Acts Interpretation (Substituted References Section 19BA) Order 2004 (Cth)

Acts Interpretation (Substituted References—Section 19BA) Order 2004

made under the

Acts Interpretation Act 1901

Compilation No. 6

Compilation date:   1 December 2015

Includes amendments up to:           Acts Interpretation (Substituted References—Section 19BA) Order 2004 (SLI No. 206, 2015)

Registered:22 December 2015

About this compilation

This compilation

This is a compilation of the Acts Interpretation (Substituted References—Section 19BA) Order 2004 that shows the text of the law as amended and in force on 1 December 2015 (the compilation date).

This compilation was prepared on 7 December 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Order.............................................................................................................. 1

2............ Definition...................................................................................................................... 1

3............ References to Ministers................................................................................................. 1

4............ References to Departments............................................................................................ 1

5............ References to Secretaries............................................................................................... 1

Schedule 1—References to Ministers  2

Part 1—Substitutions made on 18 November 2004  2

Part 2—Substitutions made on 18 December 2007  4

Part 3—Substitution made on 21 May 2010  5

Part 4—Substitutions made on 16 October 2010  6

Part 5—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)  7

Schedule 2—References to Departments  8

Part 1—Substitutions made on 18 November 2004  8

Part 2—Substitutions made on 6 March 2008  10

Part 3—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)  11

Schedule 3—References to Secretaries  13

Part 1—Substitutions made on 18 November 2004  13

Endnotes15

Endnote 1—About the endnotes  15

Endnote 2—Abbreviation key  16

Endnote 3—Legislation history  17

Endnote 4—Amendment history  18

1  Name of Order

This Order is the Acts Interpretation (Substituted References—Section 19BA) Order 2004.

2  Definition

In this Order:

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

3  References to Ministers

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

4  References to Departments

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

5  References to Secretaries

A provision mentioned in column 4 of an item in a Part of Schedule 3, that mentions the Secretary mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, 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, before the commencement of this Order, by other substituted references under other orders made under section 19B or 19BA of the Acts Interpretation Act 1901; and

(b)    may be affected, after the commencement of this Order:

(i) by an order made under section 19BB of the Acts Interpretation Act 1901 revoking a part of this Order; or

(ii) by other substituted references under other orders made under section 19BA of the Acts Interpretation Act 1901.

Schedule 1—References to Ministers

(section 3)

Part 1—Substitutions made on 18 November 2004

Item	Existing reference	Substitute reference	Affected provisions
1	Minister for Agriculture, Fisheries and Forestry; or Minister for Fisheries, Forestry and Conservation	Minister for Industry, Tourism and Resources; or Minister for Small Business and Tourism	provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act
2	Minister for Family and Community Services; or Minister for Children and Youth Affairs	Minister for Employment and Workplace Relations; or Minister for Workforce Participation	provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services) provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed)
3	Minister for Family and Community Services; or Minister for Children and Youth Affairs	Minister for Education, Science and Training; or Minister for Vocational and Technical Education	provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students)
4	Minister for Family and Community Services; or Minister for Children and Youth Affairs	Minister for Human Services	provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act
5	Minister for Health and Ageing; or Minister for Ageing	Minister for Human Services	provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions) provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act

Part 2—Substitutions made on 18 December 2007

Item	Existing reference	Substitute reference	Affected provisions
1	Attorney‑General	Cabinet Secretary	subsections 68 (1) and 70 (1) and (2) of the Privacy Act 1988

Part 3—Substitution made on 21 May 2010

Item	Existing reference	Substitute reference	Affected provisions
1	Attorney‑General	Minister for Finance and Deregulation	provisions of the Judges’ Pensions Act 1968 and any instruments made under that Act

Part 4—Substitutions made on 16 October 2010

Item	Existing reference	Substitute reference	Affected provisions
1	Cabinet Secretary	Minister for Privacy and Freedom of Information	provisions of the Privacy Act 1988 and any instruments made under that Act

Part 5—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)

Substitutions made on commencement of the Acts Interpretation (Substituted) References—Section 19BA) Amendment Order 2015 (No. 1)
Item	Existing reference	Substitute reference	Affected provisions
1	Attorney‑General	Minister for Communications	provisions of the Copyright Act 1968 (except subsection 183(6) of that Act) and instruments made under that Act
2	Attorney‑General of the Commonwealth	Minister for Communications	subsection 183(6) of the Copyright Act 1968
3	Attorney‑General	Minister for Communications	subsections 9(1) and (6) of the Public Lending Right Act 1985
4	Treasurer	Minister for the Environment	paragraph (a) of the definition of responsible Ministers in section 4 of the Clean Energy Finance Corporation Act 2012

Schedule 2—References to Departments

(section 4)

Part 1—Substitutions made on 18 November 2004

Item	Existing reference	Substitute reference	Affected provisions
1	Department of Agriculture, Fisheries and Forestry	Department of Industry, Tourism and Resources	provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act
2	Department of Family and Community Services	Department of Employment and Workplace Relations	provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services) provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed)
3	Department of Family and Community Services	Department of Education, Science and Training	provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students)
4	Department of Family and Community Services	Department of Human Services	provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act
5	Department of Health and Ageing	Department of Human Services	provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions) provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act

