Commonwealth of Australia Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

STATUTE LAW REVISION BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Statute Law Revision Bill 2005
No. , 2005
(Attorney-General)
A Bill for an Act to make various amendments of
the statute law of the Commonwealth, and for
related purposes
i Statute Law Revision Bill 2005 No. , 2005
Contents
1
Short title ......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................7
Schedule 1--Amendment of Principal Acts
8
Administrative Decisions (Judicial Review) Act 1977
8
Aged Care Act 1997
8
Agricultural and Veterinary Chemicals Code Act 1994
8
A New Tax System (Family Assistance) Act 1999
8
Australian Sports Drug Agency Act 1990
9
Crimes Act 1914
9
Criminal Code Act 1995
9
Electronic Transactions Act 1999
9
Evidence Act 1995
10
Financial Transaction Reports Act 1988
10
Fisheries Management Act 1991
11
Human Rights and Equal Opportunity Commission Act 1986
11
Insurance Act 1973
11
Judiciary Act 1903
12
Life Insurance Act 1995
12
Native Title Act 1993
13
Patents Act 1990
13
Privacy Act 1988
14
Prohibition of Human Cloning Act 2002
14
Social Security Act 1991
14
Taxation Administration Act 1953
18
Telecommunications (Interception) Act 1979
18
Veterans' Entitlements Act 1986
21
Workplace Relations Act 1996
21
Schedule 2--Amendment of amending Acts
22
Aged Care (Consequential Provisions) Act 1997
22
Statute Law Revision Bill 2005 No. , 2005 ii
Agricultural and Veterinary Chemicals Legislation Amendment Act
2003
22
Audit (Transitional and Miscellaneous) Amendment Act 1997
22
Australian Federal Police and Other Legislation Amendment Act
2004
23
Australian Film Commission Amendment Act 2003
23
Bankruptcy Legislation Amendment Act 2004
23
Criminal Code Amendment (Espionage and Related Matters) Act
2002
23
Financial Sector Legislation Amendment Act (No. 1) 2003
23
Financial Services Reform Act 2001
24
Financial Services Reform (Consequential Provisions) Act 2001
24
Financial Services Reform (Consequential Provisions) Act 2002
24
Fisheries Legislation Amendment (High Seas Fishing Activities and
Other Matters) Act 2004
24
General Insurance Reform Act 2001
24
Hearing Services and AGHS Reform Act 1997
25
Jurisdiction of Courts Legislation Amendment Act 2000
25
Military Rehabilitation and Compensation (Consequential and
Transitional Provisions) Act 2004
25
Social Security and Veterans' Affairs Legislation Amendment Act
1995
25
Social Security and Veterans' Entitlements Legislation Amendment
(Miscellaneous Matters) Act 2000
25
Social Security and Veterans' Entitlements Legislation Amendment
(Private Trusts and Private Companies--Integrity of Means Testing)
Act 2000
26
Social Security Legislation Amendment (Budget and Other Measures)
Act 1996
26
Social Security Legislation Amendment (Further Budget and Other
Measures) Act 1996
26
Social Security Legislation Amendment (Youth Allowance
Consequential and Related Measures) Act 1998
26
Statute Law Revision Act 2002
26
Veterans' Affairs Legislation Amendment Act (No. 1) 2002
27
Statute Law Revision Bill 2005 No. , 2005 1
A Bill for an Act to make various amendments of
1
the statute law of the Commonwealth, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Statue Law Revision Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Statute Law Revision Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedule 1,
item 1
The day on which this Act receives the
Royal Assent.
3. Schedule 1,
item 2
Immediately after the commencement of
Subdivision 57B of the Aged Care Act 1997.
1 October 1997
4. Schedule 1,
item 3
Immediately after the commencement of
clause 1 of Schedule 1 to the Aged Care Act
1997.
1 October 1997
5. Schedule 1,
item 4
Immediately after the commencement of
Schedule 1 to the Agricultural and
Veterinary Chemicals Legislation
Amendment Act 2003.
8 October 2003
6. Schedule 1,
items 5 to 10
The day on which this Act receives the
Royal Assent.
7. Schedule 1,
item 11
Immediately after the commencement of
items 1 to 5 of Schedule 3 to the
Anti-terrorism Act (No. 3) 2004.
16 August 2004
8. Schedule 1,
item 12
Immediately after the commencement of
item 1 of Schedule 1 to the Proceeds of
Crime (Consequential Amendments and
Transitional Provisions) Act 2002.
1 January 2003
9. Schedule 1,
item 13
Immediately after the commencement of
paragraph 11(6)(a) of the Electronic
Transactions Act 1999.
15 March 2000
10. Schedule 1,
items 14 to 20
The day on which this Act receives the
Royal Assent.
11. Schedule 1,
item 21
Immediately after the commencement of
item 12 of Schedule 2 to the Fisheries
Legislation Amendment Act (No. 1) 2000.
