Acts Interpretation Amendment Act 2011 (Cth)

Acts Interpretation Amendment Act 2011

No. 46, 2011

An Act to amend the Acts Interpretation Act 1901, and for other purposes

Contents

Acts Interpretation Amendment Act 2011

No. 46, 2011

An Act to amend the Acts Interpretation Act 1901, and for other purposes

[Assented to 27 June 2011]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Acts Interpretation Amendment Act 2011.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

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 this Act receives the Royal Assent.	27 June 2011
2. Schedule 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	27 December 2011
3. Schedule 2, items 1 to 652	At the same time as the provision(s) covered by table item 2.	27 December 2011
4. Schedule 2, items 653 and 654	The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 36 of the Governance of Australian Government Superannuation Schemes Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	27 December 2011 (paragraph (a) applies)
5. Schedule 2, items 655 to 835	At the same time as the provision(s) covered by table item 2.	27 December 2011
6. Schedule 2, item 836	The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the National Vocational Education and Training Regulator Act 2011.	27 December 2011 (paragraph (a) applies)
7. Schedule 2, items 837 to 1074	At the same time as the provision(s) covered by table item 2.	27 December 2011
8. Schedule 2, items 1075 to 1083	At the same time as the provision(s) covered by table item 2. However, if item 183 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all.	Do not commence
9. Schedule 2, item 1084	The later of: (a) immediately after the commencement of the provision(s) covered by table item 2; and (b) immediately after the commencement of item 222 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	27 December 2011 (paragraph (a) applies)
10. Schedule 2, items 1085 and 1086	At the same time as the provision(s) covered by table item 2. However, if item 234 of Schedule 1 to the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 commences at or before that time, the provision(s) do not commence at all.	Do not commence
11. Schedule 2, items 1087 to 1198	At the same time as the provision(s) covered by table item 2.	27 December 2011
12. Schedule 3	At the same time as the provision(s) covered by table item 2.	27 December 2011

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Main amendments

Acts Interpretation Act 1901

1

Part I (heading)

Repeal the heading, substitute:

Part 1—Preliminary

2

After section 1

Insert:

1ASimplified outline

The following is a simplified outline of this Act:

Overview

This Act is like a dictionary and manual to use when reading and interpreting Commonwealth Acts and instruments made under Commonwealth Acts.

The definitions and many of the interpretation rules are aimed at making Commonwealth legislation shorter, less complex and more consistent in operation.

A provision of this Act is subject to a contrary intention in other Commonwealth legislation.

Structure

Part 1 provides that this Act applies to all Acts. This Act also applies to legislative instruments and other instruments made under an Act (see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act).

Part 2 contains definitions that apply across all Commonwealth legislation (for example, Australian citizen, business day, document and month).

Part 3 deals with the commencement of Commonwealth Acts. For example, section 4 allows certain powers to be exercised (like the making of appointments) between the enactment and commencement of an Act.

Part 4 deals with the amendment, repeal and expiry of Commonwealth legislation. For example, section 7 provides that the repeal of an Act does not affect any rights accrued under the Act, or any legal proceedings instituted, before the repeal.

Part 5 contains various rules for interpreting Commonwealth legislation, including:

1. (a)

   section 15A (about interpreting an Act subject to the Constitution); and

2. (b)

   section 15AA (which provides for interpreting an Act in a way that best achieves the purpose or object of the Act); and

3. (c)

   section 15AB (about using material that is not part of an Act (like explanatory memorandums and second reading speeches) in interpreting an Act); and

4. (d)

   sections 19 to 19C (which deal with references to Ministers, Departments and Secretaries of Departments and with administrative changes in the operation of the Commonwealth Government).

Part 6 deals with the service of documents on persons.

Part 7 contains rules about exercising powers and performing functions and duties under Commonwealth legislation, including:

1. (a)

   subsection 33(3) (which provides that a power to make an instrument includes the power to vary or revoke the instrument); and

2. (b)

   section 33A (about acting appointments); and

3. (c)

   sections 34AA, 34AB and 34A (about delegating powers, functions and duties).

Part 8 deals with the calculation of distance, time and age.

Part 9 deals with the citation of Acts.

Part 10 deals with non‑legislative instruments. For example, it provides that this Act applies to those instruments and that expressions in those instruments have the same meaning as in the enabling legislation.

Part 11 contains a regulation‑making power.

3

Section 2

Repeal the section, substitute:

2Application of Act

1. (1)

   This Act applies to all Acts (including this Act).

   Note: This Act also applies to legislative instruments and other instruments made under an Act: see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act.

2. (2)

   However, the application of this Act or a provision of this Act to an Act or a provision of an Act is subject to a contrary intention.

2ABinding the Crown

This Act binds the Crown in each of its capacities.

4

After Part I

Insert:

Part 2—Definitions

2BDefinitions

In any Act:

acting SES employee has the same meaning as in the Public Service Act 1999.

affidavit includes affirmation, declaration and promise.

appoint: see section 33AA.

APS employee has the same meaning as in the Public Service Act 1999.

Australia means the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Note: See also section 15B.

Australian citizen has the same meaning as in the Australian Citizenship Act 2007.

Australian Standard: see section 2L.

business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.

calendar month means one of the 12 months of the year.

calendar year means a period of 12 months starting on 1 January.

commencement, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation.

Note: See also section 3.

Commonwealth means the Commonwealth of Australia and, when used in a geographical sense, includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Note: See also section 15B.

Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution.

Constitution means the Constitution of the Commonwealth.

contiguous zone has the same meaning as in the Seas and Submerged Lands Act 1973.

continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973.

contravene includes fail to comply with.

court exercising federal jurisdiction means any court when exercising federal jurisdiction, and includes a federal court.

court of summary jurisdiction means any justice of the peace, or magistrate of a State or Territory, sitting as a court of summary jurisdiction.

de facto partner: see section 2D.

document means any record of information, and includes:

1. (a)

   anything on which there is writing; and

2. (b)

   anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and

3. (c)

   anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and

4. (d)

   a map, plan, drawing or photograph.

estate includes any estate, interest, charge, right, title, claim demand, lien or encumbrance at law or in equity.

exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973.

Executive Council means the Federal Executive Council.

external Territory means a Territory, other than an internal Territory, where an Act makes provision for the government of the Territory as a Territory.

Note: See also section 15B.

federal court means the High Court or any court created by the Parliament.

financial year means a period of 12 months starting on 1 July.

foreign country means any country (whether or not an independent sovereign state) outside Australia and the external Territories.

Gazette means the Commonwealth of Australia Gazette.

Government Printer includes any person printing for the Government of the Commonwealth.

Note: See also section 17A.

Governor of a State: see section 16B.

Governor‑General: see section 16A.

High Court means the High Court of Australia.

individual means a natural person.

insolvent under administration has the same meaning as in the Corporations Act 2001.

internal Territory means the Australian Capital Territory, the Northern Territory or the Jervis Bay Territory.

Jervis Bay Territory means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915.

justice of the peace includes a justice of the peace for a State or part of a State or for a Territory.

land includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, whatever may be the estate or interest in them.

law of the Commonwealth: see section 2H.

Magistrate: see subsections 16C(2) and (3).

Minister or Minister of State means one of the Ministers of State for the Commonwealth.

Note: See also section 19.

modifications, in relation to a law, includes additions, omissions and substitutions.

month: see section 2G.

Northern Territory means the Northern Territory of Australia.

oath includes affirmation, declaration and promise.

Parliament means the Parliament of the Commonwealth.

penalty unit, including in relation to a civil penalty provision, has the meaning given by section 4AA of the Crimes Act 1914.

person: see section 2C.

prescribed means prescribed by the Act or by regulations under the Act.

Proclamation means Proclamation by the Governor‑General that is published in the Gazette or entered in the Federal Register of Legislative Instruments established under the Legislative Instruments Act 2003.

record includes information stored or recorded by means of a computer.

regulations means regulations under the Act.

rules of court: see section 2K.

seat of Government means the seat of Government of the Commonwealth.

SES employee has the same meaning as in the Public Service Act 1999.

Sovereign: see section 16.

Standards Australia means Standards Australia Limited (ACN 087 326 690).

State means a State of the Commonwealth.

statutory declaration means a declaration made because of any Act authorising a declaration to be made otherwise than in the course of a judicial proceeding.

Stipendiary Magistrate: see subsection 16C(1).

swear includes affirm, declare and promise.

territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973.

Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth or Territory of Australia means a Territory referred to in section 122 of the Constitution.

United Kingdom means the United Kingdom of Great Britain and Northern Ireland.

writing includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.

2CReferences to persons

1. (1)

   In any Act, expressions used to denote persons generally (such as “person”, “party”, “someone”, “anyone”, “no‑one”, “one”, “another” and “whoever”), include a body politic or corporate as well as an individual.

2. (2)

   Express references in an Act to companies, corporations or bodies corporate do not imply that expressions in that Act, of the kind mentioned in subsection (1), do not include companies, corporations or bodies corporate.

2DReferences to de facto partners

For the purposes of a provision of an Act that is a provision in which de facto partner has the meaning given by this Act, a person is the de facto partner of another person (whether of the same sex or a different sex) if:

1. (a)

   the person is in a registered relationship with the other person under section 2E; or

2. (b)

   the person is in a de facto relationship with the other person under section 2F.

2ERegistered relationships

For the purposes of paragraph 2D(a), a person is in a registered relationship with another person if the relationship between the persons is registered under a prescribed law of a State or Territory as a prescribed kind of relationship.

2FDe facto relationships

1. (1)

   For the purposes of paragraph 2D(b), a person is in a de facto relationship with another person if the persons:

   1. (a)

      are not legally married to each other; and

   2. (b)

      are not related by family (see subsection (6)); and

   3. (c)

      have a relationship as a couple living together on a genuine domestic basis.

2. (2)

   In determining for the purposes of paragraph (1)(c) whether 2 persons have a relationship as a couple, all the circumstances of their relationship are to be taken into account, including any or all of the following circumstances:

   1. (a)

      the duration of the relationship;

   2. (b)

      the nature and extent of their common residence;

   3. (c)

      whether a sexual relationship exists;

   4. (d)

      the degree of financial dependence or interdependence, and any arrangements for financial support, between them;

   5. (e)

      the ownership, use and acquisition of their property;

   6. (f)

      the degree of mutual commitment to a shared life;

   7. (g)

      the care and support of children;

   8. (h)

      the reputation and public aspects of the relationship.

3. (3)

   No particular finding in relation to any circumstance mentioned in subsection (2) is necessary in determining whether 2 persons have a relationship as a couple for the purposes of paragraph (1)(c).

4. (4)

   For the purposes of paragraph (1)(c), the persons are taken to be living together on a genuine domestic basis if the persons are not living together on a genuine domestic basis only because of:

   1. (a)

      a temporary absence from each other; or

   2. (b)

      illness or infirmity of either or both of them.

