisdiction) Act 1984
Item 634 - Subsection 3(1) (definition of document)
581. The definition of 'document' in subsection 3(1) of the Foreign Proceedings (Excess of Jurisdiction) Act 1984 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Freedom of Information Act 1982
Item 635 - Subsection 47J(1) (note)
582. The note in subsection 47J(1) refers to the definition of 'person' in section 22 of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) (see item 4 of Schedule 1), therefore the cross-reference is being updated.
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
Item 636 - Subsection 4(1)
583. This item removes the number (1) from subsection 4(1) because item 637 repeals subsection 4(2), therefore the text that is currently in subsection 4(1) will become the only text in this section.
Item 637 - Subsection 4(2)
584. Subsection 4(2) of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 provides a definition of 'modifications'. Subsection 4(2) is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 638 - Subsection 5(1)
585. This item removes the number (1) from subsection 5(1) because item 639 repeals subsections 5(2), therefore the text that is currently in subsection 5(1) will become the only text in this section.
Item 639 - Subsection 5(2)
586. Subsection 5(2) of the Fringe Benefits Tax (Application to the Commonwealth) Act 1986 provides a definition of 'modifications'. Subsection 5(2) is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 640 - Saving of regulations
587. This provision ensures that any regulations in force immediately prior to the commencement of the amendment made by item 639 are not impacted by the amendment and continue to be in force.
Fringe Benefits Tax Assessment Act 1986
Item 641 - Subsection 135T(4)
588. Subsection 135T(4) of the Fringe Benefits Tax Assessment Act 1986 provides a definition of 'modifications'. Subsection 135T(4) is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 642 - Subsection 136(1) (definition of business day)
589. The definition of business day in subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same. Future Fund Act 2006
Item 643 - Section 5 (definition of person) (note)
590. This note refers to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.
Item 644 - Subsection 38(2) (note)
Item 645 - Subsection 40(2) (note)
591. These notes refer to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the notes are being updated accordingly.
Item 646 - At the end of subsections 46(1) and (2)
592. Subsections 46(1) and (2) deal with acting Chair and Board member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 647 - Subsection 46(4)
593. This item repeals subsection 46(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Future Fund Act 2006 . Item 646 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 648 - Subsection 83A(1) (note)
Item 649 - Subsection 83B(1) (note)
594. These notes refer to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references.
Gene Technology Act 2000
Item 650 - Subsection 121(1)
595. This item removes the number (1) from subsection 121(1) because item 652 repeals subsection 121(2), therefore the text that is currently in subsection 121(1) will become the only text in this section.
Item 651 - At the end of subsection 121(1)
596. Subsection 121(1) deals with acting Regulator appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 652 - Subsection 121(2)
597. This item repeals subsection 121(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Gene Technology Act 2000 . Item 651 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Governance of Australian Government Superannuation Schemes Act 2011
Item 653 - Subsection 36(6)
598. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Item 654 - Subsection 36(7)
599. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Governor-General Act 1974
Item 655 - Paragraph 2B(4)(ba)
600. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 656 - Subsection 12(1)
601. This item removes the number (1) from subsection 12(1) because item 660 repeals subsections 12(2) to (7), therefore the text that is currently in subsection 12(1) will become the only text in this section.
Item 657 - Paragraph 12(1)(b)
602. This item replaces the semicolon after the phrase 'Official Secretary' with a full stop because item 658 removes the text that currently follows the phrase 'Official Secretary'.
Item 658 - Subsection 12(1)
603. Subsection 12(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Governor-General Act 1974 and due to the note added by item 659, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 659 - At the end of subsection 12(1)
604. Subsection 12(1) of the Governor-General Act 1974 deals with acting Official Secretary appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 660 - Subsections 12(2) to (7)
605. Subsections 12(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 659 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Great Barrier Reef Marine Park Act 1975
Item 661 - Subsection 3(1) (definition of continental shelf)
606. The definition of continental shelf in subsection 3(1) of the Great Barrier Reef Marine Park Act 1975 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 662 - Subsection 3(1) (definition of exclusive economic zone)
607. The definition of exclusive economic zone in subsection 3(1) of the Great Barrier Reef Marine Park Act 1975 is being repealed because a definition of exclusive economic zone is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 663 - subsection 3(1) (definition of territorial sea)
608. The definition of territorial sea in subsection 3(1) of the Great Barrier Reef Marine Park Act 1975 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 664 - Paragraph 15(1)(b)
609. This item replaces the semicolon after the word 'office' with a full stop because item 665 removes the text that currently follows the word 'office'.
Item 665 - Subsection 15(1)
610. Subsection 15(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Great Barrier Reef Marine Park Act 1975 and due to the note added by item 666, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 666 - At the end of subsection 15(1)
611. Subsection 15(1) of the Great Barrier Reef Marine Park Act 1975 deals with acting Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 667 - Subsection 15(2)
612. This item repeals subsection 15(2) which provides that 'Where a person is acting as Chairperson in accordance with paragraph (1)(b) and the office of Chairperson becomes vacant while that person is so acting, the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens'. This is a rule set out in existing paragraphs 33A(1)(ba) and (c) of the Acts Interpretation Act. Therefore this rule does not need to be repeated in the Great Barrier Reef Marine Park Act 1975 and due to the note added by item 666, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 668 - Paragraph 15(3)(b)
613. This item replaces the semicolon after the word 'office' with a full stop because item 669 removes the text that currently follows the word 'office'.
Item 669 - Subsection 15(3)
614. Subsection 15(3) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Great Barrier Reef Marine Park Act 1975 and due to the note added by item 670, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 670 - At the end of subsection 15(3)
615. Subsection 15(3) of the Great Barrier Reef Marine Park Act 1975 deals with acting part-time member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 671 - Subsections 15(4). (6) and (7)
616. Subsections 15(4), (6) and (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 670 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Health and Other Services (Compensation) Act 1995
Item 672 - Section 46 (note)
617. This note refers readers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves the definition of 'document' to new section 2B in new Part 2 of the Acts Interpretation Act, so this item updates the cross-reference.
Health Insurance Act 1973
Item 673 - Section 46A (definition of Australian Immunisation Handbook) (note)
618. This note refers to the definition of 'the Government Printer' in paragraph 17(n) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 674 - Subsection 106ZE(1)
619. This item removes the number (1) from subsection 106ZE(1) because item 676 repeals subsection 106ZE(2), therefore the text that is currently in subsection 106ZE(1) will become the only text in this section.
Item 675 - At the end of subsection 106ZE(1)
620. Subsection 106ZE(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 676 - Subsection 106ZE(2)
621. This item repeals subsection 106ZE(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Health Insurance Act 1973 . Item 675 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 677 - At the end of subsection 106ZPH(1)
622. Subsection 106ZPH(1) deals with acting member of the Authority appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 678 - Subsections 106ZPH(5) and (6)
623. Subsections 106ZPH(5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 677 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 679 - Subsection 124F(4A) (note)
624. The note to subsection 124F(4A) refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.
Health Workforce Australia Act 2009
Item 680 - At the end of subsections 13(1) and (2)
625. Subsections 13(1) and (2) deal with acting Chair and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 681 - Subsection 13(4)
626. This item repeals subsection 13(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Health Workforce Australia Act 2009 . Item 680 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 682 - At the end of subsection 28(1)
627. Subsection 28(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 683 - Subsection 28(4)
628. This item repeals subsection 28(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Health Workforce Australia Act 2009 . Item 682 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Hearing Services Administration Act 1997
Item 684 - Subsection 5(3) (note)
629. The note to subsection 5(3) of the Hearing Services Administration Act 1997 refers to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Historic Shipwrecks Act 1976
Item 685 - Subsection 2(4)
Item 686 - Subsections 2(7) and (9B)
630. Section 2 of the Historic Shipwrecks Act 1976 deals with Proclamations. Subsections 2(4), (7) and (9B) all refer to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill, therefore these references are being removed by these items.
631. New section 7 specifies that 'repeal' includes cessation (see subsection @7(3)) and this section will apply to the interpretation of section 2 of the Historic Shipwrecks Act 1976 without a specific cross-reference.
Item 687 - Subsection 3(1) (definition of continental shelf)
632. The definition of continental shelf in subsection 3(1) of the Historic Shipwrecks Act 1976 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Income Tax Assessment Act 1936
Item 688 - Section 102AAB (paragraph (a) of the definition of de facto relationship)
633. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 689 - Subsection 109CA(6) (note)
634. This note refers to the definition of 'land' in paragraph 22(1)(c) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 690 - Paragraph 251R(2)(a)
635. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 691 - Subsection 264A(23)
636. Subsection 264A(23) refers readers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves the definition of 'document' to new section 2B in new Part 2 of the Acts Interpretation Act, so this item updates the cross-reference.
Item 692 - Subsection 317(1) (paragraph (a) of the definition of de facto relationship)
637. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Income Tax Assessment Act 1997
Item 693 - Subsection 230-335(1) (note)
638. This note refers readers to the definitions of 'document' and 'record' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B in new Part 2 of the Acts Interpretation Act, so this item updates the cross-reference.
Item 694 - Subsection 960-50(7)
639. The definition of 'modifications' in subsection 960-50(7) of the Income Tax Assessment Act 1997 is being removed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 695 - Subsection 974-50(4) (definition of year)
640. The definition of 'year' in subsection 974-50(4) refers to 'calendar month'. In Schedule 1 to this Bill the definition of 'calendar month' in the Acts Interpretation Act is being amended and a new definition of 'month' is being inserted into the Acts Interpretation Act (see new section 2G in item 4). Subsection 974-50(4) of the Income Tax Assessment Act 1997 is being amended to refer to 'month' so that the new definition in the Acts Interpretation Act applies.
Item 696 - Subsection 995-1(1) (definition of foreign law) (note)
641. This paragraph refers to the definition of 'foreign country' in paragraph 22(1)(f) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 697 - Subsection 995-1(1) (paragraph (a) of the definition of spouse)
642. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Independent Contractors Act 2006
Item 698 - Subsection 42(5)
643. The definition of modifications in subsection 42(5) of the Independent Contractors Act 2006 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Independent National Security Legislation Monitor Act 2010
Item 699 - Subsection 20(1)
644. This item removes the number (1) from subsection 20(1) because item 701 repeals subsection 20(2), therefore the text that is currently in subsection 20(1) will become the only text in this section.
Item 700 - Subsection 20(1) (note)
645. Subsection 20(1) of the Independent National Security Legislation Monitor Act 2010 deals with acting Independent National Security Legislation Monitor appointments. This item replaces the existing note with a note referring readers to section 33A of the Acts Interpretation Act.
Item 701 - Subsection 20(2)
646. This item repeals subsection 20(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Independent National Security Legislation Monitor Act 2010 . Item 700 adds a note to subsection 20(1) to refer readers to section 33A of the Acts Interpretation Act.
Industrial Chemicals (Notification and Assessment) Act 1989
Item 702 - Subsection 97(1)
647. This item removes the number (1) from subsection 97(1) because item 706 repeals subsection 97(2), therefore the text that is currently in subsection 97(1) will become the only text in this section.
Item 703 - Paragraph 97(1)(b)
648. This item replaces the semicolon after the word 'office' with a full stop because item 704 removes the text that currently follows the word 'office'.
Item 704 - Subsection 97(1)
649. Subsection 97(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Industrial Chemicals (Notification and Assessment) Act 1989 and due to the note added by item 705, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 705 - At the end of subsection 97(1)
650. Subsection 97(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 706 - Subsection 97(2)
651. This item repeals subsection 97(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Industrial Chemicals (Notification and Assessment) Act 1989 . Item 705 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 707 - Subsection 105(3)
652. Subsection 105(3) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. This subsection is being repealed as new section 7 will apply to the case dealt with in subsection 105(3).
