Acts Interpretation (Substituted References - Section 19BA) Amendment Order 2010 (No. 2)

Overview

The Acts Interpretation (Substituted References – Section 19BA) Amendment Order 2010 (No. 2) was enacted to address the issue of updating references to specific ministers, departments, or secretaries in Commonwealth legislation to reflect changes in administrative arrangements. This amendment order arises from the need to update references within the Privacy Act 1988 following the transfer of responsibility for the Act from the Cabinet Secretary to the Minister for Privacy and Freedom of Information, which occurred after the August 2010 election. The Order was enacted by the Governor-General under the authority conferred by the Acts Interpretation Act 1901, aiming to ensure that legislative provisions remain current and accurately reflect the current administrative structure. The primary policy objective of this amendment order is to streamline the legislative process by ensuring that references to government officials are accurate and up-to-date, thereby maintaining the clarity and efficacy of the law. This legislative instrument is not subject to disallowance or sunset provisions under the Legislative Instruments Act 2003 and comes into effect on the day after it is registered on the Federal Register of Legislative Instruments. The Order has been crafted to have minimal impact on business, as it pertains solely to machinery changes within the legislative framework.

Scope and Application

The Acts Interpretation (Substituted References – Section 19BA) Amendment Order 2010 (No. 2) pertains to the alteration of specific references within Commonwealth Acts and instruments made under those Acts, to ensure they remain current and accurate following changes in administrative arrangements. The Act applies to all Commonwealth Acts and related instruments, including any references to ministers, departments, or secretaries, ensuring these references are aligned with the current administrative structures. The Order specifically targets the Privacy Act 1988, substituting references to the Cabinet Secretary with references to the Minister for Privacy and Freedom of Information due to a change in the Administrative Arrangements Order post the August 2010 election. The Order is effective nationwide as it pertains to the Commonwealth of Australia. There are no exclusions or exemptions outlined in the Order, and it operates under the authority conferred by Section 19BA of the Acts Interpretation Act 1901, with the legislative instrument being exempt from disallowance and sunset provisions. The Order is effective from the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The Acts Interpretation (Substituted References – Section 19BA) Amendment Order 2010 (No. 2) (the Order) is designed to amend references in the Privacy Act 1988 and related instruments from the Cabinet Secretary to the Minister for Privacy and Freedom of Information. This change reflects a shift in administrative responsibility following the August 2010 election (section 1). The Order is made under section 19BA of the Acts Interpretation Act 1901, which allows the Governor-General to alter references in Acts to specific ministers, departments, or secretaries when there is a change in administration or when the reference is no longer appropriate (section 3). This amendment ensures that all references in the Privacy Act 1988 and any related instruments reflect the current administrative arrangements. The Order imposes obligations on the parties governed by the Privacy Act 1988 to update their documentation and internal records to reflect the new references. This includes ensuring that any references to the Cabinet Secretary are replaced with references to the Minister for Privacy and Freedom of Information. Additionally, any instruments made under the Privacy Act 1988 must also be updated accordingly to maintain consistency and accuracy in legal references. The departments involved have already been consulted, and no further consultation was deemed necessary due to the machinery nature of the changes. The Order itself does not impose any specific penalties or consequences for non-compliance with the changes it mandates. However, the failure to update references in the Privacy Act 1988 and related instruments could lead to confusion and potential legal issues. The Legislative Instruments Regulations 2004 provide that instruments made under section 19BA of the Acts Interpretation Act 1901 are not subject to the disallowance or sunset provisions of the Legislative Instruments Act 2003 (section 6). The Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and comes into effect on the day after it is registered on the Federal Register of Legislative Instruments.