5. (5)

   For the purposes of subsection (1), a de facto relationship can exist even if one of the persons is legally married to someone else or is in a registered relationship (within the meaning of section 2E) with someone else or is in another de facto relationship.

6. (6)

   For the purposes of paragraph (1)(b), 2 persons are related by family if:

   1. (a)

      one is the child (including an adopted child) of the other; or

   2. (b)

      one is another descendant of the other (even if the relationship between them is traced through an adoptive parent); or

   3. (c)

      they have a parent in common (who may be an adoptive parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or has ceased to have effect.

1. (7)

   For the purposes of subsection (6), adopted means adopted under the law of any place (whether in or out of Australia) relating to the adoption of children.

2GMonths

1. (1)

   In any Act, month means a period:

   1. (a)

      starting at the start of any day of one of the calendar months; and

   2. (b)

      ending:

      1. (i)

         immediately before the start of the corresponding day of the next calendar month; or

      2. (ii)

         if there is no such day—at the end of the next calendar month.

   Example 1: A month starting on 15 December in a year ends immediately before 15 January in the next year.

   Example 2: A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days).

2. (2)

   In any Act, a reference to a period of 2 or more months is a reference to a period:

   1. (a)

      starting at the start of a day of one of the calendar months (the starting month); and

   2. (b)

      ending:

      1. (i)

         immediately before the start of the corresponding day of the calendar month that is that number of calendar months after the starting month; or

      2. (ii)

         if there is no such day—at the end of the calendar month that is that number of calendar months after the starting month.

   Example 1: A reference to 6 months starting on 15 December in a year is a reference to a period starting on that day and ending immediately before 15 June in the next year.

   Example 2: A reference to 6 months starting on 31 October in a year is a reference to a period starting on that day and ending at the end of April in the next year (because April is the calendar month coming sixth after October and does not have 31 days).

2HReferences to law of the Commonwealth

In any Act, a reference to the law of the Commonwealth, or to a law of the Commonwealth, does not include, and is taken never to have included, a reference to a law in force in a Territory so far as the law is so in force because of an Act providing for the acceptance, administration or government of that Territory.

2JDocuments commencing proceedings

A reference in a provision of an Act to any one or more of the following in connection with court proceedings:

1. (a)

   a summons;

2. (b)

   an information;

3. (c)

   a claim;

4. (d)

   a complaint;

5. (e)

   a declaration;

is taken to include a reference to any document through which proceedings may be instituted in a court.

Note: An example of such a document is a court attendance notice under the Criminal Procedure Act 1986 of New South Wales.

2KRules of court

1. (1)

   In any Act, rules of court, in relation to any court, means rules made by the authority having for the time being power to make rules or orders regulating the practice and procedure of such court.

2. (2)

   The power of the authority to make rules of court includes a power to make rules of court for the purpose of any Act which directs or authorises anything to be done by rules of court.

2LReferences to Australian Standards

In any Act, a reference consisting of the words “Australian Standard” followed by the letters “AS” and a number is a reference to the standard so numbered that is published by, or on behalf of, Standards Australia.

5

Part II (heading)

Repeal the heading, substitute:

Part 3—Commencement of Acts

6

Subsection 3(1)

Repeal the subsection.

Note: The heading to section 3 is replaced by the heading “When Acts come into operation”.

7

Subsection 3(2)

Omit “(2) Where an Act, or any instrument (including any rules regulations or by‑laws) made granted or issued under a power conferred by an Act,”, substitute “If an Act or a provision of an Act”.

8

After section 3

Insert:

3ACommencement of Acts

1. (1)

   This section does not apply to an Act so far as it provides for its commencement.

2. (2)

   An Act (other than an Act to alter the Constitution) commences on the 28th day after the day on which that Act receives the Royal Assent.

3. (3)

   An Act to alter the Constitution commences on the day on which that Act receives the Royal Assent.

9

Section 4

Repeal the section, substitute:

4Exercise of powers between enactment and commencement of Act

Application of section

1. (1)

   This section applies if an Act is enacted and at a time (the start time) after its enactment the Act will confer power to make an appointment, or to make an instrument of a legislative or administrative character (including rules, regulations or by‑laws), because:

   1. (a)

      the Act will commence at the start time; or

   2. (b)

      the Act will be amended at the start time by an Act that has been enacted and that commences at that time.

Exercise of power before start time

1. (2)

   The power may be exercised before the start time as if the relevant commencement had occurred.

2. (3)

   Anything may be done before the start time for the purpose of enabling the exercise of the power, or of bringing the appointment or instrument into effect, as if the relevant commencement had occurred.

3. (4)

   The exercise of a power under subsection (2) does not confer a power or right or impose an obligation on a person before the relevant commencement except so far as is necessary or convenient for the purpose of:

   1. (a)

      bringing the appointment or instrument into effect; or

   2. (b)

      bringing the Act conferring power into operation; or

   3. (c)

      making the Act conferring power fully effective at or after the start time.

4. (5)

   An appointment, or a provision of an instrument, made under subsection (2) takes effect at the start time or a later time specified in the appointment or instrument.

One instrument may rely on subsection (2) and existing power

1. (6)

   To avoid doubt, a single instrument may be made before the start time partly under subsection (2) and partly under a power already conferred by an Act.

Extended application to provisions of an Act

1. (7)

   Subsections (1) to (6) also apply in relation to a provision of an Act in the same way as they apply in relation to an Act.

10

Section 5

Repeal the section.

11

Section 6

Omit “King’s” (wherever occurring), substitute “Sovereign’s”.

Note: The heading to section 6 is altered by omitting “or proclamation”.

12

Part III (heading)

Repeal the heading, substitute:

Part 4—Amendment, repeal and expiry of Acts

13

Sections 7 to 9

Repeal the sections, substitute:

7Effect of repeal or amendment of Act

No revival of other Act or part

1. (1)

   The repeal of an Act, or of a part of an Act, that repealed an Act (the old Act) or part (the old part) of an Act does not revive the old Act or old part, unless express provision is made for the revival.

No effect on previous operation of Act or part

1. (2)

   If an Act, or an instrument under an Act, repeals or amends an Act (the affected Act) or a part of an Act, then the repeal or amendment does not:

   1. (a)

      revive anything not in force or existing at the time at which the repeal or amendment takes effect; or

   2. (b)

      affect the previous operation of the affected Act or part (including any amendment made by the affected Act or part), or anything duly done or suffered under the affected Act or part; or

   3. (c)

      affect any right, privilege, obligation or liability acquired, accrued or incurred under the affected Act or part; or

   4. (d)

      affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the affected Act or part; or

   5. (e)

      affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the affected Act or part had not been repealed or amended.

Note: The Act that makes the repeal or amendment, or provides for the instrument to make the repeal or amendment, may be different from, or the same as, the affected Act or the Act containing the part repealed or amended.

Interpretation

1. (3)

   A reference in subsection (1) or (2) to the repeal or amendment of an Act or of a part of an Act includes a reference to:

   1. (a)

      a repeal or amendment effected by implication; and

   2. (b)

      the expiry, lapsing or cessation of effect of the Act or part; and

   3. (c)

      the abrogation or limitation of the effect of the Act or part; and

   4. (d)

      the exclusion of the application of the Act or part to any person, subject‑matter or circumstance.

2. (4)

   A reference in this section to a part of an Act includes a reference to any provision of, or words, figures, drawings or symbols in, an Act.

14

Section 10

Omit “, except so far as the contrary intention appears”.

15

Paragraph 10(b)

Omit “and, where, in connexion with that reference, particular provisions of the repealed Act are referred to, being provisions to which provisions of the re‑enacted Act correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions”.

16

At the end of section 10

Add:

1. ; and (c)

   if a provision of the other Act is repealed and re‑enacted (including where the other Act is repealed and re‑enacted), with or without modifications, a reference to the repealed provision extends to any corresponding re‑enacted provision.

17

Section 10A

Omit “, except so far as the contrary intention appears”.

18

Paragraph 10A(b)

Omit “and, where, in connection with that reference, particular provisions of the repealed law are referred to, being provisions to which provisions of the re‑enacted or re‑made law correspond, the reference to those particular provisions shall be construed as including a reference to those corresponding provisions”.

19

At the end of section 10A

Add:

1. ; and (c)

   if a provision of that law is repealed and re‑enacted or re‑made (including where that law is repealed and re‑enacted or re‑made), with or without modifications, a reference to the repealed provision extends to any corresponding re‑enacted or re‑made provision.

20

Section 11

Repeal the section, substitute:

11Acts may be altered etc. in same session

An Act may be altered, amended or repealed in the same session of Parliament in which it was passed.

11AInserting definitions into provisions or inserting items into lists or tables

Inserting definitions

1. (1)

   If an amending Act inserts a definition in a provision of the Act being amended, but does not specify the position in that provision where it is to be inserted, it is to be inserted in the appropriate alphabetical position, determined on a letter‑by‑letter basis.

Inserting items into lists or tables

1. (2)

   If:

   1. (a)

      an amending Act inserts an item into a list or table in a provision of the Act being amended, but does not specify the position in the list or table where the item is to be inserted; and

   2. (b)

      immediately before the insertion, the list or table was arranged alphabetically;

the item is inserted in the appropriate alphabetical position, determined on a letter‑by‑letter basis.

11BAmending Act to be construed with amended Act

1. (1)

   Every Act amending another Act must be construed with the other Act as part of the other Act.

2. (2)

   If:

   1. (a)

      an Act (the amending Act) amends another Act (the principal Act); and

   2. (b)

      a provision (the non‑amending provision) of the amending Act does not amend the principal Act, but relates to an amendment of the principal Act made by another provision of the amending Act; and

   3. (c)

      a term is used in the non‑amending provision that has a particular meaning in the principal Act or in a provision of the principal Act amended or included by the amending Act;

then the term has that meaning in the non‑amending provision.

Note: Subsection (2) covers, for example, application, transitional and saving items in a Schedule to an amending Act that relate to amendments of a principal Act made by other items in the Schedule.

1. (3)

   Subsection (2) does not limit subsection (1).

21

Part IV (heading)

Repeal the heading, substitute:

Part 5—General interpretation rules

22

Sections 13 to 15

Repeal the sections, substitute:

13Material that is part of an Act

1. (1)

   All material from and including the first section of an Act to the end of:

   1. (a)

      if there are no Schedules to the Act—the last section of the Act; or

   2. (b)

      if there are one or more Schedules to the Act—the last Schedule to the Act;

is part of the Act.

1. (2)

   The following are also part of an Act:

   1. (a)

      the long title of the Act;

   2. (b)

      any Preamble to the Act;

   3. (c)

      the enacting words for the Act;

   4. (d)

      any heading to a Chapter, Part, Division or Subdivision appearing before the first section of the Act.

23

Section 15AA

Repeal the section, substitute:

15AAInterpretation best achieving Act’s purpose or object

In interpreting a provision of an Act, the interpretation that would best achieve the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to each other interpretation.

