House of Representatives

Explanatory Memorandum

(Circulated by the authority of the Attorney-General, the Hon Mark Dreyfus QC MP)

Schedule 1-Amendment of principal Acts

15 The items in this Schedule amend errors contained in principal Acts.

Part 1-Amendments commencing on Royal Assent

Items 1 to 8

16 Items 1 to 8 are related. Item 7 of Schedule 11 to the Financial Framework Legislation Amendment Act 2010 repealed Part 4B of the Aboriginal and Torres Strait Islander Act 2005 . That Part included a section 193X. Notes to subsections 22(1), 35(4A), 35(6) and 35(11) of the Aboriginal Land Rights (Northern Territory) Act 1976 refer to things that may be done under section 193X. The notes are redundant and items 2, 4, 6 and 8 repeal them. Items 1, 3, 5 and 7 make consequential amendments renaming the remaining notes to subsections 22(1), 35(4A), 35(6) and 35(11) of the Aboriginal Land Rights (Northern Territory) Act 1976 "Note" rather than "Note 1" as, once the repeals are made, there will be no other notes to the subsections.

Item 9

17 Item 9 repeals section 38 of the Aboriginal Land Rights (Northern Territory) Act 1976 . That section is redundant as it applies only if the Minister receives a copy of a report under section 193X of the Aboriginal and Torres Strait Islander Act 2005 and item 7 of Schedule 11 to the Financial Framework Legislation Amendment Act 2010 repealed Part 4B of the Aboriginal and Torres Strait Islander Act 2005 , which included section 193X.

Item 10

18 Item 7 of Schedule 11 to the Financial Framework Legislation Amendment Act 2010 repealed Part 4B of the Aboriginal and Torres Strait Islander Act 2005 . That Part included a section 193X. The note to subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 refers to things that may be done under section 193X. The note is redundant and item 10 repeals it.

Items 11 and 12

19 Items 11 and 12 are related. Item 7 of Schedule 11 to the Financial Framework Legislation Amendment Act 2010 repealed Part 4B of the Aboriginal and Torres Strait Islander Act 2005 . That Part included a section 193X. A note to subsection 67B(7) of the Aboriginal Land Rights (Northern Territory) Act 1976 refers to things that may be done under section 193X. The note is redundant and item 12 repeals it. Item 11 makes a consequential amendment renaming the remaining note to subsection 67B(7) of the Aboriginal Land Rights (Northern Territory) Act 1976 "Note" rather than "Note 1" as, once the repeal is made, there will be no other notes to that subsection.

Item 13

20 Item 13 corrects incorrect punctuation in subsection 77C(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 by replacing "Part, 2" with "Part 2". The error occurred when item 1 of Schedule 3 to the Indigenous Affairs Legislation Amendment Act 2008 amended that subsection.

Item 14

21 Paragraph (b) of the definition of community care facility in subsection 71A(3) of the Airports Act 1996 consists only of text that refers to "a nursing home within the meaning given by the National Health Act 1953 ". However, the concept of a "nursing home" is no longer in the National Health Act 1953 . Therefore, paragraph (b) of the definition of community care facility in subsection 71A(3) of the Airports Act 1996 is redundant. Item 14 repeals that redundant paragraph.

Item 15

22 Subparagraph (c)(ia) of the definition of income tax refund in subsection 3(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 was inserted by the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003 on 1 January 2004. The subparagraph only refers to section 154-60 of the Higher Education Support Act 2003 . That reference became redundant as a result of the Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 retrospectively replacing the definition on 1 July 2002 with a definition that included a subparagraph (c)(ii) that refers to section 154-60 of the Higher Education Support Act 2003 . The retrospective replacement means that the amendment that commenced on 1 January 2004 included a redundant reference to section 154-60 of the Higher Education Support Act 2003 in the replacement definition. Item 15 repeals that redundant reference and subparagraph.

Item 16

23 Item 16 omits a reference in subsection 118(2) of the A New Tax System (Family Assistance) (Administration) Act 1999 to subsection (2A) of section 118, which was repealed by item 85 of Schedule 5 to the Child Support Legislation Amendment (Reform of the Child Support Scheme-New Formula and Other Measures) Act 2006 .

Item 17

24 Item 17 replaces a comma with a semicolon at the end of paragraph 8(1)(a) of the Anti-Personnel Mines Convention Act 1998 . This corrects the punctuation at the end of the paragraph.

