#82; 2013 (NO. 1) (SLI NO 64 OF 2013)
EXPLANATORY
STATEMENT
Select
Legislative Instrument 2013 No. 64
ISSUED
BY THE AUTHORITY OF THE ATTORNEY-GENERAL
ACTS
INTERPRETATION ACT 1901
ACTS INTERPRETATION
(SUBSTITUTED REFERENCES -
SECTION 19B) AMENDMENT
ORDER 2013 (No. 1)
The Acts
Interpretation Act 1901 (the Act) provides rules for the interpretation of
all Commonwealth Acts and addresses matters such as interpreting references to
Ministers, Departments or Secretaries of Departments.
A general
reference to a Minister, Department or Secretary in a provision of an Act or
instrument made under an Act means the Minister, Department or Secretary of the
Department administering the legislation for the time being. Where provisions
of Acts and instruments made under Acts refer to particular Ministers,
Departments or Secretaries of Departments by title, these specific references
may need to be altered to reflect new administrative arrangements, such as the
change in name of a Minister or Department or the transfer of legislation between
portfolios under a revised Administrative Arrangements Order (AAO).
Section
19B of the Act confers on the Governor-General power to make orders which
appropriately alter all specific references contained in provisions of Acts.
Subsection
19B(1) provides that the Governor-General may make an order altering a
reference in a provision of an Act to a particular Minister if there is no
longer any such Minister.
Subsection
19B(2) provides that the Governor-General may make an order altering a
reference in a provision of an Act to a particular Department if that
Department has been abolished or the name of the Department has been changed.
Subsection
19B(3) provides that the Governor-General may make an order altering a
reference in a provision of an Act to a particular Secretary of a Department if
that office of Secretary has been abolished or the name of that office has been
changed.
On 25
March 2013, a new Ministry was sworn in by the Governor-General following the announcement
by the Prime Minister of a number of changes to her Ministry, including the creation
of the new position of Minister for Regional Services, Local Communities and
Territories and the new position of Minister for Climate Change, Industry and
Innovation. The Department of Climate Change and Energy Efficiency was
abolished and amendments were made to the AAO to transfer its functions to the
newly titled Department of Industry, Innovation, Climate Change, Science,
Research and Tertiary Education and the existing Department of Resources, Energy
and Tourism.
The
purpose of the Acts Interpretation (Substituted References - Section 19B)
Amendment Order 2013 (No. 1) (the Order) is to reflect the ministerial
changes announced by the Prime Minister and the transfer of
responsibilities through the AAO amendments made by the Governor-General on 25
March 2013.
The Order ensures
that Ministers, Departments and Secretaries of Departments can exercise all
powers granted to them by legislation for which they are responsible under the
AAO, by ensuring that references to Ministers, Departments and Secretaries in
legislation refer to the correct Ministers, Departments and Secretaries.
The Order
amends the Acts Interpretation (Substituted References - Section 19B) Order
1997.
Details of
the Order are set out in the Attachment.
The Act
specifies no conditions that need to be met before the power to make the Order
may be exercised.
The Order is
a legislative instrument for the purposes of the Legislative Instruments Act
2003. The Legislative Instruments Regulations 2004 provide that an
instrument made under section 19B of the Acts Interpretation Act 1901 is
not subject to the disallowance or sunset provisions of the Legislative
Instruments Act 2003. Accordingly a human rights statement of compatibility
is not required.
The Order
commences on the day after it is registered on the Federal Register of
Legislative Instruments.
The Order
was developed in consultation with all relevant Commonwealth Departments. The
Order is of a machinery nature only and has no direct or substantial indirect
effect on business.
Authority: Section 19B of the
Acts Interpretation Act 1901
ATTACHMENT
Details
of the Acts Interpretation (Substituted References - Section 19B) Amendment
Order 2013 (No. 1)
Section
1 provides that
the Order is named the Acts Interpretation (Substituted References - Section
19B) Amendment Order 2013 (No. 1).
Section
2 provides that
the Order commences on the day after it is registered on the Federal Register
of Legislative Instruments.
Section
3 provides that
the Order is made under subsections 19B(1), (2) and (3) of the Acts
Interpretation Act 1901.
Section
4 provides that
Schedule 1 amends the Acts Interpretation (Substituted References - Section
19B) Order 1997 (the original Order).
Schedule
1
The items
in Schedule 1 amend the original Order.
Amendments
to Schedule 1 to the original Order
Item [1]
substitutes a
new heading for Part 15 of Schedule 1 to the original Order. The current
heading makes reference to the commencement of the Acts Interpretation
(Substituted References - Section 19B) Amendment Order 2013 (No. 1). The
heading is updated to the specific date (9 February 2012), which is the date
the instrument was made.
