Acts Interpretation Amendment Act 2011, Australia, WIPO Lex

Main text(s)

English Acts Interpretation Amendment Act 2011

Acts Interpretation Amendment Act 2011

Acts Interpretation Amendment Act

2011

No. 46, 2011

An Act to amend the Acts Interpretation Act 1901,

and for other purposes

Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

ComLaw Authoritative Act C2011A00046

Contents 1 Short title ...........................................................................................1

2 Commencement.................................................................................2

3 Schedule(s) ........................................................................................4

Schedule 1—Main amendments 5

Acts Interpretation Act 1901 5

Legislative Instruments Act 2003 39

Schedule 2—Consequential amendments 40

Agricultural and Veterinary Chemical Products (Collection of Levy)

A New Tax System (Medicare Levy Surcharge—Fringe Benefits) Act

Aboriginal and Torres Strait Islander Act 2005 40

Aboriginal Land Rights (Northern Territory) Act 1976 42

Administrative Appeals Tribunal Act 1975 43

Admiralty Act 1988 43

Aged Care Act 1997 43

Act 1994 44

Agricultural and Veterinary Chemicals Act 1994 44

Agricultural and Veterinary Chemicals (Administration) Act 1992 44

Agricultural and Veterinary Chemicals Code Act 1994 45

Air Navigation Act 1920 45

Airports Act 1996 45

Airports (Transitional) Act 1996 46

Air Services Act 1995 46

1999 47

Antarctic Treaty (Environment Protection) Act 1980 47

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 47

Anti-Personnel Mines Convention Act 1998 48

Archives Act 1983 48

Auditor-General Act 1997 48

AusCheck Act 2007 49

Australia Council Act 1975 49

Australian Astronomical Observatory Act 2010 50

Australian Broadcasting Corporation Act 1983 51

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Australian Bureau of Statistics Act 1975 52

Australian Capital Territory Government Service (Consequential

Provisions) Act 1994 52

Australian Capital Territory (Planning and Land Management) Act

1988 53

Australian Centre for International Agricultural Research Act 1982 53

Australian Centre for Renewable Energy Act 2010 54

Australian Communications and Media Authority Act 2005 54

Australian Crime Commission Act 2002 55

Australian Curriculum, Assessment and Reporting Authority Act 2008 55

Australian Federal Police Act 1979 56

Australian Film, Television and Radio School Act 1973 56

Australian Hearing Services Act 1991 57

Australian Human Rights Commission Act 1986 57

Australian Information Commissioner Act 2010 58

Australian Institute of Aboriginal and Torres Strait Islander Studies

Act 1989 58

Australian Institute of Health and Welfare Act 1987 59

Australian Institute of Marine Science Act 1972 59

Australian Law Reform Commission Act 1996 60

Australian Maritime Safety Authority Act 1990 60

Australian National Maritime Museum Act 1990 61

Australian National University Act 1991 62

Australian Nuclear Science and Technology Organisation Act 1987 62

Australian Organ and Tissue Donation and Transplantation Authority

Act 2008 63

Australian Passports Act 2005 64

Australian Postal Corporation Act 1989 65

Australian Prudential Regulation Authority Act 1998 65

Australian Radiation Protection and Nuclear Safety Act 1998 65

Australian Research Council Act 2001 66

Australian Security Intelligence Organisation Act 1979 66

Australian Sports Anti-Doping Authority Act 2006 66

Australian Sports Commission Act 1989 68

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Australian Trade Commission Act 1985 70

