Statute Update (Autumn 2018) Act 2018
No. 41, 2018
An Act to make various technical and minor amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
Statute Update (Autumn 2018) Act 2018
No. 41, 2018
An Act to make various technical and minor amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments of principal Acts
Criminal Code Act 1995
Education Services for Overseas Students Act 2000
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
Renewable Energy (Electricity) Act 2000
Trade Support Loans Act 2014
Schedule 2—Chartered Accountants Australia and New Zealand
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
Australian Research Council Act 2001
National Land Transport Act 2014
Natural Resources Management (Financial Assistance) Act 1992
Schedule 3—Amendments consequential on the Acts and Instruments (Framework Reform) Act 2015
Food Standards Australia New Zealand Act 1991
Schedule 4—Norfolk Island
Bankruptcy (Estate Charges) Act 1997
Commonwealth Banks Restructuring Act 1990
Export Inspection Charges Collection Act 1985
Export Inspection (Establishment Registration Charges) Act 1985
Export Inspection (Quantity Charge) Act 1985
Export Inspection (Service Charge) Act 1985
Fringe Benefits Tax Act 1986
Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991
Marine Navigation Levy Act 1989
Marine Navigation (Regulatory Functions) Levy Act 1991
National Residue Survey (Customs) Levy Act 1998
National Residue Survey (Excise) Levy Act 1998
Primary Industries (Customs) Charges Act 1999
Primary Industries (Excise) Levies Act 1999
Primary Industries Levies and Charges Collection Act 1991
Renewable Energy (Electricity) (Large‑scale Generation Shortfall Charge) Act 2000
Renewable Energy (Electricity) (Small‑scale Technology Shortfall Charge) Act 2010
Telecommunications (Carrier Licence Charges) Act 1997
Telecommunications (Industry Levy) Act 2012
Telecommunications (Numbering Charges) Act 1997
True‑up Shortfall Levy (Excise) (Carbon Tax Repeal) Act 2014
True‑up Shortfall Levy (General) (Carbon Tax Repeal) Act 2014
Schedule 5—Repeals of spent provisions
Social Security Legislation Amendment (One‑off Payments for Carers) Act 2005
Telstra Corporation Act 1991
Schedule 6—Repeals of obsolete amending Acts
ACIS Administration Amendment Act 2000
ACIS Administration Amendment Act 2002
ACIS Administration Amendment Act 2003
ACIS Administration Amendment Act 2009
ACIS Administration Amendment (Application) Act 2009
ACIS Administration Amendment (Unearned Credit Liability) Act 2007
Australian Industry Development Corporation Amendment Act 1980
Australian Industry Development Corporation Amendment Act 1992
Australian Workforce and Productivity Agency Repeal Act 2014
Bounty Acts Amendment Act 1982
Bounty and Subsidy Legislation Amendment Act 1986
Bounty and Subsidy Legislation Amendment Act 1987
Bounty and Subsidy Legislation Amendment Act (No. 2) 1986
Bounty and Subsidy Legislation Amendment Act (No. 2) 1988
Bounty (Commercial Motor Vehicles) Amendment Act 1985
Bounty (Commercial Motor Vehicles) Amendment Act (No. 2) 1985
Bounty (Injection‑moulding Equipment) Amendment Act 1983
Bounty (Injection‑moulding Equipment) Amendment Act 1985
Bounty Legislation Amendment Act 1995
Customs Tariff (Coal Export Duty) Amendment Act 1987
Customs Tariff (Uranium Concentrate Export Duty) Amendment Act 1987
Customs Tariff (Uranium Concentrate Export Duty) Amendment Act 1989
Energy Efficiency Opportunities Amendment Act 2007
Energy Efficiency Opportunities (Repeal) Act 2014
Fertilizers (Subsidy) Amendment Act 1985
Petroleum (Submerged Lands) Amendment Act 1980
Petroleum (Submerged Lands) Amendment Act 1991
Petroleum (Submerged Lands) Amendment Act 2002
Petroleum (Submerged Lands) Amendment Act 2003
Petroleum (Submerged Lands) (Exploration Permit Fees) Amendment Act 1980
Petroleum (Submerged Lands) Legislation Amendment Act 1987
Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000
Petroleum (Submerged Lands) Legislation Amendment Act (No. 2) 2000
Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment Act 1980
Petroleum (Submerged Lands) (Production Licence Fees) Amendment Act 1980
Petroleum (Submerged Lands) (Registration Fees) Amendment Act 1980
Petroleum (Submerged Lands) (Registration Fees) Amendment Act 2001
Petroleum (Submerged Lands) (Royalty) Amendment Act 1980
States Grants (Petroleum Products) Amendment Act 1978
Textiles, Clothing and Footwear Development Authority Amendment Act 1991
Statute Update (Autumn 2018) Act 2018
No. 41, 2018
An Act to make various technical and minor amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes
[Assented to 22 May 2018]
The Parliament of Australia enacts:
This Act is the Statute Update (Autumn 2018) Act 2018.
