Statute Law Revision Act 2005 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Statute Law Revision Act 2005 .
(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.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 1 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 2 | Immediately after the commencement of Subdivision 57B of the | 1 October 1997 |
Schedule 1, item 3 | Immediately after the commencement of clause 1 of Schedule 1 to the | 1 October 1997 |
Schedule 1, item 4 | Immediately after the commencement of Schedule 1 to the | 8 October 2003 |
Schedule 1, items 5 to 10 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 11 | Immediately after the commencement of items 1 to 5 of Schedule 3 to the | 16 August 2004 |
Schedule 1, item 12 | Immediately after the commencement of item 1 of Schedule 1 to the | 1 January 2003 |
Schedule 1, item 13 | Immediately after the commencement of paragraph 11(6)(a) of the | 15 March 2000 |
Schedule 1, items 14 to 20 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 21 | Immediately after the commencement of item 12 of Schedule 2 to the | 1 August 2000 |
Schedule 1, item 22 | Immediately after the commencement of item 208 of Schedule 2 to the | 24 May 2001 |
Schedule 1, item 23 | Immediately after the commencement of section 113 of the | 3 February 1992 |
Schedule 1, item 24 | Immediately after the commencement of section 166 of the | 3 February 1992 |
Schedule 1, item 25 | Immediately after the commencement of item 6 of Schedule 2 to the | 20 August 2004 |
Schedule 1, item 26 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 27 | After the commencement of both Schedule 1 to the | 1 July 2002 |
Schedule 1, items 28 and 29 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 30 | Immediately after the commencement of the | 1 June 1995 |
Schedule 1, items 31 to 37 | Immediately after the commencement of the | 24 May 2001 |
Schedule 1, item 38 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, item 39 | Immediately after the commencement of section 8 of the | 16 January 2003 |
Schedule 1, items 40 to 83 | The day on which this Act receives the Royal Assent. | 6 July 2005 |
Schedule 1, items 84 and 85 | Immediately after the commencement of item 1 of Schedule 1 to the | 27 November 2003 |
Schedule 2, items 1 and 2 | Immediately after the time specified in the | 1 October 1997 |
Schedule 2, item 3 | Immediately after the time specified in the | 8 October 2003 |
Schedule 2, items 4 to 6 | Immediately after the time specified in the | 1 January 1998 |
Schedule 2, item 7 | Immediately after the time specified in the | 22 December 2004 |
Schedule 2, item 8 | Immediately after the time specified in the | 1 July 2003 |
Schedule 2, item 9 | Immediately after the time specified in the | 1 December 2004 |
Schedule 2, items 10 and 11 | Immediately after the time specified in the | 31 October 2002 |
Schedule 2, item 12 | Immediately after the time specified in the | 28 November 2003 |
Schedule 2, item 13 | Immediately after the time specified in the | 11 March 2002 |
Schedule 2, items 14 and 15 | Immediately after the time specified in the | 11 March 2002 |
Schedule 2, item 16 | Immediately after the time specified in the | 11 March 2002 |
Schedule 2, items 17 and 18 | Immediately after the time specified in the | 20 August 2004 |
Schedule 2, item 19 | Immediately after the time specified in the | 1 July 2002 |
Schedule 2, item 20 | Immediately after the time specified in the | 18 June 1997 |
Schedule 2, item 21 | Immediately after the time specified in the | 30 May 2000 |
Schedule 2, item 22 | Immediately after the time specified in the | 1 July 2004 |
Schedule 2, item 23 | Immediately after the time specified in the | 20 September 1996 |
Schedule 2, item 24 | Immediately after the time specified in the | 20 September 2000 |
Schedule 2, item 25 | Immediately after the time specified in the | 13 November 2000 |
Schedule 2, item 26 | Immediately after the time specified in the | 20 March 1997 |
Schedule 2, item 27 | Immediately after the time specified in the | 23 December 1996 |
Schedule 2, item 28 | Immediately after the time specified in the | 1 July 1998 |
Schedule 2, item 29 | Immediately after the time specified in the | 1 July 1998 |
Schedule 2, items 30 and 31 | Immediately after the time specified in the | 1 July 1999 |
Schedule 2, item 32 | Immediately after the time specified in the | 6 September 2002 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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.