24

Section 15AD

Repeal the section, substitute:

15ADExamples

If an Act includes an example of the operation of a provision:

1. (a)

   the example is not exhaustive; and

2. (b)

   the example may extend the operation of the provision.

25

Subsections 15B(1) to (3)

Repeal the subsections, substitute:

Coastal sea of Australia

1. (1)

   An Act is taken to have effect in, and in relation to, the coastal sea of Australia as if that coastal sea were part of Australia.

2. (2)

   A reference in an Act to Australia, or to the Commonwealth, is taken to include a reference to the coastal sea of Australia.

Coastal sea of external Territory

1. (3)

   An Act that is in force in an external Territory is taken to have effect in, and in relation to, the coastal sea of the Territory as if that coastal sea were part of the Territory.

2. (3A)

   A reference in an Act to all or any of the external Territories (whether or not one or more particular Territories are referred to) is taken to include a reference to the coastal sea of any Territory to which the reference relates.

Note: The following heading to subsection 15B(4) is inserted “Definition”.

26

Paragraph 15C(b)

Omit “except so far as the contrary intention appears,”.

27

Part V (heading)

Repeal the heading.

28

Section 16

Omit “unless the contrary intention appears”.

29

Section 16A

Omit “, unless the contrary intention appears,” (wherever occurring).

30

Section 16B

Omit “, unless the contrary intention appears,”.

31

Subsection 16C(2)

Omit “, unless the contrary intention appears,”.

32

Subsection 16C(3)

Omit “Unless the contrary intention appears, a”, substitute “A”.

33

Sections 17, 17AA and 18

Repeal the sections.

34

Section 18A

Omit “, unless the contrary intention appears,”.

35

Section 18B

Repeal the section, substitute:

18BTitles of Chairs and Deputy Chairs

Chair titles

1. (1)

   For the purposes of this section, each of the following is a chair title:

   1. (a)

      Chair;

   2. (b)

      Chairperson;

   3. (c)

      Chairman;

   4. (d)

      Chairwoman.

2. (2)

   A person occupying an office that is established by an Act and that has a chair title may choose to be referred to by:

   1. (a)

      that chair title; or

   2. (b)

      another chair title; or

   3. (c)

      any other similar title.

3. (3)

   If a person occupying an office that is established by an Act and that has a chair title does not choose to be referred to by a title mentioned in subsection (2), the person may be referred to by the chair title that someone addressing the person considers appropriate.

Deputy chair titles

1. (4)

   For the purposes of this section, each of the following is a deputy chair title:

   1. (a)

      Deputy Chair;

   2. (b)

      Deputy Chairperson;

   3. (c)

      Deputy Chairman;

   4. (d)

      Deputy Chairwoman.

2. (5)

   A person occupying an office that is established by an Act and that has a deputy chair title may choose to be referred to by:

   1. (a)

      that deputy chair title; or

   2. (b)

      another deputy chair title; or

   3. (c)

      any other similar title.

3. (6)

   If a person occupying an office that is established by an Act and that has a deputy chair title does not choose to be referred to by a title mentioned in subsection (5), the person may be referred to by the deputy chair title that someone addressing the person considers appropriate.

36

Section 18C

Repeal the section.

37

Paragraph 19A(1)(ab)

After “Minister”, insert “(including where there is no longer any such Minister)”.

38

Subsection 19A(1)

Omit “, unless the contrary intention appears,”.

39

Subsection 19A(3)

Repeal the subsection, substitute:

1. (3)

   If a provision of an Act:

   1. (a)

      refers to a Department by using the expression “the Department” without specifying which Department is referred to; or

   2. (b)

      refers to a particular Department (including where there is no longer any such Department);

then the reference is a reference to:

1. (c)

   if different Ministers administer the provision in respect of different matters—the Department of State of the Commonwealth that:

   1. (i)

      deals with the relevant matter; and

   2. (ii)

      is administered by the Minister or Ministers administering the provision in respect of that matter; or

2. (d)

   in any other case—the Department of State of the Commonwealth that:

   1. (i)

      deals with the matters to which the provision relates; and

   2. (ii)

      is administered by the Minister or Ministers administering the provision.

40

Subsections 19B(1), (2) and (3)

Omit “on and from the date of the order or such later date as is specified in the order”, substitute “on and after the day specified in the order (which may be a day before the order is made)”.

41

Subsections 19BA(1), (2) and (3)

Omit “on and from the date of the order or such later date as is specified in the order”, substitute “on and after the day specified in the order (which may be a day before the order is made)”.

42

Subsection 19BB(2)

Omit “on and from the date of the order under subsection (1) or such later date as is specified in that order”, substitute “on and after the day specified in the order under subsection (1) (which may be a day before that order is made)”.

43

After section 19BC

Insert:

19BDValidity of acts done by Ministers

If a Minister purports to exercise a power or perform a function or duty that is conferred or imposed on another Minister by an Act, the exercise of that power or the performance of that function or duty is not invalid merely because the power, function or duty is conferred or imposed on the other Minister.

44

Section 20

Omit “unless the contrary intention appears”.

45

Section 20

After “at any time”, insert “hold or”.

46

Section 20

Omit “said”.

47

Subsection 21(1)

Omit “, unless the contrary intention appears”.

48

Sections 22 to 22C

Repeal the sections.

49

Section 23

Omit “, unless the contrary intention appears”.

50

Section 25

Repeal the section.

51

Subsection 25B(1)

Omit “, unless the contrary intention appears”.

52

Subsection 25B(1A)

Omit “, unless the contrary intention appears,”.

53

Subsection 25B(2)

Omit “, unless the contrary intention appears”.

54

Section 25C

Omit “, unless the contrary intention appears,”.

55

Section 25E

Repeal the section.

56

Part VI (heading)

Repeal the heading, substitute:

Part 6—Service of documents

57

Sections 26 to 28

Repeal the sections.

58

Subsection 28A(1)

Omit “, unless the contrary intention appears,”.

59

At the end of subsection 28A(1)

Add:

Note: The Electronic Transactions Act 1999 deals with giving information in writing by means of an electronic communication.

60

Subsection 29(1)

Omit “unless the contrary intention appears”.

61

Subsection 29(1)

Omit “prepaying and posting the document as a letter, and unless the contrary is proved”, substitute “, prepaying and posting the document as a letter and, unless the contrary is proved,”.

62

Part VII (heading)

Repeal the heading, substitute:

Part 7—Powers, functions and duties

63

Subsection 33(1)

After “a power”, insert “or function”.

Note 1: The heading to section 33 is replaced by the heading “Exercise of powers and performance of functions or duties”.

Note 2: The following heading to subsection 33(1) is inserted “Powers, functions and duties may be exercised or must be performed as the occasion requires”.

64

Subsection 33(1)

Omit “, unless the contrary intention appears,”.

65

Subsection 33(1)

Omit “duty shall be performed”, substitute “function or duty must be performed”.

66

Subsections 33(2) and (2AA)

Repeal the subsections.

Note 1: The following heading to subsection 33(2A) is inserted “Meaning of may”.

Note 2: The following heading to subsection 33(2B) is inserted “Powers, functions and duties of bodies not affected by membership vacancies”.

67

Subsection 33(3)

After “instrument” (first occurring), insert “of a legislative or administrative character”.

Note: The following heading to subsection 33(3) is inserted “Power to make instrument includes power to vary or revoke etc. instrument”.

68

Subsection 33(3)

Omit “, unless the contrary intention appears,”.

69

After subsection 33(3)

Insert:

1. (3AA)

   If a condition (the ongoing condition):

   1. (a)

      must be satisfied before the making, granting or issuing of an instrument; and

   2. (b)

      is capable of ceasing to be satisfied after the making, granting or issuing of the instrument;

subsection (3) has effect, in relation to the repeal, rescission or revocation of the instrument, as if the reference to like conditions (to the extent that the reference relates to the ongoing condition) were a reference to the ongoing condition ceasing to be satisfied.

Example: A Minister may give a person a written permission if, among other things, the Minister is satisfied the person is of good character.

This condition is capable of ceasing to be satisfied after the giving of the permission.

The Minister may repeal, rescind or revoke the permission in the like manner if the Minister ceases to be satisfied that the person is of good character.

70

Subsection 33(3A)

After “instrument” (first occurring), insert “of a legislative or administrative character”.

Note: The following heading to subsection 33(3A) is inserted “Scope of powers in respect of matters”.

71

After subsection 33(3A)

Insert:

1. (3AB)

   If an Act confers on a person or authority the power to make an instrument (except a legislative instrument or a rule of court):

   1. (a)

      specifying, declaring or prescribing a matter; or

   2. (b)

      doing anything in relation to a matter;

then, in exercising the power, the person or authority may identify the matter by reference to a class or classes of matters.

Note: This provision has a parallel, in relation to legislative instruments, in section 13 of the Legislative Instruments Act 2003.

1. (3AC)

   For the purposes of subsections (3A) and (3AB), matter includes thing, person and animal.

72

Subsection 33(3B)

After “instrument”, insert “of a legislative or administrative character”.

73

Subsection 33(4)

Omit “, unless the contrary intention appears,” (wherever occurring).

Note: The following heading to subsection 33(4) is inserted “Power to make appointment to an office or place”.

74

Subsection 33(4A)

Repeal the subsection.

Note: The following heading to subsection 33(5) is inserted “Power to make instrument prescribing penalties”.

75

After section 33

Insert:

33AAPower to appoint includes power to reappoint

If an Act confers on a person or body a power to make an appointment, the power is taken to include a power of reappointment.

33ABValidity of things done under appointments under Acts

Anything done by or in relation to a person purporting to act under an appointment (including an acting appointment) under an Act is not invalid merely because:

1. (a)

   for any appointment—the occasion for the appointment had not arisen; or

2. (b)

   for any appointment—there was a defect or irregularity in connection with the appointment; or

3. (c)

   for any appointment—the appointment had ceased to have effect; or

4. (d)

   for an acting appointment—the occasion to act had not arisen or had ceased.

76

Subsection 33A(2)

Repeal the subsection, substitute:

Acting by operation of law

1. (2)

   If a provision of an Act provides for a person to act in a particular office (without the need for an appointment), then, except so far as the Act otherwise provides, while the person is acting in the office:

   1. (a)

      the person has and may exercise all the powers, and must perform all the functions and duties, of the holder of the office; and

   2. (b)

      the Act or any other Act applies in relation to the person as if the person were the holder of the office.

2. (3)

   Anything done by or in relation to a person purporting to act in the office mentioned in subsection (2) is not invalid merely because the occasion to act had not arisen or had ceased.

Definition

1. (4)

   In this section:

office includes a position occupied by an APS employee.

Note 1: The heading to section 33A is replaced by the heading “Acting in offices or positions”.

Note 2: The following heading to subsection 33A(1) is inserted “Acting appointments”.