Australian War Memorial Act 1980 70

Banking Act 1959 71

Bankruptcy Act 1966 71

Bills of Exchange Act 1909 71

Broadcasting Services Act 1992 72

Building and Construction Industry Improvement Act 2005 74

Cancer Australia Act 2006 74

Chemical Weapons (Prohibition) Act 1994 75

Child Support (Assessment) Act 1989 75

Child Support (Registration and Collection) Act 1988 76

Civil Aviation Act 1988 77

Civil Aviation (Carriers’ Liability) Act 1959 78

Classification (Publications, Films and Computer Games) Act 1995 78

COAG Reform Fund Act 2008 79

Coal Mining Industry (Long Service Leave Funding) Act 1992 79

Commonwealth Authorities and Companies Act 1997 80

Commonwealth Electoral Act 1918 81

Commonwealth Serum Laboratories Act 1961 83

Competition and Consumer Act 2010 84

Coordinator-General for Remote Indigenous Services Act 2009 87

Copyright Act 1968 88

Corporations (Aboriginal and Torres Strait Islander) Act 2006 88

Crimes Act 1914 89

Crimes at Sea Act 2000 89

Criminal Code Act 1995 89

Criminology Research Act 1971 90

Cross-Border Insolvency Act 2008 90

Customs Act 1901 90

Customs Administration Act 1985 91

Customs Tariff Act 1995 92

Defence Act 1903 92

Defence Force Discipline Act 1982 95

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iii

Defence Force Retirement and Death Benefits Act 1973 95

Defence Home Ownership Assistance Scheme Act 2008 96

Defence Housing Australia Act 1987 96

Dental Benefits Act 2008 97

Designs Act 2003 97

Development Allowance Authority Act 1992 97

Director of Public Prosecutions Act 1983 97

Disability Discrimination Act 1992 98

Do Not Call Register Act 2006 99

Education Services for Overseas Students Act 2000 99

Environment Protection and Biodiversity Conservation Act 1999 99

Environment Protection (Sea Dumping) Act 1981 100

Evidence Act 1995 101

Excise Tariff Act 1921 101

Export Control Act 1982 101

Export Finance and Insurance Corporation Act 1991 101

Export Market Development Grants Act 1997 102

Fair Work (Registered Organisations) Act 2009 103

Family Law Act 1975 103

Federal Court of Australia Act 1976 104

Federal Financial Relations Act 2009 104

Federal Magistrates Act 1999 104

Financial Management and Accountability Act 1997 105

Fisheries Administration Act 1991 105

Fisheries Management Act 1991 106

Food Standards Australia New Zealand Act 1991 107

Foreign Proceedings (Excess of Jurisdiction) Act 1984 108

Freedom of Information Act 1982 108

Fringe Benefits Tax (Application to the Commonwealth) Act 1986 108

Fringe Benefits Tax Assessment Act 1986 109

Future Fund Act 2006 109

Gene Technology Act 2000 110

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Governance of Australian Government Superannuation Schemes Act

2011 110

Governor-General Act 1974 110

Great Barrier Reef Marine Park Act 1975 111

Health and Other Services (Compensation) Act 1995 112

Health Insurance Act 1973 112

Health Workforce Australia Act 2009 113

Hearing Services Administration Act 1997 113

Historic Shipwrecks Act 1976 113

Income Tax Assessment Act 1936 114

Income Tax Assessment Act 1997 114

Independent Contractors Act 2006 115

Independent National Security Legislation Monitor Act 2010 115

Industrial Chemicals (Notification and Assessment) Act 1989 115

Industry Research and Development Act 1986 116

Infrastructure Australia Act 2008 116

Inspector-General of Intelligence and Security Act 1986 117

Inspector-General of Taxation Act 2003 118

Inspector of Transport Security Act 2006 118

Insurance Act 1973 118

Intelligence Services Act 2001 119

Interactive Gambling Act 2001 119

International Air Services Commission Act 1992 119

Interstate Road Transport Charge Act 1985 120

Judges’ Pensions Act 1968 120

Judiciary Act 1903 120

Law Enforcement Integrity Commissioner Act 2006 120

Law Officers Act 1964 121

Life Insurance Act 1995 121

Liquid Fuel Emergency Act 1984 121

Maritime Transport and Offshore Facilities Security Act 2003 122

Medical Indemnity Act 2002 122

Migration Act 1958 122

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Military Rehabilitation and Compensation Act 2004 123

Motor Vehicle Standards Act 1989 123

National Blood Authority Act 2003 124

National Consumer Credit Protection Act 2009 124

National Film and Sound Archive Act 2008 125

National Gallery Act 1975 126

National Greenhouse and Energy Reporting Act 2007 126

National Health Act 1953 126

National Health and Medical Research Council Act 1992 127

National Health Security Act 2007 128

National Library Act 1960 128

National Measurement Act 1960 129

National Museum of Australia Act 1980 129

National Transport Commission Act 2003 130

National Vocational Education and Training Regulator Act 2011 130

National Water Commission Act 2004 130

Nation-building Funds Act 2008 131

Native Title Act 1993 133

Navigation Act 1912 133

Northern Territory Acceptance Act 1910 134

Nuclear Non-Proliferation (Safeguards) Act 1987 134

Offshore Minerals Act 1994 134

Offshore Petroleum and Greenhouse Gas Storage Act 2006 135

Olympic Insignia Protection Act 1987 136

Ombudsman Act 1976 136

Paid Parental Leave Act 2010 137

Parliamentary Contributory Superannuation Act 1948 137

Parliamentary Counsel Act 1970 137

Patents Act 1990 137

Payment Systems and Netting Act 1998 138

Petroleum Resource Rent Tax Assessment Act 1987 138

Port Statistics Act 1977 138

Primary Industries and Energy Research and Development Act 1989 138

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Primary Industries (Excise) Levies Act 1999 139

Privacy Act 1988 139

Private Health Insurance Act 2007 140

Productivity Commission Act 1998 141

Protection of Movable Cultural Heritage Act 1986 141

Protection of the Sea (Civil Liability for Bunker Oil Pollution

Damage) Act 2008 141

Protection of the Sea (Harmful Anti-fouling Systems) Act 2006 141

Protection of the Sea (Powers of Intervention) Act 1981 142

Public Lending Right Act 1985 142

Public Service Act 1999 143

Qantas Sale Act 1992 144

Quarantine Act 1908 144

Racial Discrimination Act 1975 144

Radiocommunications Act 1992 145

Referendum (Machinery Provisions) Act 1984 145

Registration of Deaths Abroad Act 1984 145

Remuneration Tribunal Act 1973 146

Renewable Energy (Electricity) Act 2000 146

Reserve Bank Act 1959 147

Retirement Savings Accounts Act 1997 147

Rural Adjustment Act 1992 147

Safety, Rehabilitation and Compensation Act 1988 148

Safe Work Australia Act 2008 149

Science and Industry Research Act 1949 150

Screen Australia Act 2008 150

Seafarers Rehabilitation and Compensation Act 1992 151

Sex Discrimination Act 1984 152

Shipping Registration Act 1981 152

Skills Australia Act 2008 153

Small Superannuation Accounts Act 1995 153

Snowy Hydro Corporatisation Act 1997 153

Social Security Act 1991 154

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Social Security (Administration) Act 1999 154

Superannuation (Government Co-contribution for Low Income

Telecommunications (Consumer Protection and Service Standards)