Renumber as paragraph (zb).
Repeal the heading, substitute:
3 Clause 1 of Schedule 1 (definition of relinquish ) Omit “means:*”, substitute “means:”.
4 After the second subsection in section 20 of the Schedule Insert:
Note: This item inserts a section heading that was overlooked in prior amendment of the Principal Act.
Omit “or or” (wherever occurring), substitute “or”.
6 Paragraph 7(ha) of Schedule 3 (the paragraph (ha) inserted by item 30 of Schedule 2 to the Veterans’ Entitlements (Clarke Review) Act 2004 ) Renumber as paragraph (haa).
Omit “sporting sporting”, substitute “sporting”.
8 Subsection 15XA(1) (subparagraph (b)(ii) of the definition of State or Territory participating agency ) Repeal the subparagraph, substitute:
(ii) the Crime and Misconduct Commission of Queensland;
Note: This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.
9 Subsection 15XA(1) (subparagraph (b)(iii) of the definition of State or Territory participating agency ) Repeal the subparagraph.
Note: This item removes a reference to a body that no longer exists.
10 Subsection 15XA(1) (subparagraph (c)(ii) of the definition of State or Territory participating agency ) Repeal the subparagraph.
Note: This item removes a reference to a body that no longer exists.
Omit “paragraph (1)(b)”, substitute “paragraph (2A)(b)”.
Note: This item fixes an incorrect cross‑reference.
12 Subparagraph 400.2(2)(b)(ii) of the Criminal Code Omit “paragraph 51(xx)”, substitute “paragraph 51(v)”.
Note: This item fixes an incorrect cross‑reference.
Omit “document.”, substitute “document;”.
Note: This item corrects the punctuation at the end of the paragraph.
Omit “Evidence Act 1994”, substitute “
Evidence Act 1995 ”.
Omit “
Crimes ”, substitute “Crime ”.
Repeal the paragraphs, substitute:
(b) the Corruption and Crime Commission of Western Australia.
Note: This item removes references to bodies that no longer exist and substitutes a reference to the body that succeeded them.
Repeal the paragraphs.
Note: This item removes references to bodies that no longer exist.
Repeal the paragraphs.
Note: This item removes references to members of, or employees of, bodies that no longer exist.
Repeal the paragraphs, substitute:
(x) the Commissioner of the Corruption and Crime Commission of Western Australia; and
(y) a member of the staff of the Corruption and Crime Commission of Western Australia; and
Note: This item removes references to members of, or employees of, bodies that no longer exist and substitutes references to members and employees of the body that succeeded those bodies.
Repeal the paragraph.
Omit “holder of a fishing concession”, substitute “holder of a fishing concession,”.
22
Subdivision D of Division 6 of Part 6 (heading) Repeal the heading.
Omit “Commonweath”, substitute “Commonwealth”.
Omit “menioned”, substitute “mentioned”.
Omit “AMFA”, substitute “AFMA”.
Omit “imposd”, substitute “imposed”.
Repeal the subsection, substitute:
(1) Where:
(aa) it appears to APRA that a body corporate that is a general insurer or authorised NOHC:
(i) is, or is likely to become, unable to meet its liabilities; or
(ii) has contravened or failed to comply with a provision of this Act or the
Financial Sector (Collection of Data) Act 2001 or a condition or direction applicable to it under this Act or that Act; or(ab) it appears to APRA that there is, or there may be, a risk to the security of a general insurer’s or authorised NOHC’s assets; or
(a) it appears to APRA that there is, or there may be, a sudden deterioration in a general insurer’s or authorised NOHC’s financial condition; or
(b) the Treasurer agrees, in writing, to the giving of a notice under this subsection;
APRA may, by notice in writing served on the body corporate, require it to show cause within such period after service of the notice, being not less than 14 days, as APRA specifies in the notice, why APRA should not:
(c) investigate the whole or any part of the business of the body corporate; or
(d) appoint a person to make such an investigation and report to APRA the results of his or her investigation.
