House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Hon George Brandis QC)

Schedule 1 - Amendments of principal Acts

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

Item 1

15 Paragraph 21-2(c) of the Aged Care Act 1997 contains an error as it refers to "Approval of Care Recipient Principles". However, there is no other reference in the Act to "Approval of Care Recipient Principles", only to "Approval of Care Recipients Principles" made by the Minister under section 96-1 of the Act. Item 1 omits the non-existent concept and substitutes the correct one.

Item 2

16 The A New Tax System (Family Assistance) Act 1999 contains two provisions numbered section 84A. Item 2 renumbers the section 84A that was substituted for an earlier section 84E by item 7 of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Rebate) Act 2011.

Item 3

17 Paragraph 108(2)(dba) of the A New Tax System (Family Assistance) (Administration) Act 1999 contains an incorrect cross-reference as it refers to a decision under subsection 218RA(1A) of the Act not to pay enrolment advance. However, there is no such provision. The correct provision to refer to is subsection 219RA(1A) of the Act, as it deals with decisions relating to payment of enrolment advance. Item 3 corrects the cross-reference.

Item 4

18 Subparagraph 1(2)(e)(iii) of Schedule 1 to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 contains a grammatical error as it refers to "a designated service provided in the course of, or in relation to... trade or commerce within a Territory, between a State or Territory or between 2 Territories". The use of "State or Territory" rather than "State and a Territory" is clearly a grammatical error as trade or commerce cannot occur "between a State" or "between a Territory". It occurs between two things, a State and a Territory. Item 4 corrects that grammatical error.

Item 5

19 Subparagraph 14(2)(b)(iii) of the AusCheck Act 2007 contains a punctuation error as it refers to "security." rather than "security;". Item 5 corrects that punctuation error.

Item 6

20 Subsection 40(2) of the Australian Film, Television and Radio School Act 1973 contains a citation error as it refers to the "Lands Acquisition Act 1955". The error occurred when the Lands Acquisition Act 1955 was repealed by the Lands Acquisition (Repeal and Consequential Provisions) Act 1989, which commenced at the same time as the Lands Acquisition Act 1989 and proposed to replace references throughout the Statute Book to the Lands Acquisition Act 1955 with references to the Lands Acquisition Act 1989. It did not amend the reference in the Australian Film, Television and Radio School Act 1973 to the Lands Acquisition Act 1955. Item 6 fixes the citation.

Items 7 and 8

21 Items 7 and 8 are related. Section 46 of the Australian Film, Television and Radio School Act 1973 contains citation errors as it refers to the "Air Accidents (Commonwealth Liability) Act 1963". The error occurred when 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 the references in section 46 of the Australian Film, Television and Radio School Act 1973. Items 7 and 8 fix the citations.

Item 9

22 Item 9 repeals the redundant heading to Part 8 of Schedule 4 to the Broadcasting Services Act 1992. That Part used to consist of clause 60D. Clause 60D was repealed by item 11 of Schedule 1 to the Broadcasting Legislation Amendment (Convergence Review and Other Measures) Act 2013, but the heading was not repealed by that Act even though all the content of the Part had been repealed.

Item 10

23 Section 1 of the Comprehensive Nuclear Test-Ban Treaty Act 1998 provides for the Act to be cited in a manner that is inconsistent with the name of the relevant treaty. Item 10 corrects the inconsistency.

Items 11 and 12

24 Items 11 and 12 are related. Section 135AEC of the Copyright Act 1968 contains errors as it refers to "goods". However, section 135AEC actually concerns "copies". The errors arose as a result of transcription errors when cloning the provision from some trademark provisions. Items 11 and 12 omit the non-existent concept and substitute the correct one.

Item 13

25 Paragraph (a) of the definition of special resolution in section 700-1 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 contains an incorrect cross-reference as it refers to "paragraph 201-35(c)" of the Act. However, there is no such provision. The correct provision to refer to is paragraph 201-35(1)(c) of the Act, as paragraph (a) of the definition of special resolution mentions a resolution of which notice has been set out and paragraph 201-35(1)(c) is about setting out notice of intentions to propose special resolutions. Item 13 corrects the cross-reference.