1 August 2000
Statute Law Revision Bill 2005 No. , 2005 3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
12. Schedule 1,
item 22
Immediately after the commencement of
item 208 of Schedule 2 to the Criminal
Code Amendment (Theft, Fraud, Bribery
and Related Offences) Act 2000.
24 May 2001
13. Schedule 1,
item 23
Immediately after the commencement of
section 113 of the Fisheries Management
Act 1991.
3 February 1992
14. Schedule 1,
item 24
Immediately after the commencement of
section 166 of the Fisheries Management
Act 1991.
3 February 1992
15. Schedule 1,
item 25
Immediately after the commencement of
item 6 of Schedule 2 to the Fisheries
Legislation Amendment (High Seas Fishing
Activities and Other Matters) Act 2004.
20 August 2004
16. Schedule 1,
item 26
The day on which this Act receives the
Royal Assent.
17. Schedule 1,
item 27
After the commencement of both Schedule 1
to the General Insurance Reform Act 2001
and Schedule 2 to the Financial Sector
(Collection of Data--Consequential and
Transitional Provisions) Act 2001.
1 July 2002
18. Schedule 1,
items 28 and 29
The day on which this Act receives the
Royal Assent.
19. Schedule 1,
item 30
Immediately after the commencement of the
Land Fund and Indigenous Land
Corporation (ATSIC Amendment) Act 1995.
1 June 1995
20. Schedule 1,
items 31 to 37
Immediately after the commencement of the
Patents Amendment (Innovation Patents)
Act 2000.
24 May 2001
21. Schedule 1,
item 38
The day on which this Act receives the
Royal Assent.
22. Schedule 1,
item 39
Immediately after the commencement of
section 8 of the Prohibition of Human
Cloning Act 2002.
16 January 2003
23. Schedule 1,
items 40 to 83
The day on which this Act receives the
Royal Assent.
4 Statute Law Revision Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
24. Schedule 1,
items 84 and 85
Immediately after the commencement of
item 1 of Schedule 1 to the Workplace
Relations Amendment (Fair Termination)
Act 2003.
27 November
2003
25. Schedule 2,
items 1 and 2
Immediately after the time specified in the
Aged Care (Consequential Provisions) Act
1997 for the commencement of item 42 of
Schedule 3 to that Act.
1 October 1997
26. Schedule 2,
item 3
Immediately after the time specified in the
Agricultural and Veterinary Chemicals
Legislation Amendment Act 2003 for the
commencement of item 22 of Schedule 1 to
that Act.
8 October 2003
27. Schedule 2,
items 4 to 6
Immediately after the time specified in the
Audit (Transitional and Miscellaneous)
Amendment Act 1997 for the
commencement of Schedule 2 to that Act.
1 January 1998
28. Schedule 2,
item 7
Immediately after the time specified in the
Australian Federal Police and Other
Legislation Amendment Act 2004 for the
commencement of item 16 of Schedule 3 to
that Act.
22 December
2004
29. Schedule 2,
item 8
Immediately after the time specified in the
Australian Film Commission Amendment
Act 2003 for the commencement of item 12
of Schedule 1 to that Act.
1 July 2003
30. Schedule 2,
item 9
Immediately after the time specified in the
Bankruptcy Legislation Amendment Act
2004 for the commencement of item 167 of
Schedule 1 to that Act.
1 December
2004
31. Schedule 2,
items 10 and 11
Immediately after the time specified in the
Criminal Code Amendment (Espionage and
Related Matters) Act 2002 for the
commencement of section 2 of that Act.
31 October 2002
Statute Law Revision Bill 2005 No. , 2005 5
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
32. Schedule 2,
item 12
Immediately after the time specified in the
Financial Sector Legislation Amendment
Act (No. 1) 2003 for the commencement of
Schedule 5 to that Act.
28 November
2003
33. Schedule 2,
item 13
Immediately after the time specified in the
Financial Services Reform Act 2001 for the
commencement of item 334 of Schedule 1 to
that Act.
11 March 2002
34. Schedule 2,
items 14 and 15
Immediately after the time specified in the
Financial Services Reform (Consequential
Provisions) Act 2001 for the commencement
of items 57 and 126 of Schedule 1 to that
Act.
11 March 2002
35. Schedule 2,
item 16
Immediately after the time specified in the
Financial Services Reform (Consequential
Provisions) Act 2002 for the commencement
of item 7 of Schedule 2 to that Act.
11 March 2002
36. Schedule 2,
items 17 and 18
Immediately after the time specified in the
Fisheries Legislation Amendment (High
Seas Fishing Activities and Other Matters)
Act 2004 for the commencement of item 9
of Schedule 2 to that Act.
20 August 2004
37. Schedule 2,
item 19
Immediately after the time specified in the
General Insurance Reform Act 2001 for the
commencement of Schedule 1 to that Act.
1 July 2002
38. Schedule 2,
item 20
Immediately after the time specified in the
Hearing Services and AGHS Reform Act
1997 for the commencement of item 6 of
Schedule 4 to that Act.