Textile, Clothing and Footwear Investment and Innovation Programs

Spam Act 2003 154

Special Broadcasting Service Act 1991 155

Special Prosecutors Act 1982 155

Student Assistance Act 1973 156

Submarine Cables and Pipelines Protection Act 1963 156

Superannuation Act 1976 156

Superannuation Act 1990 157

Superannuation Act 2005 157

Earners) Act 2003 157

Superannuation Guarantee (Administration) Act 1992 158

Superannuation Industry (Supervision) Act 1993 158

Superannuation (Resolution of Complaints) Act 1993 158

Surveillance Devices Act 2004 159

Sydney Harbour Federation Trust Act 2001 159

Tax Agent Services Act 2009 160

Taxation Administration Act 1953 160

Tax Laws Amendment (2009 Measures No. 6) Act 2010 160

Telecommunications Act 1997 160

Act 1999 163

Telecommunications (Interception and Access) Act 1979 163

Telecommunications (Numbering Charges) Act 1997 163

Terrorism Insurance Act 2003 163

Act 1999 164

Therapeutic Goods Act 1989 164

Tourism Australia Act 2004 165

Trade Marks Act 1995 166

Transport Safety Investigation Act 2003 166

Veterans’ Entitlements Act 1986 166

War Graves Act 1980 167

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167Water Act 2007

Wheat Export Marketing Act 2008 168

Wine Australia Corporation Act 1980 169

Schedule 3—Application, saving and transitional provisions 170

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Acts Interpretation Amendment Act

2011

No. 46, 2011

An Act to amend the Acts Interpretation Act 1901,

and for other purposes

[Assented to 27 June 2011]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Acts Interpretation Amendment Act

2011.

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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 this Act receives the Royal Assent. 27 June 2011

2. Schedule 1 A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

27 December

2011

3. Schedule 2,

items 1 to 652

4. Schedule 2,

items 653 and 654

At the same time as the provision(s) covered

by table item 2.

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 2;

and

(b) immediately after the commencement of

section 36 of the Governance of

Australian Government Superannuation

Schemes Act 2011.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

27 December

2011

27 December

2011

(paragraph (a)

applies)

5. Schedule 2, At the same time as the provision(s) covered 27 December

items 655 to 835 by table item 2. 2011

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Commencement information

Column 1 Column 2 Column 3

Provision(s) Commencement Date/Details

6. Schedule 2,

item 836

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 2;

and

(b) immediately after the commencement of

section 3 of the National Vocational

Education and Training Regulator Act

2011.

27 December

2011

(paragraph (a)

applies)

7. Schedule 2,

items 837 to 1074

8. Schedule 2,

items 1075 to

1083

9. Schedule 2,

item 1084

10. Schedule 2,

items 1085 and

1086

At the same time as the provision(s) covered

by table item 2.

At the same time as the provision(s) covered

by table item 2.

However, if item 183 of Schedule 1 to the

Superannuation Legislation (Consequential

Amendments and Transitional Provisions)

Act 2011 commences at or before that time,

the provision(s) do not commence at all.

The later of:

(a) immediately after the commencement of

the provision(s) covered by table item 2;

and

(b) immediately after the commencement of

item 222 of Schedule 1 to the

Superannuation Legislation

(Consequential Amendments and

Transitional Provisions) Act 2011.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

At the same time as the provision(s) covered

by table item 2.

However, if item 234 of Schedule 1 to the

Superannuation Legislation (Consequential

Amendments and Transitional Provisions)

Act 2011 commences at or before that time,

the provision(s) do not commence at all.

27 December

2011

Do not

commence

27 December

2011

(paragraph (a)

applies)

Do not

commence

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Commencement information

Column 1 Column 2 Column 3

Provision(s) Commencement Date/Details

11. Schedule 2, At the same time as the provision(s) covered 27 December

items 1087 to by table item 2. 2011

1198

12. Schedule 3 At the same time as the provision(s) covered 27 December

by table item 2. 2011

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.

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.

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Main amendments Schedule 1

Schedule 1—Main amendments

Acts Interpretation Act 1901

1 Part I (heading)

Repeal the heading, substitute:

Part 1—Preliminary

2 After section 1

Insert:

1A Simplified outline

The following is a simplified outline of this Act:

Overview

This Act is like a dictionary and manual to use when reading and

interpreting Commonwealth Acts and instruments made under

Commonwealth Acts.

The definitions and many of the interpretation rules are aimed at

making Commonwealth legislation shorter, less complex and more

consistent in operation.

A provision of this Act is subject to a contrary intention in other

Commonwealth legislation.

Structure

Part 1 provides that this Act applies to all Acts. This Act also

applies to legislative instruments and other instruments made under

an Act (see subsection 13(1) of the Legislative Instruments Act

2003 and subsection 46(1) of this Act).

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Schedule 1 Main amendments

Part 2 contains definitions that apply across all Commonwealth

legislation (for example, Australian citizen, business day,

document and month).

Part 3 deals with the commencement of Commonwealth Acts. For

example, section 4 allows certain powers to be exercised (like the

making of appointments) between the enactment and

commencement of an Act.

Part 4 deals with the amendment, repeal and expiry of

Commonwealth legislation. For example, section 7 provides that

the repeal of an Act does not affect any rights accrued under the

Act, or any legal proceedings instituted, before the repeal.