Note: This amendment restates a provision of the Principal Act to incorporate the substance of two amendments of that provision that start on the same day and that interact. The amendments were made by item 36 of Schedule 1 to the
General Insurance Reform Act 2001 and item 29 of Schedule 2 to theFinancial Sector (Collection of Data—Consequential and Transitional Provisions) Act 2001 .
Arrange the definitions in their appropriate alphabetical positions, determined on a letter‑by‑letter basis.
29 Section 230E (the section 230E inserted by item 2 of Schedule 1 to the Taxation Laws Amendment (Structured Settlements and Structured Orders) Act 2002 ) Renumber as section 203E.
Repeal the subparagraph.
Note 1: This item removes a subparagraph made redundant by the repeal of Part 10 of the
Native Title Act 1993 .Note 2: The heading to subsection 32(5) is altered by omitting “
expected ” and substituting “expedited ”.
Omit “this Division”, substitute “this Part”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
Omit “this Division”, substitute “this Part”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
Omit “Division 2 of”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
Omit “that Division”, substitute “that Part”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
Omit “Division 2 of”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
Omit “Division 2 of”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
Omit “that Division”, substitute “that Part”.
Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.
38 Subsection 6(1) (paragraph (l) of the definition of enforcement body ) Repeal the paragraph, substitute:
(l) the Crime and Misconduct Commission of Queensland; or
Note: This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.
39 Subsection 8(1) (paragraph (a) of the definition of excess ART embryo ) After “technology” (second occurring), insert “treatment”.
Note: This item corrects a misstatement of a defined expression.
Repeal the paragraph.
Note: This item repeals a paragraph made redundant by amendment of the
Student and Youth Assistance Act 1973.
41
Subsection 23(1) (definition of activity test breach ) Repeal the definition, substitute:
activity test breach means a failure, misconduct or any other act to which any of the following provisions, as in force on or after the commencement of this definition, apply, namely section 550A or 576A, subsection 624(1), 625(1) or 626(1), section 628 or 629, subsection 630(1), 630AA(1), 740(1), 741(1) or 742(1), section 743 or 744 or subsection 745(1) or 754A(1).Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
42
Subsection 23(1) (definition of activity test breach rate reduction period ) Repeal the definition, substitute:
activity test breach rate reduction period means a period that applies under section 557, 582, 644AA or 748.Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
43
Subsection 23(1) (definition of activity test non‑payment period ) Repeal the definition, substitute:
activity test non‑payment period means a period worked out under section 550, 576, 630A or 745B.Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
44
Subsection 23(1) (definition of administrative breach rate reduction period ) Repeal the definition, substitute:
administrative breach rate reduction period means a period that applies under section 558, 583 or 644B.Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
45
Subsection 23(1) (definition of educational institution ) Omit “
and Youth ”.Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
46
Subsection 23(1) (paragraph (l) of the definition of newly arrived resident’s waiting period ) Repeal the paragraph.
Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
47
Subsection 23(1) (paragraph (ba) of the definition of ordinary waiting period ) Repeal the paragraph.
Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
48
Subsection 23(1) (definition of student assistance benefit decision ) Repeal the definition.
Note: This item repeals a definition made redundant by amendment of the
Student and Youth Assistance Act 1973.
49
Subsection 23(1) (paragraphs (fc) and (fe) of the definition of waiting period ) Repeal the paragraphs.
Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
50
Subsection 23(1) (definition of Youth Training Activity Agreement ) Repeal the definition.
Note: This item repeals a definition made redundant by amendment of the
Student and Youth Assistance Act 1973.
