Acts Interpretation (Substituted References) Amendment (No. 1) Order 1997

Overview

The Acts Interpretation (Substituted References) Amendment (No. 1) Order 1997 was enacted to amend the Acts Interpretation (Substituted References) Order 1997, facilitating the substitution of references to certain ministers, departments, and secretaries within specified legislative instruments. This Order was made by the Governor-General of the Commonwealth of Australia, William Patrick Deane, acting with the advice of the Federal Executive Council under the authority of the Acts Interpretation Act 1901. The Order aims to streamline and modernise references to reflect changes in government departments, ministerial portfolios, and administrative titles to ensure the continued accuracy and clarity of legislative provisions.

Scope and Application

The Acts Interpretation (Substituted References) Amendment (No. 1) Order 1997, made under the authority of the Acts Interpretation Act 1901, amends the Acts Interpretation (Substituted References) Order 1997 to update references to various ministerial positions, departments, and secretaries to reflect recent changes in governmental structure and nomenclature. This legislative instrument applies to all provisions of Commonwealth Acts that contain references to the specified ministers, departments, and secretaries, ensuring that references are current and accurate. The Order is designed to facilitate the ongoing administration and interpretation of Commonwealth legislation by updating references that may have become obsolete due to changes in ministerial portfolios or departmental names. The Order itself does not create new substantive rights or obligations but serves to maintain the integrity and clarity of legal references across multiple Acts. There are no stated exclusions or exemptions within the Order, and it extends its application to all affected provisions of relevant Acts as specified in the Schedules. The Order may be further extended or restricted through subordinate instruments, which would be made under the authority of the Acts Interpretation Act 1901.

Key Provisions

The Acts Interpretation (Substituted References) Amendment (No. 1) Order 1997 is an amendment to the Acts Interpretation (Substituted References) Order 1997, which itself is an amendment to the Acts Interpretation Act 1901. The main operative sections of the Order are sections 1.2, 1.3, 1.4, 1.5, 1.6 and 1.7, which amend the existing references in the Schedules of the Order to reflect changes in Ministerial titles, Department names, and Secretary titles (sections 1.3, 1.4, 1.5, 1.6 and 1.7). The Order also includes a Schedule that details the specific substitutions made on or after 6 August 1997, relating to Ministerial titles, Department names, and Secretary titles (Schedule 1, 2 and 3). The primary obligation imposed by this Order is on those drafting or referencing legislation to ensure that the correct Ministerial titles, Department names, and Secretary titles are used, as per the substitutions set out in the amended Schedules. This is important to ensure that the correct individuals and departments are referred to in legislation, and that the legislation is properly administered and enforced. The Order also requires that any references to provisions affected by the substitutions made in the Order be updated accordingly. There are no offences, penalties, or civil/criminal consequences for breach of this Order, as it is a legislative instrument rather than a piece of legislation that imposes criminal or civil penalties. However, failure to comply with the substitutions set out in the Order could result in confusion or errors in the administration and enforcement of legislation, which could have serious consequences for individuals or entities affected by the legislation. It is therefore important that those drafting or referencing legislation ensure that they are using the correct Ministerial titles, Department names, and Secretary titles, as set out in the amended Schedules of the Order.