Part 5 contains various rules for interpreting Commonwealth

legislation, including:

(a) section 15A (about interpreting an Act subject to

the Constitution); and

(b) section 15AA (which provides for interpreting an

Act in a way that best achieves the purpose or

object of the Act); and

of an Act (like explanatory memorandums and

second reading speeches) in interpreting an Act);

and

(d) sections 19 to 19C (which deal with references to

Ministers, Departments and Secretaries of

Departments and with administrative changes in

the operation of the Commonwealth Government).

Part 6 deals with the service of documents on persons.

Part 7 contains rules about exercising powers and performing

functions and duties under Commonwealth legislation, including:

(a) subsection 33(3) (which provides that a power to

make an instrument includes the power to vary or

revoke the instrument); and

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Main amendments Schedule 1

(b) section 33A (about acting appointments); and

powers, functions and duties).

Part 8 deals with the calculation of distance, time and age.

Part 9 deals with the citation of Acts.

Part 10 deals with non-legislative instruments. For example, it

provides that this Act applies to those instruments and that

expressions in those instruments have the same meaning as in the

enabling legislation.

Part 11 contains a regulation-making power.

3 Section 2

Repeal the section, substitute:

2 Application of Act

(1) This Act applies to all Acts (including this Act).

Note: This Act also applies to legislative instruments and other instruments made under an Act: see subsection 13(1) of the Legislative Instruments Act 2003 and subsection 46(1) of this Act.

(2) However, the application of this Act or a provision of this Act to an

Act or a provision of an Act is subject to a contrary intention.

2A Binding the Crown

This Act binds the Crown in each of its capacities.

4 After Part I

Insert:

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Schedule 1 Main amendments

Part 2—Definitions

2B Definitions

In any Act:

acting SES employee has the same meaning as in the Public

Service Act 1999.

affidavit includes affirmation, declaration and promise.

appoint: see section 33AA.

APS employee has the same meaning as in the Public Service Act

1999.

Australia means the Commonwealth of Australia and, when used

in a geographical sense, includes the Territory of Christmas Island

and the Territory of Cocos (Keeling) Islands, but does not include

any other external Territory.

Note: See also section 15B.

Australian citizen has the same meaning as in the Australian

Citizenship Act 2007.

Australian Standard: see section 2L.

business day means a day that is not a Saturday, a Sunday or a

public holiday in the place concerned.

calendar month means one of the 12 months of the year.

calendar year means a period of 12 months starting on 1 January.

commencement, in relation to an Act or a provision of an Act,

means the time at which the Act or provision comes into operation.

Note: See also section 3.

Commonwealth means the Commonwealth of Australia and, when

used in a geographical sense, includes the Territory of Christmas

Island and the Territory of Cocos (Keeling) Islands, but does not

include any other external Territory.

Note: See also section 15B.

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Consolidated Revenue Fund means the Consolidated Revenue

Fund referred to in section 81 of the Constitution.

Constitution means the Constitution of the Commonwealth.

contiguous zone has the same meaning as in the Seas and

Submerged Lands Act 1973.

continental shelf has the same meaning as in the Seas and

Submerged Lands Act 1973.

contravene includes fail to comply with.

court exercising federal jurisdiction means any court when

exercising federal jurisdiction, and includes a federal court.

court of summary jurisdiction means any justice of the peace, or

magistrate of a State or Territory, sitting as a court of summary

jurisdiction.

de facto partner: see section 2D.

document means any record of information, and includes:

(a) anything on which there is writing; and

(b) anything on which there are marks, figures, symbols or

perforations having a meaning for persons qualified to

interpret them; and

reproduced with or without the aid of anything else; and

(d) a map, plan, drawing or photograph.

estate includes any estate, interest, charge, right, title, claim

demand, lien or encumbrance at law or in equity.

exclusive economic zone has the same meaning as in the Seas and

Submerged Lands Act 1973.

Executive Council means the Federal Executive Council.

external Territory means a Territory, other than an internal

Territory, where an Act makes provision for the government of the

Territory as a Territory.

Note: See also section 15B.

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Schedule 1 Main amendments

federal court means the High Court or any court created by the

Parliament.

financial year means a period of 12 months starting on 1 July.

foreign country means any country (whether or not an independent

sovereign state) outside Australia and the external Territories.

Gazette means the Commonwealth of Australia Gazette.

Government Printer includes any person printing for the

Government of the Commonwealth.

Note: See also section 17A.

Governor of a State: see section 16B.

Governor-General: see section 16A.

High Court means the High Court of Australia.

individual means a natural person.

insolvent under administration has the same meaning as in the

Corporations Act 2001.

internal Territory means the Australian Capital Territory, the

Northern Territory or the Jervis Bay Territory.

Jervis Bay Territory means the Territory referred to in the Jervis

Bay Territory Acceptance Act 1915.

justice of the peace includes a justice of the peace for a State or

part of a State or for a Territory.

land includes messuages, tenements and hereditaments, corporeal

and incorporeal, of any tenure or description, whatever may be the

estate or interest in them.

law of the Commonwealth: see section 2H.

Magistrate: see subsections 16C(2) and (3).

Minister or Minister of State means one of the Ministers of State

for the Commonwealth.

Note: See also section 19.

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modifications, in relation to a law, includes additions, omissions

and substitutions.

month: see section 2G.

Northern Territory means the Northern Territory of Australia.

oath includes affirmation, declaration and promise.

Parliament means the Parliament of the Commonwealth.

penalty unit, including in relation to a civil penalty provision, has

the meaning given by section 4AA of the Crimes Act 1914.

person: see section 2C.

prescribed means prescribed by the Act or by regulations under the

Act.