18 June 1997
39. Schedule 2,
item 21
Immediately after the time specified in the
Jurisdiction of Courts Legislation
Amendment Act 2000 for the
commencement of section 2 of that Act.
30 May 2000
6 Statute Law Revision Bill 2005 No. , 2005
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
40. Schedule 2,
item 22
Immediately after the time specified in the
Military Rehabilitation and Compensation
(Consequential and Transitional Provisions)
Act 2004 for the commencement of item 95
of Schedule 3 to that Act.
1 July 2004
41. Schedule 2,
item 23
Immediately after the time specified in the
Social Security and Veterans' Affairs
Legislation Amendment Act 1995 for the
commencement of item 114 of Schedule 5 to
that Act.
20 September
1996
42. Schedule 2,
item 24
Immediately after the time specified in the
Social Security and Veterans' Entitlements
Legislation Amendment (Miscellaneous
Matters) Act 2000 for the commencement of
item 138 of Schedule 1 to that Act.
20 September
2000
43. Schedule 2,
item 25
Immediately after the time specified in the
Social Security and Veterans' Entitlements
Legislation Amendment (Private Trusts and
Private Companies--Integrity of Means
Testing) Act 2000 for the commencement of
item 23 of Schedule 1 to that Act.
13 November
2000
44. Schedule 2,
item 26
Immediately after the time specified in the
Social Security Legislation Amendment
(Budget and Other Measures) Act 1996 for
the commencement of item 27 of Schedule 5
to that Act.
20 March 1997
45. Schedule 2,
item 27
Immediately after the time specified in the
Social Security Legislation Amendment
(Further Budget and Other Measures) Act
1996 for the commencement of section 2 of
that Act.
23 December
1996
46. Schedule 2,
item 28
Immediately after the time specified in the
Social Security Legislation Amendment
(Youth Allowance Consequential and
Related Measures) Act 1998 for the
commencement of item 41 of Schedule 9 to
that Act.
1 July 1998
Statute Law Revision Bill 2005 No. , 2005 7
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
47. Schedule 2,
item 29
Immediately after the time specified in the
Social Security Legislation Amendment
(Youth Allowance Consequential and
Related Measures) Act 1998 for the
commencement of item 169 of Schedule 9 to
that Act.
1 July 1998
48. Schedule 2,
items 30 and 31
Immediately after the time specified in the
Statute Law Revision Act 2002 for the
commencement of item 14 of Schedule 1 to
that Act.
1 July 1999
49. Schedule 2,
item 32
Immediately after the time specified in the
Veterans' Affairs Legislation Amendment
Act (No. 1) 2002 for the commencement of
item 96 of Schedule 1 to that Act.
6 September
2002
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Amendment of Principal Acts
8 Statute Law Revision Bill 2005 No. , 2005
1
Schedule 1--Amendment of Principal Acts
2
3
Administrative Decisions (Judicial Review) Act 1977
4
1 Paragraph (z) of Schedule 1
5
Renumber as paragraph (zb).
6
Aged Care Act 1997
7
2 Subdivision 57B (heading)
8
Repeal the heading, substitute:
9
Subdivision 57-B--Prudential requirements
10
3 Clause 1 of Schedule 1 (definition of relinquish)
11
Omit "means:
*
", substitute "means:".
12
Agricultural and Veterinary Chemicals Code Act 1994
13
4 After the second subsection in section 20 of the Schedule
14
Insert:
15
21 How approval of label is effected
16
Note:
This item inserts a section heading that was overlooked in prior amendment of the
17
Principal Act.
18
5 Subsection 99(3) of the Schedule
19
Omit "or or" (wherever occurring), substitute "or".
20
A New Tax System (Family Assistance) Act 1999
21
6 Paragraph 7(ha) of Schedule 3 (the paragraph (ha) inserted
22
by item 30 of Schedule 2 to the Veterans' Entitlements
23
(Clarke Review) Act 2004)
24
Renumber as paragraph (haa).
25
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 9
Australian Sports Drug Agency Act 1990
1
7 Paragraph 67A(b)
2
Omit "sporting sporting", substitute "sporting".
3
Crimes Act 1914
4
8 Subsection 15XA(1) (subparagraph (b)(ii) of the definition
5
of State or Territory participating agency)
6
Repeal the subparagraph, substitute:
7
(ii) the Crime and Misconduct Commission of Queensland;
8
Note:
This item removes a reference to a body that no longer exists and substitutes a
9
reference to the body that succeeded it.
10
9 Subsection 15XA(1) (subparagraph (b)(iii) of the definition
11
of State or Territory participating agency)
12
Repeal the subparagraph.
13
Note:
This item removes a reference to a body that no longer exists.
14
10 Subsection 15XA(1) (subparagraph (c)(ii) of the definition
15
of State or Territory participating agency)
16
Repeal the subparagraph.
