Acts Interpretation (Substituted References) Order 1998 (Cth)

Acts Interpretation (Substituted References) Order 1998

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following order under subsections 19B (1), (2) and (3) of the Acts Interpretation Act 1901.

Signed and sealed with the

Great Seal of Australia

on 12 November 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General

Acts Interpretation (Substituted References) Order 1998¹

made under the

Acts Interpretation Act 1901

Contents

Page

1     Name of order  

2     Commencement  

3     Definition  

4     References to Ministers  

5     References to Departments  

6     References to Secretaries  

Schedule 1       References to Ministers  

Schedule 2       References to Departments  

Schedule 3       References to Secretaries  

1. Name of order

This order is the Acts Interpretation (Substituted References) Order 1998.

1. Commencement

This order commences on 12 November 1998. 

1. Definition

In this order:

provision means a provision in an Act or in an instrument under an Act. 

1. References to Ministers

A provision mentioned in column 4 of an item in Schedule 1, that mentions the Minister, or Ministers, mentioned in column 2 of the item, has effect as if there were substituted a reference to the Minister, or Ministers, mentioned in column 3 of the item.

1. References to Departments

A provision mentioned in column 4 of an item in Schedule 2, that mentions the Department mentioned in column 2 of the item, has effect as if there were substituted a reference to the Department mentioned in column 3 of the item.

1. References to Secretaries

A provision mentioned in column 4 of an item in Schedule 3, that mentions the Secretary mentioned in column 2 of the item, has effect as if there were substituted a reference to the Secretary mentioned in column 3 of the item.

Note   A provision mentioned in a Schedule to this order:

(a) may have been affected by other substituted references under other orders made, under section 19B or 19BA of the Acts Interpretation Act 1901, before the commencement of this order; and

(b) may, after the commencement of this order, be affected by other substituted references under other orders made under section 19B or 19BA of the Acts Interpretation Act 1901.

Schedule 1        References to Ministers

(section 4)

Item	Existing reference	Substitute reference	Affected provisions
1	Minister for Primary Industries and Energy or Minister for Resources and Energy	Minister for Industry, Science and Resources or Minister for Sport and Tourism	Sections 3 and 3A of the Excise Tariff Act 1921 and Section 165A of the Excise Act 1901 and Regulation 11 of the Customs (Prohibited Exports) Regulations
2	Minister for Primary Industries and Energy or Minister for Resources and Energy	Minister for Agriculture, Fisheries and Forestry or Minister for Forestry and Conservation	All provisions except those mentioned in item 1
3	Minister for Justice	Attorney-General or Minister for Justice and Customs	All provisions
4	Minister for Customs and Consumer Affairs	Attorney-General or Minister for Justice and Customs	All provisions
5	Minister for Communications, the Information Economy and the Arts	Minister for the Environment and Heritage	Section 159UB of the Income Tax Assessment Act 1936
6	Minister for Communications, the Information Economy and the Arts	Minister for Communications, Information Technology and the Arts or Minister for the Arts and the Centenary of Federation	All provisions except the provision mentioned in item 5
7	Minister for Employment, Education, Training and Youth Affairs or Minister for Schools, Vocational Education and Training	Minister for Employment, Workplace Relations and Small Business or Minister for Employment Services	Section 55 of the Construction Industry Reform and Development Act 1992
8	Minister for Employment, Education, Training and Youth Affairs	Minister for Employment, Workplace Relations and Small Business or Minister for Employment Services or Minister for Education, Training and Youth Affairs	Provisions of the Migration Act 1958 and Provisions of the Migration Regulations
9	Minister for Employment, Education, Training and Youth Affairs or Minister for Schools, Vocational Education and Training	Minister for Education, Training and Youth Affairs	All provisions except those mentioned in items 7 and 8
10	Minister for Workplace Relations and Small Business	Minister for Employment, Workplace Relations and Small Business or Minister for Employment Services	All provisions
11	Minister for the Environment	Minister for the Environment and Heritage	All provisions
12	Minister for Defence Industry, Science and Personnel	Minister for Defence or Minister for Veterans’ Affairs	All provisions
13	Minister for Social Security	Minister for Family and Community Services or Minister for Community Services	All provisions
14	Minister for Health and Family Services or Minister for Family Services	Minister for Health and Aged Care or Minister for Aged Care	All provisions
15	Minister for Industry, Science and Tourism	Minister for Communications, Information Technology and the Arts or Minister for the Arts and the Centenary of Federation	Clause 3 of Schedule 1 to the Telecommunications Act 1997 and Subsection 15 (4) of the Telecommunications (Carrier Licence Charges) Act 1997 and Subsection 4 (1) of the Television Broadcasting Services  (Digital Conversion) Act 1998
16	Minister for Industry, Science and Tourism	Attorney-General or Minister for Justice and Customs	Section 6 of the Consular Privileges and Immunities Act 1972 and Section 8 of the Diplomatic Privileges and Immunities Act 1967 and Provisions of the Narcotic Drugs Act 1967
17	Minister for Industry, Science and Tourism	Treasurer	Section 7 of the Consular Privileges and Immunities Act 1972 and Section 9 of the Diplomatic Privileges and Immunities Act 1967
18	Minister for Industry, Science and Tourism	Attorney-General or Minister for Justice and Customs or Treasurer	Section 12A of the Consular Privileges and Immunities Act 1972 and Section 14A of the Diplomatic Privileges and Immunities Act 1967
19	Minister for Industry, Science and Tourism	Minister for Industry, Science and Resources or Minister for Sport and Tourism	All provisions except those mentioned in items 15, 16, 17 and 18
20	Minister for Transport and Regional Development or Minister for Regional Development, Territories and Local Government	Minister for Transport and Regional Services or Minister for Regional Services, Territories and Local Government	All provisions