Proclamation means Proclamation by the Governor-General that is

published in the Gazette or entered in the Federal Register of

Legislative Instruments established under the Legislative

Instruments Act 2003.

record includes information stored or recorded by means of a

computer.

regulations means regulations under the Act.

rules of court: see section 2K.

seat of Government means the seat of Government of the

Commonwealth.

SES employee has the same meaning as in the Public Service Act

1999.

Sovereign: see section 16.

Standards Australia means Standards Australia Limited (ACN 087

326 690).

State means a State of the Commonwealth.

statutory declaration means a declaration made because of any Act

authorising a declaration to be made otherwise than in the course

of a judicial proceeding.

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Stipendiary Magistrate: see subsection 16C(1).

swear includes affirm, declare and promise.

territorial sea has the same meaning as in the Seas and Submerged

Lands Act 1973.

Territory, Territory of the Commonwealth, Territory under the

authority of the Commonwealth or Territory of Australia means a

Territory referred to in section 122 of the Constitution.

United Kingdom means the United Kingdom of Great Britain and

Northern Ireland.

writing includes any mode of representing or reproducing words,

figures, drawings or symbols in a visible form.

2C References to persons

(1) In any Act, expressions used to denote persons generally (such as

“person”, “party”, “someone”, “anyone”, “no-one”, “one”,

“another” and “whoever”), include a body politic or corporate as

well as an individual.

(2) Express references in an Act to companies, corporations or bodies

corporate do not imply that expressions in that Act, of the kind

mentioned in subsection (1), do not include companies,

corporations or bodies corporate.

2D References to de facto partners

For the purposes of a provision of an Act that is a provision in

which de facto partner has the meaning given by this Act, a person

is the de facto partner of another person (whether of the same sex

or a different sex) if:

(a) the person is in a registered relationship with the other person

under section 2E; or

(b) the person is in a de facto relationship with the other person

under section 2F.

2E Registered relationships

For the purposes of paragraph 2D(a), a person is in a registered

relationship with another person if the relationship between the

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persons is registered under a prescribed law of a State or Territory

as a prescribed kind of relationship.

2F De facto relationships

(1) For the purposes of paragraph 2D(b), a person is in a de facto

relationship with another person if the persons:

(a) are not legally married to each other; and

(b) are not related by family (see subsection (6)); and

domestic basis.

(2) In determining for the purposes of paragraph (1)(c) whether 2

persons have a relationship as a couple, all the circumstances of

their relationship are to be taken into account, including any or all

of the following circumstances:

(a) the duration of the relationship;

(b) the nature and extent of their common residence;

(d) the degree of financial dependence or interdependence, and

any arrangements for financial support, between them;

(e) the ownership, use and acquisition of their property;

(f) the degree of mutual commitment to a shared life;

(g) the care and support of children;

(h) the reputation and public aspects of the relationship.

(3) No particular finding in relation to any circumstance mentioned in

subsection (2) is necessary in determining whether 2 persons have

a relationship as a couple for the purposes of paragraph (1)(c).

(4) For the purposes of paragraph (1)(c), the persons are taken to be

living together on a genuine domestic basis if the persons are not

living together on a genuine domestic basis only because of:

(a) a temporary absence from each other; or

(b) illness or infirmity of either or both of them.

(5) For the purposes of subsection (1), a de facto relationship can exist

even if one of the persons is legally married to someone else or is

in a registered relationship (within the meaning of section 2E) with

someone else or is in another de facto relationship.

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(6) For the purposes of paragraph (1)(b), 2 persons are related by

family if:

(a) one is the child (including an adopted child) of the other; or

(b) one is another descendant of the other (even if the

relationship between them is traced through an adoptive

parent); or

parent of either or both of them).

For this purpose, disregard whether an adoption is declared void or

has ceased to have effect.

(7) For the purposes of subsection (6), adopted means adopted under

the law of any place (whether in or out of Australia) relating to the

adoption of children.

2G Months

(1) In any Act, month means a period:

(a) starting at the start of any day of one of the calendar months;

and

(b) ending:

(i) immediately before the start of the corresponding day of

the next calendar month; or

(ii) if there is no such day—at the end of the next calendar

month.

Example 1: A month starting on 15 December in a year ends immediately before 15 January in the next year.

Example 2: A month starting on 31 August in a year ends at the end of September in that year (because September is the calendar month coming after August and does not have 31 days).

(2) In any Act, a reference to a period of 2 or more months is a

reference to a period:

(a) starting at the start of a day of one of the calendar months

(the starting month); and

(b) ending:

(i) immediately before the start of the corresponding day of

the calendar month that is that number of calendar

months after the starting month; or

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(ii) if there is no such day—at the end of the calendar

month that is that number of calendar months after the

starting month.

Example 1: A reference to 6 months starting on 15 December in a year is a reference to a period starting on that day and ending immediately before 15 June in the next year.

Example 2: A reference to 6 months starting on 31 October in a year is a reference to a period starting on that day and ending at the end of April in the next year (because April is the calendar month coming sixth after October and does not have 31 days).

2H References to law of the Commonwealth

In any Act, a reference to the law of the Commonwealth, or to a

law of the Commonwealth, does not include, and is taken never to

have included, a reference to a law in force in a Territory so far as

the law is so in force because of an Act providing for the

acceptance, administration or government of that Territory.