17
Note:
This item removes a reference to a body that no longer exists.
18
11 Subsection 23YUF(2B)
19
Omit "paragraph (1)(b)", substitute "paragraph (2A)(b)".
20
Note:
This item fixes an incorrect cross-reference.
21
Criminal Code Act 1995
22
12 Subparagraph 400.2(2)(b)(ii) of the Criminal Code
23
Omit "paragraph 51(xx)", substitute "paragraph 51(v)".
24
Note:
This item fixes an incorrect cross-reference.
25
Electronic Transactions Act 1999
26
Schedule 1 Amendment of Principal Acts
10 Statute Law Revision Bill 2005 No. , 2005
13 Paragraph 11(6)(a)
1
Omit "document.", substitute "document;".
2
Note:
This item corrects the punctuation at the end of the paragraph.
3
Evidence Act 1995
4
14 Chapter 1 (introductory note)
5
Omit "Evidence Act 1994", substitute "Evidence Act 1995".
6
Financial Transaction Reports Act 1988
7
15 Subparagraph 16(1)(b)(iii)
8
Omit "Crimes", substitute "Crime".
9
16 Paragraphs 27(1B)(b) and (c)
10
Repeal the paragraphs, substitute:
11
(b) the Corruption and Crime Commission of Western Australia.
12
Note:
This item removes references to bodies that no longer exist and substitutes a reference
13
to the body that succeeded them.
14
17 Paragraphs 27(16)(i) and (j)
15
Repeal the paragraphs.
16
Note:
This item removes references to bodies that no longer exist.
17
18 Paragraphs 27(17)(v) and (w)
18
Repeal the paragraphs.
19
Note:
This item removes references to members of, or employees of, bodies that no longer
20
exist.
21
19 Paragraphs 27(17)(x) and (y) (twice occurring)
22
Repeal the paragraphs, substitute:
23
(x) the Commissioner of the Corruption and Crime Commission
24
of Western Australia; and
25
(y) a member of the staff of the Corruption and Crime
26
Commission of Western Australia; and
27
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 11
Note:
This item removes references to members of, or employees of, bodies that no longer
1
exist and substitutes references to members and employees of the body that succeeded
2
those bodies.
3
20 Paragraph 27(17)(z)
4
Repeal the paragraph.
5
Fisheries Management Act 1991
6
21 Paragraph 95(1)(e)
7
Omit "holder of a fishing concession", substitute "holder of a fishing
8
concession,".
9
22 Subdivision D of Division 6 of Part 6 (heading)
10
Repeal the heading.
11
23 Subsection 113(1)
12
Omit "Commonweath", substitute "Commonwealth".
13
24 Paragraph 166(7)(b)
14
Omit "menioned", substitute "mentioned".
15
25 Subsection 167(1A)
16
Omit "AMFA", substitute "AFMA".
17
Human Rights and Equal Opportunity Commission Act 1986
18
26 Paragraph 31(j)
19
Omit "imposd", substitute "imposed".
20
Insurance Act 1973
21
27 Subsection 52(1)
22
Repeal the subsection, substitute:
23
(1) Where:
24
(aa) it appears to APRA that a body corporate that is a general
25
insurer or authorised NOHC:
26
Schedule 1 Amendment of Principal Acts
12 Statute Law Revision Bill 2005 No. , 2005
(i) is, or is likely to become, unable to meet its liabilities; or
1
(ii) has contravened or failed to comply with a provision of
2
this Act or the Financial Sector (Collection of Data) Act
3
2001 or a condition or direction applicable to it under
4
this Act or that Act; or
5
(ab) it appears to APRA that there is, or there may be, a risk to the
6
security of a general insurer's or authorised NOHC's assets;
7
or
8
(a) it appears to APRA that there is, or there may be, a sudden
9
deterioration in a general insurer's or authorised NOHC's
10
financial condition; or
11
(b) the Treasurer agrees, in writing, to the giving of a notice
12
under this subsection;
13
APRA may, by notice in writing served on the body corporate,
14
require it to show cause within such period after service of the
15
notice, being not less than 14 days, as APRA specifies in the notice,
16
why APRA should not:
17
(c) investigate the whole or any part of the business of the body
18
corporate; or
19
(d) appoint a person to make such an investigation and report to
20
APRA the results of his or her investigation.
21
Note:
This amendment restates a provision of the Principal Act to incorporate the substance
22
of two amendments of that provision that start on the same day and that interact. The
23
amendments were made by item 36 of Schedule 1 to the General Insurance Reform
24
Act 2001 and item 29 of Schedule 2 to the Financial Sector (Collection of Data--
25
Consequential and Transitional Provisions) Act 2001.
26
Judiciary Act 1903
27
28 Section 2 (definitions)
28
Arrange the definitions in their appropriate alphabetical positions,
29
determined on a letter-by-letter basis.