77

At the end of subsection 33B(3)

Add “and to form part of any quorum for the meeting”.

78

Subsection 33B(4)

Repeal the subsection, substitute:

1. (4)

   The members of a body participating in a meeting for which a permission under subsection (2) is in effect may all participate by a means of communication referred to in that subsection.

2. (5)

   A meeting for which a permission under subsection (2) is in effect may be held at 2 or more places at the same time.

79

Section 34

After “oath”, insert “or affirmation”.

Note: The heading to section 34 is replaced by the heading “Power to hear and determine a matter includes power to receive evidence and examine witnesses etc.”.

80

After section 34

Insert:

34AAAExercise of powers etc. by holders etc. of offices or positions

If an Act confers a power or function or imposes a duty on a person holding or occupying an office or position as such, then the power may be exercised or the function or duty must be performed by the person for the time being holding or occupying the office or position.

81

Before section 34AA

Insert:

34AABMinister may authorise others to perform functions or duties or exercise powers on his or her behalf

1. (1)

   A Minister (the authorising Minister) who administers (whether alone or jointly with one or more other Ministers) an Act or a provision of an Act may authorise:

   1. (a)

      a Minister who does not administer the Act or provision; or

   2. (b)

      a member of the Executive Council who is not a Minister;

to act on behalf of the authorising Minister in the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under the Act or provision.

1. (2)

   An authorisation under subsection (1) in relation to an Act or a provision of an Act extends to the performance of functions or duties, or the exercise of powers, that the authorising Minister may perform or exercise under an instrument (including a regulation, rule or Proclamation) having effect under or for the purposes of the Act or provision.

2. (3)

   Subject to subsection (4), an authorisation under subsection (1) may be expressed:

   1. (a)

      to have effect only during a period or periods, or during the existence of a circumstance or circumstances, referred to in the authorisation; or

   2. (b)

      to take effect immediately, or at a time referred to in the authorisation, and afterwards to continue to have effect until another person is appointed to the office held by the authorising Minister.

3. (4)

   An authorisation under subsection (1) may be revoked at any time by the authorising Minister.

4. (5)

   An authorisation under subsection (1), and the revocation of such an authorisation, must be in writing.

5. (6)

   This section does not affect the giving, under a power existing apart from this section, of an authorisation to a Minister or other member of the Executive Council to act on behalf of another Minister.

82

Section 34AA

After “a function”, insert “, duty”.

Note: The heading to section 34AA is replaced by the heading “Delegation to persons holding, occupying or performing the duties of an office or position”.

83

Section 34AA

Omit “, unless the contrary intention appears,”.

84

Section 34AA

After “delegating the function”, insert “, duty”.

85

Section 34AA

After “delegate the function”, insert “, duty”.

86

Section 34AB

Before “Where”, insert “(1)”.

Note: The following heading to subsection 34AB(1) is inserted “General”.

87

Section 34AB

After “delegate a function”, insert “, duty”.

88

Paragraphs 34AB(c) and (d)

After “a function”, insert “, duty”.

89

At the end of section 34AB

Add:

Addition of functions, duties or powers

1. (2)

   If:

   1. (a)

      a person (the delegator) or body (also the delegator) delegates all the person’s or body’s functions, duties or powers under an Act, or a provision of an Act, to another person or body; and

   2. (b)

      the Act is amended to give the delegator one or more additional functions, duties or powers under the Act or provision; and

   3. (c)

      the delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the delegation is taken to include the additional functions, duties or powers.

Alteration of functions, duties or powers

1. (3)

   If:

   1. (a)

      a person or body delegates one or more of the person’s or body’s functions, duties or powers under an Act, or a provision of an Act, to another person or body; and

   2. (b)

      the Act is amended to alter the scope of one or more of those functions, duties or powers under the Act or provision; and

   3. (c)

      the delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the delegation is taken to include the functions, duties or powers as altered.

90

Section 34A

Repeal the section, substitute:

34AExercise of powers and performance of functions or duties that depend upon the opinion etc. of delegates

If:

1. (a)

   under an Act, a person’s exercise of a power, or a person’s performance of a function or duty, is dependent upon the person’s opinion, belief or state of mind in relation to a matter; and

2. (b)

   that power, function or duty has been delegated under that or any other Act;

the delegate may exercise that power, or may perform that function or duty, upon the delegate’s opinion, belief or state of mind in relation to that matter.

91

Part VIII (heading)

Repeal the heading, substitute:

Part 8—Distance, time and age

92

Section 35

Omit “, unless the contrary intention appears,”.

93

Section 36

Repeal the section, substitute:

36Calculating time

1. (1)

   A period of time referred to in an Act that is of a kind mentioned in column 1 of an item in the following table is to be calculated according to the rule mentioned in column 2 of that item:

Calculating periods of time
Item	Column 1 If the period of time:	Column 2 then the period of time:
1	is expressed to occur between 2 days	includes both days.
2	is expressed to begin at, on or with a specified day	includes that day.
3	is expressed to continue until a specified day	includes that day.
4	is expressed to end at, on or with a specified day	includes that day.
5	is expressed to begin from a specified day	does not include that day.
6	is expressed to begin after a specified day	does not include that day.
7	is expressed to end before a specified day	does not include that day.

Example 1: If a claim may be made between 1 September and 30 November, a claim may be made on both 1 September and 30 November.

Example 2: If a permission begins on the first day of a financial year, the permission is in force on that day.

Example 3: If a licence continues until 31 March, the licence is valid up to and including 31 March.

Example 4: If a person’s right to make submissions ends on the last day of a financial year, the person may make submissions on that day.

Example 5: If a variation of an agreement is expressed to operate from 30 June, the variation starts to operate on 1 July.

Example 6: If a decision is made on 2 August and a person has 28 days after the day the decision is made to seek a review of the decision, the 28‑day period begins on 3 August.

Example 7: If a person must give a notice to another person at any time during the period of 7 days before the day a proceeding starts and the proceeding starts on 8 May, the notice may be given at any time during the 7‑day period starting on 1 May and ending on 7 May.

1. (2)

   If:

   1. (a)

      an Act requires or allows a thing to be done; and

   2. (b)

      the last day for doing the thing is a Saturday, a Sunday or a holiday;

then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday.

Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April.

1. (3)

   In this section:

holiday, in relation to the time for doing a thing, means:

1. (a)

   a day that is a public holiday in the place in which the thing is to be or may be done; and

2. (b)

   if the thing is to be or may be done at a particular office or other place—a day on which the place or office is closed for the whole day.

94

Section 37

Omit “standard or”.

95

At the end of Part VIII

Add:

37AAttainment of particular age

For the purposes of any Act, the time at which a person attains a particular age expressed in years is the commencement of the relevant anniversary of the date of the birth of that person.

96

Part IX (heading)

Repeal the heading, substitute:

Part 9—Citation of Acts

97

At the end of section 38

Add:

1. (4)

   An Act passed by the legislature of a Territory may be referred to by the term “Territory Act”.

98

Section 39

Omit “King’s”, substitute “Sovereign’s”.

99

At the end of subsection 40(1)

Add:

1. ; and (d)

   any Territory Act may be cited by a reference to the Territory by whose legislature the Act was passed, together with such mode of reference as is sufficient in Acts passed by that legislature.

100

Subsection 40(2)

Omit “or State Act”, substitute “, State Act or Territory Act”.

101

Subsections 40(3) and (4)

Repeal the subsections.

102

Part XI (heading)

Repeal the heading, substitute:

Part 10—Non‑legislative instruments and resolutions

103

Subsection 46(1)

Omit “, unless the contrary intention appears”.

104

Paragraphs 46(1)(b) and (c)

After “legislation”, insert “as in force from time to time”.

105

Subsection 46(2)

Omit “subsection (1)”, substitute “this subsection”.

106

Subsection 46(3)

Repeal the subsection (not including the note).

107

Subsection 46AA(1)

Omit “, unless the contrary intention appears,”.

108

Subsection 46AA(2)

Omit “Unless the contrary intention appears, the”, substitute “The”.

109

Section 47

Omit “, unless the contrary intention appears,”.

110

Part XII (heading)

Repeal the heading, substitute:

Part 11—Regulations

Legislative Instruments Act 2003

111

Paragraphs 13(1)(b) and (c)

After “legislation”, insert “as in force from time to time”.

112

Subsection 13(2)

Omit “subsection (1)”, substitute “this subsection”.

113

Subsection 13(3)

Omit “or thing” (wherever occurring).

114

Subsection 13(3)

Omit “or things”.

115

At the end of section 13 (before the note)

Add:

1. (4)

   For the purposes of subsection (3), matter includes thing, person and animal.

116

Section 13 (note)

Omit “section 46”, substitute “subsection 33(3AB) and section 46”.

Schedule 2Consequential amendments

Aboriginal and Torres Strait Islander Act 2005

1

At the end of subsection 143M(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

2

Subsection 143M(5)

Repeal the subsection.

3

Subsection 144F(4)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

4

Subsection 144F(5)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

5

Subsection 144L(1)

Omit “(1)”.

6

At the end of subsection 144L(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

7

Subsection 144L(2)

Repeal the subsection.

8

Subsection 144ZP(1)

Omit “(1)”.

9

At the end of subsection 144ZP(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

10

Subsection 144ZP(2)

Repeal the subsection.

11

At the end of subsection 162(1)

Add:

Note: For rules that apply to persons acting as the Indigenous Business Australia Chairperson, see section 33A of the Acts Interpretation Act 1901.

12

At the end of subsections 162(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

13

Subsection 162(5)

Repeal the subsection.

14

Subsection 172(1)

Omit “(1)”.

15

At the end of subsection 172(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

16

Subsection 172(2)

Repeal the subsection.

17

Subsection 190(3)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

18

Subsection 190(4)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

19

At the end of subsection 192E(1)

Add:

Note: For rules that apply to persons acting as the Indigenous Land Corporation Chairperson, see section 33A of the Acts Interpretation Act 1901.

20

At the end of subsections 192E(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

21

Subsection 192E(5)

Repeal the subsection.

22

Subsection 192P(1)

Omit “(1)”.

Note: The heading to subsection 192P(1) is deleted.

23

At the end of subsection 192P(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

24

Subsection 192P(2)

Repeal the subsection.

25

Subsection 200C(2) (note 1)

Omit “section 17AA”, substitute “section 2B”.

Aboriginal Land Rights (Northern Territory) Act 1976

26

Section 3AAA (note)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

27

Subsection 3AA(1) (note)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

28

Subsection 20J(1)

Omit “(1)”.

29

Subsection 20J(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

30

Subsection 20J(2)

Repeal the subsection.

31

Subsection 28D(2)

Omit “paragraph 34AB(d)”, substitute “paragraph 34AB(1)(d)”.

Administrative Appeals Tribunal Act 1975

32

Subsection 24M(1)

Omit “(1)”.