Item [2]
inserts a new
Part 16 into Schedule 1 to the original Order. Section 3 of the
original Order provides for each item in a Part of Schedule 1 to substitute
references to the Minister (or Ministers) mentioned in column 2 for references
to the Minister (or Ministers) mentioned in column 3, wherever such references
occur in a provision mentioned in column 4. The new Part 16 of Schedule 1
sets out a new item, the relevant existing reference, substitute reference and
affected provisions, for the machinery changes referred to in section 3 of the
original Order.
As shown
in the table below, a reference to the Minister listed in the column 2 of Part
15, in a provision listed in column 4, is replaced by a reference to the
Minister listed in column 3.
Item
|
Existing
reference
|
Substitute
reference
|
Affected
provisions
|
1
|
Minister
for Regional Australia, Regional Development and Local Government
|
Minister
for Regional Services, Local Communities and Territories
|
Provisions
of the Imprisonment and Custody of Offenders Ordinance 1998 (Christmas
Island)
|
2
|
Minister
for Industry and Innovation
|
Minister
for Climate Change, Industry and Innovation
|
Provisions
of the Migration Regulations 1994
Provisions
of instruments made under the following:
(a)
the Customs Act 1901;
(b)
the Customs Tariff Act 1995;
(c)
the Disability Discrimination
Act 1992;
(d)
the Industry Research and
Development Act 1986;
(e)
the Migration Regulations
1994
|
Amendments
to Schedule 2 to the original Order
Item [3]
substitutes a
new heading for Part 11 of Schedule 2 to the original Order. The current
heading makes reference to substitutions made on the commencement of the Acts
Interpretation (Substituted References - Section 19B) Amendment Order 2013 (No.
1). The heading is updated to the specific date (9 February 2012), which
is the date the instrument was made.
Item [4]
inserts a new
Part 12 into Schedule 2 to the original Order. Section 4 of the
original Order provides for each item in a Part of Schedule 2 to substitute references
to the Department mentioned in column 2 for references to the Department
mentioned in column 3, wherever such references occur in a provision mentioned
in column 4. The new Part 12 of Schedule 2 sets out a new item, the
relevant existing reference, substitute reference and affected provisions, for
the machinery changes referred to in section 4 of the original Order.
As shown
in the table below, a reference to the Department listed in column 2 of Part 12,
in a provision listed in column 4, is replaced by a reference to the Department
listed in column 3.
Item
|
Existing
reference
|
Substitute
reference
|
Affected
provisions
|
1
|
Department
of Industry, Innovation, Science, Research and Tertiary Education
|
Department
of Industry, Innovation, Climate Change, Science, Research and Tertiary
Education
|
Provisions
of the following:
(a)
the ASIC Market Integrity
Rules (Competition in Exchange Markets) 2011;
(b)
the Migration Regulations
1994;
(c)
the Motor Vehicle Standards
Regulations 1989
Provisions
of instruments made under the following:
(a)
the Civil Aviation Act 1988;
(b)
the Customs Act 1901;
(c)
the Customs Administration
Act 1985;
(d)
the Education Services for
Overseas Students Act 2000;
(e)
the Food Standards Australia
New Zealand Act 1991;
(f)
the Higher Education Support
Act 2003;
(g)
the Industry Research and
Development Act 1986
|
2
|
Department
of Climate Change and Energy Efficiency
|
Department
of Industry, Innovation, Climate Change, Science, Research and Tertiary
Education
|
Provisions
of the following:
(a)
Renewable Energy
(Electricity) Regulations 2001;
(b)
methodology determinations made
under section 106 of the Carbon Credits (Carbon Farming Initiative) Act
2011
|
Amendments
to Schedule 3 to the original Order
Item [5]
substitutes a
new heading for Part 11 of Schedule 3 to the original Order. The current
heading makes reference to substitutions made on the commencement of the Acts
Interpretation (Substituted References - Section 19B) Amendment Order 2013 (No. 1). The heading is updated to the specific
date (9 February 2012), which is the date the instrument was made.
Item [6]
inserts a new
Part 12 into Schedule 3 to the original Order. Section 5 of the
original Order provides for each item in a Part of Schedule 3 to substitute references
to the Secretary mentioned in column 2 for references to the Secretary
mentioned in column 3, wherever such references occur in a provision mentioned
in column 4. The new Part 12 of Schedule 3 sets out a new item, the
relevant existing reference, substitute reference and affected provisions, for
the machinery changes referred to in section 5 of the original Order.
As shown
in the table below, a reference to the Secretary listed in column 2 of Part 12,
in a provision listed in column 4, is replaced by a reference to the Secretary
listed in column 3.
Item
|
Existing
reference
|
Substitute
reference
|
Affected
provisions
|
1
|
Secretary
of the Department of Industry, Innovation, Science, Research and Tertiary
Education
|
Secretary
of the Department of Industry, Innovation, Climate Change, Science, Research
and Tertiary Education
|
Provisions
of instruments made under the Freedom of Information Act 1982
|