Statute Law Revision Act 2006

No. 9, 2006

An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes

[Assented to 23 March 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Statute Law Revision Act 2006.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	23 March 2006
2. Schedule 1, item 1	Immediately after the commencement of Division 43 of the Aged Care Act 1997.	1 October 1997
3. Schedule 1, items 2 and 3	The day on which this Act receives the Royal Assent.	23 March 2006
4. Schedule 1, items 4 to 6	Immediately after the commencement of sections 3 to 58 of the Australian Passports Act 2005.	1 July 2005
5. Schedule 1, item 7	Immediately after the commencement of item 98 of Schedule 2 to the Financial Sector Reform (Amendments and Transitional Provisions) Act 1998.	1 July 1998
6. Schedule 1, items 8 and 9	Immediately after the commencement of item 191 of Schedule 9 to the US Free Trade Agreement Implementation Act 2004.	1 January 2005
7. Schedule 1, item 10	Immediately after the commencement of the Crimes (Search Warrants and Powers of Arrest) Amendment Act 1994.	30 November 1994
8. Schedule 1, items 11 and 12	The day on which this Act receives the Royal Assent.	23 March 2006
9. Schedule 1, items 13 to 15	Immediately after the commencement of the Environment Protection and Biodiversity Conservation Act 1999.	16 July 2000
10. Schedule 1, item 16	Immediately after the commencement of section 51 of the International War Crimes Tribunals Act 1995.	28 August 1995
11. Schedule 1, item 17	The day on which this Act receives the Royal Assent.	23 March 2006
12. Schedule 1, items 18 to 20	Immediately after the commencement of item 38 of Schedule 1 to the Petroleum (Submerged Lands) Amendment Act 2003.	1 January 2005
13. Schedule 1, item 21	Immediately after the commencement of Schedule 1 to the Privacy Amendment (Private Sector) Act 2000.	21 December 2001
14. Schedule 1, item 22	Immediately after the commencement of item 1126 of Schedule 2 to the Audit (Transitional and Miscellaneous) Amendment Act 1997.	1 January 1998
15. Schedule 1, item 23	Immediately after the commencement of subsection 4(1) of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988.	1 July 1988
16. Schedule 1, item 24	The day on which this Act receives the Royal Assent.	23 March 2006
17. Schedule 1, items 25 and 26	Immediately after the commencement of the Surveillance Devices Act 2004.	15 December 2004
18. Schedule 2, item 1	Immediately after the time specified in the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 for the commencement of item 72 of Schedule 4 to that Act.	24 March 2005
19. Schedule 2, item 2	Immediately after the time specified in the Aboriginal and Torres Strait Islander Commission Amendment Act 2005 for the commencement of item 73 of Schedule 4 to that Act.	24 March 2005
20. Schedule 2, item 3	Immediately after the time specified in the Audit (Transitional and Miscellaneous) Amendment Act 1997 for the commencement of item 1118 of Schedule 2 to that Act.	1 January 1998
21. Schedule 2, item 4	Immediately after the time specified in the Audit (Transitional and Miscellaneous) Amendment Act 1997 for the commencement of item 1120 of Schedule 2 to that Act.	1 January 1998
22. Schedule 2, item 5	Immediately after the time specified in the Audit (Transitional and Miscellaneous) Amendment Act 1997 for the commencement of item 1134 of Schedule 2 to that Act.	1 January 1998
23. Schedule 2, item 6	Immediately after the time specified in the Audit (Transitional and Miscellaneous) Amendment Act 1997 for the commencement of item 1135 of Schedule 2 to that Act.	1 January 1998
24. Schedule 2, item 7	Immediately after the time specified in the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997 for the commencement of item 6 of Schedule 3 to that Act.	1 July 1998