33

At the end of subsection 24M(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

34

Subsections 24M(2) and (3)

Repeal the subsections.

Admiralty Act 1988

35

Subsection 41(5)

Repeal the subsection.

Aged Care Act 1997

36

Paragraph 22‑5(2)(a)

Omit “*business days”, substitute “business days”.

37

Subsection 39‑4(2)

Omit “*business days”, substitute “business days”.

38

Subsection 44‑11(1) (paragraph (aa) of the definition of member of a couple)

Omit “section 22B”, substitute “section 2E”.

39

Subparagraph 91‑1(1)(a)(ii)

Omit “*business day”, substitute “business day”.

40

Subsection 95A‑3(1)

Omit “(1)”.

41

At the end of subsection 95A‑3(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

42

Subsection 95A‑3(2)

Repeal the subsection.

43

Clause 1 of Schedule 1 (definition of business day)

Repeal the definition.

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

44

Subsection 3(1) (definition of document)

Repeal the definition.

Agricultural and Veterinary Chemicals Act 1994

45

Subsection 3(3)

Omit “subsection 22(3)”, substitute “section 2H”.

Agricultural and Veterinary Chemicals (Administration) Act 1992

46

Section 18 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

47

At the end of subsection 43(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

48

Subsection 43(5)

Repeal the subsection.

Agricultural and Veterinary Chemicals Code Act 1994

49

Section 9

Omit “subsection 13(2)”, substitute “subsection 13(1)”.

50

Subsection 3(1) of the Code set out in the Schedule (definition of document)

Repeal the definition.

51

Subparagraph 56D(5)(a)(viii) of the Code set out in the Schedule

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

Air Navigation Act 1920

1. 52

   Subsection 11A(4) (definition of Australian citizen)

   Repeal the definition.

Airports Act 1996

53

Subsection 71(8)

Omit “Australian Standard AS2021—1994”, substitute “Australian Standard AS 2021—2000”.

54

Subsection 89(4) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

55

Subsection 91(6)

Omit “Australian Standard AS2021—1994”, substitute “Australian Standard AS 2021—2000”.

56

Paragraph 100(2)(d)

Omit “the Standards Association of Australia”, substitute “Standards Australia”.

57

Paragraph 107(2)(d)

Omit “the Standards Association of Australia”, substitute “Standards Australia”.

58

Subsection 132(3A)

Omit “the Standards Association of Australia”, substitute “Standards Australia”.

59

Subsection 133(3A)

Omit “the Standards Association of Australia”, substitute “Standards Australia”.

Airports (Transitional) Act 1996

60

Subsection 55(3)

Repeal the subsection.

Air Services Act 1995

61

At the end of subsections 33(1), (3) and (4)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

62

Subsection 33(5)

Repeal the subsection.

63

At the end of subsection 41(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

64

Subsection 41(4)

Repeal the subsection.

A New Tax System (Medicare Levy SurchargeFringe Benefits) Act 1999

65

Paragraph 7(1)(a)

Omit “section 22B”, substitute “section 2E”.

Antarctic Treaty (Environment Protection) Act 1980

1. 66

   Subsection 3(1) (definition of continental shelf)

   Repeal the definition.

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

67

Subsection 164(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

68

Subsection 214(3) (note)

Repeal the note, substitute:

Note: The AUSTRAC CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

69

Subsection 221(1)

Omit “(1)”.

70

At the end of subsection 221(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

71

Subsection 221(2)

Repeal the subsection.

72

Paragraph 249(b)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Anti‑Personnel Mines Convention Act 1998

73

Subsection 8(1) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

74

Subsections 13(3) and (4) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

Archives Act 1983

1. 75

   Subsection 3(1) (note at the end of the definition of record)

   Omit “section 25”, substitute “section 2B”.

76

Subsection 3C(1) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Auditor‑General Act 1997

77

Subsection 56(3) (definition of modifications)

Repeal the definition.

78

At the end of subclause 7(1) of Schedule 1

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

79

Subclause 7(2) of Schedule 1

Repeal the subclause.

80

Subclause 7(3) of Schedule 1 (note)

Repeal the note.

81

Subclause 6(1) of Schedule 2

Omit “(1)”.

82

At the end of subclause 6(1) of Schedule 2

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

83

Subclause 6(2) of Schedule 2

Repeal the subclause.

AusCheck Act 2007

1. 84

   Subsection 4(1) (note at the end of the definition of AusCheck staff member)

   Omit “section 17AA”, substitute “section 2B”.

85

Subsection 12(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Australia Council Act 1975

86

Subsection 15(1)

Omit “Subject to subsection (2), the”, substitute “The”.

87

At the end of subsection 15(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

88

Subsection 15(2)

Repeal the subsection.

89

At the end of subsection 15(3)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

90

Subsections 15(4), (5) and (7)

Repeal the subsections.

91

Subsection 19E(1)

Omit “(1)”.

92

Paragraph 19E(1)(b)

Omit “General Manager;”, substitute “General Manager.”.

93

Subsection 19E(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

94

At the end of subsection 19E(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

95

Subsections 19E(2) to (6)

Repeal the subsections.

96

Paragraph 28(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

97

Subsection 28(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

98

At the end of subsection 28(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

99

Subsections 28(2) to (4) and (7)

Repeal the subsections.

Australian Astronomical Observatory Act 2010

100

Subsection 9(2) (note 2)

Omit “section 17AA”, substitute “section 2B”.

101

Subsection 10(1)

Omit “(1)”.

102

Subsection 10(1) (note)

Omit “Note”, substitute “Note 1”.

103

Subsection 10(1) (note)

Omit “section 17AA”, substitute “section 2B”.

104

At the end of subsection 10(1)

Add:

Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

105

Subsection 10(2)

Repeal the subsection.

106

Subsection 15(2) (note)

Repeal the note, substitute:

Note: An Advisory Committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Australian Broadcasting Corporation Act 1983

107

Subsection 19(1)

Omit “(1)”.

108

At the end of subsection 19(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

109

Subsections 19(2), (3) and (4)

Repeal the subsections.

110

Paragraph 20(1)(b)

Omit “office;”, substitute “office.”.

111

Subsection 20(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

112

At the end of subsection 20(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

113

Subsections 20(2), (5), (7) and (9)

Repeal the subsections.

114

At the end of subsection 21(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

115

Subsections 21(4), (5) and (6)

Repeal the subsections.

Australian Bureau of Statistics Act 1975

116

Subsection 15(1)

Omit “, but a person so appointed to act during a vacancy shall not continue so to act for more than 12 months”.

117

At the end of subsection 15(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

118

Subsections 15(2), (3), (5) and (6)

Repeal the subsections.

Australian Capital Territory Government Service (Consequential Provisions) Act 1994

119

Subsection 23(2)

Omit “section 8”, substitute “section 7”.

Australian Capital Territory (Planning and Land Management) Act 1988

120

At the end of subsections 37(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

121

Subsections 37(4) and (5)

Repeal the subsections.

Australian Centre for International Agricultural Research Act 1982

122

Subsection 14(1)

Omit “(1)”.

123

Subsection 14(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

124

Subsection 14(2)

Repeal the subsection.

125

Subsection 29(1)

Omit “(1)”.

126

Subsection 29(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

127

Subsection 29(2)

Repeal the subsection.

Australian Centre for Renewable Energy Act 2010

128

Section 9 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

129

At the end of subsection 10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

130

Subsection 10(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

131

Subsection 10(3)

Repeal the subsection.

Australian Communications and Media Authority Act 2005

132

Paragraph 8(1)(e)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

133

Paragraph 9(d)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

134

At the end of subsections 23(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

135

Subsection 23(3)

Repeal the subsection.

136

Subsection 26(1)

Omit “(1)”.

137

At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

138

Subsection 26(2)

Repeal the subsection.

Australian Crime Commission Act 2002

139

Subsection 46(1)

Omit “(1)”.

140

At the end of subsection 46(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

141

Subsection 46(2)

Repeal the subsection.

Australian Curriculum, Assessment and Reporting Authority Act 2008

142

Subsection 14(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

143

At the end of subsection 15(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

144

Subsections 15(2) and (3)

Repeal the subsections.

145

At the end of subsection 15(4)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

146

Subsection 15(5)

Repeal the subsection.

147

Subsection 25(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

148

Subsection 26(1)

Omit “(1)”.

149

At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

150

Subsection 26(2)

Repeal the subsection.

Australian Federal Police Act 1979

151

Subsection 18(1)

Omit “, but a person so appointed shall not continue so to act for more than 12 months”.

152

At the end of subsection 18(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

153

Subsections 18(3), (4) and (5)

Repeal the subsections.

Australian Film, Television and Radio School Act 1973

154

At the end of subsection 31(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

155

Subsections 31(3) to (7)

Repeal the subsections.

Australian Hearing Services Act 1991

1. 156

   Subsections 8(4), (5), (6), (7) and (8) (note)

   Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

157

At the end of subsections 32(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

158

Subsections 32(3) and (4)

Repeal the subsections.

159

Paragraph 48(1)(b)

Omit “office;”, substitute “office.”.

160

Subsection 48(1)

Omit “but a person appointed to act during a vacancy must not continue so to act for more than 12 months.”.

161

At the end of subsection 48(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

162

Subsection 48(4)

Repeal the subsection.

Australian Human Rights Commission Act 1986

163

At the end of subsections 36(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

164

Subsection 36(10)

Repeal the subsection.

165

Subsection 46J(1)

Omit “(1)”.

166

At the end of subsection 46J(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

167

Subsection 46J(2)

Repeal the subsection.

Australian Information Commissioner Act 2010

168

Subsection 14(4) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

169

At the end of subsection 21(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

170

Subsections 21(2) and (4)

Repeal the subsections.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

171

At the end of subsection 18(1)

Add:

Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.

172

At the end of subsections 18(2) and (5)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

173

Subsection 18(7)

Repeal the subsection.

Australian Institute of Health and Welfare Act 1987

174

Subsection 9(1)

Omit “(1)”.

175

Paragraph 9(1)(b)

Omit “office;”, substitute “office.”.

176

Subsection 9(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

177

At the end of subsection 9(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

178

Subsections 9(2) to (7)

Repeal the subsections.

Australian Institute of Marine Science Act 1972

179

Subsection 30(1)

Omit “(1)”.

180

Paragraph 30(1)(b)

Omit “office;”, substitute “office.”.

181

Subsection 30(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

182

At the end of subsection 30(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

183

Subsections 30(2) to (7)

Repeal the subsections.

Australian Law Reform Commission Act 1996

184

At the end of subsections 13(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

185

Subsection 13(4)

Repeal the subsection.

186

Subsection 14(1)

Omit “(1)”.

187

At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

188

Subsection 14(2)

Repeal the subsection.

Australian Maritime Safety Authority Act 1990

189

At the end of subsections 18(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

190

Subsections 18(5) and (6)

Repeal the subsections.

