Acts Interpretation (Substituted References) Amendment Order 2001 (No. 2)

Overview

The Acts Interpretation (Substituted References) Amendment Order 2001 (No. 2) is an amendment to the Acts Interpretation Act 1901, which was introduced to address the need for updating references to various government departments and ministers following organisational restructuring and changes in ministerial portfolios. This legislative instrument was made by PETER JOHN HOLLINGWORTH, the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The primary objective of this Order is to ensure that statutory references remain accurate and relevant in light of administrative changes, facilitating the smooth interpretation and application of laws. The Order amends the Acts Interpretation (Substituted References) Order 1997 by updating references to various ministers and departments that have undergone name changes or have been reorganised, thereby ensuring that the references in existing legislation continue to accurately reflect the current structure of the government.

Scope and Application

The Acts Interpretation (Substituted References) Amendment Order 2001 (No. 2) is a legislative instrument that amends the Acts Interpretation (Substituted References) Order 1997 by substituting certain references in federal legislation to reflect changes in ministerial titles and departmental names that occurred on 3 May 2001. This amendment ensures that references in existing laws remain current and accurate by updating the names of ministers and departments as per the changes implemented on that date. The scope of this order is limited to updating references in federal legislation to align with the new titles and structures of government departments and ministerial positions. The order applies to all provisions within federal laws that contain references to the affected ministers and departments, ensuring that these laws continue to function correctly and without confusion. The order itself is a Commonwealth instrument, impacting all federal statutes that are subject to the specified substitutions. There are no stated exclusions or exemptions within this order, meaning that all federal laws containing the identified references are subject to amendment. The application of the order extends through subordinate instruments as necessary, ensuring that all relevant federal legislation is updated accordingly.

Key Provisions

The Acts Interpretation (Substituted References) Amendment Order 2001 (No. 2) (the 'Order') amends the Acts Interpretation (Substituted References) Order 1997 to update references to certain Ministers and Departments in various Acts and Regulations. The changes reflect the restructuring and renaming of Departments and Ministerial portfolios that occurred over time (Schedule 1, clause 1). Specifically, the Order substitutes new references for outdated ones in existing references to Ministers and Departments across multiple Acts and Regulations (Schedule 1, items 1-10). These substitutions ensure that references in legislation remain accurate and reflect the current structure of government administration. The Order imposes obligations on those drafting, interpreting, or applying legislation to use the updated references as provided in the Order. This includes legal practitioners, government officers, and anyone involved in the administration of justice who must refer to the correct Ministerial and Departmental titles as specified (Schedule 1, clause 1). By mandating the use of these updated references, the Order ensures consistency and clarity in the interpretation and application of Australian legislation. Failure to comply with the requirements of the Order may lead to confusion and potential legal disputes regarding the interpretation of references in legislation. While the Order itself does not explicitly state penalties for non-compliance, breaches of legislative requirements generally can result in civil or criminal consequences, depending on the specific context and the nature of the breach. In cases where outdated references lead to misinterpretation or improper application of the law, legal challenges or administrative actions could follow, potentially resulting in significant repercussions for those responsible.