(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 |
Provisions | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day after this Act receives the Royal Assent. | 23 May 2018 |
2. Schedule 1, items 1 to 6 | The 28th day after this Act receives the Royal Assent. | 19 June 2018 |
3. Schedule 1, items 7 and 8 | 1 July 2017. | 1 July 2017 |
4. Schedules 2 to 6 | The 28th day after this Act receives the Royal Assent. | 19 June 2018 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation 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—Amendments of principal Acts
1 Paragraph 104.29(2)(i) of the Criminal Code
Omit “Crimes Act 1914.”, substitute “Crimes Act 1914;”.
Note: This item fixes a punctuation error.
Education Services for Overseas Students Act 2000
2 Subsection 149(1)
Omit “authorised employee”, substitute “authorised officer”.
Note: This item fixes a reference to an incorrect concept.
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
3 Subsection 3(1) (paragraph (a) of the definition of trade union)
Omit “Conciliation and Arbitration Act 1904”, substitute “Fair Work (Registered Organisations) Act 2009”.
Note: This item replaces a reference to a repealed Act with a reference to the correct current Act.
Renewable Energy (Electricity) Act 2000
4 Subsection 24(2) (note 1)
Omit “Chapter 3 of the Criminal Code”, substitute “Part IA of the Crimes Act 1914”.
Note: This item fixes an incorrect cross‑reference.
5 Subsection 24(3) (note)
Omit “Chapter 3 of the Criminal Code”, substitute “Part IA of the Crimes Act 1914”.
Note: This item fixes an incorrect cross‑reference.
6 Subsection 154(2) (note 1)
Omit “Chapter 3 of the Criminal Code”, substitute “Part IA of the Crimes Act 1914”.
Note: This item fixes an incorrect cross‑reference.
7 Subsection 99(4) (formula)
Repeal the formula, substitute:
8 Paragraph 99(5)(a)
Repeal the paragraph, substitute:
(a) the highest previous March quarter is the March quarter, before the most recent March quarter before the indexation day, with the highest index number (disregarding any March quarter that is earlier than the 2014 March quarter); and
Schedule 2—Chartered Accountants Australia and New Zealand
Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006
1 Section 5 (paragraph (b) of the definition of qualified accountant)
Omit “the Institute of Chartered Accountants in Australia”, substitute “Chartered Accountants Australia and New Zealand”.
Australian Research Council Act 2001
2 Subsection 58(2) (paragraph (c) of the definition of qualified auditor)
Omit “the Institute of Chartered Accountants in Australia”, substitute “Chartered Accountants Australia and New Zealand”.
National Land Transport Act 2014
3 Subsection 4(1) (subparagraph (c)(ii) of the definition of appropriate auditor)
Omit “the Institute of Chartered Accountants in Australia”, substitute “Chartered Accountants Australia and New Zealand”.
Natural Resources Management (Financial Assistance) Act 1992
4 Subsection 9(5) (paragraph (b) of the definition of qualified accountant)
Omit “the Institute of Chartered Accountants in Australia”, substitute “Chartered Accountants Australia and New Zealand”.
Schedule 3—Amendments consequential on the Acts and Instruments (Framework Reform) Act 2015
Food Standards Australia New Zealand Act 1991
1 At the end of subsection 6(1)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the declaration: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the declaration: see subsection 54(1) of that Act.
2 Subsection 6(4)
Repeal the subsection.
3 At the end of subsection 23(1)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the guidelines: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the guidelines: see subsection 54(1) of that Act.
4 Subsection 23(4)
Repeal the subsection.
5 Subsection 82(2)
Omit “, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the variation”.
6 At the end of subsection 82(2)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the variation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the variation: see subsection 54(1) of that Act.
7 Subsection 82(7)
Omit “Legislative Instruments Act 2003”, substitute “Legislation Act 2003”.
8 Subsection 82(8)
Repeal the subsection, substitute:
When variation commences
(8) Despite subsection 12(1) of the Legislation Act 2003, a variation made under subsection (1) of this section commences on the day a copy of the variation is published as mentioned in subsection (7) of this section.
9 Section 94
Repeal the section, substitute:
94 Standards and variations are legislative instruments
A standard, or a variation of a standard, in relation to which a notice is published under section 92 is a legislative instrument.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 54(1) of that Act.
10 Subsection 97(6)
Repeal the subsection, substitute:
Standards and variations are legislative instruments
(6) The standard, or the variation of the standard, in relation to which notice is published under subsection (4), is a legislative instrument.
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the standard or variation: see subsection 54(1) of that Act.
11 At the end of subsection 106(1)
Add:
Note 1: Section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument of revocation or amendment: see subsection 44(1) of that Act.
Note 2: Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the instrument of revocation or amendment: see subsection 54(1) of that Act.
12 Subsection 106(6)
Repeal the subsection.