30
Life Insurance Act 1995
31
29 Section 230E (the section 230E inserted by item 2 of
32
Schedule 1 to the Taxation Laws Amendment
33
(Structured Settlements and Structured Orders) Act
34
2002)
35
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 13
Renumber as section 203E.
1
Native Title Act 1993
2
30 Subparagraph 206(d)(v)
3
Repeal the subparagraph.
4
Note 1: This item removes a subparagraph made redundant by the repeal of Part 10 of the
5
Native Title Act 1993.
6
Note 2: The heading to subsection 32(5) is altered by omitting "expected" and substituting
7
"expedited".
8
Patents Act 1990
9
31 Subsection 70(4)
10
Omit "this Division", substitute "this Part".
11
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
12
32 Section 79A
13
Omit "this Division", substitute "this Part".
14
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
15
33 Subsection 83(2)
16
Omit "Division 2 of".
17
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
18
34 Subsection 83(2)
19
Omit "that Division", substitute "that Part".
20
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
21
35 Subsection 83(3)
22
Omit "Division 2 of".
23
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
24
36 Paragraph 83(4)(a)
25
Omit "Division 2 of".
26
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
27
Schedule 1 Amendment of Principal Acts
14 Statute Law Revision Bill 2005 No. , 2005
37 Paragraph 83(4)(b)
1
Omit "that Division", substitute "that Part".
2
Note:
This item corrects a reference made incorrect by the repeal of Divisions within a Part.
3
Privacy Act 1988
4
38 Subsection 6(1) (paragraph (l) of the definition of
5
enforcement body)
6
Repeal the paragraph, substitute:
7
(l) the Crime and Misconduct Commission of Queensland; or
8
Note:
This item removes a reference to a body that no longer exists and substitutes a
9
reference to the body that succeeded it.
10
Prohibition of Human Cloning Act 2002
11
39 Subsection 8(1) (paragraph (a) of the definition of excess
12
ART embryo)
13
After "technology" (second occurring), insert "treatment".
14
Note:
This item corrects a misstatement of a defined expression.
15
Social Security Act 1991
16
40 Paragraph 8(8)(zca)
17
Repeal the paragraph.
18
Note:
This item repeals a paragraph made redundant by amendment of the Student and
19
Youth Assistance Act 1973.
20
41 Subsection 23(1) (definition of activity test breach)
21
Repeal the definition, substitute:
22
activity test breach means a failure, misconduct or any other act to
23
which any of the following provisions, as in force on or after the
24
commencement of this definition, apply, namely section 550A or
25
576A, subsection 624(1), 625(1) or 626(1), section 628 or 629,
26
subsection 630(1), 630AA(1), 740(1), 741(1) or 742(1),
27
section 743 or 744 or subsection 745(1) or 754A(1).
28
Note:
This item amends a definition to reflect amendment of the Student and Youth
29
Assistance Act 1973.
30
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 15
42 Subsection 23(1) (definition of activity test breach rate
1
reduction period)
2
Repeal the definition, substitute:
3
activity test breach rate reduction period means a period that
4
applies under section 557, 582, 644AA or 748.
5
Note:
This item amends a definition to reflect amendment of the Student and Youth
6
Assistance Act 1973.
7
43 Subsection 23(1) (definition of activity test non-payment
8
period)
9
Repeal the definition, substitute:
10
activity test non-payment period means a period worked out under
11
section 550, 576, 630A or 745B.
12
Note:
This item amends a definition to reflect amendment of the Student and Youth
13
Assistance Act 1973.
14
44 Subsection 23(1) (definition of administrative breach rate
15
reduction period)
16
Repeal the definition, substitute:
17
administrative breach rate reduction period means a period that
18
applies under section 558, 583 or 644B.
19
Note:
This item amends a definition to reflect amendment of the Student and Youth
20
Assistance Act 1973.
21
45 Subsection 23(1) (definition of educational institution)
22
Repeal the definition.
23
Note:
This item repeals a definition made redundant by amendment of the Student and Youth
24
Assistance Act 1973.
25
46 Subsection 23(1) (paragraph (l) of the definition of newly
26
arrived resident's waiting period)
27
Repeal the paragraph.
28
Note:
This item amends a definition to reflect amendment of the Student and Youth
29
Assistance Act 1973.
30
Schedule 1 Amendment of Principal Acts
16 Statute Law Revision Bill 2005 No. , 2005
47 Subsection 23(1) (paragraph (ba) of the definition of
1
ordinary waiting period)
2
Repeal the paragraph.
3
Note:
This item amends a definition to reflect amendment of the Student and Youth
4
Assistance Act 1973.
5
48 Subsection 23(1) (definition of student assistance benefit
6
decision)
7
Repeal the definition.
8
Note:
This item repeals a definition made redundant by amendment of the Student and Youth
9
Assistance Act 1973.
10
49 Subsection 23(1) (paragraphs (fc) and (fe) of the definition
11
of waiting period)
12
Repeal the paragraphs.
13
Note:
This item amends a definition to reflect amendment of the Student and Youth
14
Assistance Act 1973.
