Acts Interpretation Act 1901

PART 5 - GENERAL INTERPRETATION RULES

SECTION 19C MACHINERY OF GOVERNMENT - REFERENCES TO AUTHORITIES IN COMMONWEALTH AGREEMENTS

Scope

19C(1)
This section applies if:

(a) a provision of an agreement entered into by or on behalf of the Commonwealth refers to an authority (see subsection (6)) in relation to a particular matter (the relevant matter ); and

(b) any of the following happens after the agreement was entered into:

(i) the authority is abolished;

(ii) the name or title of the authority is changed;

(iii) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;

(iv) the reference to the authority becomes no longer appropriate for any other reason.

References to authorities in Commonwealth agreements

19C(2)

View history reference

The following table provides which authority the provision of the agreement is taken to refer to in relation to the relevant matter on a particular day (the relevant day ) after the most recent event mentioned in paragraph (1)(b).

References to authorities in Commonwealth agreements
Item	If the provision refers to …	then the provision is taken to refer to …
1	a Minister	the Minister, or any of the Ministers, administering the Department of State of the Commonwealth that deals with the relevant matter on the relevant day.
2	a Department	the Department of State of the Commonwealth that deals with the relevant matter on the relevant day.
3	any other authority (the *relevant authority* )	an authority (including the relevant authority):
		(a)	exercising the powers, or performing the functions, of the relevant authority on the relevant day; or
		(b)	determined under subsection (4).

19C(3)
The following instruments, as in force on the relevant day, or any earlier day, may be used to work out which authority is taken to be referred to under subsection (2):

(a) an Administrative Arrangements Order;

(b) a substituted reference order under section 19B .

Note:

Substituted reference orders under section 19B may have effect in relation to days before the orders are made.

19C(4)
The Minister administering the Department of State of the Commonwealth that deals with the relevant matter may, by notifiable instrument, make a determination for the purposes of item 3 of the table in subsection (2).

Note 1:

A determination may be amended or revoked in the same way as it is made (see subsection 33(3) ).

Note 2:

Notifiable instruments must be registered under the Legislation Act 2003 , but they are not subject to parliamentary scrutiny or sunsetting under that Act.

19C(5)
To avoid doubt, if, because of this section, a provision of an agreement entered into by or on behalf of the Commonwealth is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers.

Definition of authority

19C(6)
In this section:

authority
means any of the following:

(a) a Minister;

(b) a Department of State of the Commonwealth;

(c) any other Agency within the meaning of the Public Service Act 1999 ;

(d) an office (including an APS employee ' s office and any other appointment or position), or the holder of an office.

Note:

Offices are offices in and for the Commonwealth (see section 21 ). An example is the office of Secretary of a Department of State.

View history note

History

S 19C substituted by No 10 of 2015, s 3 and Sch 2 item 3, effective 5 March 2016. For application and transitional provisions, see note under s 19 . S 19C formerly read:

SECTION 19C REFERENCES IN AGREEMENTS TO A DEPARTMENT, MINISTER, OFFICER OR BODY
19C(1)
Where an agreement is or has been entered into, either before or after the commencement of this section, by or on behalf of the Commonwealth and, after the date of the agreement, the functions of a Department of State of the Commonwealth in relation to the administration of matters to which the agreement relates (in this section referred to as the former Department ) are or have been allotted to another Department (in this section referred to as the new Department ):

(a) any reference in the agreement to a Minister administering the former Department shall be read as a reference to a Minister administering the new Department or to a member of the Executive Council acting for the time being for him and on his behalf;

(b) any reference in the agreement to the former Department shall be read as a reference to the new Department; and

(c) any reference in the agreement to an officer or body of persons shall be read as a reference to:

(i) any other officer or body for the time being exercising the powers or performing the functions of the first-mentioned officer or body; or

(ii) an officer or body specified, by order, by a Minister administering the new Department.

19C(2)
In this section:
officer
includes an APS employee.

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History

S 19C(2) inserted by No 146 of 1999.

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