Item 14

26 Section 3M of the Crimes Act 1914 covers compensation for damage to equipment that occurs as a result of it being operated as mentioned in section 3K, 3L or 3LAA of that Act. Equipment that is electronic or not electronic could be operated under subsection 3K(4). However, the heading to section 3M only mentions electronic equipment. Item 14 makes an amendment to the heading to better indicate the contents of the section.

Item 15

27 Section 3Q of the Crimes Act 1914 covers provision of a receipt for things seized under a warrant or moved under subsection 3K(2) of the Act. However, the heading to section 3Q does not mention receipts for things that are moved. Item 15 makes an amendment to the heading to better indicate the contents of the section.

Item 16

28 Paragraph 14(2)(b) of Schedule 1 to the Crimes at Sea Act 2000 contains an incorrect cross-reference as it refers to "subsection 7(2)" of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. However, that provision does not exist. The correct provision to refer to is subsection 8(2) of that Act as the cross-reference is intended to refer readers to provisions that give meaning to the term "Coral Sea area". Subsection 8(2) of that Act does give the appropriate meaning, and no other provisions of that Act do. Item 16 corrects the cross-reference.

Item 17

29 The definition of threat in section 271.1 of the Criminal Code contains an incorrect cross-reference as it refers to "section 271.1A" of the Code when indicating the section that defines the meaning of threat for Division 270 of the Code. However, section 271.1A is about the wrong topic (the definition of exploitation). The correct provision to refer to is section 270.1A of the Code, as that provision contains the definition of threat for the purposes of Division 270 of the Code. Item 17 corrects the cross-reference.

Item 18

30 Paragraph 269L(3)(a) of the Customs Act 1901 contains an incorrect cross-reference as it refers to Customs tariff classifications notified by the CEO in the Gazette under section 296K of the Act. However, there is no such section. The correct provision to refer to is section 269K of the Act, as the requirement for the CEO to notify in the Gazette is contained in that section. Item 18 corrects the cross-reference.

Item 19

31 Subparagraph 269ZHD(5)(e)(ii) of the Customs Act 1901 contains an incorrect cross-reference as it refers to a longer period that the Minister may allow under section 296ZHI of the Act for placing a statement of essential facts on the public record. However, there is no such section. The correct provision to refer to is section 269ZHI of the Act, as the Minister is empowered under that section to extend that period. Item 19 corrects the cross-reference.

Item 20

32 Paragraph 58KA(1)(b) of the Defence Act 1903 contains an error as it refers to the "President" of the Defence Force Remuneration Tribunal incorrectly as the "Chairman". That title is incorrect as amendments were made by the Industrial Relations and other Legislation Amendment Act 1993 to replace the title of "Chairman" with "President". The reference in paragraph 58KA(1)(b) of the Defence Act 1903 was missed. Item 20 corrects the reference to that title.

Item 21

33 The definition of conviction in subsection 4(1) of the Defence Force Discipline Appeals Act 1955 is not located in its appropriate alphabetical position. Item 21 corrects that error.

Item 22

34 Paragraph 131AA(3)(b) of the Environment Protection and Biodiversity Conservation Act 1999 contains a grammatical error as it refers to a Minister not being required to provide "a copy of so much of a document as in the public domain" rather than "...as is in...". Item 22 corrects that grammatical error.

Item 23

35 Subsection 282(3) of the Environment Protection and Biodiversity Conservation Act 1999 refers to "making or implementing threat abatement plan" rather than "making or implementing a threat abatement plan". Item 23 corrects that grammatical error.

Item 24

36 Table item 10C of subsection 391(3) of the Environment Protection and Biodiversity Conservation Act 1999 contains a grammatical error as it refers to "referred to section" rather than "referred to in section". Item 24 corrects that grammatical error.