15
50 Subsection 23(1) (definition of Youth Training Activity
16
Agreement)
17
Repeal the definition.
18
Note:
This item repeals a definition made redundant by amendment of the Student and Youth
19
Assistance Act 1973.
20
51 Subsection 23(1) (definition of youth training allowance)
21
Omit "and Youth".
22
52 Subparagraph 38B(6)(a)(ii)
23
Repeal the subparagraph, substitute:
24
(ii) section 595 of this Act (disregard a period of
25
employment);
26
Note:
This item amends a subparagraph to reflect amendment of the Student and Youth
27
Assistance Act 1973.
28
53 Subsection 542F(3) (definition of approved full-time
29
unpaid voluntary work)
30
Repeal the definition, substitute:
31
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 17
approved full-time unpaid voluntary work means work that has
1
been approved by the Secretary for the purposes of this section.
2
Note:
This item amends a definition to reflect amendment of the Student and Youth
3
Assistance Act 1973.
4
54 Subsection 542F(3) (definition of approved organisation)
5
Repeal the definition, substitute:
6
approved organisation means an organisation that has been
7
approved by the Secretary for the purposes of this section.
8
Note:
This item amends a definition to reflect amendment of the Student and Youth
9
Assistance Act 1973.
10
55 Subparagraph 546(1)(c)(ii)
11
Omit "and Youth".
12
56 Paragraph 549A(2)(d)
13
Omit "or".
14
57 Paragraph 549A(2)(e)
15
Repeal the paragraph.
16
Note:
This item repeals a paragraph made redundant by amendment of the Student and
17
Youth Assistance Act 1973.
18
58 Paragraph 549D(3)(a)
19
Repeal the paragraph, substitute:
20
(a) the person has been subject to a newly arrived resident's
21
waiting period; and
22
Note:
This item amends a paragraph to reflect amendment of the Student and Youth
23
Assistance Act 1973.
24
59 Paragraphs 549D(4)(a) and (b)
25
Repeal the paragraphs, substitute:
26
(a) the person would, if the person had made a claim under this
27
Act for a social security payment other than youth allowance,
28
have been subject to a newly arrived resident's waiting period,
29
and that period would have ended; or
30
(b) the person has had a qualifying residence exemption for a
31
newstart allowance or a sickness allowance under this Act; or
32
Schedule 1 Amendment of Principal Acts
18 Statute Law Revision Bill 2005 No. , 2005
Note:
This item amends the paragraphs to reflect amendment of the Student and Youth
1
Assistance Act 1973.
2
60 Section 550A (note)
3
Repeal the note.
4
61 Section 660LG
5
Relocate the section to the end of Subdivision AA of Division 9 of
6
Part 2.12.
7
62 Subsection 1228(2A)
8
Omit "and Youth".
9
63 Paragraph 1234A(1)(a)
10
Omit "and Youth Assistance Act 1973", substitute "Assistance Act 1973
11
as in force before 1 July 1998".
12
Taxation Administration Act 1953
13
64 Subsection 2(1) (paragraph (dad) of the definition of head)
14
Repeal the paragraph, substitute:
15
(dad) in the case of the Crime and Misconduct Commission--the
16
Chairperson of that Commission;
17
Note:
This item removes a reference to a body that no longer exists and substitutes a
18
reference to the body that succeeded it.
19
65 Subsection 2(1) (paragraph (daf) of the definition of head)
20
Repeal the paragraph.
21
Note:
This item removes a reference to a body that no longer exists.
22
Telecommunications (Interception) Act 1979
23
66 Subsection 5(1) (definition of Anti-Corruption
24
Commission)
25
Repeal the definition.
26
Note:
This item repeals the definition of a body that no longer exists.
27
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 19
67 Subsection 5(1) (definition of Anti-Corruption
1
Commission Act)
2
Repeal the definition.
3
Note:
This item repeals a redundant definition.
4
68 Subsection 5(1) (paragraph (h) of the definition of
5
certifying officer)
6
Repeal the paragraph.
7
Note:
This item removes references to members of, or employees of, a body that no longer
8
exists.
9
69 Subsection 5(1) (paragraphs (i) and (j) of the definition of
10
chief officer)
11
Repeal the paragraphs.
12
Note:
This item removes references to members of, or constituting, bodies that no longer
13
exist.
14
70 Subsection 5(1) (paragraph (d) of the definition of eligible
15
authority)
16
Omit "the Anti-Corruption Commission, the Royal Commission into
17
Police Corruption,".
18
Note:
This item removes references to bodies that no longer exist.
19
71 Subsection 5(1) (definition of member of the
20
Anti-Corruption Commission)
21
Repeal the definition.
22
Note:
This item repeals a redundant definition.
23
72 Subsection 5(1) (definition of member of the staff of the
24
Anti-Corruption Commission)
25
Repeal the definition.
26
Note:
This item repeals a redundant definition.