2J Documents commencing proceedings

A reference in a provision of an Act to any one or more of the

following in connection with court proceedings:

(a) a summons;

(b) an information;

(d) a complaint;

(e) a declaration;

is taken to include a reference to any document through which

proceedings may be instituted in a court.

Note: An example of such a document is a court attendance notice under the Criminal Procedure Act 1986 of New South Wales.

2K Rules of court

(1) In any Act, rules of court, in relation to any court, means rules

made by the authority having for the time being power to make

rules or orders regulating the practice and procedure of such court.

(2) The power of the authority to make rules of court includes a power

to make rules of court for the purpose of any Act which directs or

authorises anything to be done by rules of court.

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2L References to Australian Standards

In any Act, a reference consisting of the words “Australian

Standard” followed by the letters “AS” and a number is a reference

to the standard so numbered that is published by, or on behalf of,

Standards Australia.

5 Part II (heading)

Repeal the heading, substitute:

Part 3—Commencement of Acts

6 Subsection 3(1)

Repeal the subsection.

Note: The heading to section 3 is replaced by the heading “When Acts come into operation”.

7 Subsection 3(2)

Omit “(2) Where an Act, or any instrument (including any rules

regulations or by-laws) made granted or issued under a power conferred

by an Act,”, substitute “If an Act or a provision of an Act”.

8 After section 3

Insert:

3A Commencement of Acts

(1) This section does not apply to an Act so far as it provides for its

commencement.

(2) An Act (other than an Act to alter the Constitution) commences on

the 28th day after the day on which that Act receives the Royal

Assent.

(3) An Act to alter the Constitution commences on the day on which

that Act receives the Royal Assent.

9 Section 4

Repeal the section, substitute:

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4 Exercise of powers between enactment and commencement of Act

Application of section

(1) This section applies if an Act is enacted and at a time (the start

time) after its enactment the Act will confer power to make an

appointment, or to make an instrument of a legislative or

administrative character (including rules, regulations or by-laws),

because:

(a) the Act will commence at the start time; or

(b) the Act will be amended at the start time by an Act that has

been enacted and that commences at that time.

Exercise of power before start time

(2) The power may be exercised before the start time as if the relevant

commencement had occurred.

(3) Anything may be done before the start time for the purpose of

enabling the exercise of the power, or of bringing the appointment

or instrument into effect, as if the relevant commencement had

occurred.

(4) The exercise of a power under subsection (2) does not confer a

power or right or impose an obligation on a person before the

relevant commencement except so far as is necessary or convenient

for the purpose of:

(a) bringing the appointment or instrument into effect; or

(b) bringing the Act conferring power into operation; or

the start time.

(5) An appointment, or a provision of an instrument, made under

subsection (2) takes effect at the start time or a later time specified

in the appointment or instrument.

One instrument may rely on subsection (2) and existing power

(6) To avoid doubt, a single instrument may be made before the start

time partly under subsection (2) and partly under a power already

conferred by an Act.

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Extended application to provisions of an Act

(7) Subsections (1) to (6) also apply in relation to a provision of an Act

in the same way as they apply in relation to an Act.

10 Section 5

Repeal the section.

11 Section 6

Omit “King’s” (wherever occurring), substitute “Sovereign’s”.

Note: The heading to section 6 is altered by omitting “or proclamation”.

12 Part III (heading)

Repeal the heading, substitute:

Part 4—Amendment, repeal and expiry of Acts

13 Sections 7 to 9

Repeal the sections, substitute:

7 Effect of repeal or amendment of Act

No revival of other Act or part

(1) The repeal of an Act, or of a part of an Act, that repealed an Act

(the old Act) or part (the old part) of an Act does not revive the old

Act or old part, unless express provision is made for the revival.

No effect on previous operation of Act or part

(2) If an Act, or an instrument under an Act, repeals or amends an Act

(the affected Act) or a part of an Act, then the repeal or amendment

does not:

(a) revive anything not in force or existing at the time at which

the repeal or amendment takes effect; or

(b) affect the previous operation of the affected Act or part

(including any amendment made by the affected Act or part),

or anything duly done or suffered under the affected Act or

part; or

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accrued or incurred under the affected Act or part; or

(d) affect any penalty, forfeiture or punishment incurred in

respect of any offence committed against the affected Act or

part; or

(e) affect any investigation, legal proceeding or remedy in

respect of any such right, privilege, obligation, liability,

penalty, forfeiture or punishment.

Any such investigation, legal proceeding or remedy may be

instituted, continued or enforced, and any such penalty, forfeiture

or punishment may be imposed, as if the affected Act or part had

not been repealed or amended.

Note: The Act that makes the repeal or amendment, or provides for the instrument to make the repeal or amendment, may be different from, or the same as, the affected Act or the Act containing the part repealed or amended.

Interpretation

(3) A reference in subsection (1) or (2) to the repeal or amendment of

an Act or of a part of an Act includes a reference to:

(a) a repeal or amendment effected by implication; and

(b) the expiry, lapsing or cessation of effect of the Act or part;

and

(d) the exclusion of the application of the Act or part to any

person, subject-matter or circumstance.

(4) A reference in this section to a part of an Act includes a reference

to any provision of, or words, figures, drawings or symbols in, an

Act.

14 Section 10

Omit “, except so far as the contrary intention appears”.

15 Paragraph 10(b)

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Omit “and, where, in connexion with that reference, particular

provisions of the repealed Act are referred to, being provisions to which

provisions of the re-enacted Act correspond, the reference to those

particular provisions shall be construed as including a reference to those

corresponding provisions”.