Bankruptcy (Estate Charges) Act 1997
1 Section 3
Omit “, of the Northern Territory or of Norfolk Island”, substitute “or of the Northern Territory”.
Commonwealth Banks Restructuring Act 1990
2 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Export Inspection Charges Collection Act 1985
3 Section 3B
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Export Inspection (Establishment Registration Charges) Act 1985
4 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Export Inspection (Quantity Charge) Act 1985
5 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Export Inspection (Service Charge) Act 1985
6 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
7 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Income Tax (Deferred Interest Securities) (Tax File Number Withholding Tax) Act 1991
8 Section 3
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Marine Navigation Levy Act 1989
9 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Marine Navigation (Regulatory Functions) Levy Act 1991
10 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
National Residue Survey (Customs) Levy Act 1998
11 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
National Residue Survey (Excise) Levy Act 1998
12 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Primary Industries (Customs) Charges Act 1999
13 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Primary Industries (Excise) Levies Act 1999
14 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Primary Industries Levies and Charges Collection Act 1991
15 Subsection 5(1)
Omit “and of Norfolk Island”.
Renewable Energy (Electricity) (Large‑scale Generation Shortfall Charge) Act 2000
16 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Renewable Energy (Electricity) (Small‑scale Technology Shortfall Charge) Act 2010
17 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Telecommunications (Carrier Licence Charges) Act 1997
18 Section 3
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Telecommunications (Industry Levy) Act 2012
19 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Telecommunications (Numbering Charges) Act 1997
20 Section 3
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
True‑up Shortfall Levy (Excise) (Carbon Tax Repeal) Act 2014
21 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
True‑up Shortfall Levy (General) (Carbon Tax Repeal) Act 2014
22 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.
Schedule 5—Repeals of spent provisions
Social Security Legislation Amendment (One‑off Payments for Carers) Act 2005
1 Schedule 1
Repeal the Schedule.
2 Subsections 36(2), (2A) and (6)
Repeal the subsections.
Schedule 6—Repeals of obsolete amending Acts
1 Repeals of Acts
Repeal the following Acts:
ACIS Administration Amendment Act 2000
ACIS Administration Amendment Act 2002
ACIS Administration Amendment Act 2003
ACIS Administration Amendment Act 2009
ACIS Administration Amendment (Application) Act 2009
ACIS Administration Amendment (Unearned Credit Liability) Act 2007
Australian Industry Development Corporation Amendment Act 1980
Australian Industry Development Corporation Amendment Act 1992
Australian Workforce and Productivity Agency Repeal Act 2014
Bounty Acts Amendment Act 1982
Bounty and Subsidy Legislation Amendment Act 1986
Bounty and Subsidy Legislation Amendment Act 1987
Bounty and Subsidy Legislation Amendment Act (No. 2) 1986
Bounty and Subsidy Legislation Amendment Act (No. 2) 1988
Bounty (Commercial Motor Vehicles) Amendment Act 1985
Bounty (Commercial Motor Vehicles) Amendment Act (No. 2) 1985
Bounty (Injection‑moulding Equipment) Amendment Act 1983
Bounty (Injection‑moulding Equipment) Amendment Act 1985
Bounty Legislation Amendment Act 1995
Customs Tariff (Coal Export Duty) Amendment Act 1987
Customs Tariff (Uranium Concentrate Export Duty) Amendment Act 1987
Customs Tariff (Uranium Concentrate Export Duty) Amendment Act 1989
Energy Efficiency Opportunities Amendment Act 2007
Energy Efficiency Opportunities (Repeal) Act 2014
Fertilizers (Subsidy) Amendment Act 1985
Petroleum (Submerged Lands) Amendment Act 1980
Petroleum (Submerged Lands) Amendment Act 1991
Petroleum (Submerged Lands) Amendment Act 2002
Petroleum (Submerged Lands) Amendment Act 2003
Petroleum (Submerged Lands) (Exploration Permit Fees) Amendment Act 1980
Petroleum (Submerged Lands) Legislation Amendment Act 1987
Petroleum (Submerged Lands) Legislation Amendment Act (No. 1) 2000
Petroleum (Submerged Lands) Legislation Amendment Act (No. 2) 2000
Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment Act 1980
Petroleum (Submerged Lands) (Production Licence Fees) Amendment Act 1980
Petroleum (Submerged Lands) (Registration Fees) Amendment Act 1980
Petroleum (Submerged Lands) (Registration Fees) Amendment Act 2001
Petroleum (Submerged Lands) (Royalty) Amendment Act 1980
States Grants (Petroleum Products) Amendment Act 1978
Textiles, Clothing and Footwear Development Authority Amendment Act 1991
2 Saving provision
If, under an Act repealed by this Schedule, a decision, act or thing was taken to be, or to continue to be, valid to any extent immediately before the commencement of this item, then the decision, act or thing continues to be taken to be valid to the same extent after the commencement of this item.
[Minister’s second reading speech made in—
House of Representatives on 28 March 2018
Senate on 9 May 2018]
(75/18)