House of Representatives

Explanatory Memorandum

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

Schedule 4 - Terminology changes

83 The items in this Schedule contain minor changes to expressions to ensure the provisions accord with current Commonwealth drafting practice.

Part 1 - Chairman and Deputy Chairman

84 Section 12 of the Archives Act 1983 requires the Minister to appoint a Chairman and Deputy Chairman of the National Archives of Australia Advisory Council. Current Commonwealth drafting practice is to refer to the titles of Chair and Deputy Chair. Items 1 to 6 of Part 1 amend the Act to refer to the office of Chair and Deputy Chair of the Council. Item 7 changes references in various provisions of that Act from "Chairman" to "Chair". Item 8 is a saving provision which provides that the current Chairman and Deputy Chairman of the Council continue to hold office as the Chair and Deputy Chair of the Council. Section 18B of the Acts Interpretation Act 1901 will enable the Chair and Deputy Chair to be referred to by a range of chair titles.

85 Subparagraph 40(1)(e)(ii) of the Bankruptcy Act 1966 refers to the chairman of a meeting. Current Commonwealth drafting practice is to refer to the chair of a meeting. That practice is followed in other provisions of the Act, including subparagraph 40(1)(f)(ii). Item 9 amends subparagraph 40(1)(e)(ii) to refer to the chair of a meeting.

Part 2 - Electronic mail and e-mail

86 The items in Part 2 change references to "electronic mail" or "e-mail" to "email" to accord with current Commonwealth drafting practice. Section 15AC of the Acts Interpretation Act 1901 (changes to style not to affect meaning) ensures that the change does not affect the meaning of the provisions.

Part 3 - Facsimile

87 The items in Part 3 change various usages of "facsimile" to "fax" to accord with current Commonwealth drafting practice. Section 15AC of the Acts Interpretation Act 1901 (changes to style not to affect meaning) ensures that the change does not affect the meaning of the provisions. Item 87 is a transitional provision which ensures that various certificates continue to have effect after commencement even if they continue to refer to "facsimile" rather than "fax".

Part 4 - Trademark

88 The items in Part 4 change the expression "trademark" to "trade mark" to accord with current Commonwealth drafting practice. This change also reflects the use of "trade marks" in paragraph 51(xviii) of the Constitution.