16 At the end of section 10

Add:

; and (c) if a provision of the other Act is repealed and re-enacted

(including where the other Act is repealed and re-enacted),

with or without modifications, a reference to the repealed

provision extends to any corresponding re-enacted provision.

17 Section 10A

Omit “, except so far as the contrary intention appears”.

18 Paragraph 10A(b)

Omit “and, where, in connection with that reference, particular

provisions of the repealed law are referred to, being provisions to which

provisions of the re-enacted or re-made law correspond, the reference to

those particular provisions shall be construed as including a reference to

those corresponding provisions”.

19 At the end of section 10A

Add:

; and (c) if a provision of that law is repealed and re-enacted or

re-made (including where that law is repealed and re-enacted

or re-made), with or without modifications, a reference to the

repealed provision extends to any corresponding re-enacted

or re-made provision.

20 Section 11

Repeal the section, substitute:

11 Acts may be altered etc. in same session

An Act may be altered, amended or repealed in the same session of

Parliament in which it was passed.

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11A Inserting definitions into provisions or inserting items into lists

or tables

Inserting definitions

(1) If an amending Act inserts a definition in a provision of the Act

being amended, but does not specify the position in that provision

where it is to be inserted, it is to be inserted in the appropriate

alphabetical position, determined on a letter-by-letter basis.

Inserting items into lists or tables

(2) If:

(a) an amending Act inserts an item into a list or table in a

provision of the Act being amended, but does not specify the

position in the list or table where the item is to be inserted;

and

(b) immediately before the insertion, the list or table was

arranged alphabetically;

the item is inserted in the appropriate alphabetical position,

determined on a letter-by-letter basis.

11B Amending Act to be construed with amended Act

(1) Every Act amending another Act must be construed with the other

Act as part of the other Act.

(2) If:

(a) an Act (the amending Act) amends another Act (the

principal Act); and

(b) a provision (the non-amending provision) of the amending

Act does not amend the principal Act, but relates to an

amendment of the principal Act made by another provision of

the amending Act; and

particular meaning in the principal Act or in a provision of

the principal Act amended or included by the amending Act;

then the term has that meaning in the non-amending provision.

Note: Subsection (2) covers, for example, application, transitional and saving items in a Schedule to an amending Act that relate to amendments of a principal Act made by other items in the Schedule.

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(3) Subsection (2) does not limit subsection (1).

21 Part IV (heading)

Repeal the heading, substitute:

Part 5—General interpretation rules

22 Sections 13 to 15

Repeal the sections, substitute:

13 Material that is part of an Act

(1) All material from and including the first section of an Act to the

end of:

(a) if there are no Schedules to the Act—the last section of the

Act; or

(b) if there are one or more Schedules to the Act—the last

Schedule to the Act;

is part of the Act.

(2) The following are also part of an Act:

(a) the long title of the Act;

(b) any Preamble to the Act;

(d) any heading to a Chapter, Part, Division or Subdivision

appearing before the first section of the Act.

23 Section 15AA

Repeal the section, substitute:

15AA Interpretation best achieving Act’s purpose or object

In interpreting a provision of an Act, the interpretation that would

best achieve the purpose or object of the Act (whether or not that

purpose or object is expressly stated in the Act) is to be preferred

to each other interpretation.

24 Section 15AD

Repeal the section, substitute:

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15AD Examples

If an Act includes an example of the operation of a provision:

(a) the example is not exhaustive; and

(b) the example may extend the operation of the provision.

25 Subsections 15B(1) to (3)

Repeal the subsections, substitute:

Coastal sea of Australia

(1) An Act is taken to have effect in, and in relation to, the coastal sea

of Australia as if that coastal sea were part of Australia.

(2) A reference in an Act to Australia, or to the Commonwealth, is

taken to include a reference to the coastal sea of Australia.

Coastal sea of external Territory

(3) An Act that is in force in an external Territory is taken to have

effect in, and in relation to, the coastal sea of the Territory as if that

coastal sea were part of the Territory.

(3A) A reference in an Act to all or any of the external Territories

(whether or not one or more particular Territories are referred to) is

taken to include a reference to the coastal sea of any Territory to

which the reference relates.

Note: The following heading to subsection 15B(4) is inserted “Definition”.

26 Paragraph 15C(b)

Omit “except so far as the contrary intention appears,”.

27 Part V (heading)

Repeal the heading.

28 Section 16

Omit “unless the contrary intention appears”.

29 Section 16A

Omit “, unless the contrary intention appears,” (wherever occurring).

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30 Section 16B

Omit “, unless the contrary intention appears,”.

31 Subsection 16C(2)

Omit “, unless the contrary intention appears,”.

32 Subsection 16C(3)

Omit “Unless the contrary intention appears, a”, substitute “A”.

33 Sections 17, 17AA and 18

Repeal the sections.

34 Section 18A

Omit “, unless the contrary intention appears,”.

35 Section 18B

Repeal the section, substitute:

18B Titles of Chairs and Deputy Chairs

Chair titles

(1) For the purposes of this section, each of the following is a chair

title:

(a) Chair;

(b) Chairperson;

(d) Chairwoman.

(2) A person occupying an office that is established by an Act and that

has a chair title may choose to be referred to by:

(a) that chair title; or

(b) another chair title; or

(3) If a person occupying an office that is established by an Act and

that has a chair title does not choose to be referred to by a title

mentioned in subsection (2), the person may be referred to by the

chair title that someone addressing the person considers

appropriate.

