#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.
|