Statute Law Revision (Spring 2016) Act 2016 (Cth)

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Statute Law Revision (Spring 2016) Act 2016

No. 67, 2016

An Act to make various technical amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes

Contents

Statute Law Revision (Spring 2016) Act 2016

No. 67, 2016

An Act to make various technical amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes

[Assented to 20 October 2016]

The Parliament of Australia enacts:

1Short title

This Act is the Statute Law Revision (Spring 2016) Act 2016.

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

Provisions

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.

20 October 2016

2.

Schedule 1

The 28th day after this Act receives the Royal Assent.

17 November 2016

3.

Schedule 2, item 1

Immediately after the time specified in the Australian Radiation Protection and Nuclear Safety Amendment Act 2015 for the commencement of that Act.

8 October 2015

4.

Schedule 2, item 2

Immediately after the time specified in the Indirect Tax Laws Amendment (Assessment) Act 2012 for the commencement of Part 1 of Schedule 1 to that Act.

1 July 2012

5.

Schedule 2, item 3

Immediately after the time specified in the Migration Amendment (Temporary Sponsored Visas) Act 2013 for the commencement of section 2 of that Act.

29 June 2013

6.

Schedule 2, item 4

Immediately after the time specified in the Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 for the commencement of Schedule 2 to that Act.

17 December 2010

7.

Schedules 3 to 5

The 28th day after this Act receives the Royal Assent.

17 November 2016

Note: This table relates only to the provisions of this Act as originally enacted.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.

3Schedules

Legislation 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 1—Amendments of principal Acts

Part 1General amendments

Aviation Transport Security Act 2004

1

Subsection 3(4)

Omit “Convention on International Aviation (also known as the Chicago Convention)”, substitute “Convention on International Civil Aviation (also known as the Chicago Convention)”.

Note: This item fixes an incorrect citation of the name of an agreement.

Bankruptcy Act 1966

  1. 2

    Subparagraphs 205A(4)(a)(ii) and(b)(ii) and (6)(a)(ii) and (b)(ii)

    Omit “the the”, substitute “the”.

Note: This item omits a redundant word.

Biosecurity Act 2015

3

Subsection 177(2) (note 2)

Omit “paragraph 592(4)(e)”, substitute “paragraph 592(4)(b)”.

Note: This item fixes an incorrect cross‑reference.

4

Subsection 273(1) (note 2)

Omit “paragraph 592(4)(e)”, substitute “paragraph 592(4)(b)”.

Note: This item fixes an incorrect cross‑reference.

5

Subsection 278(1) (note)

Omit “paragraph 592(4)(e)”, substitute “paragraph 592(4)(b)”.

Note: This item fixes an incorrect cross‑reference.

6

Subsection 280(1) (note)

Omit “paragraph 592(4)(e)”, substitute “paragraph 592(4)(b)”.

Note: This item fixes an incorrect cross‑reference.

7

Subsection 434(1) (note 2)

Omit “paragraph 592(4)(e)”, substitute “paragraph 592(4)(b)”.

Note: This item fixes an incorrect cross‑reference.

8

Subsection 523(1) (cell at table item 19, column headed “Provision”)

Repeal the cell, substitute:

Subsection 221(3)

Note: This item fixes an incorrect cross‑reference.

9

Paragraph 641(3)(c)

Omit “partner”, substitute “member”.

Note: This item fixes a reference to an incorrect concept.

Child Support (Registration and Collection) Act 1988

10

After the heading to Division 1 of Part VIII

Insert:

103ZBSimplified outline of this Part

Note: This item inserts a missing section number and heading.

Civil Aviation Act 1988

11

Paragraph 26(2)(a)

Omit “subsection 14(1) of the Air Navigation Act 1920”, substitute “section 14 of the Air Navigation Act 1920”.

Note: This item fixes an incorrect cross‑reference.

12

Subsection 32AHO(4)

Repeal the subsection.

Note: This item repeals a redundant subsection.

Classification (Publications, Films and Computer Games) Act 1995

  1. 13

    Section 86 (the section 86 inserted by item 9 of Schedule 7 to the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014)

    Renumber as section 85A and relocate it to before the section 86 inserted by item 23 of Schedule 6 to the Classification (Publications, Films and Computer Games) Amendment (Classification Tools and Other Measures) Act 2014.

    Note: This item renumbers a section and relocates it to its appropriate position.

Crimes Act 1914

14

Paragraph 3ZM(7)(b)

Omit “admissable”, substitute “admissible”.

Note: This item fixes a spelling error.