Part 2—Substitutions made on 6 March 2008

Item	Existing reference	Substitute reference	Affected provisions
1	Department of Families, Housing, Community Services and Indigenous Affairs	Department of Education, Employment and Workplace Relations	clauses 1 and 19 of Schedule 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000
2	Department of Education, Science and Training	Department of Education, Employment and Workplace Relations; or Department of Innovation, Industry, Science and Research	provisions of instruments made under section 238‑10 of the Higher Education Support Act 2003

Part 3—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)

Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)
Item	Existing reference	Substitute reference	Affected provisions
1	Australian Government Attorney‑General’s Department	Department of Communications and the Arts	provisions of: (a) the Guidelines for the Classification of Films 2012; and (b) the Guidelines for the Classification of Computer Games 2012
2	Commonwealth Attorney‑General’s Department	Department of Communications and the Arts	the following provisions: (a) definition of Department in section 4 of the Classification (Publications, Films and Computer Games) (Conditional Cultural Exemption Rules) Instrument 2015; (b) definition of Branch in section 3 of the Classification (Publications, Films and Computer Games) (Approval of Classification Tools) Guidelines 2014; (c) definition of Branch in section 4 of the Classification (Publications, Films and Computer Games) (Global Rating Tool) Approval 2014
3	Attorney‑General’s Department	Department of Communications and the Arts	paragraph 9(1)(e) of the Public Lending Right Act 1985
4	Department of Industry	Department of Education and Training	definition of Australian Apprenticeships Access Programme in section 4 of the Student Assistance (Education Institutions and Courses) Determination 2009
5	Department of Social Services	Department of Social Services; or Department of Education and Training	definition of Department in section 5 of the Family Assistance (Public Interest Certificate Guidelines) Determination 2015

Schedule 3—References to Secretaries

(section 5)

Part 1—Substitutions made on 18 November 2004

Item	Existing reference	Substitute reference	Affected provisions
1	Secretary of the Department of Agriculture, Fisheries and Forestry	Secretary of the Department of Industry, Tourism and Resources	provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act
2	Secretary of the Department of Family and Community Services	Secretary of the Department of Employment and Workplace Relations	provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services) provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed)
3	Secretary of the Department of Family and Community Services	Secretary of the Department of Education, Science and Training	provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students)
4	Secretary of the Department of Family and Community Services	Secretary of the Department of Human Services	provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act
5	Secretary of the Department of Health and Ageing	Secretary of the Department of Human Services	provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions) provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

A = Act	o = order(s)
ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)	Reg = Regulation/Regulations
exp = expires/expired or ceases/ceased to have	reloc = relocated
effect	renum = renumbered
F = Federal Register of Legislative Instruments	rep = repealed
gaz = gazette	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)/subsection(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
(md) = misdescribed amendment can be given	Sdiv = Subdivision(s)
effect	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
commenced or to be commenced

Endnote 3—Legislation history

Name	FRLI registration or gazettal	Commencement	Application, saving and transitional provisions
Acts Interpretation (Substituted References—Section 19BA) Order 2004	1 Dec 2004 (gaz 2004, No GN48)	18 Nov 2004
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2007 (No. 1)	18 Dec 2007 (F2007L04773)	18 Dec 2007 (s 2)	—
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2008 (No. 1)	6 Mar 2008 (F2008L00660)	6 Mar 2008 (s 2)	—
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2010 (No. 1)	21 May 2010 (F2010L01322)	21 May 2010 (s 2)	—
Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2010 (No. 2)	15 Oct 2010 (F2010L02694)	16 Oct 2010 (s 2)	—
Acts Interpretation (Miscellaneous Amendments) Instrument 2011 (No. 1) (SLI No. 227, 2011)	16 Dec 2011 (F2011L02708)	27 Dec 2011 (s 2)	—
Acts Interpretation (Substituted References—Section 19BA) Order 2004 (SLI No. 206, 2015)	30 Nov 2015 (F2015L01891)	1 Dec 2015 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Note to s. 1.......................	rep. 2011 No. 227
Schedule 1
Part 1
Heading to Part 1...............	rs. 2007 No. 1
Part 2
Heading to Part 2...............	rs. 2010 No. 1
Part 2................................	ad. 2007 No. 1
Part 3
Heading to Part 3...............	rs. 2010 No. 2
Part 3................................	ad. 2010 No. 1
Part 4
Part 4 heading...................	rs No 206, 2015
Part 4................................	ad. 2010 No. 2
Part 5
Part 5................................	ad No 206, 2015
Schedule 2
Part 1
Heading to Part 1...............	rs. 2008 No. 1
Part 2
Heading to Part 2...............	rs. 2010 No. 1
Part 2................................	ad. 2008 No. 1
Part 3
Part 3................................	ad No 206, 2015
Schedule 3
Part 1
Heading to Part 1...............	rs. 2010 No. 2