Items 25 and 26

37 Items 25 and 26 and 28 to 33 are related. The Fair Work Act 2009 contains a definition of FWC m ember but the majority of references in the Act are to "FWC Member". Item 25 repeals that definition, item 26 substitutes an identical definition, but of the term FWC M ember, and items 28 to 33 change the references to "FWC member" to "FWC Member".

Item 27

38 Paragraph (a) of the definition of premises in section 12 of the Fair Work Act 2009 contains a punctuation error as a comma is missing between the words "aircraft" and "ship". Item 27 corrects that punctuation error.

Items 28 to 33

39 Items 25 and 26 and 28 to 33 are related. The Fair Work Act 2009 contains a definition of FWC m ember but the majority of references in the Act are to "FWC Member". Item 25 repeals that definition, item 26 substitutes an identical definition, but of the term FWC M ember, and items 28 to 33 change the references to "FWC member" to "FWC Member".

Items 34 and 35

40 Items 34 and 35 are related. The Fair Work (Registered Organisations) Act 2009 contains a definition of FWC m ember in section 6 but the majority of references in the Act are to "FWC Member". Item 34 repeals that definition and item 35 substitutes an identical definition, but of the term FWC M ember.

Item 36

41 The heading to subclause 5(5) of Schedule 1 to the Fair Work (Registered Organisations) Act 2009 contains an error as it refers to a body incorrectly as the "FWA" (Fair Work Australia). That title is incorrect as section 575 of the Fair Work Act 2009 continued that body in existence as the "FWC" (Fair Work Commission). Item 36 corrects the reference to that title.

Item 37

42 Paragraph (a) of the note to subsection 20(2) of the Federal Circuit Court of Australia Act 1999 contains an incorrect cross-reference as it refers to "section 94 of the Family Law Act 1975". However, that provision is about the wrong topic. The note is intended to refer readers to provisions of other Acts that relate to appeals from the Federal Circuit Court of Australia. However, since the amendment of the Family Law Act 1975 by the Federal Magistrates (Consequential Amendments) Act 1999 that section has concerned appeals to the Family Court from courts other than the Federal Circuit Court. The correct provision to refer to is section 94AAA of the Family Law Act 1975, as it concerns appeals to the Family Court from the Federal Circuit Court. Item 37 corrects the cross-reference.

Item 38

43 Section 128 of the First Home Saver Accounts Act 2008 contains a typographical error as the italicisation of the Act name (Bankruptcy Act 1966) has mistakenly been extended to some surrounding words (116 of the). Item 38 corrects that typographical error.

Item 39

44 Paragraph 59L(2)(a) of the Great Barrier Reef Marine Park Act 1975 contains a spelling error as it refers to "commiting" rather than "committing". Item 39 corrects that spelling error.

Item 40

45 Item 40 repeals the definition of nursing home patient in subsection 3(1) of the Health and Other Services (Compensation) Act 1995. The term "nursing home patient" is redundant as it is not used in that Act.

Item 41

46 Item 41 removes a duplication of the word "the" in paragraph 32(1)(b) of the Health and Other Services (Compensation) Act 1995 that resulted from an amendment made by item 31 of Schedule 1 to the Health Legislation Amendment Act (No. 1) 2003.

Item 42

47 Paragraph 42(1)(e) of the Health and Other Services (Compensation) Act 1995 contains a reference to subsection 59(1) of the National Health Act 1953. However, that subsection was repealed by item 39 of Schedule 3 to the Aged Care Amendment Act 2011. Item 42 removes the redundant reference.

Item 43

48 Subsection 16A(5) of the Health Insurance Act 1973 contains an incorrect cross-reference as it refers to "paragraph (4)(b)" of section 16A of that Act. However, that paragraph is about the wrong topic (requests being made in accordance with regulations). The correct provision to refer to is subparagraph 16A(4)(a)(ii) of that Act, as it deals with the right topic (requests made otherwise than in writing and confirmed in writing within a period). Item 43 corrects the cross-reference.