Industry Research and Development Act 1986
Item 708 - At the end of subsections 17(1). (2) and (3)
653. Subsections 17(1), (2) and (3) deal with acting Chairperson and member appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 709 - Subsections 17(4) to (9)
654. Subsections 17(4) to (9) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 708 adds notes so readers are aware of section 33A of the Acts Interpretation Act.
Item 710 - Subsection 22A(1)
655. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Infrastructure Australia Act 2008
Item 711 - Section 9 (note)
656. The note to section 9 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 712 - At the end of subsection 10(1)
657. Subsection 10(1) deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 713 - Subsection 10(2) (note)
658. Subsection 10(2) of the Infrastructure Australia Act 2008 deals with acting member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 714 - Subsection 10(3)
659. This item repeals subsection 10(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Infrastructure Australia Act 2008 . Items 712 and 713 add notes to refer readers to section 33A of the Acts Interpretation Act.
Item 715 - Section 30 (note)
660. The note to section 30 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 716 - Subsection 31(1)
661. This item removes the number (1) from subsection 31(1) because item 718 repeals subsection 31(2), therefore the text that is currently in subsection 31(1) will become the only text in this section.
Item 717 - Subsection 31(1) (note)
662. Subsection 31(1) of the Infrastructure Australia Act 2008 deals with acting Infrastructure Coordinator appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 718 - Subsection 31(2)
663. This item repeals subsection 31(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Infrastructure Australia Act 2008 . Item 717 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Inspector-General of Intelligence and Security Act 1986
Item 719 - Paragraph 6A(1)(b)
664. This item replaces the semicolon after the word 'office' with a full stop because item 720 removes the text that currently follows the word 'office'.
Item 720 - Subsection 6A(1)
665. Subsection 6A(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Inspector-General of Intelligence and Security Act 1986 and due to the note added by item 721, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 721 - At the end of subsection 6A(1)
666. Subsection 6A(1) of the Inspector-General of Intelligence and Security Act 1986 deals with acting Inspector General appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 722 - Subsection 6A(3)
667. This item repeals subsection 6A(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Inspector-General of Intelligence and Security Act 1986 . Item 721 adds a note to subsection 6A(1) to refer readers to section 33A of the Acts Interpretation Act.
Inspector-General of Taxation Act 2003
Item 723 - Subsection 29(1)
668. This item removes the number (1) from subsection 29(1) because item 725 repeals subsections 29(2), therefore the text that is currently in subsection 29(1) will become the only text in this section.
Item 724 - At the end of subsection 29(1)
669. Subsection 29(1) deals with acting Inspector-General appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 725 - Subsection 29(2)
670. This item repeals subsection 29(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Inspector-General of Taxation Act 2003 . Item 724 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Inspector of Transport Security Act 2006
Item 726 - Section 3 (definition of territorial sea)
671. The definition of territorial sea in section 3 of the Inspector of Transport Security Act 2006 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 727 - Subsection 29(1)
672. This item removes the number (1) from subsection 29(1) because item 729 repeals subsection 29(2), therefore the text that is currently in subsection 29(1) will become the only text in this section.
Item 728 - At the end of subsection 29(1)
673. Subsection 31(1) of the Inspector of Transport Security Act 2006 deals with acting Inspector appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 729 - Subsection 29(2)
674. This item repeals subsection 29(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Inspector of Transport Security Act 2006 . Item 728 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Insurance Act 1973
Item 730 - Subsection 78(2) (note)
675. This note contains a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference is being updated.
Item 731 - Subsection 93(10)
Item 732 - Paragraphs 93(10)(a) and (c)
676. Paragraph 93(10)(c) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. Paragraph 93(10)(c) is being repealed as new section 7 will apply to the case dealt with in subsection 93(10). The text currently contained in paragraph 93(10)(a) is being moved to subsection 93(10).
Intelligence Services Act 2001
Item 733 - At the end of subsections 24(1) and (2)
677. Subsections 24(1) and (2) deal with acting Director-General appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 734 - Subsection 24(3)
678. This item repeals subsection 24(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Intelligence Services Act 2001 . Item 733 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Interactive Gambling Act 2001
Item 735 - Section 4 (definition of business day)
679. The definition of 'business day' in section 4 of the Interactive Gambling Act 1989 is being repealed because a definition of 'business day' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Item 736 - Subsection 24(5) (note)
680. The note to subsection 24(5) contains a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 737 - Section 30 (note)
Item 738 - Subsection 37(4) (note)
681. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-references are being updated.
Item 739 - Subsection 37(5) (note)
682. The note to subsection 37(5) contains a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
International Air Services Commission Act 1992
Item 740 - At the end of subsections 48(1) and (2)
683. Subsections 48(1) and (2) of the International Air Services Commission Act 1992 deal with acting Chairperson and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 741 - Subsection 48(3)
684. This item repeals subsection 48(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the International Air Services Commission Act 1992 . Item 740 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Interstate Road Transport Charge Act 1985
Item 742 - Subsection 5(2) (note)
685. This note refers to the definition of 'financial year' in paragraph 22(1)(e) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Judges' Pensions Act 1968
Item 743 - Paragraph 4AB(4)(ba)
686. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Judiciary Act 1903
Item 744 - Subsection 55Z(1)
687. This item removes the number (1) from subsection 55Z(1) because item 746 repeals subsection 55Z(2), therefore the text that is currently in subsection 55Z(1) will become the only text in this section.
Item 745 - At the end of subsection 55Z(1)
688. Subsection 55Z(1) deals with acting Australian Government Solicitor CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 746 - Subsection 55Z(2)
689. This item repeals subsection 55Z(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Judiciary Act 1903 . Item 745 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Law Enforcement Integrity Commissioner Act 2006
Item 747 - Subsection 175(2) (note)
690. The note to subsection 175(2) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the cross-reference is being updated.
Item 748 - Subsection 177(1) (note)
691. Subsection 177(1) of the Law Enforcement Integrity Commissioner Act 2006 deals with acting Integrity Commissioner appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 749 - Subsection 177(3)
692. This item repeals subsection 177(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Law Enforcement Integrity Commissioner Act 2006 . Item 748 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 750 - Subsection 187(1) (note)
693. Subsection 187(1) of the Law Enforcement Integrity Commissioner Act 2006 deals with acting Assistant Integrity Commissioner appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 751 - Subsection 187(3)
694. This item repeals subsection 187(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added to section 33A of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Law Enforcement Integrity Commissioner Act 2006 . Item 750 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Law Officers Act 1964
Item 752 - At the end of subsection 11(1)
695. Subsection 11(1) deals with acting Solicitor-General appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 753 - Subsection 11(3)
Item 754 - Subsection 11(4)
696. Subsections 11(3) and (4) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 752 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Life Insurance Act 1995
Item 755 - Subsection 16ZC(4)
697. Subsection 16ZC(4) of the Life Insurance Act 1995 provides a definition of 'modifications'. Subsection 16ZC(4) is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Liquid Fuel Emergency Act 1984
Item 756 - Subsection 3(1) (definition of document)
698. The definition of 'document' in subsection 3(1) of the Liquid Fuel Emergency Act 1984 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Maritime Transport and Offshore Facilities Security Act 2003
Item 757 - Section 10 (definition of continental shelf)
Item 758 - Section 10 (definition of exclusive economic zone)
Item 759 - Section 10 (definition of territorial sea)
699. These items repeal the definitions of 'continental shelf', 'exclusive economic zone' and 'territorial sea' from section 10 of the Maritime Transport and Offshore Facilities Security Act 2003 . This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in all cases.
Medical Indemnity Act 2002
Item 760 - Subsection 34F(4)
700. Subsection 34F(4) refers to '3 calendar months'. The definition of 'calendar month' is being amended and a new definition of 'month' is being inserted into the Acts Interpretation Act (see new section 2G in item 4 of Schedule 1 to this Bill), therefore this subsection is being modified so that it refers to '3 months'.
Migration Act 1958
Item 761 - Subsection 5(1) (definition of continental shelf)
701. The definition of 'continental shelf' in subsection 5(1) of the Migration Act 1958 is being repealed because a definition of 'continental shelf' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 762 - Section 245A (definition of contiguous zone)
702. The definition of 'contiguous zone' in section 245A of the Migration Act 1958 is being repealed because a definition of 'contiguous zone' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 763 - At the end of subsection 404(1)
703. Subsection 404(1) deals with acting senior office appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 764 - Subsection 404(2) and (8)
704. Subsections 404(2) and (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 763 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 765 - At the end of subsection 469(1)
705. Subsection 469(1) deals with acting senior office appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 766 - Subsections 469(2) and (8)
706. Subsections 469(2) and (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 765 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 767 - Subsection 503A(9) (note at the end of the definition of gazetted agency)
707. This note refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), so the note is being updated accordingly. This item also removes an outdated reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Military Rehabilitation and Compensation Act 2004
Item 768 - Subsection 5(1) (paragraph (ba) of the definition of partner)
708. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 769 - Section 360
709. This item updates the reference to 'Part VII' of the Acts Interpretation Act with a reference to 'Part 7' because item 62 of Schedule 1 to the Bill renumbers the Part.
Item 770 - Subsection 366(2) (note)
710. Subsection 366(2) of the Military Rehabilitation and Compensation Act 2004 deals with acting Commission member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 771 - Subsection 367(2) (note)
711. Subsection 367(2) of the Military Rehabilitation and Compensation Act 2004 deals with acting Commission member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 772 - Section 368
712. This item repeals section 368 of the Military Rehabilitation and Compensation Act 2004 as it specifies certain conditions when actions taken will not be invalid. This is a rule that is being added to section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Military Rehabilitation and Compensation Act 2004 . Item 771 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Motor Vehicle Standards Act 1989
Item 773 - Paragraph 7A(a)
713. This item updates a reference to 'Standards Australia International Limited' in paragraph 7A(a) of the Motor Vehicle Standards Act 1989 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
National Blood Authority Act 2003
Item 774 - Subsection 10(1) (note 2)
714. This note refers readers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves the definition of 'document' to new section 2B in new Part 2 of the Acts Interpretation Act, so this item updates the cross-reference.
Item 775 - Subsection 10(3) (note)
715. The note to subsection 10(3) of the National Blood Authority Act 2003 refers to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 776 - At the end of subsections 17(1) and (2)
716. Subsections 17(1) and (2) deal with acting Chair and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 777 - Subsection 17(4)
717. This item repeals subsection 17(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Blood Authority Act 2003 . Item 776 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 778 - Subsection 29(1)
718. This item removes the number (1) from subsection 29(1) because item 780 repeals subsection 29(2), therefore the text that is currently in subsection 29(1) will become the only text in this section.
Item 779 - At the end of subsection 29(1)
719. Subsection 29(1) deals with acting General Manager appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 780 - Subsection 29(2)
720. This item repeals subsection 29(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Blood Authority Act 2003 . Item 779 adds a note to refer readers to section 33A of the Acts Interpretation Act.
