#82; 2015 (NO. 1) (SLI NO 205 OF 2015) EXPLANATORY STATEMENT

Commonwealth Numbered Regulations - Explanatory Statements

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ACTS INTERPRETATION (SUBSTITUTED REFERENCES--SECTION 19B) AMENDMENT ORDE

#82; 2015 (NO. 1) (SLI NO 205 OF 2015)

EXPLANATORY STATEMENT

Select Legislative Instrument No. 205, 2015

 

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

 

ACTS INTERPRETATION ACT 1901

 

ACTS INTERPRETATION (SUBSTITUTED REFERENCES -

     SECTION 19B) AMENDMENT ORDER 2015 (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 title of a Minister or Department or the transfer of legislation between portfolios under a new 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 21 September 2015, a new Ministry was sworn in by the Governor-General and it included several new positions. The Governor-General also approved a new AAO to implement the associated administrative changes on 30 September 2015. The new arrangements include the following:

*         appointment of new Ministers for Women, Social Services, Defence, Communications, the Arts, Employment and Education and Training, a new Treasurer, and Assistant Treasurer and Minister for Small Business

*         establishment of a new Minister for Resources, Energy and Northern Australia

*         establishment of the Department of Communication and the Arts, the Department of Agriculture and Water Resources, the Department of Industry, Innovation and Science and the Department of Education and Training, and

*         changes to the responsibilities of Departments.

The purpose of the Acts Interpretation (Substituted References - Section 19B) Amendment Order 2015 (No. 1) (the Order) is to amend the Acts Interpretation (Substituted References - Section 19B) Order 1997 (the original Order) to reflect the new ministry and the transfer of responsibilities through the AAO made on 21 and 30 September 2015.

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.

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 Act is not subject to the disallowance or sunset provisions of the Legislative Instruments Act. 

The Order commences on the day after it is registered on the Federal Register of Legislative Instruments.

All Commonwealth Departments were consulted in order to identify required substitutions.  The following Departments were specifically consulted on the substitutions included in the Order for instruments administered by those Departments:

*         The Attorney-General's Department

*         The Department of Agriculture and Water Resources

*         The Department of Communications and the Arts

*         The Department of Education and Training

*         The Department of Finance

*         The Department of Health

*         The Department of Immigration and Border Protection, and

*         The Department of Industry, Innovation and Science.

The Order is of a machinery nature only and has no direct or substantial indirect effect on business.

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

Details of the Acts Interpretation (Substituted References - Section 19B) Amendment Order 2015 (No. 1)  

Section 1 provides that the Order is named the Acts Interpretation (Substituted References - Section 19B) Amendment Order 2015 (No 1).

Section 2 provides that each provision of 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 section 19B of the Acts Interpretation Act 1901.

Section 4 provides that each instrument specified in a Schedule to the Order is amended or repealed as set out in the applicable item of the relevant Schedule, and any other item in a Schedule to the Order has effect according to its terms.

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 18 of Schedule 1 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. 2).  The heading is updated to the specific date (12 November 2013), which is the date the instrument commenced.

Item [2] substitutes a new heading within the table in Part 18 of Schedule 1 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. 2).  The heading is updated to the specific date (12 November 2013), which is the date the instrument commenced.

Item [3] inserts a new Part 19 into Schedule 1 to the original Order, for substitutions made on the commencement of the Order (the day after registration)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.  Part 19 of Schedule 1 sets out each new item, the relevant existing reference, the substitute reference and the 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 18, 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 Agriculture

Minister for Agriculture and Water Resources

the following provisions:

a)      regulations 4A and 5 of the Customs (Prohibited Exports) Regulations 1958, and

b)      regulations 4K and 5I of the Customs (Prohibited Imports) Regulations 1956

2

Minister for Broadband, Communications and the Digital Economy

Minister for Communications

definition of Minister in clause 3 of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997

3

Minister for Education

Minister for Education and Training

section 11.1 of the Disability Standards for Education 2005

4

Minister for Finance and Deregulation

Minister for Finance

the following provisions:

a)      provisions of the National Transmission Network Sale Act 1998,

b)      provisions of the Migration Regulations 1994

5

Minister for Industry and Science

Minister for Industry, Innovation and Science

the following provisions:

a)      provisions of instruments made under the Customs Act 1901 and the Customs Tariff Act 1995.

b)      subregulation 4VA(1) of the Customs (Prohibited Imports) Regulations 1956, and

c)      section 6.1 of the Disability (Access to Premises--Buildings) Standards 2010

 

Amendments to Schedule 2 to the original Order

Item [4] substitutes a new heading for Part 14 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. 2).  The heading is updated to the specific date (12 November 2013), which is the date the instrument commenced.