27
73 Subsection 5(1) (paragraphs (i) and (j) of the definition of
28
officer)
29
Repeal the paragraphs.
30
Schedule 1 Amendment of Principal Acts
20 Statute Law Revision Bill 2005 No. , 2005
Note:
This item removes references to members of, or employees of, bodies that no longer
1
exist.
2
74 Subsection 5(1) (paragraph (f) of the definition of
3
permitted purpose)
4
Repeal the paragraph.
5
Note:
This item removes a reference to purposes in respect of a body that no longer exists.
6
75 Subsection 5(1) (paragraphs (g) and (h) of the definition of
7
prescribed investigation)
8
Repeal the paragraphs.
9
Note:
This item removes references to investigations by bodies that no longer exist.
10
76 Subsection 5(1) (paragraphs (i) and (j) of the definition of
11
relevant offence)
12
Repeal the paragraphs.
13
Note:
This item is consequential on item 75 of this Schedule.
14
77 Subsection 5(1) (definition of Royal Commission into
15
Police Corruption)
16
Repeal the definition.
17
Note:
This item repeals a redundant definition.
18
78 Paragraph 5B(i)
19
Repeal the paragraph.
20
Note:
This item removes a reference to proceedings conducted by a body that no longer
21
exists.
22
79 Subparagraphs 6A(1)(c)(viii) and (ix)
23
Repeal the subparagraphs.
24
Note:
This item is consequential on item 75 of this Schedule.
25
80 Paragraph 6L(2)(d)
26
Omit "the Anti-Corruption Commission, the Royal Commission into
27
Police Corruption,".
28
Note:
This item removes references to bodies that no longer exist.
29
Amendment of Principal Acts Schedule 1
Statute Law Revision Bill 2005 No. , 2005 21
81 Paragraph 39(2)(h)
1
Repeal the paragraph.
2
Note:
This item removes a reference to proceedings conducted by a body that no longer
3
exists.
4
82 Paragraphs 68(g) and (i)
5
Repeal the paragraphs.
6
Note:
This item removes references to information obtained by bodies that no longer exist.
7
Veterans' Entitlements Act 1986
8
83 Subclause 10(2A) of Schedule 5 (the subclause (2A)
9
inserted by item 85 of Schedule 6 to the Veterans'
10
Affairs Legislation Amendment Act (No. 1) 2002)
11
Renumber as subclause (2B).
12
Workplace Relations Act 1996
13
84 Paragraph 170CBA(3A)(a)
14
Omit "first period of employment", substitute "first period of
15
employment".
16
85 Paragraph 170CBA(3A)(c)
17
Omit "second period of employment", substitute "second period of
18
employment".
19
Schedule 2 Amendment of amending Acts
22 Statute Law Revision Bill 2005 No. , 2005
1
Schedule 2--Amendment of amending Acts
2
3
Aged Care (Consequential Provisions) Act 1997
4
1 Item 42 of Schedule 3 (heading)
5
Omit "Paragraphs 1207(1)(c) and (d)", substitute "Paragraph
6
1207(1)(c)".
7
2 After item 42 of Schedule 3
8
Insert:
9
42A Paragraph 1207(1)(d)
10
Omit "or Part 3.12B (residential care allowance)".
11
Note:
Items 1 and 2 correct an item that did not accurately represent a phrase from the Social
12
Security Act 1991.
13
Agricultural and Veterinary Chemicals Legislation
14
Amendment Act 2003
15
3 Item 22 of Schedule 1 (heading)
16
After "Division 2", insert "of Part 2".
17
Note:
This item makes clear the location of an amendment of the Principal Act.
18
Audit (Transitional and Miscellaneous) Amendment Act 1997
19
4 Item 394 of Schedule 2
20
Repeal the item.
21
Note:
This item repeals an item that amends a provision that does not exist.
22
5 Item 398 of Schedule 2 (heading)
23
Omit "(6), 25(3) and (4)", substitute "(6)".
24
Note:
This item corrects an item that amends a provision that does not exist.
25
6 Item 398 of Schedule 2 (heading)
26
Amendment of amending Acts Schedule 2
Statute Law Revision Bill 2005 No. , 2005 23
Omit "paragraphs 31(1)(b) and 32(2)(b) and (c)", substitute
1
"paragraph 31(1)(b)".
2
Note:
This item corrects an item that amends a provision that does not exist.
3
Australian Federal Police and Other Legislation Amendment
4
Act 2004
5
7 Item 16 of Schedule 3 (heading)
6
Omit "Part 1D", substitute "Part ID".
7
Australian Film Commission Amendment Act 2003
8
8 Item 12 of Schedule 1
9
Omit "member of staff" (wherever occurring), substitute "member of the
10
staff".
11
Bankruptcy Legislation Amendment Act 2004
12
9 Item 167 of Schedule 1 (heading)
13
Omit ", (d)".