National Consumer Credit Protection Act 2009
Item 781 - Subsection 5(1) (definition of Australia) (note)
721. The definition of 'Australia' in the note to subsection 5(1) of the National Consumer Credit Protection Act 2009 refers to the definition of 'Australia' in paragraph 17(a) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 782 - Subsection 5(1) (paragraph (a) of the definition of insolvent)
722. The definition of 'insolvent' defines 'insolvent under administration'. This definition is being repealed because a definition of 'insolvent under administration' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 783 - Subsection 18(2)
723. Subsection 18(2) refers to the rule for interpretation of laws of the Commonwealth in subsection 22(3) of the Acts Interpretation Act. This rule is being moved to section 2H by item 4 of Schedule 1 to this Bill, so this item updates the cross-reference.
Item 784 - Subsection 204(1) of Schedule 1 (paragraph (a) of the definition of insolvent)
724. The definition of 'insolvent' defines 'insolvent under administration'. This definition is being repealed because a definition of 'insolvent under administration' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
National Film and Sound Archive Act 2008
Item 785 - At the end of subsection 12(1)
725. Subsection 12(1) of the National Film and Sound Archive Act 2008 deals with acting Chair arrangements. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 786 - Subsections 12(2) and (3)
726. Subsections 12(2) to (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Items 785 and 787 add notes so readers are aware of section 33A of the Acts Interpretation Act.
Item 787 - At the end of subsections 12(4) and (5)
727. Subsections 12(4) and (5) of the National Film and Sound Archive Act 2008 deal with acting Deputy Chair and member appointments respectively. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 788 - Subsection 12(6)
728. This item repeals subsection 12(6) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Film and Sound Archive Act 2008 . Item 787 adds a note to subsection 12(5) to refer readers to section 33A of the Acts Interpretation Act.
Item 789 - Subsection 23(1)
729. This item removes the number (1) from subsection 23(1) because item 791 repeals subsection 23(2), therefore the text that is currently in subsection 23(1) will become the only text in this section.
Item 790 - At the end of subsection 23(1)
730. Subsection 23(1) of the National Film and Sound Archive Act 2008 deals with acting CEO appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 791 - Subsection 23(2)
731. This item repeals subsection 23(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Film and Sound Archive Act 2008 . Item 790 adds a note to subsection 23(1) to refer readers to section 33A of the Acts Interpretation Act.
National Gallery Act 1975
Item 792 - Subsection 31(1)
732. This item removes the number (1) from subsection 31(1) because item 796 repeals subsections 31(2) to (7), therefore the text that is currently in subsection 31(1) will become the only text in this section.
Item 793 - Paragraph 31(1)(b)
733. This item replaces the semicolon after the word 'office' with a full stop because item 794 removes the text that currently follows the word 'office'.
Item 794 - Subsection 31(1)
734. Subsection 31(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the National Gallery Act 1975 and due to the note added by item 795, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 795 - At the end of subsection 31(1)
735. Subsection 31(1) of the National Gallery Act 1975 deals with acting Director appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 796 - Subsections 31(2) to (7)
736. Subsections 31(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 795 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
National Greenhouse and Energy Reporting Act 2007
Item 797 - Section 7 (definition of exclusive economic zone)
737. The definition of exclusive economic zone in section 7 of the National Greenhouse and Energy Reporting Act 2007 is being repealed because a definition of exclusive economic zone is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
National Health Act 1953
Item 798 - Subsection 4(1) (paragraph (a) of the definition of de facto partner)
738. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 799 - Paragraph 99D(1)(b)
739. This item replaces the semicolon after the word 'Chairperson' with a full stop because item 800 removes the text that currently follows the word 'Chairperson'.
Item 800 - Subsection 99D(1)
740. Subsection 99D(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the National Health Act 1953 and due to the note added by item 801, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 801 - At the end of subsection 99D(1)
741. Subsection 99D(1) deals with acting Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 802 - Subsections 99D(2). (3). (5) and (6)
742. Subsections 99D(2), (3), (5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 801 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 803 - Paragraph 99E(1)(b)
743. This item replaces the semicolon after the word 'duties' with a full stop because item 804 removes the text that currently follows the word 'duties'.
Item 804 - Subsection 99E(1)
744. Subsection 99E(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the National Health Act 1953 and due to the note added by item 805, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 805 - At the end of subsection 99E(1)
745. Subsection 99E(1) deals with acting member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 806 - Subsections 99E(2). (3). (5) and (6)
746. Subsections 99E(2), (3), (5) and (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 805 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
National Health and Medical Research Council Act 1992
Item 807 - Subsection 41(5) (note)
747. The note to subsection 41(5) of the National Health and Medical Research Council Act 1992 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 808 - At the end of subsection 42(2)
748. Subsection 42(2) deals with a number of types of acting appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 809 - Subsection 42(4)
749. This item repeals subsection 42(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Health and Medical Research Council Act 1992 . Item 808 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 810 - Subsection 51(1) (note)
750. This note refers to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.
National Health Security Act 2007
Item 811 - Subsection 3(1) (definition of Australian citizen)
751. The definition of Australian citizen in subsection 3(1) of the National Health Security Act 2007 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 812 - Subsection 3(1) (definition of business day)
752. The definition of business day in subsection 3(1) of the National Health Security Act 2007 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
National Library Act 1960
Item 813 - Subsection 11(1)
753. This item removes the number (1) from subsection 11(1) because item 817 repeals subsections 11(2) to (7), therefore the text that is currently in subsection 11(1) will become the only text in this section.
Item 814 - Paragraph 11(1)(b)
754. This item replaces the semicolon after the word 'office' with a full stop because item 815 removes the text that currently follows the word 'office'.
Item 815 - Subsection 11(1)
755. Subsection 11(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the National Library Act 1960 and due to the note added by item 816, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 816 - At the end of subsection 11(1)
756. Subsection 11(1) of the National Library Act 1960 deals with acting member appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 817 - Subsections 11(2) to (7)
757. Subsections 11(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 816 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 818 - Paragraph 17J(1)(b)
758. This item replaces the semicolon after the phrase 'Director-General' with a full stop because item 819 removes the text that currently follows the phrase 'Director-General'.
Item 819 - Subsection 17J(1)
759. Subsection 17J(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the National Library Act 1960 and due to the note added by item 820, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 820 - At the end of subsection 17J(1)
760. Subsection 17J(1) of the National Library Act 1960 deals with acting Director-General appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 821 - Subsections 17J(2) to (7)
761. Subsections 17J(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 820 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
National Measurement Act 1960
Item 822 - Subsection 18B(1)
762. This item removes the number (1) from subsection 18B(1) because item 824 repeals subsection 18B(2), therefore the text that is currently in subsection 18B(1) will become the only text in this section.
Item 823 - At the end of subsection 18B(1)
763. Subsection 18B(1) deals with acting Chief Metrologist appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 824 - Subsection 18B(2)
764. This item repeals subsection 18B(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Measurement Act 1960 . Item 823 adds a note to refer readers to section 33A of the Acts Interpretation Act.
National Museum of Australia Act 1980
Item 825 - Subsection 3(1) (definition of appoint)
765. Subsection 3(1) of the National Museum of Australia Act 1980 defines 'appoint' as including to 're-appoint'. This is a rule that will be included in new section 33AA of the Acts Interpretation Act by item 75 of Schedule 1 to this Bill, therefore it does not need to be repeated in the National Museum of Australia Act 1980 , so this item repeals the definition.
Item 826 - Paragraph 3(2)(b)
766. Paragraph 3(2)(b) defines continental shelf to be within the meaning of the Seas and Submerged Lands Act 1973 . The meaning is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 827 - At the end of subsection 20(9)
Item 828 - Subsections 20(10) to (12)
767. Section 20 of the National Museum of Australia Act 1980 deals with meetings of the Council of the National Museum of Australia. Subsections 20(10) to (12) contain rules about participation in meetings. These rules are contained in section 33B of the Acts Interpretation Act (as amended by items 77 and 78 of Schedule 1 to this Bill), therefore subsections 20(10) to (12) are being repealed and a note is being added so that readers are aware of the rules relating to participation in meetings contained in section 33B of the Acts Interpretation Act.
Item 829 - Paragraph 29(1)(b)
768. This item replaces the semicolon after the word 'office' with a full stop because item 830 removes the text that currently follows the word 'office'.
Item 830 - Subsection 29(1)
769. Subsection 29(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the National Museum of Australia Act 1980 and due to the note added by item 831, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 831 - At the end of subsection 29(1)
770. Subsection 29(1) of the National Museum of Australia Act 1980 deals with acting Director appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 832 - Subsections 29(2) to (6). (8) and (9)
771. Subsections 29(2) to (6) and (8) and (9) (ie. not subsection (7) as this is specific to the role of Director of the National Museum of Australia) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 831 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
National Transport Commission Act 2003
Item 833 - At the end of subsection 22(1)
772. Subsection 22(1) deals with acting Chair arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 834 - At the end of subsections 22(2). (3) and (4)
773. Subsections 22(2), (3) and (4) of the National Transport Commission Act 2003 deal with acting Chair, Deputy Chair and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 835 - Subsection 22(8)
774. This item repeals subsection 22(8) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Transport Commission Act 2003 . Item 834 adds notes to refer readers to section 33A of the Acts Interpretation Act.
National Vocational Education and Training Regulator Act 2011
Item 836 - Subsection 4(2)
775. Subsection 4(2) of the National Vocational Education and Training Regulator Act 2011 establishes a contrary intention to the rule about interpretation of laws of the Commonwealth found in subsection 22(3) of the Acts Interpretation Act, and, in doing so, specifically refers to subsection 22(3) of the Acts Interpretation Act. This rule is being moved to section 2H by item 4 of Schedule 1 to this Bill, so this item updates the cross-reference.
National Water Commission Act 2004
Item 837 - Subsection 11(1) (note)
776. The note to subsection 11(1) currently refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 838 - Subsection 12(1)
777. This item removes the number (1) from subsection 12(1) because item 840 repeals subsection 12(2), therefore the text that is currently in subsection 12(1) will become the only text in this section.
Item 839 - Subsection 12(1) (note 2)
778. Subsection 12(1) of the National Water Commission Act 2004 deals with acting Commissioner appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 840 - Subsection 12(2)
779. This item repeals subsection 12(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Water Commission Act 2004 . Item 839 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 841 - Subsection 25(1) (note)
780. Subsection 25(1) of the National Water Commission Act 2004 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 842 - Subsection 26(1)
781. This item removes the number (1) from subsection 26(1) because item 844 repeals subsection 26(2), therefore the text that is currently in subsection 26(1) will become the only text in this section.
Item 843 - Subsection 26(1) (note)
782. Subsection 26(1) of the National Water Commission Act 2004 deals with acting CEO appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 844 - Subsection 26(2)
783. This item repeals subsection 26(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Water Commission Act 2004 . Item 843 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 845 - Section 34 (note 1)
784. The first note in section 34 of the National Water Commission Act 2004 refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Nation-building Funds Act 2008
Item 846 - Section 4 (definition of person) (note)
785. This note refers to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.
Item 847 - Subsection 122(1) (note)
Item 848 - Subsection 122(3) (note)
Item 849 - Section 123 (note)
Item 850 - Subsection 124(1) (note)
Item 851 - Subsection 125(1) (note)
Item 852 - Subsection 126(1) (note)
Item 853 - Subsection 127(1) (note)
786. These notes refer to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references.
Item 854 - Subsection 170(3) (note)
787. The note to subsection 170(3) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the note is being updated accordingly.
Item 855 - Subsection 207(1) (note)
Item 856 - Subsection 207(3) (note)
Item 857 - Section 208 (note)
Item 858 - Subsection 209(1) (note)
Item 859 - Subsection 210(1) (note)
788. These notes refer to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references.
Item 860 - Subsection 245(3) (note)
789. The note to subsection 245(3) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the note is being updated accordingly.