Items 18 and 19

25 Items 18 and 19 are related. These items correct out-of-date references in section 46 of the Australian Institute of Marine Science Act 1972 to the Air Accidents (Commonwealth Liability) Act 1963 . The short title of the Air Accidents (Commonwealth Liability) Act 1963 was changed (by the Air Accidents (Commonwealth Government Liability) Amendment Act 1978 ) to the Air Accidents (Commonwealth Government Liability) Act 1963 and amendments were made across the statute book changing references to the short title of the Act. However, a consequential change was not made to references in section 46 of the Australian Institute of Marine Science Act 1972 . Items 18 and 19 correct these oversights.

Item 20

26 Item 20 fixes incorrect punctuation by amending the note at the end of subsection 11(4) of the Australian Meat and Live-stock Industry Act 1997 . It inserts a missing full stop after the word "offence" at the end of the note.

Item 21

27 Paragraph 63(1A)(f) of the Australian Meat and Live-stock Industry Act 1997 contains a cross-reference to "paragraph 3(1)(a) and (2)(a)", which should be to "paragraphs 3(1)(a) and (2)(a)". Item 21 fixes this grammatical error.

Item 22

28 The only words in subsection 70(3) of the Australian Meat and Live-stock Industry Act 1997 are "In this section:". Since there are no longer any definitions in that subsection it is redundant. Item 22 repeals that subsection.

Item 23

29 Section 34ZU of the Australian Security Intelligence Organisation Act 1979 refers to "warrant issued this Division", which should be to "warrant issued under this Division". Item 23 fixes this grammatical error.

Item 24

30 Subsection 18A(4) of the Broadcasting Services Act 1992 refers to paragraph 21(b) of the Acts Interpretation Act 1901 . However that paragraph was renumbered as paragraph 21(1)(b) as a result of an amendment by item 37 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999 . Item 24 corrects the cross-reference.

Item 25

31 Section 130ZVA of the Broadcasting Services Act 1992 concerns categories for "subscription television movie services". Under subparagraph 130ZVA(3)(a)(i) services can be nominated to be "Category A subscription television movie services". However, subparagraph 130ZVA(3)(a)(iii) refers back to this nomination process but then mislabels the services as "Category A subscription television entertainment services" rather than "Category A subscription television movie services". Item 25 corrects this error.

Item 26

32 Section 130ZVA of the Broadcasting Services Act 1992 concerns categories for "subscription television movie services". Under subparagraph 130ZVA(3)(a)(ii) services can be nominated to be "Category B subscription television movie services". However, subparagraph 130ZVA(3)(a)(iv) refers back to this nomination process but then mislabels the services as "Category B subscription television entertainment services" rather than "Category B subscription television movie services". Also, subparagraph 130ZVA(3)(a)(iv) concerns a single service not plural services. Item 26 corrects these errors.

Item 27

33 Section 130ZW of the Broadcasting Services Act 1992 concerns categories for "subscription television general entertainment services". Under subparagraph 130ZW(3)(a)(i) services can be nominated to be "Category A subscription television general entertainment services". However, subparagraph 130ZW(3)(a)(iii) refers back to this nomination process but then mislabels the services as "Category A subscription television entertainment services" rather than "Category A subscription television general entertainment services". Item 27 corrects this error.

Item 28

34 Section 130ZW of the Broadcasting Services Act 1992 concerns categories for "subscription television general entertainment services". Under subparagraph 130ZW(3)(a)(ii) services can be nominated to be "Category B subscription television general entertainment services". However, subparagraph 130ZW(3)(a)(iv) refers back to this nomination process but then mislabels the services as "Category B subscription television entertainment services" rather than "Category B subscription television general entertainment services". Item 28 corrects this error.

Item 29

35 Item 29 repeals the redundant heading to Division 5 of Part 2 of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 . That Division used to consist of section 22. Section 22 was repealed by the Broadcasting Services Legislation Amendment Act 1997 , but the Division heading was not repealed by that Act even though all the content of the Division had been repealed.

Item 30

36 Item 257 of Schedule 1 to the Clean Energy (Consequential Amendments) Act 2011 repealed the only section in Division 3 of Part 12 of the Carbon Credits (Carbon Farming Initiative) Act 2011 . Since Division 3 no longer contains any provisions, the heading to that Division is redundant. Item 30 repeals the heading.

Item 31

37 Subsections 64(1) and (3) of the Clean Energy Act 2011 contain the text "natural gas liquefied petroleum gas", which should be "natural gas, liquefied petroleum gas". Item 31 fixes this grammatical error.

Item 32

38 Subparagraph 6(2)(b)(i) of the Competition and Consumer Act 2010 contains the text "sections, 45, 45B", which should be "sections 45, 45B". Item 32 fixes this punctuation error.