51
Subsection 23(1) (definition of youth training allowance ) Omit “
and Youth ”.
Repeal the subparagraph, substitute:
(ii) section 595 of this Act (disregard a period of employment);
Note: This item amends a subparagraph to reflect amendment of the
Student and Youth Assistance Act 1973.
53
Subsection 542F(3) (definition of approved full‑time unpaid voluntary work ) Repeal the definition, substitute:
approved full‑time unpaid voluntary work means work that has been approved by the Secretary for the purposes of this section.Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
54
Subsection 542F(3) (definition of approved organisation ) Repeal the definition, substitute:
approved organisation means an organisation that has been approved by the Secretary for the purposes of this section.Note: This item amends a definition to reflect amendment of the
Student and Youth Assistance Act 1973.
Omit “
and Youth ”.
Omit “or”.
Repeal the paragraph.
Note: This item repeals a paragraph made redundant by amendment of the
Student and Youth Assistance Act 1973.
Repeal the paragraph, substitute:
(a) the person has been subject to a newly arrived resident’s waiting period; and
Note: This item amends a paragraph to reflect amendment of the
Student and Youth Assistance Act 1973.
Repeal the paragraphs, substitute:
(a) the person would, if the person had made a claim under this Act for a social security payment other than youth allowance, have been subject to a newly arrived resident’s waiting period, and that period would have ended; or
(b) the person has had a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or
Note: This item amends the paragraphs to reflect amendment of the
Student and Youth Assistance Act 1973.
Repeal the note.
Relocate the section to the end of Subdivision AA of Division 9 of Part 2.12.
Omit “
and Youth ”.
Omit “
and Youth Assistance Act 1973 ”, substitute “Assistance Act 1973 as in force before 1 July 1998”.
64 Subsection 2(1) (paragraph (dad) of the definition of head ) Repeal the paragraph, substitute:
(dad) in the case of the Crime and Misconduct Commission—the Chairperson of that Commission;
Note: This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.
65 Subsection 2(1) (paragraph (daf) of the definition of head ) Repeal the paragraph.
Note: This item removes a reference to a body that no longer exists.
66 Subsection 5(1) (definition of Anti‑Corruption Commission ) Repeal the definition.
Note: This item repeals the definition of a body that no longer exists.
67 Subsection 5(1) (definition of Anti‑Corruption Commission Act ) Repeal the definition.
Note: This item repeals a redundant definition.
68 Subsection 5(1) (paragraph (h) of the definition of certifying officer ) Repeal the paragraph.
Note: This item removes references to members of, or employees of, a body that no longer exists.
69 Subsection 5(1) (paragraphs (i) and (j) of the definition of chief officer ) Repeal the paragraphs.
Note: This item removes references to members of, or constituting, bodies that no longer exist.
70 Subsection 5(1) (paragraph (d) of the definition of eligible authority ) Omit “the Anti‑Corruption Commission, the Royal Commission into Police Corruption,”.
Note: This item removes references to bodies that no longer exist.
71 Subsection 5(1) (definition of member of the Anti‑Corruption Commission ) Repeal the definition.
Note: This item repeals a redundant definition.
72 Subsection 5(1) (definition of member of the staff of the Anti‑Corruption Commission ) Repeal the definition.
Note: This item repeals a redundant definition.
73 Subsection 5(1) (paragraphs (i) and (j) of the definition of officer ) Repeal the paragraphs.
Note: This item removes references to members of, or employees of, bodies that no longer exist.
74 Subsection 5(1) (paragraph (f) of the definition of permitted purpose ) Repeal the paragraph.
Note: This item removes a reference to purposes in respect of a body that no longer exists.
75 Subsection 5(1) (paragraphs (g) and (h) of the definition of prescribed investigation ) Repeal the paragraphs.
Note: This item removes references to investigations by bodies that no longer exist.
76 Subsection 5(1) (paragraphs (i) and (j) of the definition of relevant offence ) Repeal the paragraphs.
Note: This item is consequential on item 75 of this Schedule.
