Commonwealth Coat of Arms of Australia

 

Acts Interpretation Amendment (Home Affairs) Substituted Reference Order 2017

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following substituted reference order.

Dated 20 December 2017

Peter Cosgrove

GovernorGeneral

By His Excellency’s Command

Christian Porter

AttorneyGeneral

 

 

 

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Acts Interpretation Substituted Reference Order 2017

1  Name

  This instrument is the Acts Interpretation Amendment (Home Affairs) Substituted Reference Order 2017.

2  Commencement

 (1) Each provision of this instrument 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.  The whole of this instrument

The day after this instrument is registered.

21 December 2017

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 19B of the Acts Interpretation Act 1901.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

 

Acts Interpretation Substituted Reference Order 2017

1  Section 1.5

Insert:

Home Affairs transition day means the day after the commencement of the amendments to the Administrative Arrangements Order which transfer the administration of the Australian Federal Police Act 1979 from the AttorneyGeneral to the Minister for Home Affairs.

2  At the end of Part 2

Add:

2.4  Substitutions made on the Home Affairs transition day

 (1) The following table sets out substitutions made on the Home Affairs transition day that affect provisions of multiple Acts or instruments that refer to Ministers.

 

Substitutions made on the Home Affairs transition day—references to Ministers in multiple Acts or instruments

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

All provisions

Minister for Immigration and Border Protection

Minister for Home Affairs

 

 (2) The following table sets out substitutions made on the Home Affairs transition day that affect provisions of a single Act or instrument that refer to Ministers.

 

Substitutions made on the Home Affairs transition day—references to Ministers in a single Act or instrument

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

Administrative Decisions (Judicial Review) Act 1977, paragraphs (daa) and (daaa) of Schedule 1

AttorneyGeneral

Minister for Home Affairs

2

A New Tax System (Family Assistance) Act 1999, Division 7 of Part 3

AttorneyGeneral

Minister for Home Affairs

3

AntiMoney Laundering and CounterTerrorism Financing Act 2006, section 5 (definition of AttorneyGeneral’s Department)

AttorneyGeneral, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901

AttorneyGeneral

4

Australian Citizenship Act 2007, section 6A

AttorneyGeneral

Minister for Home Affairs

5

Australian Crime Commission Act 2002, subsections 12(1) and (1A) and section 16

AttorneyGeneral of the Commonwealth, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901

AttorneyGeneral of the Commonwealth

6

Australian Federal Police Act 1979, sections 44, 47B, 49P and 51

the Minister

AttorneyGeneral

7

Crimes Act 1914, sections 3ZZAE, 3ZZAF, 15GG and 15LD

the Minister

AttorneyGeneral

8

Crimes Act 1914, section 9A

AttorneyGeneral

Minister for Home Affairs

9

Crimes Act 1914, Part ID

AttorneyGeneral, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901

AttorneyGeneral

10

Crimes (Aviation) Act 1991, sections 37, 41 and 48

AttorneyGeneral, if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901

AttorneyGeneral

11

Criminal Code:

(a) section 72.28;

(b) section 72.36, paragraph (a) of the definition of responsible Minister;

(c) subsection 117.1(2);

(d) section 119.8;

(e) Part 9.1;

(f) paragraphs 471.18(2)(d), 471.21(2)(d), 474.21(2)(d) and 474.24(2)(d)

the Minister

Minister for Home Affairs

12

Criminology Research Act 1971, subsection 19(2)

AttorneyGeneral

Minister administering the Criminology Research Act 1971

13

Customs Act 1901, subsection 208DA(4)

AttorneyGeneral

Minister for Home Affairs

14

Customs (Prohibited Exports) Regulations 1958, regulation 3

AttorneyGeneral

Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995

15

Customs (Prohibited Imports) Regulations 1956, regulation 4A

AttorneyGeneral

Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995

16

Customs (Prohibited Imports) Regulations 1956, regulation 4AA and Schedule 6

AttorneyGeneral

Minister for Home Affairs

17

Migration Act 1958, sections 143 to 147 (inclusive) and 162

AttorneyGeneral

Minister for Home Affairs

18

Migration Regulations 1994:

(a) regulation 1.03, definition of assistance notice;

(b) regulation 2.07AK;

(c) clause 060.511 of Schedule 2

AttorneyGeneral

Minister for Home Affairs

19

Offshore Petroleum and Greenhouse Gas Storage Act 2006, subsections 604(5) and 610(4)

AttorneyGeneral

Minister for Home Affairs

20

Paid Parental Leave Act 2010, Division 5 of Part 61

AttorneyGeneral

Minister for Home Affairs

21

Proceeds of Crime Act 2002, paragraph 297(c)

the Minister

AttorneyGeneral

22

Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (as in force for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988), Schedule

AttorneyGeneral or the Minister for Justice

Minister for Home Affairs

23

Service and Execution of Process Act 1992, subsection 100(4)

AttorneyGeneral for the Commonwealth

Minister for Home Affairs

24

Social Security Act 1991, Part 1.3B

AttorneyGeneral

Minister for Home Affairs

25

Telecommunications Act 1997:

(a) sections 58A and 581;

(b) clauses 57A and 72A of Schedule 3A

AttorneyGeneral

Minister for Home Affairs

26

Telecommunications Act 1997, sections 275B, 275D, 295Y, 295ZB and 295ZD

Minister administering the Administrative Decisions (Judicial Review) Act 1977

Minister for Home Affairs

27

Terrorism Insurance Act 2003, subsection 6(1)

AttorneyGeneral

Minister for Home Affairs

3  At the end of Part 3

Add:

3.4  Substitutions made on the Home Affairs transition day

 (1) The following table sets out substitutions made on the Home Affairs transition day that affect provisions of multiple Acts or instruments that refer to Departments.