15

Subsection 22(6)

Omit “a Australian travel document”, substitute “an Australian travel document”.

Note: This item fixes a grammatical error.

Customs Act 1901

16

Paragraph 203D(2)(c)

Omit “the the”, substitute “the”.

Note: This item omits a redundant word.

17

Subsections 227F(5) and (7)

Omit “a item”, substitute “an item”.

Note: This item fixes grammatical errors.

Excise Act 1901

18

Subsection 100(1)

Omit “is guilty of”, substitute “has committed the offence of”.

Note: This item changes a phrase, for consistency with current drafting practice.

19

Paragraphs 100(1)(a) and (b)

Omit “Unlawfully”, substitute “unlawfully”.

Note: This item fixes typographical errors.

20

Paragraph 100(1)(c)

Omit “Being”, substitute “being”.

Note: This item fixes a typographical error.

21

Section 103

Omit “(1) Commit”, substitute “(a) commit”.

Note: This item fixes a numbering error and a typographical error.

22

Section 103

Omit “(or)”, substitute “or”.

Note: This item fixes a typographical error.

23

Section 103

Omit “(2) Admit”, substitute “(b) admit”.

Note: This item fixes a numbering error and a typographical error.

24

Paragraph 104(1)(a)

Omit “The”, substitute “the”.

Note: This item fixes a typographical error.

25

Paragraph 104(1)(b)

Omit “Before”, substitute “before”.

Note: This item fixes a typographical error.

26

Paragraph 104(1)(c)

Omit “The”, substitute “the”.

Note: This item fixes a typographical error.

Fair Work Act 2009

  1. 27

    Subsection 539(2) (table item 38, column 3, paragraph (b))

    Omit “Federal Magistrates Court”, substitute “Federal Circuit Court”.

    Note: This item fixes a misstatement of a title of a court.

Family Law Act 1975

28

Subparagraph 90M(1)(a)(i)

Omit “the parties to a marriage or either or them”, substitute “the parties to a marriage or either of them”.

Note: This item fixes a typographical error.

International Arbitration Act 1974

29

Article 7(4) of Schedule 2

Omit “telexor”, substitute “telex or”.

Note: This item fixes a typographical error.

Migration Act 1958

  1. 30

    Subsection 5(1) (definition of Regulatory Powers Act)

    Omit “Regulatory Powers (Standard Provisions) Act 2013”, substitute “Regulatory Powers (Standard Provisions) Act 2014”.

    Note: This item fixes an incorrect citation of a short title of an Act.

31

Section 267 (heading)

Repeal the heading, substitute:

267Secretary or Australian Border Force Commissioner may freeze amounts to secure future debts

Note: This item fixes an incomplete amendment.

32

Paragraph 336E(2)(f)

Omit “Authority,,”, substitute “Authority,”.

Note: This item omits a redundant comma.

Remuneration and Allowances Act 1990

33

Subsection 3(4)

Omit “overriden”, substitute “overridden”.

Note: This item fixes a spelling error.

Part 2Amendments of listed provisions

My Health Records Act 2012

34

Amendments of listed provisions

The provisions of the My Health Records Act 2012 listed in the following table are amended as set out in the table.

Amendments relating to the term My Health Records Rules

Item

Provision

Omit

Substitute

1

Section 5 (paragraph (b) of the definition of this Act)

Record

Records

2

Paragraph 6(6)(b)

Record

Records

3

Paragraph 7(3)(b)

Record

Records

4

Paragraph 15(b)

Record (first occurring)

Records

5

Paragraph 15(l)

Record (second occurring)

Records

6

Paragraph 41(1)(c)

Record

Records

7

Subsection 41(2)

Record (second occurring)

Records

8

Paragraph 43(b)

Record

Records

9

Subsection 44(2)

Record (second occurring)

Records

10

Subparagraph 45(b)(ii)

Health Record

Health Records

11

Paragraph 48(a)

Record

Records

12

Subsection 49(2)

Record (second occurring)

Records

13

Paragraph 51(2)(b)

Record

Records

14

Paragraph 51(2)(c)

Record (second occurring)

Records

15

Subsections 55(1) and (2)

Record

Records

16

Subsection 55(3)

Record

Records

17

Paragraph 57(b)

Record

Records

18

Subparagraph 61(1)(b)(ii)

Record (wherever occurring)

Records

19

Subparagraph 62(b)(ii)

Record (wherever occurring)

Records

20

Section 78

Record

Records

21

Subsection 109(1)

Record

Records

22

Subsection 109(1)

Record

Records

23

Subsection 109(3)

Record (first occurring)

Records

24

Subsections 109(4A) and (5)

Record

Records

25

Subsection 109(6)

Record (first occurring)

Records

26

Subsections 109(7) and (7A)

Record

Records

27

Subsection 109(8)

Record (first occurring)

Records

28

Subsection 109(8)

Record (third occurring)

Records

29

Subsection 112(2)

Record

Records

Schedule 2Amendments of amending Acts

Australian Radiation Protection and Nuclear Safety Amendment Act 2015

1

Item 28 of Schedule 1 (heading)

Repeal the heading, substitute:

28

Paragraph 42(2)(b)

Repeal the paragraph, substitute:

Note: This item fixes a misdescribed amendment.