Item 861 - Subsection 275(1) (note)
Item 862 - Subsection 275(3) (note)
Item 863 - Section 276 (note)
Item 864 - Subsection 277(1) (note)
790. These notes refer to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references.
Native Title Act 1993
Item 865 - Subsection 106A(1)
791. Subsection 106A(1) provides that 'A person appointed to act during a vacancy is not to continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Native Title Act 1993 and due to the note added by item 866, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 866 - At the end of subsection 106A(1)
792. Subsection 106A(1) deals with acting Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 867 - Subsection 106A(3)
793. This item repeals subsection 106A(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Native Title Act 1993 . Item 866 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 868 - Section 203FI (note)
794. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Navigation Act 1912
Item 869 - Subsection 6(1) (definition of exclusive economic zone)
795. The definition of exclusive economic zone in subsection 6(1) of the Navigation Act 1912 is being repealed because a definition of exclusive economic zone is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 870 - Subsection 295A(2)
796. Subsection 259A(2) of the Navigation Act 1912 refers to section 8 of the Acts Interpretation Act, which is replaced by subsection 7(2) by item 13 of Schedule 1 to this Bill, therefore the cross-reference is being updated.
Item 871 - Subsection 295A(2)
797. Subsection 295A(2) refers to the application of provisions of 'another Act'. This is being updated to refer to 'an Act' to reflect the language used in new subsection 7(2) of the Acts Interpretation Act (which replaces existing section 8 - see item 13 of Schedule 1 to this Bill).
Item 872 - Subsection 295B(2)
798. Subsection 259B(2) of the Navigation Act 1912 refers to section 8 of the Acts Interpretation Act, which is replaced by subsection 7(2) by item 13 of Schedule 1 to this Bill, therefore the cross-reference is being updated.
Item 873 - Subsection 295B(2)
799. Subsection 295B(2) refers to the application of provisions of 'another Act'. This is being updated to refer to 'an Act' to reflect the language used in new subsection 7(2) of the Acts Interpretation Act (which replaces existing section 8 - see item 13 of Schedule 1 to this Bill).
Northern Territory Acceptance Act 1910
Item 874 - Preamble
800. The Preamble of the Northern Territory Acceptance Act 1910 refers to the 'Constitution Act' which is currently defined by paragraph 17(d) of the Acts Interpretation Act to mean the ' Commonwealth of Australia Constitution Act'. This is the only reference to 'Constitution Act' in Commonwealth legislation. Item 33 of Schedule 1 to this Bill repeals the definition of 'Constitution Act' and this item replaces the reference in the Northern Territory Acceptance Act 1910 with a reference to the ' Commonwealth of Australia Constitution Act'.
Nuclear Non-Proliferation (Safeguards) Act 1987
Item 875 - Subsection 50(1)
801. This item removes the number (1) from subsection 50(1) because item 877 repeals subsections 50(2) to (8), therefore the text that is currently in subsection 50(1) will become the only text in this section.
Item 876 - At the end of subsection 50(1)
802. Subsection 50(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 877 - Subsections 50(2) to (8)
803. Subsections 50(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 876 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Offshore Minerals Act 1994
Item 878 - Subsection 390(2) (note)
804. The note to subsection 390(2) of the Offshore Minerals Act 1994 refers to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
Item 879 - Subsection 66(1) (note)
Item 880 - Subsection 67(1) (note 1)
Item 881 - Subsection 68(5) (note)
Item 882 - Subsection 72(1) (note 1)
805. These notes refer to the definitions of 'APS employee', 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so these items update the cross-references.
Item 883 - Subsection 656(3) (note)
Item 884 - Subsection 658(2) (note)
806. These notes refer to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the notes are being updated accordingly.
Item 885 - At the end of subsections 664(1) and (2)
807. Subsections 664(1) and (2) deal with acting Chair of the Board and Board member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 886 - Subsection 664(3)
808. This item repeals subsection 664(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Item 885 adds a note to subsections 664(1) and (2) to refer readers to section 33A of the Acts Interpretation Act.
Item 887 - Subsection 665(5) (note)
809. The note to subsection 665(5) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so the note is being updated accordingly.
Item 888 - Subsection 674(1)
810. This item removes the number (1) from subsection 674(1) because item 890 repeals subsection 674(2) which is the only other subsection, therefore the text that is currently in subsection 674(1) will become the only text in this section.
Item 889 - At the end of subsection 674(1)
811. Subsection 674(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 890 - Subsection 674(2)
812. This item repeals subsection 674(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 . Item 889 adds a note to section 674 to refer readers to section 33A of the Acts Interpretation Act.
Item 891 - Subsection 750(2) (note)
813. The note to subsection 750(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 892 - Subsection 778(1) (note)
814. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Olympic Insignia Protection Act 1987
Item 893 - Section 23 (definition of continental shelf)
815. The definition of continental shelf in section 23 of the Olympic Insignia Protection Act 1987 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Ombudsman Act 1976
Item 894 - Paragraph 29(1)(b)
816. This item replaces the semicolon after the word 'office' with a full stop because item 895 removes the text that currently follows the word 'office'.
Item 895 - Subsection 29(1)
817. Subsection 29(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Ombudsman Act 1976 and due to the note added by item 896, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 896 - At the end of subsection 29(1)
818. Subsection 29(1) of the Ombudsman Act 1976 deals with acting Commonwealth Ombudsman appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 897 - Paragraph 29(1A)(b)
819. This item replaces the semicolon after the phrase 'Deputy Ombudsman' with a full stop because item 898 removes the text that currently follows the phrase 'Deputy Ombudsman'.
Item 898 - Subsection 29(1A)
820. Subsection 29(1A) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Ombudsman Act 1976 and due to the note added by item 899, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 899 - At the end of subsection 29(1A)
821. Subsection 29(1A) of the Ombudsman Act 1976 deals with acting Deputy Commonwealth Ombudsman appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 900 - Subsections 29(2). (4). (5). (6). (8) and (9)
822. Subsections 29(2), (4), (5), (6), (8) and (9) (ie. not subsections (3) and (7) as these are specific to the role of Ombudsman) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 896 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Paid Parental Leave Act 2010
Item 901 - Section 6 (subparagraph (a)(i) of the definition of insolvent)
823. Subparagraph (a)(i) of the definition of insolvent in section 6 of the Paid Parental Leave Act 2010 provides a definition of 'insolvent under administration'. A definition of 'insolvent under administration' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1), therefore the meaning does not need to be repeated in the Parental Leave Act 2010 . The meaning remains the same.
Parliamentary Contributory Superannuation Act 1948
Item 902 - Paragraph 4B(4)(ba)
824. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Parliamentary Counsel Act 1970
Item 903 - At the end of subsections 15(1) and (2)
825. Subsections 15(1) and (2) deal with acting First Parliamentary Counsel and Second Parliamentary Counsel appointments respectively. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 904 - Subsection 15(8)
826. This item repeals subsection 15(8) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Parliamentary Counsel Act 1970 . Item 903 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Patents Act 1990
Item 905 - Section 7 (note 1)
827. This note refers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B (and amends it), so this item updates the cross-reference.
Item 906 - Schedule 1 (definition of Australian continental shelf)
828. The definition of 'Australian continental shelf' in Schedule 1 of the Patents Act 1990 includes the words 'within the meaning of the Seas and Submerged Lands Act 1973'. A definition of 'continental shelf' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1), therefore these words do not need to be repeated in the Patents Act 1990 .
Item 907 - Schedule 1 (definition of prior art base) (note)
829. This note refers to the definition of 'document' in section 25 of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B (and amends it), so this item updates the cross-reference.
Payment Systems and Netting Act 1998
Item 908 - Section 5 (paragraph (b) of the definition of external administration)
830. The definition of 'external administration' defines 'insolvent under administration'. This definition is being repealed because a definition of 'insolvent under administration' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Petroleum Resource Rent Tax Assessment Act 1987
Item 909 - Subsection 2D(4) (definition of year)
831. The definition of 'year' in subsection 2D(4) refers to 'calendar month'. In Schedule 1 to this Bill the definition of 'calendar month' in the Acts Interpretation Act is being amended and a new definition of 'month' is being inserted into the Acts Interpretation Act (see new section 2G in item 4). Subsection 2D(4) of the Petroleum Resource Rent Tax Assessment Act 1987 is being amended to refer to 'month' so that the new definition in the Acts Interpretation Act applies.
Item 910 - Subsection 36B(5) (note)
832. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-references.
Port Statistics Act 1977
Item 911 - Section 3 (definition of document)
833. The definition of 'document' in section 3 of the Port Statistics Act 1977 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Primary Industries and Energy Research and Development Act 1989
Item 912 - At the end of subsection 85(1)
834. Subsection 85(1) deals with acting Executive Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 913 - Subsections 85(2) and (3)
835. This item replaces subsection 85(2) which modifies the application of existing section 33A of the Acts Interpretation Act. The new subsection 85(2) provides a rule that is specific to the context of Executive Director appointments under the Primary Industries and Energy Research and Development Act 1989 . Section 33A does not need to be referred to specifically in subsection 85(2) because of the note added by item 912 referring readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
836. This item also repeals subsection 85(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added to section 33A of the Acts Interpretation Act (see item 76 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Primary Industries and Energy Research and Development Act 1989 . Item 912 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Primary Industries (Excise) Levies Act 1999
Item 914 - Subclause 5(6) of Schedule 21
837. Subclause 5(6) of Schedule 21 to the Primary Industries (Excise) Levies Act 1999 refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. Subclause 5(6) is being repealed because the way new section 7 is drafted will mean it applies automatically.
Privacy Act 1988
Item 915 - Subsection 6C(1) (definition of organisation) (note)
Item 916 - Subsection 6E(1) (note 2)
Item 917 - Subsection 6E(2) (note 2)
838. The note in subsection 6C(1), the second note in subsection 6E(1) and the second note in subsection 6E(2) of the Privacy Act 1988 all contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 918 - Subsection 6E(3) (definition of modifications)
839. The definition of modifications in subsection 6E(3) of the Privacy Act 1988 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 919 - Subsection 6F(1) (note 2)
840. The second note in subsection 6F(1) contains a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 920 - Subsection 6F(2)
841. The definition of modifications in subsection 6F(2) of the Privacy Act 1988 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 921 - Subsection 7A(5)
842. Subsection 7A(5) of the Privacy Act 1988 contains a definition of modifications so the subsection is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 922 - Subsection 80G(1) (definition of Australian citizen)
843. The definition of Australian citizen in subsection 80G(1) of the Privacy Act 1988 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Private Health Insurance Act 2007
Item 923 - Subsection 34-25(3)
Item 924 - Subparagraph 37-5(aa)(i)
844. These items remove asterisks that are printed before the references to 'Australian citizen' in subsection 34-25(3) and subparagraph 37(5)(aa)(i) of the Private Health Insurance Act 2007 . Item 933 repeals the definition of 'Australian citizen' from the Private Health Insurance Act 2007 so that the new definition of 'Australian citizen' being included in the Acts Interpretation Act will apply (see item 4 of Schedule 1).
Item 925 - Subsection 253-10(1)
845. This item removes the number (1) from subsection 253-10(1) because item 927 repeals subsection 253-10(2), therefore the text that is currently in subsection 253-10(1) will become the only text in this section.
Item 926 - At the end of subsection 253-10(1)
846. Subsection 253-10(1) deals with acting Private Health Insurance Ombudsman appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 927 - Subsection 253-10(2)
847. This item repeals subsection 253-10(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Private Health Insurance Act 2007 . Item 926 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 928 - Subsection 270-10(1)
848. This item removes the number (1) from subsection 270-10(1) because item 930 repeals subsection 270-10(2), therefore the text that is currently in subsection 270-10(1) will become the only text in this section.