 

Substitutions made on the Home Affairs transition day—references to Departments in multiple Acts or instruments

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

All provisions

Department of Immigration and Border Protection

Department of Home Affairs

 

 (2) The following table sets out substitutions made on the Home Affairs transition day that affect provisions of a single Act or instrument that refer to Departments.

 

Substitutions made on the Home Affairs transition day—references to Departments in a single Act or instrument

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

Australian Crime Commission Regulations 2002, paragraph 9A(a) and Schedule 1A

AttorneyGeneral’s Department, if the reference to that authority would, apart from this item, be read as a reference to another Department in accordance with section 19A of the Acts Interpretation Act 1901

AttorneyGeneral’s Department

2

Criminal Code, paragraphs 72.28(1)(a) and (b)

the Department

Department of Home Affairs

3

Criminal Code, paragraph 474.17(2)(d)

AttorneyGeneral’s Department

Department of Home Affairs

4

Customs Act 1901, subsection 208DA(1) (definition of prescribed officer)

AttorneyGeneral’s Department

Department of Home Affairs

5

Customs (Prohibited Imports) Regulations 1956, subregulation 4AA(7) (definition of authorised person)

AttorneyGeneral’s Department

Department of Home Affairs

6

Migration Regulations 1994:

(a) regulation 1.03, definition of assistance notice;

(b) clause 060.511 of Schedule 2

AttorneyGeneral’s Department

Department of Home Affairs

7

Safety, Rehabilitation and Compensation (Definition of Employee) Notice 2009 (1) (as in force for the purposes of subsection 5(6) of the Safety, Rehabilitation and Compensation Act 1988), Schedule

Attorney General’s Department

Department of Home Affairs

8

Telecommunications Act 1997, subclause 89(1) of Schedule 3A

AttorneyGeneral’s Department

Department of Home Affairs

9

Telecommunications (Data for emergency warning systems) Instrument 2016, section 4 (definition of DirectorGeneral, Emergency Management Australia)

Commonwealth AttorneyGeneral’s Department

Department of Home Affairs of the Commonwealth

4  Section 4.2 (heading)

Repeal the heading, substitute:

4.2  Substitutions made on 6 May 2017

5  Section 4.2

Omit “the day this instrument commences”, substitute “6 May 2017”.

6  Section 4.2 (table heading)

Repeal the heading, substitute:

Substitutions made on 6 May 2017—references to Secretaries in a single Act or instrument

7  At the end of Part 4

Add:

4.3  Substitutions made on the Home Affairs transition day

 (1) The following table sets out substitutions made on the Home Affairs transition day that affect provisions of multiple Acts or instruments that refer to Secretaries.

 

Substitutions made on the Home Affairs transition day—references to Secretaries in multiple Acts or instruments

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

All provisions

Secretary of the Department of Immigration and Border Protection

Secretary of the Department of Home Affairs

 

 (2) The following table sets out substitutions made on the Home Affairs transition day that affect provisions of a single Act or instrument that refer to Secretaries.

 

Substitutions made on the Home Affairs transition day—references to Secretaries in a single Act or instrument

 

Column 1

Affected provisions

Column 2

Existing reference

Column 3

Substitute reference

1

A New Tax System (Family Assistance) Act 1999, subsection 57GJ(4)

AttorneyGeneral’s Secretary

Secretary of the Department of Home Affairs

2

Customs (Prohibited Imports) Regulations 1956, subitem 9.3 in Part 1 of Schedule 6

Secretary of the AttorneyGeneral’s Department

Secretary of the Department of Home Affairs

3

Migration Act 1958, paragraph 143(1)(a)

Secretary of the AttorneyGeneral’s Department

Secretary of the Department of Home Affairs

4

Migration Regulations 1994:

(a) regulation 1.03, definition of assistance notice;

(b) clause 060.511 of Schedule 2

Secretary of the AttorneyGeneral’s Department

Secretary of the Department of Home Affairs

5

Paid Parental Leave Act 2010, subsection 278C(3)

AttorneyGeneral’s Secretary

Secretary of the Department of Home Affairs

6

Social Security Act 1991, subsection 38N(3)

AttorneyGeneral’s Secretary

Secretary of the Department of Home Affairs

7

Telecommunications Act 1997, clauses 55A, 57, 58, 70, 71, 73 and 89 of Schedule 3A

Secretary of the AttorneyGeneral’s Department

Secretary of the Department of Home Affairs