191

Paragraph 54(1)(b)

Omit “office;”, substitute “office.”.

192

Subsection 54(1)

Omit “but a person appointed to act during a vacancy must not continue so to act for more than 12 months.”.

193

At the end of subsection 54(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

194

Subsection 54(4)

Repeal the subsection.

Australian National Maritime Museum Act 1990

1. 195

   Subsection 3(1) (definition of continental shelf)

   Repeal the definition.

196

At the end of subsections 18(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

197

Subsections 18(3) and (4)

Repeal the subsections.

198

Subsection 38(1)

Omit “(1)”.

199

Paragraph 38(1)(b)

Omit “Director;”, substitute “Director.”.

200

Subsection 38(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

201

At the end of subsection 38(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

202

Subsection 38(2)

Repeal the subsection.

Australian National University Act 1991

203

Subsection 37(1)

Omit “(1)”.

204

Paragraph 37(1)(b)

Omit “office;”, substitute “office.”.

205

Subsection 37(1)

Omit “but a person appointed to act during a vacancy may not continue so to act for more than 12 months.”.

206

At the end of subsection 37(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

207

Subsection 37(2)

Repeal the subsection.

Australian Nuclear Science and Technology Organisation Act 1987

208

At the end of subsection 17(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

209

Paragraph 17(2)(b)

Omit “Deputy Chairperson;”, substitute “Deputy Chairperson.”.

210

Subsection 17(2)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

211

At the end of subsection 17(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

212

Subsections 17(3), (4) and (6) to (8)

Repeal the subsections.

213

Paragraph 23(1)(b)

Omit “office;”, substitute “office.”.

214

Subsection 23(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

215

At the end of subsection 23(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

216

Subsections 23(2), (5), (7) and (8)

Repeal the subsections.

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

217

Section 15 (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

218

Subsection 16(1)

Omit “(1)”.

219

At the end of subsection 16(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

220

Subsection 16(2)

Repeal the subsection.

221

Subsection 34(3) (note)

Repeal the note, substitute:

Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

222

At the end of subsection 36(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

223

Subsection 36(3)

Repeal the subsection.

224

At the end of subsection 37(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

225

Subsection 37(3)

Repeal the subsection.

226

Subsection 46(2) (note)

Repeal the note, substitute:

Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Australian Passports Act 2005

227

Subparagraph 53(3)(ca)(i)

Omit “section 22B”, substitute “section 2E”.

Australian Postal Corporation Act 1989

228

At the end of subsections 82(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

229

Subsection 82(3)

Repeal the subsection.

230

Subsection 88(1)

Omit “(1)”.

231

At the end of subsection 88(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

232

Subsection 88(3)

Repeal the subsection.

233

Section 90E (definition of business day)

Repeal the definition.

Australian Prudential Regulation Authority Act 1998

234

At the end of subsections 19(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

235

Subsection 19(5)

Repeal the subsection.

Australian Radiation Protection and Nuclear Safety Act 1998

236

Subsection 53(1)

Omit “(1)”.

237

At the end of subsection 53(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

238

Subsection 53(2)

Repeal the subsection.

Australian Research Council Act 2001

239

Subsection 35(1)

Omit “(1)”.

240

At the end of subsection 35(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

241

Subsection 35(2)

Repeal the subsection.

Australian Security Intelligence Organisation Act 1979

242

Subsection 34G(5) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Australian Sports Anti‑Doping Authority Act 2006

243

Section 24B (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

244

Subsection 24C(1)

Omit “(1)”.

245

At the end of subsection 24C(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

246

Subsection 24C(2)

Repeal the subsection.

247

Subsection 27(1) (note)

Repeal the note, substitute:

Note: An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

248

Section 28 (note)

Repeal the note, substitute:

Note: An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

249

At the end of subsections 29(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

250

Subsection 29(4)

Repeal the subsection.

251

Section 44 (note)

Repeal the note, substitute:

Note: An ADRVP member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

252

At the end of subsections 45(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

253

Subsection 45(3)

Repeal the subsection.

254

Subsection 54(1) (note)

Repeal the note, substitute:

Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

255

Section 55 (note)

Repeal the note, substitute:

Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

256

At the end of subsections 56(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

257

Subsection 56(4)

Repeal the subsection.

258

Section 69 (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

Australian Sports Commission Act 1989

259

Paragraph 20(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

260

Subsection 20(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

261

At the end of subsection 20(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

262

Paragraph 20(2)(b)

Omit “Deputy Chairperson;”, substitute “Deputy Chairperson.”.

263

Subsection 20(2)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

264

At the end of subsection 20(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

265

Paragraph 20(3)(b)

Omit “member;”, substitute “member.”.

266

Subsection 20(3)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

267

At the end of subsection 20(3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

268

Subsection 20(4)

Repeal the subsection.

269

Subsection 39(1)

Omit “(1)”.

270

Paragraph 39(1)(b)

Omit “office;”, substitute “office.”.

271

Subsection 39(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

272

At the end of subsection 39(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

273

Subsection 39(2)

Repeal the subsection.

274

Subsection 54(1)

Omit “and 26”, substitute “, 26 and 39”.

275

Subsection 54(1)

Omit “, 30(1) and 39(1)”, substitute “and 30(1)”.

276

Subsection 54(1)

Omit “subsection 39(1) as that subsection”, substitute “section 39 as that section”.

Australian Trade Commission Act 1985

277

Subsection 56(1)

Omit “(1)”.

278

Subsection 56(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

279

Subsection 56(2)

Repeal the subsection.

Australian War Memorial Act 1980

280

Subsection 26(1)

Omit “(1)”.

281

Paragraph 26(1)(b)

Omit “office;”, substitute “office.”.

282

Subsection 26(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

283

At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

284

Subsections 26(2) to (8)

Repeal the subsections.

Banking Act 1959

285

Subsection 6A(1)

Omit “(1)”.

286

Subsection 6A(1)

Omit “, other than subsection (2),”.

287

Subsection 6A(2)

Repeal the subsection.

288

Subsection 16AG(3) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Bankruptcy Act 1966

289

At the end of subsections 17(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

290

Subsection 17(7)

Repeal the subsection.

291

Section 185 (definition of insolvent under administration)

Repeal the definition.

Bills of Exchange Act 1909

292

Paragraph 19(2)(d)

Repeal the paragraph, substitute:

1. (d)

   The term month in a bill means a period starting at the start of any day of one of the calendar months and ending:

   1. (i)

      immediately before the start of the corresponding day of the next calendar month; or

   2. (ii)

      if there is no such day—at the end of the next calendar month.

Broadcasting Services Act 1992

293

Subsection 6(1) (definition of business day)

Repeal the definition.

294

Subsections 146C(1) and (2) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

295

Subsections 146CA(1) and (2) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

296

Subsection 212B(6) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

297

Subclauses 6(9), (10) and (21) of Schedule 4 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

887

Subsection 665(5) (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

888

Subsection 674(1)

Omit “(1)”.

889

At the end of subsection 674(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

890

Subsection 674(2)

Repeal the subsection.

891

Subsection 750(2) (note)

Repeal the note, substitute:

Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

892

Subsection 778(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Olympic Insignia Protection Act 1987

893

Section 23 (definition of continental shelf)

Repeal the definition.

Ombudsman Act 1976

894

Paragraph 29(1)(b)

Omit “office;”, substitute “office.”.

895

Subsection 29(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

896

At the end of subsection 29(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

897

Paragraph 29(1A)(b)

Omit “Deputy Ombudsman;”, substitute “Deputy Ombudsman.”.

898

Subsection 29(1A)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

899

At the end of subsection 29(1A)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

900

Subsections 29(2), (4), (5), (6), (8) and (9)

Repeal the subsections.

Paid Parental Leave Act 2010

1. 901

   Section 6 (subparagraph (a)(i) of the definition of insolvent)

   Omit “(within the meaning of the Corporations Act 2001)”.

Parliamentary Contributory Superannuation Act 1948

902

Paragraph 4B(4)(ba)

Omit “section 22B”, substitute “section 2E”.

Parliamentary Counsel Act 1970

903

At the end of subsections 15(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

904

Subsection 15(8)

Repeal the subsection.

Patents Act 1990

905

Section 7 (note 1)

Omit “section 25”, substitute “section 2B”.

906

Schedule 1 (definition of Australian continental shelf)

Omit “, within the meaning of the Seas and Submerged Lands Act 1973,”.

907

Schedule 1 (note at the end of the definition of prior art base)

Omit “section 25”, substitute “section 2B”.

Payment Systems and Netting Act 1998

1. 908

   Section 5 (paragraph (b) of the definition of external administration)

   Omit “within the meaning of the Corporations Act 2001”.

Petroleum Resource Rent Tax Assessment Act 1987

909

Subsection 2D(4) (definition of year)

Omit “calendar”.

910

Subsection 36B(5) (note)

Omit “section 17AA”, substitute “section 2B”.

Port Statistics Act 1977

911

Section 3 (definition of document)

Repeal the definition.

Primary Industries and Energy Research and Development Act 1989

912

At the end of subsection 85(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

913

Subsections 85(2) and (3)

Repeal the subsections, substitute:

1. (2)

   The appointment of a person under subsection (1) ceases to have effect if the person resigns the appointment by writing delivered to the Chairperson.

Primary Industries (Excise) Levies Act 1999

914

Subclause 5(6) of Schedule 21

Repeal the subclause.

Privacy Act 1988

1. 915

   Subsection 6C(1) (note at the end of the definition of organisation)

   Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

916

Subsection 6E(1) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

917

Subsection 6E(2) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

918

Subsection 6E(3) (definition of modifications)

Repeal the definition.

Note: The heading to subsection 6E(3) is replaced by the heading “Definition”.

919

Subsection 6F(1) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

920

Subsection 6F(2)

Repeal the subsection.

921

Subsection 7A(5)

Repeal the subsection.

922

Subsection 80G(1) (definition of Australian citizen)

Repeal the definition.

Private Health Insurance Act 2007

923

Subsection 34‑25(3)

Omit “*Australian citizen”, substitute “Australian citizen”.

924

Subparagraph 37‑5(aa)(i)

Omit “*Australian citizen”, substitute “Australian citizen”.

925

Subsection 253‑10(1)

Omit “(1)”.

926

At the end of subsection 253‑10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

927

Subsection 253‑10(2)

Repeal the subsection.

928

Subsection 270‑10(1)

Omit “(1)”.

929

Paragraph 270‑10(1)(b)

Omit “office;”, substitute “office.”.

930

Subsection 270‑10(1)

Omit “but a person appointed to act during a vacancy must not continue to act for more than 12 months.”.

931

At the end of subsection 270‑10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

932

Subsection 270‑10(2)

Repeal the subsection.

933

Clause 1 of Schedule 1 (definition of Australian citizen)

Repeal the definition.