Item [5] substitutes a new heading for Part 14 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. 2).  The heading is updated to the specific date (12 November 2013), which is the date the instrument commenced.

Item [6] inserts a new Part 15 into Schedule 2 to the original Order, for substitutions made on the commencement of the Order (the day after registration)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.  Part 15 of Schedule 2 sets out each new item, the relevant existing reference, the substitute reference and the 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 15, 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 Agriculture

Department of Agriculture and Water Resources

the following provisions:

a)      regulation 4A of the Customs (Prohibited Exports) Regulations 1958

b)      regulations 4K and 5I of the Customs (Prohibited Imports) Regulations 1956

c)      section 44 of the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) order 2015

d)     provisions of the Australian Meat and Live-stock Industry (Sheepmeat and Goatmeat Export to the European Union) Order 2014, and

e)      item 134 of the table in Part 1 of Schedule 2 to the Australian Border Force (Secrecy and Disclosure) Rule 2015.

2

Department of Agriculture, Fisheries and Forestry

Department of Agriculture and Water Resources

the following provisions:

a)      regulation 3 of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998

b)      provisions of the Dairy Produce Regulations 1986

c)      provisions of the Fisheries Management Regulations 1992

d)     provisions of the Fisheries Research and Development Corporation Regulations 1991

e)      provisions of the Quarantine Regulations 2000, and

f)       item 11 of the table in regulation 25 of the Torres Strait Fisheries Regulations 1985

3

Agriculture, Fisheries and Forestry - Australia

Department of Agriculture and Water Resources

the following provisions:

a)      provisions of the Dairy Adjustment Levy Collection Regulations 2000

b)      provisions of the Primary Industries Levies and Charges Collection Regulations 1991

4

Agriculture, Fisheries and Forestry - Australia

Department of Agriculture and Water Resources

provisions of the Primary Industries Levies and Charges (National Residue Survey Levies) Regulations 1998

5

Department of Broadband, Communications and the Digital Economy

Department of Communications and the Arts

paragraph 19(3)(a) of the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997

6

Commonwealth Department of Finance and Deregulation

Department of Finance

provisions of the Telecommunications (Carrier Licence Exemption--ICON, SSICT and ACTEW Networks) Determination 2013 (No. 1)

7

Department of Communications

Department of Communications and the Arts

item 135 of the table in Part 1 of Schedule 2 to the Australian Border Force (Secrecy and Disclosure) Rule 2015

8

Department of Health and Ageing

Department of Health

item (3) of Schedule 4 to the Carrier Licence Conditions (Telstra Corporation Limited) Declaration 1997

9

Department of Industry

Department of Industry, Innovation and Science

the following provisions:

a)      provisions of the ASIC Market Integrity Rules (Competition in Exchange Markets) 2011

b)      subregulation 9AA(1) of the Customs (Prohibited Exports) Regulations 1958

c)      regulation 4MA of the Customs (Prohibited Imports) Regulations 1956

d)     paragraph 31(b) of the Motor Vehicle Standards Regulations 1989

e)      provisions of instruments made under the Food Standards Australia New Zealand Act 1991, and

f)       provisions of instruments made under the Migration Regulations 1994

10

Department of Industry and Science

Department of Industry, Innovation and Science

item 143 of the table in Part 1 of Schedule 2 to the Australian Border Force (Secrecy and Disclosure) Rule 2015

Amendments to Schedule 3 to the original Order

Item [7] substitutes a new heading for Part 14 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 (12 November 2013), which is the date the instrument commenced.

Item [8] substitutes a new heading for Part 14 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 (12 November 2013), which is the date the instrument commenced.

Item [9] inserts a new Part 15 into Schedule 3 to the original Order, for substitutions made on the commencement of the Order (the day after registration). 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.  Part 15 of Schedule 3 sets out each new item, the relevant existing reference, the substitute reference and the 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 15, 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

Secretary of the Department of Industry, Innovation and Science

provisions of instruments made under the Freedom of Information Act 1982.

 

 

 

 

 

 

 


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