25. Schedule 2, item 8	Immediately after the time specified in the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 for the commencement of the amendments in Schedule 2 to that Act of section 6 of the Australian Broadcasting Corporation Act 1983.	5 October 1992
26. Schedule 2, item 9	Immediately after the time specified in the Complaints (Australian Federal Police) Amendment Act 1994 for the commencement of Schedule 1 to that Act.	13 January 1995
27. Schedule 2, item 10	Immediately after the time specified in the Corporations (Repeals, Consequentials and Transitionals) Act 2001 for the commencement of item 25 of Schedule 3 to that Act.	15 July 2001
28. Schedule 2, items 11 to 13	Immediately after the time specified in the Corporations (Repeals, Consequentials and Transitionals) Act 2001 for the commencement of item 4 of Schedule 6 to that Act.	15 July 2001
29. Schedule 2, item 14	Immediately after the time specified in the Crimes Amendment (Enforcement of Fines) Act 1998 for the commencement of item 3 of Schedule 1 to that Act.	29 June 1998
30. Schedule 2, item 15	At the same time as items 6A to 13 of Schedule 2 to the Crimes Legislation Enhancement Act 2003.	3 June 2003
31. Schedule 2, item 16	Immediately after the time specified in the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 for the commencement of item 277 of Schedule 2 to that Act.	24 May 2001
32. Schedule 2, item 17	Immediately after the time specified in the Customs Legislation (Anti‑dumping Amendments) Act 1998 for the commencement of item 61 of Schedule 1 to that Act.	24 July 1998
33. Schedule 2, item 18	Immediately after the time specified in the Financial Sector Reform (Amendments and Transitional Provisions) Act 1998 for the commencement of item 99 of Schedule 2 to that Act.	1 July 1998
34. Schedule 2, item 19	Immediately after the time specified in the Hearing Services and AGHS Reform Act 1997 for the commencement of item 6 of Schedule 4 to that Act.	18 June 1997
35. Schedule 1, item 20	Immediately after the time specified in the Petroleum (Submerged Lands) Amendment Act 2003 for the commencement of item 104 of Schedule 1 to that Act.	1 January 2005
36. Schedule 2, item 21	Immediately after the time specified in the Privacy Amendment Act 2004 for the commencement of item 11 of Schedule 1 to that Act.	21 April 2004
37. Schedule 2, item 22	Immediately after the time specified in the Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001 for the commencement of item 25 of Schedule 1 to that Act.	1 October 2001
38. Schedule 2, item 23	Immediately after the commencement of section 2 of the Superannuation (Government Co‑contribution for Low Income Earners) (Consequential Amendments) Act 2003.	12 November 2003
39. Schedule 2, item 24	Immediately after the commencement of section 2 of the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act (No. 1) 2003.	30 June 2003
40. Schedule 2, item 25	Immediately after the time specified in the Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act (No. 1) 2003 for the commencement of item 170 of Schedule 1 to that Act.	30 June 2003
41. Schedule 2, item 26	Immediately after the time specified in the Veterans’ Affairs Legislation Amendment Act (No. 1) 2002 for the commencement of item 52 of Schedule 6 to that Act.	13 May 1997
42. Schedule 2, item 27	Immediately after the time specified in the Veterans’ Entitlements Amendment (Direct Deductions and Other Measures) Act 2004 for the commencement of item 86 of Schedule 1 to that Act.	29 June 2004
43. Schedule 3	The day on which this Act receives the Royal Assent.	23 March 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of principal Acts