Productivity Commission Act 1998

934

At the end of subsection 32(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

935

At the end of subsections 32(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

936

Subsection 32(4)

Repeal the subsection.

Protection of Movable Cultural Heritage Act 1986

1. 937

   Subsection 3(1) (definition of continental shelf)

   Repeal the definition.

2. 938

   Subsection 3(1) (definition of territorial sea)

   Repeal the definition.

Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008

1. 939

   Section 3 (definition of exclusive economic zone)

   Repeal the definition.

Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006

1. 940

   Section 3 (definition of Australian shipping facility)

   Omit “(within the meaning of the Seas and Submerged Lands Act 1973)”.

Protection of the Sea (Powers of Intervention) Act 1981

1. 941

   Subsection 3(1) (definition of exclusive economic zone)

   Repeal the definition.

2. 942

   Subsection 3(1) (definition of territorial sea)

   Repeal the definition.

3. 943

   Subsection 10(8) (definition of continental shelf)

   Repeal the definition.

Public Lending Right Act 1985

944

Subsection 13(1)

Omit “(1)”.

945

Paragraph 13(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

946

Subsection 13(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

947

At the end of subsection 13(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

948

Subsections 13(2) to (7)

Repeal the subsections.

949

Paragraph 14(1)(b)

Omit “member;”, substitute “member.”.

950

Subsection 14(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

951

At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

952

Subsections 14(2) to (7)

Repeal the subsections.

Public Service Act 1999

953

Subsection 48(1)

Omit “(1)”.

954

At the end of subsection 48(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

955

Subsection 48(2)

Repeal the subsection.

956

Subsection 55(1)

Omit “(1)”.

957

At the end of subsection 55(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

958

Subsection 55(2)

Repeal the subsection.

959

Subsection 62(1)

Omit “(1)”.

960

At the end of subsection 62(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

961

Subsection 62(2)

Repeal the subsection.

962

Subsection 69(1)

Omit “(1)”.

963

At the end of subsection 69(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

964

Subsection 69(2)

Repeal the subsection.

Qantas Sale Act 1992

1. 965

   Subsection 7(7) (definition of Australian citizen)

   Repeal the definition.

Quarantine Act 1908

1. 966

   Subsection 5(1) (definition of Continental Shelf)

   Repeal the definition.

967

Subsection 6(3) (note)

Omit “paragraph 17(a)”, substitute “section 2B”.

Racial Discrimination Act 1975

968

At the end of subsection 36(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

969

Subsection 36(6)

Repeal the subsection.

Radiocommunications Act 1992

970

Subsection 118PD(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

971

Section 118QA (definition of business day)

Repeal the definition.

972

Paragraphs 163(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

Referendum (Machinery Provisions) Act 1984

973

At the end of subsection 5(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

974

Subsections 5(3) to (5)

Repeal the subsections.

975

Subsection 78(2)

Omit “6 o’clock in the afternoon by standard time”, substitute “6 pm”.

Registration of Deaths Abroad Act 1984

976

Subsection 6(1)

Omit “(1)”.

977

Paragraph 6(1)(b)

Omit “office;”, substitute “office.”.

978

Subsection 6(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

979

At the end of subsection 6(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

980

Subsections 6(2) to (7)

Repeal the subsections.

Remuneration Tribunal Act 1973

981

Subsection 3(1) (definition of President)

Omit “subsection 4A(1)”, substitute “section 4A”.

982

Subsection 4A(1)

Omit “(1)”.

983

Paragraph 4A(1)(b)

Omit “office;”, substitute “office.”.

984

Subsection 4A(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

985

At the end of subsection 4A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

986

Subsections 4A(2) to (6)

Repeal the subsections.

Renewable Energy (Electricity) Act 2000

987

Subsection 5(1) (definition of document)

Repeal the definition.

988

At the end of subsection 148(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

989

Subsection 148(2)

Repeal the subsection.

990

Subsection 148(3) (note)

Repeal the note.

Reserve Bank Act 1959

991

Subsection 6A(1)

Omit “(1)”.

992

Subsection 6A(1)

Omit “, other than subsection (2) of this section,”.

993

Subsection 6A(2)

Repeal the subsection.

Retirement Savings Accounts Act 1997

994

Paragraph 20(2)(a)

Omit “section 22B”, substitute “section 2E”.

Rural Adjustment Act 1992

995

At the end of subsections 15(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

996

Subsections 15(3) and (5)

Repeal the subsections.

Safety, Rehabilitation and Compensation Act 1988

997

At the end of subsection 79(1)

Add:

Note: For rules that apply to persons acting as the Chief Executive Officer, see section 33A of the Acts Interpretation Act 1901.

998

Subsection 79(3)

Repeal the subsection.

999

Paragraph 79(4)(b)

Omit “office;”, substitute “office.”.

1000

Subsection 79(4)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

1001

At the end of subsection 79(4)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1002

Subsection 79(5)

Repeal the subsection.

1003

Subsection 89J(1)

Omit “(1)”.

1004

At the end of subsection 89J(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1005

Subsection 89J(2)

Repeal the subsection.

1006

Subsections 89R(2) and (3)

Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.

Safe Work Australia Act 2008

1007

Subsection 11(1) (note)

Repeal the note, substitute:

Note: The Chair may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1008

Subsection 12(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1009

Subsection 12(3)

Repeal the subsection.

1010

Section 13 (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1011

Subsection 14(1) (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1012

Subsection 15(1) (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1013

Subsection 16(1) (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1014

Subsection 17(2) (note)

Repeal the note, substitute:

Note: The voting member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1015

Subsection 50(1) (note)

Repeal the note.

1016

Subsection 50(3) (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1017

Subsection 51(1)

Omit “(1)”.

Note: The heading to subsection 51(1) is deleted.

1018

Subsection 51(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1019

Subsection 51(2)

Repeal the subsection.

Science and Industry Research Act 1949

1020

Subsection 10G(1)

Omit “(1)”.

1021

At the end of subsection 10G(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1022

Subsections 10G(2) to (8)

Repeal the subsections.

Screen Australia Act 2008

1023

At the end of subsection 12(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

1024

Subsections 12(2) and (3)

Repeal the subsections.

1025

At the end of subsections 12(4) and (5)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1026

Subsection 12(6)

Repeal the subsection.

1027

Subsection 23(1)

Omit “(1)”.

1028

At the end of subsection 23(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1029

Subsection 23(2)

Repeal the subsection.

Seafarers Rehabilitation and Compensation Act 1992

1030

Subsection 113(1)

Omit “(1)”.

1031

At the end of subsection 113(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1032

Subsection 113(2)

Repeal the subsection.

1033

Subsection 125(5)

Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.

Sex Discrimination Act 1984

1034

Subsection 4(1) (definition of document)

Repeal the definition.

1035

Subsection 103(1)

Omit “(1)”.

1036

At the end of subsection 103(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1037

Subsection 103(7)

Repeal the subsection.

Shipping Registration Act 1981

1038

Subsection 51(1)

Omit “(1)”.

1039

Paragraph 51(1)(b)

Omit “office;”, substitute “office.”.

1040

Subsection 51(1)

Omit “and may at any time terminate such an appointment.”.

1041

At the end of subsection 51(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1042

Subsections 51(2) to (5)

Repeal the subsections.

1043

Subsection 83(4)

Repeal the subsection.

Skills Australia Act 2008

1044

Section 10 (note)

Repeal the note, substitute:

Note: The member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1045

At the end of subsection 11(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1046

Subsection 11(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1047

Subsection 11(3)

Repeal the subsection.

1048

Subsection 25(3) (note)

Repeal the note, substitute:

Note: A member of a committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Small Superannuation Accounts Act 1995

1. 1049

   Section 4 (paragraph (a) of the definition of spouse)

   Omit “section 22B”, substitute “section 2E”.

Snowy Hydro Corporatisation Act 1997

1050

Subsection 52(3)

Repeal the subsection.

Social Security Act 1991

1051

Subparagraph 4(2)(aa)(i)

Omit “section 22B”, substitute “section 2E”.

1052

Subsection 10B(2) (definition of insolvent under administration)

Repeal the definition.

1053

Paragraph 24(1A)(a)

Omit “section 22B”, substitute “section 2E”.

1054

Subparagraphs 1067C(1)(aa)(i) and (2)(aa)(i)

Omit “section 22B”, substitute “section 2E”.

Social Security (Administration) Act 1999

1. 1055

   At the end of subclauses 6(1) and (2) of Schedule 3

   Add:

   Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

2. 1056

   At the end of subclauses 7(1) and (2) of Schedule 3

   Add:

   Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1057

Subclause 9(1) of Schedule 3

Omit “(1)”.

1058

Subclause 9(2) of Schedule 3

Repeal the subclause.

Spam Act 2003

1. 1059

   Section 4 (note at the end of the definition of organisation)

   Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

Special Broadcasting Service Act 1991

1060

At the end of subsection 24(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

1061

At the end of subsections 24(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1062

Subsection 24(6)

Repeal the subsection.

1063

Paragraph 33(1)(b)

Omit “office;”, substitute “office.”.

1064

Subsection 33(1)

Omit “but a person appointed to act during a vacancy must not continue so to act for more than 12 months.”.

1065

At the end of subsection 33(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1066

Subsection 33(4)

Repeal the subsection.

Special Prosecutors Act 1982

1067

Subsection 16(1)

Omit “(1)”.

1068

At the end of subsection 16(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1069

Subsections 16(2) to (5)

Repeal the subsections.

Student Assistance Act 1973

1070

Subsection 343(1) (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

1071

Subsection 344(1) (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

1072

Subsection 345(1) (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

Submarine Cables and Pipelines Protection Act 1963

1. 1073

   Subsection 5(2) (definition of exclusive economic zone)

   Repeal the definition.

Superannuation Act 1976

1074

Paragraph 8A(4)(ba)

Omit “section 22B”, substitute “section 2E”.

1075

Subsection 24(1)

Omit “(1)”.

1076

Paragraph 24(1)(b)

Omit “Commissioner;”, substitute “Commissioner.”.

1077

Subsection 24(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

1078

At the end of subsection 24(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1079

Subsections 24(2) to (7)

Repeal the subsections.

1080

Subsection 27Q(4)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

1081

Subsection 27Q(5)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Superannuation Act 1990

1082

Subsection 28A(3)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

1083

Subsection 28A(4)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Superannuation Act 2005

1. 1084

   Subsection 4(1) (definition of modifications)

   Repeal the definition.

1085

Subsection 28(5)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

1086

Subsection 28(6)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Superannuation (Government Co‑contribution for Low Income Earners) Act 2003

1. 1087

   Subsection 54(3) (paragraph (a) of the definition of spouse)

1. Omit “section 22B”, substitute “section 2E”.

Superannuation Guarantee (Administration) Act 1992

1. 1088

   Subsection 5(5) (definition of modifications)

   Repeal the definition.

1089

Subsection 6(1) (definition of month)

Repeal the definition.

