Acts Interpretation (Substituted References) Amendment Order 2001 (No. 1)

Overview

The Acts Interpretation (Substituted References) Amendment Order 2001 (No. 1) was enacted to address the need for updating references to certain Ministers, Departments, and Secretaries within various Acts and legislative instruments to reflect changes in governmental structures and responsibilities. This Order was made under the authority of subsections 19B(1), (2), and (3) of the Acts Interpretation Act 1901, by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective of this legislative instrument is to ensure that references within legislation remain current and accurate, facilitating easier interpretation and application of the law. By substituting outdated references with current ones, the Order aims to enhance the clarity and functionality of existing legislation, ensuring it aligns with the current administrative framework of the Commonwealth.

Scope and Application

The Acts Interpretation (Substituted References) Amendment Order 2001 (No. 1) applies to provisions in Acts and instruments under Acts of the Commonwealth of Australia, making specific amendments to references to certain Ministers, Departments, and Secretaries. This legislative instrument operates to update references to reflect changes in ministerial responsibilities and departmental structures within the Australian government. The Order amends the Acts Interpretation (Substituted References) Order 1997 by substituting references to certain Ministers and Departments to their current equivalents, ensuring that statutory references remain accurate and effective. This amendment is intended to maintain the clarity and precision of legislative language in the face of organisational changes within the Commonwealth. The Order applies nationally across the Commonwealth and is effective from the date of its commencement.

Key Provisions

The Acts Interpretation (Substituted References) Amendment Order 2001 (No. 1) amends the Acts Interpretation (Substituted References) Order 1997 by substituting references to certain Ministers, Departments, and Secretaries within provisions of Acts and instruments (sections 3, 4, and 5). This Order effectively updates references to reflect changes in government roles and responsibilities. The primary effect is to ensure that legal references within Acts and instruments are current and accurate. For example, it substitutes the 'Minister for Aboriginal and Torres Strait Islander Affairs' with the 'Minister for Reconciliation and Aboriginal and Torres Strait Islander Affairs' and updates references to the 'Minister for Employment, Workplace Relations and Small Business' to include the 'Minister for Small Business' (Schedule 1, Part 5, item 2). The Order imposes obligations on legal drafters and users of Acts and instruments to ensure that references are updated in line with the changes specified in the Order. This includes reviewing existing legal documents and making necessary amendments to reflect the updated references. The obligation extends to ensuring that any future references in newly drafted legislation or instruments adhere to the substitutions outlined in this Order (sections 3, 4, and 5). There are no explicit offences, penalties, or civil/criminal consequences stated in the Order for non-compliance with the substituted references. However, failure to update references in accordance with this Order could lead to ambiguity or misinterpretation of legal provisions, potentially causing legal disputes or administrative errors. The reliance on accurate and up-to-date references is crucial for the proper administration of laws and the enforcement of legal rights and obligations.