Item 44

49 The note to subsection 19CC(1) of the Health Insurance Act 1973 provides signposts to relevant definitions of professional service. However, that note has become out-of-date as the definition of professional service in section 19AA is not relied on for the purposes of section 19AB as suggested by the note. The note is also redundant as the provisions themselves make clear the meaning of professional service. Item 44 repeals the redundant note.

Item 45

50 Item 45 omits a duplication of the phrase "(including each holder of an extension of such a certificate)" in subsection 14(2) of the Industrial Chemicals (Notification and Assessment) Act 1989 that resulted from an amendment made by item 36 of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment Act 1997. The amendment specified the phrase should be inserted after "chemical" in subsection 14(2) but did not specify which of the two occurrences in the subsection it should be inserted after. It was inserted after both. However, the insertion after the first occurrence resulted in nonsensical text ("Not less than 28 days before including the chemical (including each holder of an extension of such a certificate) in the Inventory...". Item 45 removes the redundant reference.

Items 46 and 47

51 Items 46 and 47 are related. The form of certificate of judgment referred to in section 65 of the Judiciary Act 1903 and set out in the Schedule to the Act provides for years from 1900 to 1999 to be entered as the years in which judgments were obtained and in which certificates were given. Items 46 and 47 update the form of certificate of judgment to refer to years from 2000 to 2099. Item 46 also inserts a space to insert the relevant month.

Item 48

52 Section 7 of the Marriage Act 1961 contains a reference to subsection 4(2) of the Marriage Act 1961. However, section 4 was repealed by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act 1988. Item 48 removes the redundant reference.

Items 49 and 50

53 Items 49 and 50 are related. Subsection 140XG(1) and paragraphs 140XH(a) and (b) of the Migration Act 1958 contain incorrect cross-references as they refer to paragraphs 140XC(d) and 140XC(e) of the Act respectively. However, paragraphs 140XC(d) and 140XC(e) were renumbered as "140XC(1)(d)" and "140XC(1)(e)" by item 16 of Schedule 6 to the Migration Amendment (Temporary Sponsored Visas) Act 2013. Items 49 and 50 correct the cross-references.

Item 51

54 The note to subsection 248(1) of the National Health Reform Act 2011 contains a grammatical error as it refers to "when such a law imposes a duty of the Funding Body or an officer of the Commonwealth" rather than "... duty on the Funding Body...". Item 51 corrects that grammatical error.

Item 52

55 Subsection 313(3) of the Navigation Act 2012 contains an incorrect cross-reference as it refers to "section 332" of that Act. However, that provision is about the wrong topic (physical elements of offences). The correct provision to refer to is section 334 of the Act, as it deals with the right topic (decisions of the Minister not to exempt a vessel or a class of vessel) and is also referred to in paragraph 313(1)(zg) of the Navigation Act 2012 for that same reason. Item 52 corrects the cross-reference.

Item 53

56 Paragraph 36(1)(c) of the Patents Act 1990 contains a punctuation error as it refers to "probabilitie s,," rather than "probabilitie s,". Item 53 corrects that punctuation error.

Item 54

57 Subsection 57(5) of the Patents Act 1990 is not located in its appropriate numerical position. Item 54 corrects that error.

Items 55 and 56

58 Items 55 and 56 are related. Section 36 of the Personal Property Securities Act 2009 contains errors as it refers to "goods" and "documents". However, section 36 actually concerns "negotiable instruments" and "investment instruments". The errors arose as a result of transcription errors when cloning the provision from section 35 of that Act. Items 55 and 56 omit the non-existent concepts and substitute the correct ones.

Item 57

59 The Schedule to the Public Order (Protection of Persons and Property) Act 1971 contains a citation error as it refers to sections 62, 63, 64, 65, 66 and 77 of "The Criminal Code" of Queensland. However, it is correct to refer to "the Criminal Code", due to subsection 2(2) of the Criminal Code Act 1899 (Qld), which states that the Code may be cited as "the Criminal Code". Item 57 fixes the citation.