Item 33

39 Subsections 19A(4) and (5) of the Customs Tariff Act 1995 contain the text "subsection (1), or (2)", which should be "subsection (1) or (2)". Item 33 fixes this punctuation error.

Item 34

40 Paragraph 84E(3)(a) of the Defence Forces Retirement Benefits Act 1948 contains a spelling mistake as it refers to "classifed" rather than "classified". Item 34 corrects that spelling error.

Item 35

41 Section 61C of the Excise Act 1901 concerns the granting of "permission to deliver goods for home consumption without entry". Paragraph 61C(3)(d) refers to a person having "permission to enter goods of a kind mentioned in subparagraph (1)(b)(ii)". However, subparagraph 61(1)(b)(ii) only mentions goods to be delivered for home consumption . There is no other reference in the Act to the concept of "permission to enter goods", only a concept of "permission to deliver goods for home consumption " used throughout the provision. Item 35 omits the non-existent concept and substitutes the correct one.

Items 36 to 46

42 Items 36 to 46 are related. Items 36 to 45 make technical changes to various sections of the Export Inspection and Meat Charges Collection Act 1985 . The changes ensure the provisions accord with current drafting style by spelling "authorize" (and its other grammatical forms) with an "s", instead of a "z", and to ensure consistency with other provisions of that Act. Item 46 is an application provision that ensures the technical change to the spelling cannot invalidate previous "authorizations".

Item 47

43 Item 47 fixes incorrect punctuation by amending paragraph 713(2)(c) of the Fair Work Act 2009 (the last paragraph of subsection 713(2)) to replace a semicolon after the word "document" with a full stop.

Item 48

44 The note to section 148 of the Fair Work (Registered Organisations) Act 2009 is intended to refer readers to provisions that deal with the conduct of officers and employees. However, it refers to "Part 4 of Chapter 8", which relates to access to organisations' books. Chapter 9 relates to conduct of officers and employees. Item 48 corrects the cross-reference.

Item 49

45 The current definition of social security benefit in subsection 3(1) of the Farm Household Support Act 1992 is not in its correct alphabetical place in the list of definitions. Item 49 places the definition in the correct alphabetical order.

Item 50

46 The current definition of fish receiver permit in subsection 4(1) of the Fisheries Management Act 1991 is not in its correct alphabetical place in the list of definitions. Item 50 places the definition in the correct alphabetical order.

Item 51

47 The only text in paragraph 48(1A)(a) of the Fisheries Management Act 1991 is a cross-reference to section 49 of that Act. However, section 49 of that Act was repealed by item 19 of Schedule 1 to the Fisheries Legislation Amendment Act 2010 . Item 51 repeals paragraph 48(1A)(a) of the Fisheries Management Act 1991 removing the redundant reference.

Items 52 to 54

48 Items 52 to 54 are related. Paragraph 203AE(7)(b), paragraph 203AH(4)(b) and the note to subsection 203DF(1) of the Native Title Act 1993 relate to audits under Part 4B of the Aboriginal and Torres Strait Islander Act 2005 . Item 7 of Schedule 11 to the Financial Framework Legislation Amendment Act 2010 repealed Part 4B of the Aboriginal and Torres Strait Islander Act 2005 . Paragraph 203AE(7)(b), paragraph 203AH(4)(b) and the note to subsection 203DF(1) of the Native Title Act 1993 are redundant. Items 52 to 54 repeal those provisions.

Item 55

49 The note to subsection 178(1) of the Personal Property Securities Act 2009 refers to "Subdivision A (administrative process) or Subdivision B (judicial process) of Division 3" of the Part that it is in (Part 5.6). However, Part 5.6 has no Division 3 and ends at Division 2, which has Subdivisions with those subject matters. Item 55 corrects the cross-reference.

Item 56

50 Note 1 to the definition of ordinary income in subsection 8(1) of the Social Security Act 1991 refers to "subsection 10(1)". However, section 10 is not divided into subsections. Item 56 corrects the cross-reference.

Item 57

51 Note 2 to subsection 23(10) of the Social Security Act 1991 refers to "sections 610 and 691". However, those sections have been repealed. Subsection 23(1) contains a definition of the term ordinary waiting period . Item 57 corrects the cross-reference. It also renumbers "Note 2" as "Note" as there are no longer any other notes to subsection 23(10) and ensures that the text of the note begins with a capital letter.

Item 58

52 Paragraph 93WC(2)(aa) of the Social Security Act 1991 has a repeated conjunction at the end. Item 58 removes the second of the conjunctions.

Item 59

53 Subsection 552A(1) of the Social Security Act 1991 refers to "paragraph 552(b)" of the Act. However, there is no paragraph 552(b). The correct paragraph is 552(2)(b) of the Act, which refers to section 552A. Item 59 corrects the cross-reference.