1090

Subsection 27(2)

Omit “month”, substitute “calendar month”.

Superannuation Industry (Supervision) Act 1993

1. 1091

   Subsection 10(1) (definition of business day)

   Repeal the definition.

2. 1092

   Subsection 10(1) (paragraph (a) of the definition of spouse)

   Omit “section 22B”, substitute “section 2E”.

1093

Subsection 15B(3)

Repeal the subsection.

1094

Paragraph 129(3)(c) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1095

Subsection 129(3AA)

Repeal the subsection.

Superannuation (Resolution of Complaints) Act 1993

1. 1096

   Subsection 4B(4) (definition of modifications)

   Repeal the definition.

2. 1097

   At the end of subsections 54(1), (1A), (2) and (2A)

   Add:

   Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1098

Subsection 54(3)

Repeal the subsection.

Surveillance Devices Act 2004

1. 1099

   Subsection 41(1) (definition of contiguous zone)

   Repeal the definition.

2. 1100

   Subsection 41(1) (definition of territorial sea)

   Repeal the definition.

3. 1101

   Subsection 44(1) (subparagraph (d)(iii) of the definition of protected information)

   Omit “(within the meaning of section 41)”.

Sydney Harbour Federation Trust Act 2001

1102

Subsection 14(1)

Omit “(1)”.

1103

At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1104

Subsection 14(2)

Repeal the subsection.

1105

At the end of subsections 42(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1106

Subsection 42(3)

Repeal the subsection.

Tax Agent Services Act 2009

1107

Section 60‑30 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

1108

After section 80‑1

Insert:

80‑2What does not form part of this Act

Tables of Subdivisions and tables of sections do not form part of this Act.

Taxation Administration Act 1953

1109

At the end of subsections 6B(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1110

Subsections 6B(3) to (5) and (8) to (10)

Repeal the subsections.

1111

Subsection 850‑100(5) in Schedule 1 (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Tax Laws Amendment (2009 Measures No. 6) Act 2010

1112

Item 26 of Schedule 2 (heading)

Omit “section 8”, substitute “section 7”.

1113

Item 26 of Schedule 2

Omit “section 8”, substitute “section 7”.

Telecommunications Act 1997

1. 1114

   Subsection 11(5) (definition of continental shelf)

   Repeal the definition.

1115

Subsection 87(4) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1116

Subsection 95(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1117

Subsection 96(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1118

Paragraph 377(1)(a)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1119

Paragraphs 378(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1120

Paragraph 381(1)(a)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1121

Paragraphs 382(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1122

Paragraph 385(1)(a)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1123

Paragraphs 386(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1124

Paragraphs 405(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1125

Paragraphs 422(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1126

Subsection 531C(1) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1127

Section 531M (note 1)

Omit “section 17AA”, substitute “section 2B”.

1128

Subsection 531N(4) (note)

Omit “section 17AA”, substitute “section 2B”.

1129

Clause 31 of Schedule 1 (definition of business day)

Repeal the definition.

1130

Clause 2 of Schedule 3 (definition of business day)

Repeal the definition.

1131

Subclause 6(3) of Schedule 3 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1132

Subclause 27(8) of Schedule 3 (note)

Omit “section 46”, substitute “subsection 33(3AB)”.

1133

Subclauses 44(4) and (5) of Schedule 3 (note)

Omit “section 46 of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1134

Subclause 46(1) of Schedule 3 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1135

Subclause 2(1) of Schedule 3A (definition of continental shelf)

Repeal the definition.

1136

Subclause 2(1) of Schedule 3A (definition of exclusive economic zone)

Repeal the definition.

Telecommunications (Consumer Protection and Service Standards) Act 1999

1137

Subsection 158V(1)

Omit “(1)”.

1138

At the end of subsection 158V(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1139

Subsection 158V(2)

Repeal the subsection.

Telecommunications (Interception and Access) Act 1979

1140

Subsection 203(1) (note 2)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Telecommunications (Numbering Charges) Act 1997

1141

Subsection 15(2) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

1142

Subsection 22(3) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute “subsection 13(3) of the Legislative Instruments Act 2003”.

Terrorism Insurance Act 2003

1. 1143

   Section 3 (note at the end of the definition of Australia)

   Omit “paragraph 17(a) of the Acts Interpretation Act 1901 (which”, substitute “section 2B of the Acts Interpretation Act 1901 (which provides that in any Act Australia”.

1144

Subsection 14(1)

Omit “(1)”.

1145

At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1146

Subsection 14(2)

Repeal the subsection.

1147

At the end of subsections 27(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1148

Subsection 27(3)

Repeal the subsection.

Textile, Clothing and Footwear Investment and Innovation Programs Act 1999

1149

Section 4 (definition of business day)

Repeal the definition.

Therapeutic Goods Act 1989

1150

Subparagraph 10(2)(a)(vii)

Omit “the Standards Australia International Limited”, substitute “Standards Australia”.

1151

Subsection 32CB(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1152

Subsection 32CD(1) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1153

Subsection 38(2B) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1154

Subsection 40B(4) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1155

Paragraph 41CC(2)(a)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

1156

Paragraph 41DD(2)(a)

Omit “Standards Australia International Limited”, substitute “Standards Australia”.

Tourism Australia Act 2004

1157

Subsection 16(1) (note)

Repeal the note, substitute:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

1158

At the end of subsections 16(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1159

Subsection 16(4)

Repeal the subsection.

1160

Subsection 47(1)

Omit “(1)”.

1161

Subsection 47(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1162

Subsection 47(2)

Repeal the subsection.

Trade Marks Act 1995

1163

Section 6A (note)

Repeal the note, substitute:

Note: For example, a period of 3 months from an event on 30 September ends on 30 December under this rule.

1164

Subsection 215(7) (note)

Omit “Section 28A”, substitute “Subsection 28A(1)”.

Transport Safety Investigation Act 2003

1165

Subsection 13A(2) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

1166

At the end of subsection 13AH(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1167

Subsection 13AH(3)

Repeal the subsection.

1168

Subsection 63B(3) (note)

Omit “section 17AA”, substitute “section 2B”.

1169

Subsection 63C(2) (note)

Omit “section 17AA”, substitute “section 2B”.

Veterans’ Entitlements Act 1986

1170

Subparagraph 5E(2)(aa)(i)

Omit “section 22B”, substitute “section 2E”.

War Graves Act 1980

1171

Subsection 10(1)

Omit “(1)”.

1172

Paragraph 10(1)(b)

Omit “office;”, substitute “office.”.

1173

Subsection 10(1)

Omit “but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.”.

1174

At the end of subsection 10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1175

Subsections 10(2) to (7)

Repeal the subsections.

Water Act 2007

1176

Subsection 178(1) (note)

Repeal the note, substitute:

Note: An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1177

Subsection 179(2) (note)

Repeal the note, substitute:

Note: An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1178

At the end of subsections 180(1A), (1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1179

Subsection 180(5)

Repeal the subsection.

1180

Subsection 201A(1) (note)

Repeal the note, substitute:

Note: The Chair of the Basin Officials Committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1181

At the end of subsection 201B(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1182

Subsection 201B(5)

Repeal the subsection.

1183

Subsection 204(1) (note)

Repeal the note, substitute:

Note: An appointee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Wheat Export Marketing Act 2008

1184

Section 5 (definition of business day)

Repeal the definition.

1185

Subsection 32(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1186

Subsection 41(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

1187

Section 42 (note)

Repeal the note, substitute:

Note: A WEA member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1188

At the end of subsection 43(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1189

Subsection 43(3)

Repeal the subsection.

1190

Subsection 57(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Wine Australia Corporation Act 1980

1191

Subsection 29J(1)

Omit “(1)”.

1192

Paragraph 29J(1)(b)

Omit “Presiding Member;”, substitute “Presiding Member.”.

1193

Subsection 29J(1)

Omit “but a person appointed to act during a vacancy shall not continue to act for more than 12 months.”.

1194

At the end of subsection 29J(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1195

Subsections 29J(2) to (8)

Repeal the subsections.

1196

Subclause 3(1) of the Schedule

Omit “(1)”.

1197

At the end of subclause 3(1) of the Schedule

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1198

Subclause 3(2) of the Schedule

Repeal the subclause.

Schedule 3Application, saving and transitional provisions

1

Application—general

Subject to this Schedule, the amendments and repeals made by Schedule 1 apply, on and after the commencement of Schedule 1, in relation to Acts enacted before, on or after that commencement.

2

Transitional—Gazette

The reference to the Commonwealth of Australia Gazette in the definition of Gazette in section 2B of the Acts Interpretation Act 1901 includes a reference to the Australian Government Gazette published during the period commencing on 1 July 1973 and ending immediately before 1 July 1977.

3

Application and saving—commencement

(1) The amendments made by items 8 and 10 of Schedule 1 apply in relation to Acts receiving the Royal Assent on or after the commencement of those items.

(2) The amendment made by item 9 of Schedule 1 does not affect the validity of the exercise of a power, or the validity of anything done, in accordance with section 4 of the Acts Interpretation Act 1901 before the commencement of that item.

4

Application—effect of repeal or amendment of Act

The amendment made by item 13 of Schedule 1 applies to repeals, amendments, expiries, lapses, cessations, abrogations, limitations and exclusions occurring on or after the commencement of that item.

5

Application—Acts applying in coastal sea

The amendment made by item 25 of Schedule 1 applies in relation to Acts enacted before, on or after the commencement of that item.

6

Saving—Ministerial authorisations

Despite the repeal of section 18C of the Acts Interpretation Act 1901 made by Schedule 1, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an authorisation in effect under that section immediately before that repeal.

7

Saving—registered relationships

Despite the amendment made by item 48 of Schedule 1, regulations in force for the purposes of section 22B of the Acts Interpretation Act 1901 immediately before the commencement of that item continue in effect, after that commencement, as if they had been made for the purposes of section 2E of that Act, as in force after that commencement.

8

Application—delegations

The amendment made by item 89 of Schedule 1 applies in relation to alterations or additions that are made on or after the commencement of that item (regardless of whether the delegation referred to in paragraph 34AB(2)(a) or (3)(a) of the Acts Interpretation Act 1901, as inserted by this Act, is made before, on or after that commencement).

9

Saving—previous interpretation preserved

The amendments made by items 63, 65, 67, 69, 70, 71, 72, 80, 82, 84, 85, 87, 88, 90, 104, 111, 113, 114 and 115 of Schedule 1 do not affect by implication the interpretation of:

1. (a)

   subsection 33(1), (2), (3), (3A) or (3B) or 46(1) or (3) or section 34AA, 34AB or 34A of the Acts Interpretation Act 1901; or

2. (b)

   subsection 13(1) or (3) of the Legislative Instruments Act 2003;

at a time before the commencement of those items.

10

Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11

Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

[Minister’s second reading speech made in—

House of Representatives on 12 May 2011

Senate on 14 June 2011]

(79/11)