Item 929 - Paragraph 270-10(1)(b)
849. This item replaces the semicolon after the word 'office' with a full stop because item 930 removes the text that currently follows the word 'office'.
Item 930 - Subsection 270-10(1)
850. Subsection 270-10(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Private Health Insurance Act 2007 and due to the note added by item 931, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 931 - At the end of subsection 270-10(1)
851. Subsection 270-10(1) deals with acting Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 932 - Subsection 270-10(2)
852. This item repeals subsection 270-10(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Private Health Insurance Act 2007 . Item 931 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 933 - Clause 1 of Schedule 1 (definition of Australian citizen)
853. The definition of Australian citizen in clause 1 of Schedule 1 of the Private Health Insurance Act 2007 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Productivity Commission Act 1998
Item 934 - At the end of subsection 32(1)
854. Subsection 32(1) deals with acting Chair arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 935 - At the end of subsections 32(2) and (3)
855. Subsections 32(2) and (3) deal with acting Chair and Commissioner appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 936 - Subsection 32(4)
856. This item repeals subsection 32(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Productivity Commission Act 1998 . Items 934 and 935 add notes to refer readers to section 33A of the Acts Interpretation Act.
Protection of Movable Cultural Heritage Act 1986
Item 937 - Subsection 3(1) (definition of continental shelf)
857. The definition of continental shelf in subsection 3(1) of the Protection of Movable Cultural Heritage Act 1986 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 938 - Subsection 3(1) (definition of territorial sea)
858. The definition of territorial sea in subsection 3(1) of the Protection of Movable Cultural Heritage Act 1986 is being repealed because a definition of territorial sea is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008
Item 939 - Section 3 (definition of exclusive economic zone)
859. The definition of exclusive economic zone in section 3 of the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 is being repealed because a definition of exclusive economic zone is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Protection of the Sea (Harmful Anti-fouling Systems) Act 2006
Item 940 - Section 3 (definition of Australian shipping facility)
860. The definition of Australian shipping facility in section 3 of the Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 refers to the 'exclusive economic zone' as defined in the Seas and Submerged Lands Act 1973. The reference to the Seas and Submerged Lands Act 1973 is being removed because a definition of 'exclusive economic zone' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Protection of the Sea (Powers of Intervention) Act 1981
Item 941 - Subsection 3(1) (definition of exclusive economic zone)
Item 942 - Subsection 3(1) (definition of territorial sea)
Item 943 - Subsection 10(8) (definition of continental shelf)
861. These items repeal the definitions of 'continental shelf', 'exclusive economic zone' and 'territorial sea' from subsections 3(1) and 10(8) of the Protection of the Sea (Powers of Intervention) Act 1981 . This is because definitions of all of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in all cases.
Public Lending Right Act 1985
Item 944 - Subsection 13(1)
862. This item removes the number (1) from subsection 13(1) because item 948 repeals subsections 13(2) to (7), therefore the text that is currently in subsection 13(1) will become the only text in this section.
Item 945 - Paragraph 13(1)(b)
863. This item replaces the semicolon after the word 'Chairperson' with a full stop because item 946 removes the text that currently follows the word 'Chairperson'.
Item 946 - Subsection 13(1)
864. Subsection 13(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Public Lending Right Act 1985 and due to the note added by item 947, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 947 - At the end of subsection 13(1)
865. Subsection 13(1) of the Public Lending Right Act 1985 deals with acting Chairperson appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 948 - Subsections 13(2) to (7)
866. Subsections 13(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 947 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 949 - Paragraph 14(1)(b)
867. This item replaces the semicolon after the word 'member' with a full stop because item 950 removes the text that currently follows the word 'member'.
Item 950 - Subsection 14(1)
868. Subsection 14(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Public Lending Right Act 1985 and due to the note added by item 951, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 951 - At the end of subsection 14(1)
869. Subsection 14(1) of the Public Lending Right Act 1985 deals with acting member appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 952 - Subsections 14(2) to (7)
870. Subsections 14(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 951 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Public Service Act 1999
Item 953 - Subsection 48(1)
871. This item removes the number (1) from subsection 48(1) because item 955 repeals subsection 48(2), therefore the text that is currently in subsection 48(1) will become the only text in this section.
Item 954 - At the end of subsection 48(1)
872. Subsection 48(1) of the Public Service Act 1999 deals with acting Commissioner appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 955 - Subsection 48(2)
873. This item repeals subsection 48(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Public Service Act 1999 . Item 954 adds a note to subsection 48(1) to refer readers to section 33A of the Acts Interpretation Act.
Item 956 - Subsection 55(1)
874. This item removes the number (1) from subsection 55(1) because item 958 repeals subsection 55(2), therefore the text that is currently in subsection 55(1) will become the only text in this section.
Item 957 - At the end of subsection 55(1)
875. Subsection 55(1) of the Public Service Act 1999 deals with acting Merit Protection Commissioner appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 958 - Subsection 55(2)
876. This item repeals subsection 55(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Public Service Act 1999 . Item 957 adds a note to subsection 55(1) to refer readers to section 33A of the Acts Interpretation Act.
Item 959 - Subsection 62(1)
877. This item removes the number (1) from subsection 62(1) because item 961 repeals subsection 62(2), therefore the text that is currently in subsection 62(1) will become the only text in this section.
Item 960 - at the end of subsection 62(1)
878. Subsection 62(1) of the Public Service Act 1999 deals with acting Secretary appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 961 - Subsection 62(2)
879. This item repeals subsection 62(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Public Service Act 1999 . Item 960 adds a note to subsection 62(1) to refer readers to section 33A of the Acts Interpretation Act.
Item 962 - Subsection 69(1)
880. This item removes the number (1) from subsection 69(1) because item 964 repeals subsection 69(2), therefore the text that is currently in subsection 69(1) will become the only text in this section.
Item 963 - At the end of subsection 69(1)
881. Subsection 69(1) of the Public Service Act 1999 deals with acting Head of Agency appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 964 - Subsection 69(2)
882. This item repeals subsection 69(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Public Service Act 1999 . Item 963 adds a note to subsection 69(1) to refer readers to section 33A of the Acts Interpretation Act.
Qantas Sale Act 1992
Item 965 - Subsection 7(7) (definition of Australian citizen)
883. The definition of 'Australian citizen' in subsection 7(7) of the Qantas Sale Act 1992 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Quarantine Act 1908
Item 966 - Subsection 5(1) (definition of Continental Shelf)
884. The definition of 'continental shelf' in subsection 5(1) of the Quarantine Act 1908 is being repealed because a definition of continental shelf is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 967 - Subsection 6(3) (note)
885. This note refers to the definition of 'Australia' and 'the Commonwealth' in paragraph 17(a) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Racial Discrimination Act 1975
Item 968 - At the end of subsection 36(1)
886. Subsection 36(1) deals with acting Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 969 - Subsection 36(6)
887. This item repeals subsection 36(6) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Racial Discrimination Act 1975 . Item 968 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Radiocommunications Act 1992
Item 970 - Subsection 118PD(1) (note 1)
888. The note to subsection 118PD(1) refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Item 971 - Section 118QA (definition of business day)
889. The definition of 'business day' in section 118QA of the Radiocommunications Act 1992 is being repealed because a definition of 'business day' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Item 972 - Paragraphs 163(2)(a) and (b)
890. This item updates references to 'Standards Australia International Limited' in the Radiocommunications Act 1992 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Referendum (Machinery Provisions) Act 1984
Item 973 - At the end of subsection 5(2)
891. Subsection 5(2) deals with acting Australian Electoral Officer for the Australian Capital Territory appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 974 - Subsections 5(3) to (5)
892. Subsections 5(3) to (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 973 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 975 - Subsection 78(2)
893. This item removes the reference to 'standard' time in subsection 78(2) of the Referendum (Machinery Provisions) Act 1984 because item 94 of Schedule 1 to this Bill removes the concept of 'standard time' from the Acts Interpretation Act so that only the reference to 'legal time' remains.
Registration of Deaths Abroad Act 1984
Item 976 - Subsection 6(1)
894. This item removes the number (1) from subsection 6(1) because item 980 repeals subsections 6(2) to (7), therefore the text that is currently in subsection 6(1) will become the only text in this section.
Item 977 - Paragraph 6(1)(b)
895. This item replaces the semicolon after the word 'office' with a full stop because item 978 removes the text that currently follows the word 'office'.
Item 978 - Subsection 6(1)
896. Subsection 6(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Registration of Deaths Abroad Act 1984 and due to the note added by item 979, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 979 - At the end of subsection 6(1)
897. Subsection 6(1) deals with acting Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 980 - Subsections 6(2) to (7)
898. Subsections 6(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 979 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Remuneration Tribunal Act 1973
Item 981 - Subsection 3(1) (definition of President)
899. Subsection 3(1) contains a reference to subsection 4A(1). As item 982 removes the numbering in section 4A, this item replaces the reference to subsection 4A(1) with a reference to section 4A.
Item 982 - Subsection 4A(1)
900. This item removes the number (1) from subsection 4A(1) because item 986 repeals subsections 4A(2) to (6), therefore the text that is currently in subsection 4A(1) will become the only text in this section.
Item 983 - Paragraph 4A(1)(b)
901. This item replaces the semicolon after the word 'office' with a full stop because item 984 removes the text that currently follows the word 'office'.
Item 984 - Subsection 4A(1)
902. Subsection 4A(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Remuneration Tribunal Act 1973 and due to the note added by item 985, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 985 - At the end of subsection 4A(1)
903. Subsection 4A(1) of the Remuneration Tribunal Act 1973 deals with acting President appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 986 - Subsections 4A(2) to (6)
904. Subsections 4A(2) to (6) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 985 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Renewable Energy (Electricity) Act 2000
Item 987 - Subsection 5(1) (definition of document)
905. Subsection 5(1) of the Renewable Energy (Electricity) Act 2000 defines document to include 'a document in electronic form'. New section 2B of the Acts Interpretation Act will contain a definition of document that includes documents in electronic form, as well as other forms (see item 4 of Schedule 1). Therefore the definition of document in the Renewable Energy (Electricity) Act 2000 is being repealed so the definition in the Acts Interpretation Act applies.
Item 988 - At the end of subsection 148(1)
906. Subsection 148(1) of the Renewable Energy (Electricity) Act 2000 deals with acting Regulator appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 989 - Subsection 148(2)
907. This item repeals subsection 148(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the National Film and Sound Archive Act 2008 . Item 988 adds a note to subsection 148(1) to refer readers to section 33A of the Acts Interpretation Act.
Item 990 - Subsection 148(3) (note)
908. This item repeals the note at the end of subsection 148(3) (which refers readers to section 33A of the Acts Interpretation Act) because the note that is being added to subsection 148(1) by item 988 will serve the same purpose.
Reserve Bank Act 1959
Item 991 - Subsection 6A(1)
909. This item removes the number (1) from subsection 6A(1) because item 993 repeals subsection 6A(2), therefore the text that is currently in subsection 6A(1) will become the only text in this section.
Item 992 - Subsection 6A(1)
910. This item removes the reference to subsection 6A(2) from subsection 6A(1) because item 993 repeals subsection 6A(2).
Item 993 - Subsection 6A(2)
911. Subsection 6A(2) refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill. Subsection 6A(2) is being repealed as new section 7 will apply to the case dealt with in subsection 6A(1).