Schedule 2        References to Departments

(section 5)

Item	Existing reference	Substitute reference	Affected provisions
1	Department of Primary Industries and Energy	Department of Industry, Science and Resources	Section 18 of the Petroleum Resource Rent Tax Assessment Act 1987 and Provisions of the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations
2	Department of Primary Industries and Energy	Department of Agriculture, Fisheries and Forestry	All provisions except those mentioned in item 1
3	Department of Communications and the Arts	Department of Communications, Information Technology and the Arts	All provisions
4	Department of Employment, Education, Training and Youth Affairs	Department of Employment, Workplace Relations and Small Business	Provisions of the Social Security Act 1991 and Regulation 12CB of the Family Law Regulations 1984  only to the extent that they relate to employment and Sections 160 and 164 of the Employment Services Act 1994 and Provisions of the National Health Regulations
5	Department of Employment, Education, Training and Youth Affairs	Department of Education, Training and Youth Affairs	All provisions except those of the Social Security Act 1991, regulation 12CB of the Family Law Regulations 1984, sections 160 and 164 of the Employment Services Act 1994 and the provisions of the National Health Regulations and Provisions of the Social Security Act 1991 and regulation 12CB of the Family Law Regulations 1984  only to the extent that they relate to education, training and youth affairs
6	Department of Workplace Relations and Small Business	Department of Transport and Regional Services	Provisions of the Stevedoring Industry Levy Collection Regulations and Provisions of the Stevedoring Levy (Collection) Regulations 1998
7	Department of Workplace Relations and Small Business	Department of Employment, Workplace Relations and Small Business	Provisions of the Migration Act 1958 and Provisions of the Migration Regulations
8	Department of Workplace Relations and Small Business	Department of Employment, Workplace Relations and Small Business	All provisions except those mentioned in items 6 and 7
9	Department of the Environment	Department of the Environment and Heritage	All provisions
10	Department of Social Security	Department of Family and Community Services	All provisions
11	Department of Health and Family Services	Department of Health and Aged Care	All provisions
12	Department of Industry, Science and Tourism	Attorney-General’s Department	All provisions
13	Department of Transport and Regional Development	Department of Transport and Regional Services	All provisions

Schedule 3        References to Secretaries

(section 6)

Item	Existing reference	Substitute reference	Affected provisions
1	Secretary to the Department of Primary Industries and Energy	Secretary to the Department of Agriculture, Fisheries and Forestry	All provisions
2	Secretary to the Department of Communications and the Arts	Secretary to the Department of the Environment and Heritage	Section 159UB of the Income Tax Assessment Act 1936
3	Secretary to the Department of Communications and the Arts	Secretary to the Department of Communications, Information Technology and the Arts	All provisions
4	Secretary to the Department of Employment, Education, Training and Youth Affairs	Secretary to the Department of Employment, Workplace Relations and Small Business	Section 16 of the Income Tax Assessment Act 1936 only to the extent that it relates to employment
5	Secretary to the Department of Employment, Education, Training and Youth Affairs	Secretary to the Department of Education, Training and Youth Affairs	All provisions except section 16 of the Income Tax Assessment Act 1936 and Section 16 of the Income Tax Assessment Act 1936 only to the extent that it relates to education, training and youth affairs
6	Secretary to the Department of Workplace Relations and Small Business	Secretary to the Department of Employment, Workplace Relations and Small Business	All provisions
7	Secretary to the Department of the Environment	Secretary to the Department of the Environment and Heritage	All provisions
8	Secretary to the Department of Social Security	Secretary to the Department of Family and Community Services	All provisions
9	Secretary to the Department of Health and Family Services	Secretary to the Department of Health and Aged Care	All provisions
10	Secretary to the Department of Industry, Science and Tourism	Secretary to the Department of Industry, Science and Resources	All provisions
11	Secretary to the Department of Transport and Regional Development	Secretary to the Department of Transport and Regional Services	All provisions

Note

1.       Made by the Governor-General on 12 November 1998.