77 Subsection 5(1) (definition of Royal Commission into Police Corruption ) Repeal the definition.
Note: This item repeals a redundant definition.
Repeal the paragraph.
Note: This item removes a reference to proceedings conducted by a body that no longer exists.
Repeal the subparagraphs.
Note: This item is consequential on item 75 of this Schedule.
Omit “the Anti‑Corruption Commission, the Royal Commission into Police Corruption,”.
Note: This item removes references to bodies that no longer exist.
Repeal the paragraph.
Note: This item removes a reference to proceedings conducted by a body that no longer exists.
Repeal the paragraphs.
Note: This item removes references to information obtained by bodies that no longer exist.
83 Subclause 10(2A) of Schedule 5 (the subclause (2A) inserted by item 85 of Schedule 6 to the Veterans’ Affairs Legislation Amendment Act (No. 1) 2002 ) Renumber as subclause (2B).
Omit “first period of employment”, substitute “
first period of employment ”.
Omit “second period of employment”, substitute “
second period of employment ”.
Omit “
Paragraphs 1207(1)(c) and (d) ”, substitute “Paragraph 1207(1)(c) ”.
Insert:
Omit “or Part 3.12B (residential care allowance)”.
Note: Items 1 and 2 correct an item that did not accurately represent a phrase from the
Social Security Act 1991 .
After “
Division 2 ”, insert “of Part 2 ”.Note: This item makes clear the location of an amendment of the Principal Act.
Repeal the item.
Note: This item repeals an item that amends a provision that does not exist.
Omit “
(6), 25(3) and (4) ”, substitute “(6) ”.Note: This item corrects an item that amends a provision that does not exist.
Omit “
paragraphs 31(1)(b) and 32(2)(b) and (c) ”, substitute “paragraph 31(1)(b) ”.Note: This item corrects an item that amends a provision that does not exist.
Omit “
Part 1D ”, substitute “Part ID ”.
Omit “member of staff” (wherever occurring), substitute “member of the staff”.
Omit “
, (d) ”.
Omit “Schedule 2” (first occurring), substitute “Schedule 1”.
Omit “Schedule 2” (first occurring), substitute “Schedule 1”.
Repeal the heading, substitute:
Omit “
170(3) ”, substitute “170(3B) ”.
Omit “her or she”, substitute “he or she”.
Omit “
12HB(1)(a) ”, substitute “12HB(1)(b) ”.
Omit “the other person”, substitute “the third person”.
After “owner or”, insert “the”.
Note: This item corrects an item that did not accurately represent a phrase from the
Fisheries Management Act 1991 .
Omit “, and”, substitute “and”.
After “the whole or”, insert “a”.
Repeal the item, substitute:
After “other than” (first occurring), insert “an eligible hearing service provider or”.
Note: This item remakes an amending item so that the location of an amendment becomes certain.
After “items in “, insert “Parts 1, 2 and 4 of”.
Omit “1069‑D9”, substitute “1068‑D9”.
Omit “allowance or”, substitute “allowance,”.
Omit “
(a) ”, substitute “(b) ”.
Omit “
3.16A ”, substitute “3.16B ”.
Omit “
period ”, substitute “provision ”.Note: This item corrects an item that incorrectly identifies a definition that is to be repealed.
Omit “24”, substitute “21”.
Omit “
(h) ”, substitute “(g) ”.
Before “youth”, insert “a”.
Omit “
Notes 1(b) and (c) ”, substitute “Note 1(b) ”.
Insert:
14A
Section XI of Schedule 3 (Additional Note 1(c)) Omit “Standards Association of Australia”, substitute “Standards Australia International Limited”.
Note: Items 30 and 31 split one amendment in a previous Statute Law Revision Act into 2 amendments because slightly different wording was required for each.
After “
note ”, insert “1 ”.Note: This item fixes an incorrect cross‑reference.
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