Retirement Savings Accounts Act 1997
Item 994 - Paragraph 20(2)(a)
912. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Rural Adjustment Act 1992
Item 995 - At the end of subsections 15(1) and (2)
913. Subsections 15(1) and (2) deal with acting Chairperson and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 996 - Subsections 15(3) and (5)
914. Subsections 15(3) and (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 995 adds notes to subsections 15(1) and (2) so readers are aware of section 33A of the Acts Interpretation Act.
Safety, Rehabilitation and Compensation Act 1988
Item 997 - At the end of subsection 79(1)
915. Subsection 79(1) deals with acting Chief Executive Officer arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 998 - Subsection 79(3)
916. This item repeals subsection 79(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Safety, Rehabilitation and Compensation Act 1988 . Item 997 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 999 - Paragraph 79(4)(b)
917. This item replaces the semicolon after the word 'office' with a full stop because item 1000 removes the text that currently follows the word 'office'.
Item 1000 - Subsection 79(4)
918. Subsection 79(4) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Safety, Rehabilitation and Compensation Act 1988 and due to the note added by item 1001, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 1001 - At the end of subsection 79(4)
919. Subsection 79(4) deals with acting Chief Executive Officer appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1002 - Subsection 79(5)
920. This item repeals subsection 79(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Safety, Rehabilitation and Compensation Act 1988 . Item 1001 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1003 - Subsection 89J(1)
921. This item removes the number (1) from subsection 89J(1) because item 1005 repeals subsection 89J(2), therefore the text that is currently in subsection 89J(1) will become the only text in this section.
Item 1004 - At the end of subsection 89J(1)
922. Subsection 89J(1) deals with acting Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1005 - Subsection 89J(2)
923. This item repeals subsection 89J(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Safety, Rehabilitation and Compensation Act 1988 . Item 1004 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1006 - Subsections 89R(2) and (3)
924. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Safe Work Australia Act 2008
Item 1007 - Subsection 11(1) (note)
925. The note to subsection 11(1) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75). At the same time as updating the cross-reference, the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1008 - Subsection 12(1) (note)
926. Subsection 12(1) deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1009 - Subsection 12(3)
927. This item repeals subsection 12(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Safe Work Australia Act 2008 . Item 1008 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1010 - Section 13 (note)
Item 1011 - Subsection 14(1) (note)
Item 1012 - Subsection 15(1) (note)
Item 1013 - Subsection 16(1) (note)
Item 1014 - Subsection 17(2) (note)
928. These notes refer to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75). At the same time as updating the cross-reference, the notes are being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1015 - Subsection 50(1) (note)
929. This item repeals the note that follows subsection 50(1) because item 1016 updates the note about reappointment that follows subsection 50(3).
Item 1016 - Subsection 50(3)
930. The note to subsection 50(3) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75). At the same time as updating the cross-reference, the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1017 - Subsection 51(1)
931. This item removes the number (1) from subsection 51(1) because item 1019 repeals subsection 51(2), therefore the text that is currently in subsection 51(1) will become the only text in this section. The heading to subsection (1) is being deleted for the same reason.
Item 1018 - Subsection 51(1) (note)
932. Subsection 51(1) deals with acting CEO appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1019 - Subsection 51(2)
933. This item repeals subsection 51(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Safe Work Australia Act 2008 . Item 1018 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Science and Industry Research Act 1949
Item 1020 - Subsection 10G(1)
934. This item removes the number (1) from subsection 10G(1) because item 1022 repeals subsections 10G(2) to (8), therefore the text that is currently in subsection 10G(1) will become the only text in this section.
Item 1021 - At the end of subsection 10G(1)
935. Subsection 10G(1) deals with acting Chief Executive appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1022 - Subsections 10G(2) to (8)
936. Subsections 10G(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1021 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Screen Australia Act 2008
Item 1023 - At the end of subsection 12(1)
937. Subsection 12(1) of the Screen Australia Act 2008 deals with acting Chair arrangements. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 1024 - Subsections 12(2) and (3)
938. Subsections 12(2) and (3) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1023 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 1025 - At the end of subsections 12(4) and (5)
939. Subsections 12(4) and (5) of the Screen Australia Act 2008 deals with acting Deputy Chair and member appointments respectively. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 1026 - Subsection 12(6)
940. This item repeals subsection 12(6) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Screen Australia Act 2008 . Item 1025 adds a note to subsections 12(4) and (5) to refer readers to section 33A of the Acts Interpretation Act.
Item 1027 - Subsection 23(1)
941. This item removes the number (1) from subsection 23(1) because item 1029 repeals subsection 23(2), therefore the text that is currently in subsection 23(1) will become the only text in this section.
Item 1028 - At the end of subsection 23(1)
942. Subsection 23(1) of the Screen Australia Act 2008 deals with acting CEO appointments. This item adds a note referring readers to section 33A of the Acts Interpretation Act.
Item 1029 - Subsection 23(2)
943. This item repeals subsection 23(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Screen Australia Act 2008 . Item 1028 adds a note to subsection 23(1) to refer readers to section 33A of the Acts Interpretation Act.
Seafarers Rehabilitation and Compensation Act 1992
Item 1030 - Subsection 113(1)
944. This item removes the number (1) from subsection 113(1) because item 1032 repeals subsection 113(2), therefore the text that is currently in subsection 113(1) will become the only text in this section.
Item 1031 - At the end of subsection 113(1)
945. Subsection 113(1) deals with acting Chairperson and Deputy Chairperson appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1032 - Subsection 113(2)
946. This item repeals subsection 113(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Seafarers Rehabilitation and Compensation Act 1992 . Item 1031 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1033 - Subsection 125(5)
947. This item updates a cross-reference because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act.
Sex Discrimination Act 1984
Item 1034 - Subsection 4(1) (definition of document)
948. The definition of 'document' in subsection 4(1) of the Sex Discrimination Act 1984 is being repealed so that the new definition of document in section 2B of the Acts Interpretation Act applies (see item 4 of Schedule 1).
Item 1035 - Subsection 103(1)
949. This item removes the number (1) from subsection 103(1) because item 1037 repeals subsection 103(7) which is the only other subsection, therefore the text that is currently in subsection 103(1) will become the only text in this section.
Item 1036 - At the end of subsection 103(1)
950. Subsection 103(1) deals with acting Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1037 - Subsection 103(7)
951. This item repeals subsection 103(7) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Sex Discrimination Act 1984 . Item 1036 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Shipping Registration Act 1981
Item 1038 - Subsection 51(1)
952. This item removes the number (1) from subsection 51(1) because item 1042 repeals subsections 51(2) to (5), therefore the text that is currently in subsection 51(1) will become the only text in this section.
Item 1039 - Paragraph 51(1)(b)
953. This item replaces the semicolon after the word 'office' with a full stop because item 1040 removes the text that currently follows the word 'office'.
Item 1040 - Subsection 51(1)
954. Subsection 51(1) provides that 'and may at any time terminate such an appointment'. This is a rule set out in existing subparagraph 33A(1)(b)(ii) of the Acts Interpretation Act, which provides that 'the appointer may....terminate the appointment at any time'. Therefore this rule does not need to be repeated in the Shipping Registration Act 1981 and due to the note added by item 1041, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 1041 - At the end of subsection 51(1)
955. Subsection 51(1) deals with acting Registrar and Deputy Registrar appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1042 - Subsections 51(2) to (5)
956. Subsections 51(2) to (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1041 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 1043 - Subsection 83(4)
957. Subsection 83(4) of the Shipping Registration Act 1981 provides that 'the power conferred by subsection (3) to make modifications by regulation includes the power to omit any matter or add any new matter'.
958. A definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1) that states 'modifications, in relation to a law, includes additions, omissions and substitutions'. Therefore subsection 83(4) is being repealed to avoid repetition.
Skills Australia Act 2008
Item 1044 - Section 10 (note)
959. The note to section 10 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75). At the same time as updating the cross-reference, the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1045 - At the end of subsection 11(1)
960. Subsection 11(1) deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1046 - Subsection 11(2) (note)
961. Subsection 11(2) deals with acting member appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1047 - Subsection 11(3)
962. This item repeals subsection 11(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Skills Australia Act 2008 . Item 1046 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1048 - Subsection 25(3) (note)
963. The note to subsection 25(3) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75). At the same time as updating the cross-reference, the note is being updated for consistency with notes of this kind in other Commonwealth Acts.
Small Superannuation Accounts Act 1995
Item 1049 - Section 4 (paragraph (a) of the definition of spouse)
964. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Snowy Hydro Corporatisation Act 1997
Item 1050 - Subsection 52(3)
965. The definition of modifications in subsection 52(3) of the Snowy Hydro Corporatisation Act 1997 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Social Security Act 1991
Item 1051 - Subparagraph 4(2)(aa)(i)
966. Subparagraph 4(2)(aa)(i) of the Social Security Act 1991 refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 1052 - Subsection 10B(2) (definition of insolvent under administration)
967. The definition of 'insolvent under administration' in subsection 10B(2) of the Social Security Act 1991 is being repealed because a definition of 'insolvent under administration' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 1053 - Paragraph 24(1A)(a)
Item 1054 - Subparagraphs 1067C(1)(aa)(i) and (2)(aa)(i)
968. Paragraph 24(1A)(a) and subparagraphs 1067C(1)(aa)(i) and (2)(aa)(i) of the Social Security Act 1991 refer to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so these items update the cross-references.
Social Security (Administration) Act 1999
Item 1055 - At the end of subclauses 6(1) and (2) of Schedule 3
969. Subclauses 6(1) and (2) of Schedule 3 to the Social Security (Administration) Act 1999 deal with acting Principal Member appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1056 - At the end of subclauses 7(1) and (2) of Schedule 3
970. Subclauses 7(1) and (2) of Schedule 3 to the Social Security (Administration) Act 1999 deal with acting member appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1057 - Subclause 9(1) of Schedule 3
971. This item removes the number (1) from subclause 9(1) of Schedule 3 because item 1058 repeals subclause 9(2), therefore the text that is currently in subclause 9(1) will become the only text in this section.
Item 1058 - Subclause 9(2) of Schedule 3
972. This item repeals subclause 9(2) of Schedule 3 which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Social Security (Administration) Act 1999 .
Spam Act 2003
Item 1059 - Section 4 (definition of organisation) (note)
973. The note to subsection 4 refers to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so this amendment updates the cross-reference.
Special Broadcasting Service Act 1991
Item 1060 - At the end of subsection 24(1)
974. Subsection 24(1) deals with acting Chairperson arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1061 - At the end of subsections 24(2) and (3)
975. Subsection 24 (2) deals with acting Deputy Chairperson appointments. Subsection 24(3) deals with acting non-executive Director appointments. Notes are being added after each of these subsections to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1062 - Subsection 24(6)
976. This item repeals subsection 24(6) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Special Broadcasting Service Act 1991 . Item 1061 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Item 1063 - Paragraph 33(1)(b)
977. This item replaces the semicolon after the word 'office' with a full stop because item 1064 removes the text that currently follows the word 'office'.
Item 1064 - Subsection 33(1)
978. Subsection 33(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Special Broadcasting Service Act 1991 and due to the note added by item 1065, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 1065 - At the end of subsection 33(1)
979. Subsection 33(1) deals with acting Managing Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1066 - Subsection 33(4)
980. This item repeals subsection 33(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Special Broadcasting Service Act 1991 . Item 1066 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Special Prosecutors Act 1982
Item 1067 - Subsection 16(1)
981. This item removes the number (1) from subsection 16(1) because item 1069 repeals subsections 16(2) to (5), therefore the text that is currently in subsection 16(1) will become the only text in this section.