Item 60

54 Note 4 to subsection 598(1) of the Social Security Act 1991 refers to "for serving the liquid assets test waiting period see subsection 23(10)". However, subsection 23(10A) deals with when persons are subject to a liquid assets test waiting period, not subsection 23(10). Item 60 corrects the cross-reference.

Items 61 and 62

55 Items 61 and 62 are related. Note 3 to subsection 680(3) of the Social Security Act 1991 indicates that subsections 680(1) and (2) of the Act are relevant to the impact of the value of assets of partners on the value of a person's assets. However, subsection 680(1) does not deal with this matter and subsection 680(2) has been repealed. Subsections 681(1) and (2) instead deal with the relevant matters. Items 61 and 62 correct the cross-references.

Item 63

56 Note 1 to subsection 29A(2) of the Superannuation Industry (Supervision) Act 1993 amended by item 63 is the only note under the relevant text of subsection 29A(2). Item 63 omits the unnecessary note number.

Item 64

57 Item 64 renumbers the subsection 29VA(9) of the Superannuation Industry (Supervision) Act 1993 , inserted by item 33 of Schedule 1 to the Superannuation Legislation Amendment (Further MySuper and Transparency Measures) Act 2012 , as subsection (9A) to prevent two subsections having the same number.

Items 65 to 68

58 Items 65 to 68 are related. Throughout the Telecommunications (Interception and Access) Act 1979 (the Commonwealth Act ) are cross-references to various provisions of the Independent Commissioner Against Corruption Act 2012 of South Australia (the South Australian Act ). Four of those cross-references are incorrect.

59 There are references to "the Deputy Commissioner referred to in section 8" of the South Australian Act in subparagraph (ia)(ii) of the definition of certifying officer in subsection 5(1) of the Commonwealth Act, subparagraph (m)(ii) of the definition of officer in subsection 5(1) of the Commonwealth Act and in subparagraph 39(2)(j)(ii) of the Commonwealth Act. However, section 8 of the South Australian Act concerns the Commissioner. Section 9 of the South Australian Act concerns the Deputy Commissioner. Items 65, 67 and 68 correct the cross-references.

60 There is a reference in the definition of member of the staff of the Independent Commissioner Against Corruption in subsection 5(1) of the Commonwealth Act to "a person who is engaged under subsection 10(1)" of the South Australian Act. However, subsection 10(1) of the South Australian Act concerns pension rights. Subsection 12(1) of the South Australian Act concerns employees. Item 66 corrects this cross-reference.

Item 69

61 Paragraph 45UUC(2)(aa) of the Veterans' Entitlements Act 1986 has a repeated conjunction at the end. Item 69 removes the second of the conjunctions.

Item 70

62 Paragraph 45UUC(2)(ab) of the Veterans' Entitlements Act 1986 does not have a conjunction at the end, despite being followed by an additional paragraph. Item 70 inserts the missing conjunction.

Item 71

63 The note to subsection 198GA(1) of the Veterans' Entitlements Act 1986 refers to amounts "provided for in column 4 of the table in subpoint SCH6-C8". However, as subsection 198GA(1) makes clear, those amounts are provided for instead in column 4 of the table in subpoint SCH6-C8(1). Item 71 corrects the cross-reference.

Item 72

64 Subparagraph 199(c)(iii) of the Veterans' Entitlements Act 1986 has a repeated conjunction at the end. Item 72 removes the second of the conjunctions.

Part 2-Amendments commencing on 18 November 2012

Item 73 65 Subparagraph 8(1)(jc)(i) of the Personal Property Securities Act 2009 refers to "section 6 of the Commonwealth Inscribed Stock Act 1911 ". That section has been repealed by item 4 of Schedule 1 to the Commonwealth Government Securities Legislation Amendment (Retail Trading) Act 2012 . Item 73 removes that reference and recasts paragraph 8(1)(jc).

Part 3-Other amendments

Item 74

66 Item 74 removes an unnecessary use of the word "section" in subsection 51A(1) of the Customs Act 1901 that resulted from an amendment made by item 20 of Schedule 1 to the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 .

Item 75

67 Item 75 removes an unnecessary repetition of the word "section" in subsection 112A(1) of the Customs Act 1901 that resulted from an amendment made by item 21 of Schedule 1 to the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 .

Item 76

68 Item 76 removes an unnecessary repetition of the word "section" in subsection 112A(3) of the Customs Act 1901 that resulted from an amendment made by item 22 of Schedule 1 to the Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Act 2012 .