Aged Care Act 1997

1 Paragraph 43‑4(5)(b)

After “paragraph”, insert “51”.

Australian Federal Police Act 1979

2 Subsection 64(2)

Omit “(2)”.

3 Subsection 64AA(1)

Omit “(1)”.

Australian Passports Act 2005

4 At the end of subparagraph 13(1)(b)(iii)

Add “or”.

5 Subsection 13(1)

After “refusal/cancellation request in relation to”, insert “the”.

6 Subsection 13(3) (definition of competent authority)

Omit “or (b)”, substitute “, (b) or (c)”.

Banking Act 1959

7 Subsection 33(6)

Omit “a ADI’s”, substitute “an ADI’s”.

8 Section 116AB (paragraph (a) of the definition of industry code)

Repeal the paragraph, substitute:

(a) an industry code that:

(i) meets any prescribed requirements; and

(ii) is registered under Part 6 of the Telecommunications Act 1997; or

Note: Paragraph (a) of the definition of industry code has 2 subparagraphs numbered (i).

9 Saving provision for item 8

The amendment made by item 8 of this Schedule does not affect the validity of any requirements that:

(a) were prescribed for the purposes of paragraph (a)(i) (first‑occurring) of the definition of industry code in section 116AB of the Copyright Act 1968; and

(b) were in force immediately before the commencement of item 8 of this Schedule.

Crimes Act 1914

10 Section 3S

Omit “can not”, substitute “cannot”.

11 After subsection 15HB(1)

Insert:

(1A) Without limiting subsection (1), an offence against section 474.19, 474.20, 474.22, 474.23, 474.26 or 474.27 of the Criminal Code is a serious Commonwealth offence for the purposes of this Part.

Note: See the note to item 12.

12 Subsection 15HB(2) (the subsection (2) inserted by item 3 of Schedule 1 to the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004)

Repeal the subsection.

Note: Section 15HB has 2 subsections numbered (2). This item and the previous one have the effect of moving the second‑appearing subsection (2) to a place immediately below subsection (1) (where the text most appropriately belongs).

Environment Protection and Biodiversity Conservation Act 1999

13 Subsection 142A(4)

Omit “or (2)”, substitute “or (3)”.

14 Subsection 391(3) (table item 5)

Omit “237”, substitute “238”.

15 Section 427

Omit “can not”, substitute “cannot”.

International War Crimes Tribunals Act 1995

16 Section 51

Omit “can not”, substitute “cannot”.

Life Insurance Act 1995

17 Subsection 165(3) (the subsection 165(3) inserted by item 8 of Schedule 4 to the US Free Trade Agreement Implementation Act 2004)

Renumber as subsection (4).

Petroleum (Submerged Lands) Act 1967

18 Before clause 3 of Schedule 7

Insert:

Part 2—Occupational health and safety

Division 1—General duties relating to occupational health and safety

Note: See note to item 20.

19 Part 2 of Schedule 7 (heading)

Repeal the heading.

Note: See note to item 20.

20 Division 1 of Part 2 of Schedule 7 (heading)

Repeal the heading.

Note: Item 1 of Schedule 1 to the Petroleum (Submerged Lands) Amendment Act 2003 had the effect of making the headings to Part 2 and Division 1 of Part 2 of Schedule 7 to the Petroleum (Submerged Lands) Act 1967 appear in the wrong places. This item and items 18 and 19 put the headings in the right place.

Privacy Act 1988

21 Subsection 54(1A) (note)

Omit “or by an adjudicator under an approved privacy code”.

Public Accounts and Audit Committee Act 1951

22 Subsection 5(6)

Omit “Chairman” (wherever occurring), substitute “Chair”.

Safety, Rehabilitation and Compensation Act 1988

23 Subsection 4(1) (paragraph (f) of the definition of medical treatment)

Omit “artifical”, substitute “artificial”.

24 Section 108 of Part IX

Renumber as section 109A.

Surveillance Devices Act 2004

25 Section 3

Omit “this Bill”, substitute “this Act”.

26 Paragraph 37(1)(b)

Omit “1979”, substitute “2002”.

Schedule 2—Amendment of amending Acts

Aboriginal and Torres Strait Islander Commission Amendment Act 2005

1 Item 72 of Schedule 4 (heading)

Omit “204FE(5)”, substitute “203FE(5)”.

2 Item 73 of Schedule 4 (heading)

Omit “204FE(6)”, substitute “203FE(6)”.

Audit (Transitional and Miscellaneous) Amendment Act 1997

3 Item 1118 of Schedule 2 (heading)

After “of”, insert “the”.

Note: This item corrects a misdescription of a definition in the Public Accounts and Audit Committee Act 1951.

4 Item 1120 of Schedule 2 (heading)

After “of”, insert “the”.

Note: This item corrects a misdescription of a definition in the Public Accounts and Audit Committee Act 1951.

5 Item 1134 of Schedule 2

Repeal the item, substitute:

1134 Schedule, Form C

Omit “Chairman” (wherever occurring), substitute “Chair”.

6 Item 1135 of Schedule 2 (heading)

Omit “A”, substitute “C”.

Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997

7 Item 6 of Schedule 3

Repeal the item.

Note: Item 6 of Schedule 3 to the Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997 purported to amend a subsection that had already been repealed.