14
Criminal Code Amendment (Espionage and Related Matters)
15
Act 2002
16
10 Subsection 2(4)
17
Omit "Schedule 2" (first occurring), substitute "Schedule 1".
18
11 Subsection 2(5)
19
Omit "Schedule 2" (first occurring), substitute "Schedule 1".
20
Financial Sector Legislation Amendment Act (No. 1) 2003
21
12 Item 16 of Schedule 5 (heading)
22
Repeal the heading, substitute:
23
16 At the end of Division 1 of Part IIIA
24
Schedule 2 Amendment of amending Acts
24 Statute Law Revision Bill 2005 No. , 2005
Financial Services Reform Act 2001
1
13 Item 334 of Schedule 1 (heading)
2
Omit "170(3)", substitute "170(3B)".
3
Financial Services Reform (Consequential Provisions) Act
4
2001
5
14 Item 57 of Schedule 1
6
Omit "her or she", substitute "he or she".
7
15 Item 126 of Schedule 1 (heading)
8
Omit "12HB(1)(a)", substitute "12HB(1)(b)".
9
Financial Services Reform (Consequential Provisions) Act
10
2002
11
16 Item 7 of Schedule 2
12
Omit "the other person", substitute "the third person".
13
Fisheries Legislation Amendment (High Seas Fishing
14
Activities and Other Matters) Act 2004
15
17 Item 9 of Schedule 2
16
After "owner or", insert "the".
17
Note:
This item corrects an item that did not accurately represent a phrase from the Fisheries
18
Management Act 1991.
19
18 Item 9 of Schedule 2
20
Omit ", and", substitute "and".
21
General Insurance Reform Act 2001
22
19 Item 41B of Schedule 1
23
After "the whole or", insert "a".
24
Amendment of amending Acts Schedule 2
Statute Law Revision Bill 2005 No. , 2005 25
Hearing Services and AGHS Reform Act 1997
1
20 Item 6 of Schedule 4
2
Repeal the item, substitute:
3
6 Paragraph 7(1)(a)
4
After "other than" (first occurring), insert "an eligible hearing service
5
provider or".
6
Note:
This item remakes an amending item so that the location of an amendment becomes
7
certain.
8
Jurisdiction of Courts Legislation Amendment Act 2000
9
21 Subsection 2(4)
10
After "items in ", insert "Parts 1, 2 and 4 of".
11
Military Rehabilitation and Compensation (Consequential
12
and Transitional Provisions) Act 2004
13
22 Item 95 of Schedule 3 (note)
14
Omit "1069-D9", substitute "1068-D9".
15
Social Security and Veterans' Affairs Legislation Amendment
16
Act 1995
17
23 Item 114 of Schedule 5
18
Omit "allowance or", substitute "allowance,".
19
Social Security and Veterans' Entitlements Legislation
20
Amendment (Miscellaneous Matters) Act 2000
21
24 Item 138 of Schedule 1 (heading)
22
Omit "(a)", substitute "(b)".
23
Schedule 2 Amendment of amending Acts
26 Statute Law Revision Bill 2005 No. , 2005
Social Security and Veterans' Entitlements Legislation
1
Amendment (Private Trusts and Private Companies--
2
Integrity of Means Testing) Act 2000
3
25 Item 23 of Schedule 1 (heading)
4
Omit "3.16A", substitute "3.16B".
5
Social Security Legislation Amendment (Budget and Other
6
Measures) Act 1996
7
26 Item 27 of Schedule 5 (heading)
8
Omit "period", substitute "provision".
9
Note:
This item corrects an item that incorrectly identifies a definition that is to be repealed.
10
Social Security Legislation Amendment (Further Budget and
11
Other Measures) Act 1996
12
27 Subsection 2(4)
13
Omit "24", substitute "21".
14
Social Security Legislation Amendment (Youth Allowance
15
Consequential and Related Measures) Act 1998
16
28 Item 41 of Schedule 9 (heading)
17
Omit "(h)", substitute "(g)".
18
29 Item 169 of Schedule 9
19
Before "youth", insert "a".
20
Statute Law Revision Act 2002
21
30 Item 14 of Schedule 1 (heading)
22
Omit "Notes 1(b) and (c)", substitute "Note 1(b)".
23
31 After Item 14 of Schedule 1
24
Insert:
25
Amendment of amending Acts Schedule 2
Statute Law Revision Bill 2005 No. , 2005 27
14A Section XI of Schedule 3 (Additional Note 1(c))
1
Omit "Standards Association of Australia", substitute "Standards
2
Australia International Limited".
3
Note:
Items 30 and 31 split one amendment in a previous Statute Law Revision Act into 2
4
amendments because slightly different wording was required for each.
5
Veterans' Affairs Legislation Amendment Act (No. 1) 2002
6
32 Item 96 of Schedule 1 (heading)
7
After "note", insert "1".
8
Note:
This item fixes an incorrect cross-reference.
9

 

[Index] [Search] [Download] [Related Items] [Help]