Item 58

60 Item 76 of Schedule 1 to the Public Service Amendment Act 2013 amended section 23 of the Public Service Act 1999 to give a power to the Public Service Commissioner that was formerly given to the Public Service Minister. Doing so left the Public Service Minister with no functions or powers under section 23 of the Public Service Act 1999. However, the Public Service Amendment Act 2013 did not make a consequential amendment to subsection 78(3) of the Public Service Act 1999 to remove a reference to the Public Service Minister's powers or functions under section 23. Item 58 omits the redundant reference.

Item 59

61 Paragraph 7(5B)(a) of the Remuneration Tribunal Act 1973 contains a typographical error as it refers to "a Federal Court" rather than "a federal court". Other similar provisions of the Act (including subsection 20(4) which is intended to affect the meaning of paragraph 7(5B)(a)) refer to "a federal court". Item 59 corrects that typographical error.

Item 60

62 Paragraph (b) of the definition of protected information in subsection 79A(1) of the Reserve Bank Act 1959 contains a citation error as it refers to "related (within the meaning of the Corporations Law)". However, it is correct to instead refer to the Corporations Act 2001 due to the repeal of the Corporations Law by the Corporations (Repeals, Consequentials and Transitionals) Act 2001 and replacement of the relevant provisions of that Law with relevant provisions of the Corporations Act 2001. Item 60 fixes the citation.

Item 61

63 Paragraph 144B(2)(b) of the Safety, Rehabilitation and Compensation Act 1988 contains an error as it refers to a body incorrectly using the acronym "MRCA". The body being referred to is the Military Rehabilitation and Compensation Commission. The correct acronym for that body under section 141 of the Act is "MRCC". Item 61 corrects the reference to that title.

Item 62

64 Step 4 of the method statement in Point 1068-A1 of the Social Security Act 1991 contains an incorrect cross-reference as it requires that a step in working out the rate of benefit is to "Add up the amounts obtained in Steps 1 to 4: the result is called the maximum payment rate". However, the amounts are obtained in the proceeding steps 1 to 3, not in step 4 itself and it is a grammatical error to capitalise the first letter of "Steps". So step 4 should clearly refer to "steps 1 to 3". Item 62 corrects the cross-reference and grammatical error.

Items 63 and 64

65 Items 63 and 64 are related. Item 63 repeals the redundant definition of employee in subsection 3(1) of the Student Assistance Act 1973. That definition is redundant as that Act contains no substantive provision that relies on that definition. Item 64 repeals subsection 3(3) of that Act, which purports to extend the class of people who are included within the definition of employee for the purposes of the Act. However, as the definition of employee is redundant, subsection 3(3) is also redundant.

Items 65 and 66

66 Items 65 and 66 are related. Item 65 repeals the redundant note 4 to section 352 of the Student Assistance Act 1973. Item 66 repeals the redundant note 4 to subsection 357(1) of that Act. Those notes are redundant as they refer to section 298 of that Act. However, section 298 of that Act was repealed by the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998.

Items 67 to 69

67 Items 67 to 69 are related. Subsections 13(4) to (7) of the Superannuation Act 2005 contain incorrect cross-references as they refer to declarations under paragraph 13(1)(b) of the Act. However, declarations are not made under that paragraph. Declarations used to be made under that paragraph but, following amendments of section 13, they are now made under subparagraph 13(1)(a)(ii). Items 67 to 69 correct the cross-references.

Item 70

68 Subsection 105(5A) of the Telecommunications Act 1997 contains a reference to Part 15 of the Act. However, that Part was repealed by item 52 of Schedule 1 to the Telecommunications (Interception and Access) Amendment Act 2007. Item 70 omits the redundant reference.

Item 71

69 Paragraph 13B(2)(b) of the Veterans' Entitlements Act 1986 contains an incorrect cross-reference as it refers to "section 13AD" of the Act. However, there is no such provision. The correct provision to refer to is section 13AC of the Act, as paragraph 13B(2)(b) refers to "the date that an application for the determination in respect of the reinstated pensioner was lodged" under a particular section and section 13AC concerns the lodgement of those applications. Item 71 corrects the cross-reference.