Indirect Tax Laws Amendment (Assessment) Act 2012

2

Item 160 of Schedule 1 (heading)

Repeal the heading, substitute:

160

Paragraph 71C(7)(b)

Note: This item fixes a misdescribed amendment.

Migration Amendment (Temporary Sponsored Visas) Act 2013

  1. 3

    Subsection 2(1) (table item 6, column 2, paragraph (b))

    Omit “Regulatory Powers (Standard Provisions) Act 2013”, substitute “Regulatory Powers (Standard Provisions) Act 2014”.

    Note: This item fixes an incorrect citation of a short title of an Act in the commencement provision of an amending Act.

Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010

4

Item 55 of Schedule 2

Omit “Section”, substitute “section”.

Note: This item fixes a misdescribed amendment.

Schedule 3References to specific Ministers and DepartmentsPart 1Amendments

Public Lending Right Act 1985

1

Paragraph 9(1)(e)

Omit “Attorney‑General’s Department”, substitute “Department administered by the Minister administering the Copyright Act 1968”.

2

Paragraph 9(1)(e)

Omit “the Attorney‑General”, substitute “that Minister”.

3

Subsection 9(6)

Omit “Attorney‑General”, substitute “the Minister administering the Copyright Act 1968”.

Part 2Transitional, saving and application provisions
  1. 4

    Transitional—amendments do not affect things done

    Things done under amended provisions

    (1) Subitem (2) applies to a thing done under a provision of an Act if:

    1. (a)

      the provision is amended by an item of this Schedule; and

    2. (b)

      the thing was in force immediately before the commencement of that item.

    (2) The thing has effect, after the commencement of that item, as if it had been done under that provision as amended by that item. However, this is not taken to change the time at which the thing was actually done.

    Amendments do not affect requirements for things done

    (3) Subitem (4) applies to a thing done under an Act if:

    1. (a)

      the thing was in force, and complied with a requirement of that Act, immediately before the commencement of an item of this Schedule; and

    2. (b)

      immediately after the commencement of that item, the thing fails to comply with that requirement solely because of the amendments of that Act made by that item.

    (4) Disregard those amendments when considering, on and after the commencement of that item, whether the thing complies with that requirement.

    Meaning of things done

(5) In this item, doing a thing includes:

  1. (a)

    making an instrument; and

  2. (b)

    making a decision.

5

Instrument may deal with transitional etc. matters

(1) The Minister responsible for administering an Act amended by this Schedule may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals of that Act made by this Schedule.

(2) To avoid doubt, the rules may not do the following:

  1. (a)

    create an offence or civil penalty;

  2. (b)

    provide powers of:

    1. (i)

      arrest or detention; or

    2. (ii)

      entry, search or seizure;

  3. (c)

    impose a tax;

  4. (d)

    set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act or an Act amended by this Schedule;

  5. (e)

    directly amend the text of this Act or an Act amended by this Schedule.

(3) This Schedule (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

Schedule 4Repeals of spent and obsolete provisions

International Labour Organisation (Compliance with Conventions) Act 1992

1

Parts 3 and 4

Repeal the Parts.

National Health Act 1953

  1. 2

    Subsection 84(1) (definition of drug is in Part A of F2)

    Repeal the definition.

  2. 3

    Subsection 84(1) (definition of drug is in Part T of F2)

    Repeal the definition.

4

Sections 84AD and 85AC

Repeal the sections.

Schedule 5—Repeals of amending Acts

Forestry Marketing and Research and Development Services (Transitional and Consequential Provisions) Act 2007

1

The whole of the Act

Repeal the Act.

2

Continuing operation of certain provisions

The repeal of an Act by this Schedule does not affect the continuing operation of any provision of the Act made or expressed to be made for an application, saving or transitional purpose (or that makes provision consequential or related to such a provision).

[Minister’s second reading speech made in—

House of Representatives on 1 September 2016

Senate on 15 September 2016]

(82/16)

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