Acts Interpretation (Substituted References - Section 19B) Amendment Order 2002 (No. 1)

Overview

The Acts Interpretation (Substituted References — Section 19B) Amendment Order 2002 (No. 1) was enacted to address the need for updated references in Australian legislative texts, ensuring that statutory provisions remain accurate and relevant. This legislative instrument was made by the Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the authority of the Acts Interpretation Act 1901. The primary objective of this amendment order is to correct and modernise references within existing legislative instruments, thereby enhancing the clarity and precision of Australian law. By substituting outdated or altered ministerial titles and references, the order ensures that the legislative framework continues to reflect current governmental structures and responsibilities.

Scope and Application

The Acts Interpretation (Substituted References — Section 19B) Amendment Order 2002 (No. 1) pertains to the substitution of references within Australian legislative instruments as per section 19B of the Acts Interpretation Act 1901. This Order applies to any legislative instrument within the Commonwealth of Australia, effectively altering references within such instruments to ensure they remain accurate and relevant. Specifically, the Order amends the Acts Interpretation (Substituted References — Section 19B) Order 1997, introducing new references and replacing outdated ones to reflect current governmental structures and nomenclature. For instance, it replaces the term "Minister for Forestry and Conservation" with "Minister for Fisheries, Forestry and Conservation" across all affected provisions. This amendment ensures that references in legislative texts accurately align with current ministerial titles and responsibilities. The scope of the Order is national, impacting all Commonwealth legislative instruments that contain the specified references. There are no stated exclusions or exemptions within the Order, meaning it applies broadly to the legislative instruments it amends. Additionally, any further amendments or extensions of application are to be managed through subsequent legislative instruments as necessary.

Key Provisions

The Acts Interpretation (Substituted References — Section 19B) Amendment Order 2002 (No. 1) amends the Acts Interpretation (Substituted References — Section 19B) Order 1997. This legislative instrument is made under subsection 19B (1) of the Acts Interpretation Act 1901 and signed by the Governor-General on 27 November 2002. The Order replaces certain references in the 1997 Order to make adjustments to ministerial titles and responsibilities. Specifically, it changes references from the "Minister for Forestry and Conservation" to the "Minister for Fisheries, Forestry and Conservation" across all relevant provisions, reflecting a change in the ministerial portfolio that occurred on 20 December 2001. The Order imposes specific obligations on those interpreting or applying the substituted references. It mandates that any reference to the "Minister for Forestry and Conservation" in the 1997 Order must now be read as referring to the "Minister for Fisheries, Forestry and Conservation". This change is effective immediately upon the commencement of the 2002 Amendment Order. Parties relying on the 1997 Order must ensure they update their references to comply with the new wording as set out in the 2002 Amendment Order, to avoid any confusion or misinterpretation in their legal obligations or statutory duties. There are no direct offences, penalties, or consequences specified in this Order for non-compliance with its provisions. However, any failure to adhere to the updated references may lead to practical difficulties in the interpretation or application of affected legislation, potentially resulting in legal uncertainties or disputes. While the Order itself does not prescribe penalties, any resulting legal challenges or operational issues stemming from misinterpretation may lead to judicial scrutiny or other legal consequences depending on the specific circumstances and the impact of the non-compliance.