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992

8 Schedule 2, the amendment of section 6 of the Australian Broadcasting Corporation Act 1983

Repeal the amendment, substitute:

Section 6:

Omit “public sectors” (wherever occurring), substitute “community sectors”.

Note: This item corrects a misdescription of text in the Australian Broadcasting Corporation Act 1983 and makes a corresponding correction to the text to be substituted.

Complaints (Australian Federal Police) Amendment Act 1994

9 Schedule 1, the amendments of subsection 7(7) of the Complaints (Australian Federal Police) Act 1981

Repeal the amendments, substitute:

Subsection 7(7):

Omit “a member of the Australian Federal Police” (wherever occurring), substitute “an AFP appointee”.

Note: This item corrects a misdescription of text in the Complaints (Australian Federal Police) Act 1981.

Corporations (Repeals, Consequentials and Transitionals) Act 2001

10 Item 25 of Schedule 3 (heading)

Omit “Paragraph 8”, substitute “Paragraph 14”.

11 Item 4 of Schedule 6

Repeal the item.

Note: This item repeals an item that omits a cross‑reference that did not exist in the relevant provision. The amendment is no longer required.

12 Item 7 of Schedule 6

Repeal the item.

Note: This item repeals an item that omits a cross‑reference that did not exist in the relevant provision. The amendment is no longer required.

13 Item 10 of Schedule 6

Repeal the item.

Note: This item repeals an item that omits a cross‑reference that did not exist in the relevant provision. The amendment is no longer required.

Crimes Amendment (Enforcement of Fines) Act 1998

14 Item 3 of Schedule 1

Omit “sections”, substitute “sections,”.

Crimes Legislation Enhancement Act 2003

15 After item 6N of Schedule 2

Insert:

6NA Subsection 46(2)

Omit “(2)”.

Note: Removing the “(2)” that appears at the beginning of the text of section 46 of the Criminology Research Act 1971 means that the amendment made by item 6P of Schedule 2 to the Crimes Legislation Enhancement Act 2003 becomes certain.

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

16 Item 277 of Schedule 2

Omit “section” (first occurring), substitute “sections”.

Note: This item corrects a misdescription of text in the Migration Act 1958.

Customs Legislation (Anti‑dumping Amendments) Act 1998

17 Item 61 of Schedule 1

Omit “289TJ(3)(a)”, substitute “269TJ(3)(a)”.

Financial Sector Reform (Amendments and Transitional Provisions) Act 1998

18 Item 99 of Schedule 2

Repeal the item, substitute:

99 Subsection 33(6)

Omit “that bank”, substitute “that ADI”.

Note: This item corrects a misdescription of text in the Banking Act 1959.

Hearing Services and AGHS Reform Act 1997

19 Item 6 of Schedule 4

Repeal the item, substitute:

6 Paragraph 7(1)(a)

After “other than an eligible case manager”, insert “or an eligible hearing service provider”.

Note: This item corrects an amending item so that the location of an amendment of the Privacy Act 1988 becomes clear.

Petroleum (Submerged Lands) Amendment Act 2003

20 Item 104 of Schedule 1

Omit “of” (second occurring).

Note: This item corrects a misdescription of text in the Petroleum (Submerged Lands) Act 1967.

Privacy Amendment Act 2004

21 Item 11 of Schedule 1

After “‘(h),’”, insert “(first occurring)”.

Note: This item corrects an amending item so that the location of an amendment of the Privacy Act 1988 becomes clear.

Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001

22 Item 25 of Schedule 1

Omit “certificate for,”, substitute “certificate for”.

Note: This item corrects a misdescription of text in the Industrial Chemicals (Notification and Assessment) Act 1989.

Superannuation (Government Co‑contribution for Low Income Earners) (Consequential Amendments) Act 2003

23 Subsection 2(1) (table item 3)

Omit “Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 2003”, substitute “Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act (No. 1) 2003”.

Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act (No. 1) 2003

24 Subsection 2(1) (table item 3)

Repeal the item, substitute:

3. Schedule 1, items 62 to 169	The day after this Act receives the Royal Assent.
3A. Schedule 1, item 170	Immediately after the commencement of the provision(s) covered by table item 14.
3B. Schedule 1, items 171 to 174	The day after this Act receives the Royal Assent.