Acts Interpretation (Substituted References - Section 19B) Amendment Order 2004 (No. 1)

Overview

The Acts Interpretation (Substituted References — Section 19B) Amendment Order 2004 (No. 1) was introduced to address the need for updating references within acts and regulations to reflect changes in the titles of certain government portfolios. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, this Order amends the Acts Interpretation (Substituted References — Section 19B) Order 1997. It aims to ensure that references to former ministerial titles are substituted with current titles, thereby maintaining the accuracy and relevance of legislative documents. This legislative instrument is a crucial tool for maintaining the integrity and clarity of Australian law, ensuring that statutory references are kept up to date with the evolving structure of government ministries.

Scope and Application

The Acts Interpretation (Substituted References — Section 19B) Amendment Order 2004 (No. 1) serves to update and clarify the references to various ministerial titles within the Acts Interpretation (Substituted References — Section 19B) Order 1997. This legislative instrument applies to the entire Commonwealth of Australia and concerns the substitution of certain ministerial titles in references within acts and other instruments. The amendments are effective from the date of the Order's creation and are designed to ensure that references to specific ministers and their portfolios remain accurate and relevant. For instance, the Order substitutes "Minister for Vocational and Technical Education" for "Minister for Science" in relation to the Minister for Education, Science and Training. This Order does not specify any exclusions or exemptions and does not extend or restrict its application through subordinate instruments. Instead, it directly amends the previous Order to reflect changes in ministerial responsibilities and titles.

Key Provisions

The Acts Interpretation (Substituted References — Section 19B) Amendment Order 2004 (No. 1) is a legislative instrument that primarily seeks to update and correct references to ministerial titles within various Australian Acts and legislative instruments. The Order, made under the authority of subsections 19B(1), (2) and (3) of the Acts Interpretation Act 1901, serves to ensure that references to certain ministerial positions are accurately reflected in the law. Section 2 of the Order amends the Acts Interpretation (Substituted References — Section 19B) Order 1997, specifically by updating the titles of several ministers. For example, it replaces references to the 'Minister for Science' with 'Minister for Vocational and Technical Education' in the context of education-related provisions (Schedule 1, item 1). Similarly, it updates the title of the 'Minister for Employment Services' to 'Minister for Workforce Participation' (Schedule 1, item 3). This Order imposes a clear obligation on the relevant parties to ensure that all references to ministerial titles in existing legislation are updated to reflect the current titles. This is to maintain accuracy and avoid confusion in the legal framework. The amendments made by this Order are intended to ensure that all legal documents accurately reflect the current structure and responsibilities of the Australian government. The Order itself does not explicitly outline specific offences or penalties for non-compliance, as it is a procedural amendment rather than a regulatory framework. However, failure to comply with the requirements to update ministerial references could potentially lead to legal uncertainty and challenges in the interpretation and enforcement of laws. It is expected that the relevant authorities would ensure compliance through regular reviews and updates of legislative texts. The importance of this Order lies in its role in maintaining the clarity and accuracy of the legislative framework, which is crucial for the effective administration of justice and governance.