Item 1068 - At the end of subsection 16(1)
982. Subsection 16(1) deals with acting Special Prosecutor appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1069 - Subsections 16(2) to (5)
983. Subsections 16(2) to (5) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1068 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Student Assistance Act 1973
Item 1070 - Subsection 343(1) (note)
Item 1071 - Subsection 344(1) (note)
Item 1072 - Subsection 345(1) (note)
984. These notes refer to the definition of 'person' in paragraph 22(1)(a) of the Acts Interpretation Act. This definition is being moved to new subsection 2C(1) by item 4 of Schedule 1 to this Bill, so the cross-references are being updated.
Submarine Cables and Pipelines Protection Act 1963
Item 1073 - Subsection 5(2) (definition of exclusive economic zone)
985. The definition of exclusive economic zone in subsection 5(2) of the Submarine Cables and Pipelines Protection Act 1963 is being repealed because a definition of exclusive economic zone is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Superannuation Act 1976
Item 1074 - Paragraph 8A(4)(ba)
986. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 1075 - Subsection 24(1)
987. This item removes the number (1) from subsection 24(1) because item 1079 repeals subsections 24(2) to (7), therefore the text that is currently in subsection 24(1) will become the only text in this section.
Item 1076 - Paragraph 24(1)(b)
988. This item replaces the semicolon after the word 'Commissioner' with a full stop because item 1077 removes the text that currently follows the word 'Commissioner'.
Item 1077 - Subsection 24(1)
989. Subsection 24(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Superannuation Act 1976 and due to the note added by item 1078, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 1078 - At the end of subsection 24(1)
990. Subsection 24(1) deals with acting Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1079 - Subsections 24(2) to (7)
991. Subsections 24(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1078 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 1080 - Subsection 27Q(4)
Item 1081 - Subsection 27Q(5)
992. These items update cross-references because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act (see item 86).
Superannuation Act 1990
Item 1082 - Subsection 28A(3)
Item 1083 - Subsection 28A(4)
993. These items update cross-references because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act (see item 86).
Superannuation Act 2005
Item 1084 - Section 4 (definition of modifications)
994. The definition of modifications in section 4 of the Superannuation Act 2005 is being repealed because a definition of modifications is being included in new section 2B of the Acts Interpretation Act (see item 4 of Schedule 1). The meaning remains the same.
Item 1085 - Subsection 28(5)
Item 1086 - Subsection 28(6)
995. These items update cross-references because Schedule 1 to this Bill adds a subsection (1) to section 34AB of the Acts Interpretation Act (see item 86).
Superannuation (Government Co-contribution for Low Income Earners) Act 2003
Item 1087 - Subsection 54(3) (paragraph (a) of the definition of spouse)
996. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Superannuation Guarantee (Administration) Act 1992
Item 1088 - Subsection 5(5) (definition of modifications)
997. The definition of modifications in subsection 5(5) of the Superannuation Guarantee (Administration) Act 1992 is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 1089 - Subsection 6(1) (definition of month)
Item 1090 - Subsection 27(2)
998. Schedule 1 to this Bill inserts a new definition of 'month' into the Acts Interpretation Act (see new section 2G in item 4) and amends the definition of 'calendar month' (see new section 2B inserted by item 4). The existing definition of 'month' in subsection 6(1) of the Superannuation Guarantee (Administration) Act 1992 is the same as the new definition of 'calendar month' being included in the Acts Interpretation.
999. The terminology in the Superannuation Guarantee (Administration) Act 1992 is therefore being updated to align with the Acts Interpretation Act to avoid confusion. This involves two changes.
1000. Firstly, item 1089 repeals the definition of 'month' from subsection 6(1) of the Superannuation Guarantee (Administration) Act 1992 . Secondly, item 1090 amends subsection 27(2) so that the reference to 'month' is replaced by a reference to 'calendar month' so that the correct definition applies.
1001. Subsection 27(2) of the Superannuation Guarantee (Administration) Act 1992 is the only provision in this Act that relies on the definition of 'month' currently found in subsection 6(1). Other references to 'month' in the Act will work correctly with the new Acts Interpretation Act definition of 'month', either because they are about reckoning periods (as in Part 3) or because the meaning is otherwise clear from the context (see for example the definition of 'quarter' in subsection 46(2)).
Superannuation Industry (Supervision) Act 1993
Item 1091 - Subsection 10(1) (definition of business day)
1002. The definition of 'business day' in subsection 10(1) of the Superannuation Industry (Supervision) Act 1993 is being repealed because a definition is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 1092 - Subsection 10(1) (paragraph (a) of the definition of spouse)
1003. This paragraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
Item 1093 - Subsection 15B(3)
1004. Subsection 15B(3) of the Superannuation Industry (Supervision) Act 1993 provides a definition of 'modifications'. Subsection 15B(3) is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 1094 - Paragraph 129(3)(c) (note)
1005. The note to paragraph 129(3)(c) refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Item 1095 - Subsection 129(3AA)
1006. Subsection 129(3AA) of the Superannuation Industry (Supervision) Act 1993 is being repealed because it repeats the rule contained in subsection 46(3) of the Acts Interpretation Act (which is being moved to subsection 33(3AB) by item 71 of Schedule 1 to this Bill) and is therefore not required. This amendment is not intended to change the legal effect of subsection 129(3) of the Superannuation Industry (Supervision) Act 1993 in any way.
Superannuation (Resolution of Complaints) Act 1993
Item 1096 - Subsection 4B(4) (definition of modifications)
1007. The definition of 'modifications' in subsection 4B(4) of the Superannuation (Resolution of Complaints) Act 1993 is being repealed because a definition of 'modifications' is being included in new section 2B of the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 1097 - At the end of subsections 54(1). (1A). (2) and (2A)
1008. Subsections 54(1), (1A), (2) and (2A) deal with acting Tribunal Chairperson and Tribunal Deputy Chairperson appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1098 - Subsection 54(3)
1009. This item repeals subsection 54(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Superannuation (Resolution of Complaints) Act 1993 . Item 1097 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Surveillance Devices Act 2004
Item 1099 - Subsection 41(1) (definition of contiguous zone)
Item 1100 - Subsection 41(1) (definition of territorial sea)
1010. These items repeal the definitions of 'contiguous zone' and 'territorial sea' from the Surveillance Devices Act 2004 . This is because definitions of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same in both cases.
Item 1101 - Subsection 44(1) (subparagraph (d)(iii) of the definition of protected information)
1011. As there will no longer be a definition of 'territorial sea' in subsection 41(1) due to the amendment made at item 1100, this item removes the cross-reference to section 41 in subsection 44(1) of the Surveillance Devices Act 2004 .
Sydney Harbour Federation Trust Act 2001
Item 1102 - Subsection 14(1)
1012. This item removes the number (1) from subsection 14(1) because item 1104 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.
Item 1103 - At the end of subsection 14(1)
1013. Subsection 14(1) of the Sydney Harbour Federation Trust Act 2001 deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1104 - Subsection 14(2)
1014. This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Sydney Harbour Federation Trust Act 2001 . Item 1103 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1105 - At the end of subsections 42(1) and (2)
1015. Section 42 of the Sydney Harbour Federation Trust Act 2001 deals with acting Executive Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1106 - Subsection 42(3)
1016. This item repeals subsection 42(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Sydney Harbour Federation Trust Act 2001 . Item 1105 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Tax Agent Services Act 2009
Item 1107 - Section 60-30 (note)
1017. The note to section 60-30 of the Tax Agent Services Act 2009 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 1108 - After section 80-1
1018. Item 22 of Schedule 1 to this Bill amends section 13 of the Acts Interpretation Act which deals with what material is part of an Act and specifies that 'all material from and including the first section of an Act to the end of if there are no Schedules to the Act - the last section of the Act....is part of the Act'. This amendment establishes a contrary intention in the Tax Agent Services Act 2009 that Tables of Subdivisions and tables of sections do not form part of the Act.
Taxation Administration Act 1953
Item 1109 - At the end of subsections 6B(1) and (2)
1019. Subsections 6B(1) and (2) deal with acting Commissioner of Taxation and Second Commissioner of Taxation appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1110 - Subsections 6B(3) to (5) and (8) to (10)
1020. Subsections 6B(3) to (5) and (8) to (10) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1109 adds notes so readers are aware of section 33A of the Acts Interpretation Act.
Item 1111 - Subsection 850-100(5) in Schedule 1 (note 1)
1021. The first note to subsection 850-100(5) refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.
Tax Laws Amendment (2009 Measures No.6) Act 2010
Item 1112 - Item 26 of Schedule 2 (heading)
Item 1113 - Item 26 of Schedule 2
1022. Item 26 of Schedule 2 refers to section 8 of the Acts Interpretation Act, which is replaced by section 7 by item 13 of Schedule 1 to this Bill, so these items update the cross-reference and the heading to the Item accordingly.
Telecommunications Act 1997
Item 1114 - Subsection 11(5) (definition ofcontinental shelf)
1023. The definition of 'continental shelf' in subsection 11(5) of the Telecommunications Act 1997 is being repealed because a definition of this term is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same in both cases.
Item 1115 - Subsection 87(4) (note)
Item 1116 - Subsection 95(1) (note)
Item 1117 - Subsection 96(1) (note)
1024. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-references are being replaced by references to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 1118 - Paragraph 377(1)(a)
Item 1119 - Paragraphs 378(2)(a) and (b)
Item 1120 - Paragraph 381(1)(a)
Item 1121 - Paragraphs 382(2)(a) and (b)
Item 1122 - Paragraph 385(1)(a)
Item 1123 - Paragraphs 386(2)(a) and (b)
Item 1124 - Paragraphs 405(2)(a) and (b)
Item 1125 - Paragraphs 422(2)(a) and (b)
1025. These items update references to 'Standards Australia International Limited' in the Telecommunications Act 1997 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Item 1126 - Subsection 531C(1) (note)
1026. The note to subsection 531C(1) refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Item 1127 - Section 531M (note 1)
Item 1128 - Subsection 531N(4) (note)
1027. These notes refer to the definitions of 'SES employee' and 'APS employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Item 1129 - Clause 31 of Schedule 1 (definition of business day)
Item 1130 - Clause 2 of Schedule 3 (definition of business day)
1028. These definitions of 'business day' are being repealed because a definition of 'business day' is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meaning remains the same.
Item 1131 - Subclause 6(3) of Schedule 3 (note)
1029. The note to subclause 6(3) of Schedule 3 contains a reference to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 1132 - Subclause 27(8) of Schedule 3 (note)
1030. The note to subclause 27(8) of Schedule 3 to the Telecommunications Act 1997 contains a reference to section 46 of the Acts Interpretation Act. Subsection 46(2) was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and, with respect to non-legislative instruments, replaced by subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Item 1133 - Subclauses 44(4) and (5) of Schedule 3 (note)
Item 1134 - Subclause 46(1) of Schedule 3 (note)
1031. These notes contain a reference to section 46 and subsection 46(2) of the Acts Interpretation Act. Subsection 46(2) was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Item 1135 - Subclause 2(1) of Schedule 3A (definition of continental shelf)
Item 1136 - Subclause 2(1) of Schedule 3A (definition of exclusive economic zone)
1032. These items repeal the definitions of 'continental shelf' and 'exclusive economic zone' from subclause 2(1) of Schedule 3A to the Telecommunications Act 1997 . This is because definitions of these terms are being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1 to this Bill). The meanings remain the same.
Telecommunications (Consumer Protection and Service Standards) Act 1999
Item 1137 - Subsection 158V(1)
1033. This item removes the number (1) from subsection 158V(1) because item 1139 repeals subsection 158V(2). Therefore, the text that is currently in subsection 158V(1) will become the only text in this section.
Item 1138 - At the end of subsection 158V(1)
1034. Subsection 158V(1) deals with acting Chair arrangements. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1139 - Subsection 158V(2)
1035. This item repeals subsection 158(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Telecommunications (Consumer Protection and Service Standards) Act 1999 . Item 1138 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Telecommunications (Interception and Access) Act 1979
Item 1140 - Subsection 203(1) (note 2)
1036. The second note to subsection 203(1) refers to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-reference is being updated.
Telecommunications (Numbering Charges) Act 1997
Item 1141 - Subsection 15(2) (note)
Item 1142 - Subsection 22(3) (note)
1037. These notes contain references to subsection 46(2) of the Acts Interpretation Act. That subsection was repealed by the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 and therefore the cross-reference is being replaced by a reference to subsection 13(3) of the Legislative Instruments Act 2003 .
Terrorism Insurance Act 2003
Item 1143 - Section 3 (definition of Australia) (note)
1038. This note refers to the definition of 'Australia' in paragraph 17(a) of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so this item updates the cross-reference.
Item 1144 - Subsection 14(1)
1039. This item removes the number (1) from subsection 14(1) because item 1146 repeals subsection 14(2), therefore the text that is currently in subsection 14(1) will become the only text in this section.
Item 1145 - At the end of subsection 14(1)
1040. Subsection 14(1) deals with acting Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1146 - Subsection 14(2)
1041. This item repeals subsection 14(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Terrorism Insurance Act 2003 . Item 1145 add a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1147 - At the end of subsections 27(1) and (2)
1042. Subsections 27(1) and (2) deal with acting Chief Executive appointments. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1148 - Subsection 27(3)
1043. This item repeals subsection 27(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Terrorism Insurance Act 2003 . Item 1147 adds notes to refer readers to section 33A of the Acts Interpretation Act.
Textile, Clothing and Footwear Investment and Innovation Programs Act 1999
Item 1149 - Section 4 (definition of business day)
1044. The definition of 'business day' in section 4 of the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Therapeutic Goods Act 1989
Item 1150 - Subparagraph 10(2)(a)(vii)
1045. This item updates a reference to 'Standards Australia International Limited' in the Therapeutic Goods Act 1989 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Item 1151 - Subsection 32CB(1) (note 1)
Item 1152 - Subsection 32CD(1) (note)
Item 1153 - Subsection 38(2B) (note 1)
Item 1154 - Subsection 40B(4) (note 1)
1046. These notes refer to subsection 46(3) of the Acts Interpretation Act. The content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), therefore the cross-references are being updated.
Item 1155 - Paragraph 41CC(2)(a)
Item 1156 - Paragraph 41DD(2)(a)
1047. These items update references to 'Standards Australia International Limited' in the Therapeutic Goods Act 1989 to reflect a new definition in the Acts Interpretation Act (see new section 2B inserted by item 4 of Schedule 1 to this Bill).
Tourism Australia Act 2004
Item 1157 - Subsection 16(1) (note)
1048. Subsection 16(1) deals with acting Chair arrangements. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1158 - At the end of subsections 16(2) and (3)
1049. Subsections 16(2) and (3) deal with acting Deputy Chair and member appointments respectively. Notes are being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1159 - Subsection 16(4)
1050. This item repeals subsection 16(4) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Tourism Australia Act 2004 . Items 1157 and 1158 add notes to refer readers to section 33A of the Acts Interpretation Act.
Item 1160 - Subsection 47(1)
1051. This item removes the number (1) from subsection 47(1) because item 1162 repeals subsection 47(2) which is the only other subsection, therefore the text that is currently in subsection 47(1) will become the only text in this section.
Item 1161 - Subsection 47(1) (note)
1052. Subsection 47(1) deals with acting Managing Director appointments. There is currently a note referring readers to section 33A of the Acts Interpretation Act, but this is being updated for consistency with notes of this kind in other Commonwealth Acts.
Item 1162 - Subsection 47(2)
1053. This item repeals subsection 47(2) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Tourism Australia Act 2004 . Item 1161 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Trade Marks Act 1995
Item 1163 - Section 6A (note)
1054. The note to section 6A of the Trade Marks Act 1995 provides that it displaces the rule in section 36 of the Acts Interpretation Act which deals with reckoning of time. Section 36 is amended by item 93 of Schedule 1 to this Bill and a definition of month is added by item 4 (see new section 2G). Consequently the note is being updated to reflect these changes.
Item 1164 - Subsection 215(7) (note)
1055. The note to subsection 215(7) of the Trade Marks Act 1995 quotes some of section 28A of the Acts Interpretation Act. As the quoted text appears in subsection 28A(1), the reference to section 28A is being substituted with a reference to subsection 28A(1) for accuracy.
Transport Safety Investigation Act 2003
Item 1165 - Subsection 13A(2) (note)
1056. The note to subsection 13A(2) refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 1166 - At the end of subsection 13AH(1)
1057. Subsection 13AH(1) deals with acting Chief Commissioner appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1167 - Subsection 13AH(3)
1058. This item repeals subsection 13AH(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Transport Safety Investigation Act 2003 . Item 1166 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1168 - Subsection 63B(3) (note)
Item 1169 - Subsection 63C(2) (note)
1059. These notes refer to the definition of 'SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2B, so these items update the cross-references.
Veterans' Entitlements Act 1986
Item 1170 - Subparagraph 5E(2)(aa)(i)
1060. This subparagraph refers to the definition of 'registered relationship' in section 22B of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves this definition to new section 2E, so this item updates the cross-reference.
War Graves Act 1980
Item 1171 - Subsection 10(1)
1061. This item removes the number (1) from subsection 10(1) because item 1175 repeals subsections 10(2) to (7), therefore the text that is currently in subsection 10(1) will become the only text in this section.
Item 1172 - Paragraph 10(1)(b)
1062. This item replaces the semicolon after the word 'office' with a full stop because item 1173 removes the text that currently follows the word 'office'.
Item 1173 - Subsection 10(1)
1063. Subsection 10(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the War Graves Act 1980 and due to the note added by item 1174, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 1174 - At the end of subsection 10(1)
1064. Subsection 10(1) deals with acting Director appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1175 - Subsections 10(2) to (7)
1065. Subsections 10(2) to (7) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1174 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Water Act 2007
Item 1176 - Subsection 178(1) (note)
1066. The note to subsection 178(1) of the Water Act 2007 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 1177 - Subsection 179(2) (note)
1067. The note to subsection 179(2) of the Water Act 2007 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 1178 - At the end of subsections 180(1A). (1) and (2)
1068. Section 180 of the Water Act 2007 deals with acting Authority appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1179 - Subsection 180(5)
1069. This item repeals subsection 180(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Water Act 2007 . Item 1178 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1180 - Subsection 201A(1) (note)
1070. The note to subsection 201A(1) of the Water Act 2007 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 1181 - At the end of subsection 201B(1)
1071. Section 201B of the Water Act 2007 deals with acting Chair of the Basin Officials Committee appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1182 - Subsection 201B(5)
1072. This item repeals subsection 201B(5) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Water Act 2007 . Item 1181 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1183 - Subsection 204(1) (note)
1073. The note to subsection 204(1) of the Water Act 2007 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Wheat Export Marketing Act 2008
Item 1184 - Section 5 (definition of business day)
1074. The definition of business day in section 5 of the Wheat Export Marketing Act 2008 is being repealed because a definition of business day is being included in the Acts Interpretation Act that will apply (see item 4 of Schedule 1). The meaning remains the same.
Item 1185 - Subsection 32(1) (note 1)
1075. The note to subsection 32(1) refers to subsection 46(3) of the Acts Interpretation Act. As the content of subsection 46(3) is being moved to new subsection 33(3AB) (see item 71 in Schedule 1 to this Bill), the cross-reference in this note is being updated.
Item 1186 - Subsection 41(1) (note)
1076. The note to subsection 41(1) of the Wheat Export Marketing Act 2008 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the cross-reference.
Item 1187 - Section 42 (note)
1077. The note to section 42 of the Wheat Export Marketing Act 2008 refers to subsection 33(4A) of the Acts Interpretation Act. Schedule 1 to this Bill moves the content of subsection 33(4A) to new section 33AA (see item 75), so this item updates the note accordingly.
Item 1188 - At the end of subsection 43(1)
1078. Subsection 43(1) deals with acting Wheat Exports Australia Chair appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1189 - Subsection 43(3)
1079. This item repeals subsection 43(3) which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Wheat Export Marketing Act 2008 . Item 1188 adds a note to refer readers to section 33A of the Acts Interpretation Act.
Item 1190 - Subsection 57(1) (note)
1080. This note refers to the definitions of 'SES employee' and 'acting SES employee' in section 17AA of the Acts Interpretation Act. Item 4 of Schedule 1 to this Bill moves these definitions to new section 2B, so this item updates the cross-reference.
Wine Australia Corporation Act 1980
Item 1191 - Subsection 29J(1)
1081. This item removes the number (1) from subsection 29J(1) because item 1195 repeals subsections 29J(2) to (8), therefore the text that is currently in subsection 29J(1) will become the only text in this section.
Item 1192 - Paragraph 29J(1)(b)
1082. This item replaces the semicolon after the word 'Presiding Member' with a full stop because item 1193 removes the text that currently follows the word 'Presiding Member'.
Item 1193 - Subsection 29J(1)
1083. Subsection 29J(1) provides that 'but a person appointed to act during a vacancy shall not continue so to act for more than 12 months'. This is a rule set out in existing paragraph 33A(1)(ba) of the Acts Interpretation Act, which provides that 'where the appointment is to act in a vacant office, the appointee must not continue to act in the office for more than 12 months'. Therefore this rule does not need to be repeated in the Australian Wine and Brandy Corporation Act 1980 and due to the note added by item 1194, readers will know to refer to section 33A of the Acts Interpretation Act.
Item 1194 - At the end of subsection 29J(1)
1084. Subsection 29J(1) deals with acting Presiding Member of the Australian Wine and Brandy Corporation Selection Committee appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1195 - Subsections 29J(2) to (8)
1085. Subsections 29J(2) to (8) are being repealed because they repeat rules found in section 33A of the Acts Interpretation Act (as amended by item 76 of Schedule 1 to this Bill). Item 1194 adds a note so readers are aware of section 33A of the Acts Interpretation Act.
Item 1196 - Subclause 3(1) of the Schedule
1086. This item removes the number (1) from subclause 3(1) because item 1198 repeals subclause 3(2), therefore the text that is currently in subclause 3(1) will become the only text in this section.
Item 1197 - At the end of subclause 3(1) of the Schedule
1087. Subclause 3(1) of the Schedule deals with acting Presiding Member appointments. A note is being added to refer readers to the acting appointment provisions contained in section 33A of the Acts Interpretation Act.
Item 1198 - Subclause 3(2) of the Schedule
1088. This item repeals subclause 3(2) of the Schedule which specifies certain conditions when actions taken will not be invalid. This is a rule that is being added by section 33AB of the Acts Interpretation Act (see item 75 of Schedule 1 to this Bill) and therefore does not need to be repeated in the Australian Wine and Brandy Corporation Act 1980 . Item 1197 adds a note to refer readers to section 33A of the Acts Interpretation Act.
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