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Deputy chair titles

(4) For the purposes of this section, each of the following is a deputy

chair title:

(a) Deputy Chair;

(b) Deputy Chairperson;

(d) Deputy Chairwoman.

(5) A person occupying an office that is established by an Act and that

has a deputy chair title may choose to be referred to by:

(a) that deputy chair title; or

(b) another deputy chair title; or

(6) If a person occupying an office that is established by an Act and

that has a deputy chair title does not choose to be referred to by a

title mentioned in subsection (5), the person may be referred to by

the deputy chair title that someone addressing the person considers

appropriate.

36 Section 18C

Repeal the section.

37 Paragraph 19A(1)(ab)

After “Minister”, insert “(including where there is no longer any such

Minister)”.

38 Subsection 19A(1)

Omit “, unless the contrary intention appears,”.

39 Subsection 19A(3)

Repeal the subsection, substitute:

(3) If a provision of an Act:

(a) refers to a Department by using the expression “the

Department” without specifying which Department is

referred to; or

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(b) refers to a particular Department (including where there is no

longer any such Department);

then the reference is a reference to:

different matters—the Department of State of the

Commonwealth that:

(i) deals with the relevant matter; and

(ii) is administered by the Minister or Ministers

administering the provision in respect of that matter; or

(d) in any other case—the Department of State of the

Commonwealth that:

(i) deals with the matters to which the provision relates;

and

(ii) is administered by the Minister or Ministers

administering the provision.

40 Subsections 19B(1), (2) and (3)

Omit “on and from the date of the order or such later date as is specified

in the order”, substitute “on and after the day specified in the order

(which may be a day before the order is made)”.

41 Subsections 19BA(1), (2) and (3)

Omit “on and from the date of the order or such later date as is specified

in the order”, substitute “on and after the day specified in the order

(which may be a day before the order is made)”.

42 Subsection 19BB(2)

Omit “on and from the date of the order under subsection (1) or such

later date as is specified in that order”, substitute “on and after the day

specified in the order under subsection (1) (which may be a day before

that order is made)”.

43 After section 19BC

Insert:

19BD Validity of acts done by Ministers

If a Minister purports to exercise a power or perform a function or

duty that is conferred or imposed on another Minister by an Act,

the exercise of that power or the performance of that function or

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duty is not invalid merely because the power, function or duty is

conferred or imposed on the other Minister.

44 Section 20

Omit “unless the contrary intention appears”.

45 Section 20

After “at any time”, insert “hold or”.

46 Section 20

Omit “said”.

47 Subsection 21(1)

Omit “, unless the contrary intention appears”.

48 Sections 22 to 22C

Repeal the sections.

49 Section 23

Omit “, unless the contrary intention appears”.

50 Section 25

Repeal the section.

51 Subsection 25B(1)

Omit “, unless the contrary intention appears”.

52 Subsection 25B(1A)

Omit “, unless the contrary intention appears,”.

53 Subsection 25B(2)

Omit “, unless the contrary intention appears”.

54 Section 25C

Omit “, unless the contrary intention appears,”.

55 Section 25E

Repeal the section.

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56 Part VI (heading)

Repeal the heading, substitute:

Part 6—Service of documents

57 Sections 26 to 28

Repeal the sections.

58 Subsection 28A(1)

Omit “, unless the contrary intention appears,”.

59 At the end of subsection 28A(1)

Add:

Note: The Electronic Transactions Act 1999 deals with giving information in writing by means of an electronic communication.

60 Subsection 29(1)

Omit “unless the contrary intention appears”.

61 Subsection 29(1)

Omit “prepaying and posting the document as a letter, and unless the

contrary is proved”, substitute “, prepaying and posting the document as

a letter and, unless the contrary is proved,”.

62 Part VII (heading)

Repeal the heading, substitute:

Part 7—Powers, functions and duties

63 Subsection 33(1)

After “a power”, insert “or function”.

Note 1: The heading to section 33 is replaced by the heading “Exercise of powers and performance of functions or duties”.

Note 2: The following heading to subsection 33(1) is inserted “Powers, functions and duties may be exercised or must be performed as the occasion requires”.

64 Subsection 33(1)

Omit “, unless the contrary intention appears,”.

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65 Subsection 33(1)

Omit “duty shall be performed”, substitute “function or duty must be

performed”.

66 Subsections 33(2) and (2AA)

Repeal the subsections.

Note 1: The following heading to subsection 33(2A) is inserted “Meaning of may”.

Note 2: The following heading to subsection 33(2B) is inserted “Powers, functions and duties of bodies not affected by membership vacancies”.

67 Subsection 33(3)

After “instrument” (first occurring), insert “of a legislative or

administrative character”.

Note: The following heading to subsection 33(3) is inserted “Power to make instrument includes power to vary or revoke etc. instrument”.

68 Subsection 33(3)

Omit “, unless the contrary intention appears,”.

69 After subsection 33(3)

Insert:

(3AA) If a condition (the ongoing condition):

(a) must be satisfied before the making, granting or issuing of an

instrument; and

(b) is capable of ceasing to be satisfied after the making, granting

or issuing of the instrument;

subsection (3) has effect, in relation to the repeal, rescission or

revocation of the instrument, as if the reference to like conditions

(to the extent that the reference relates to the ongoing condition)

were a reference to the ongoing condition ceasing to be satisfied.

Example: A Minister may give a person a written permission if, among other things, the Minister is satisfied the person is of good character.

This condition is capable of ceasing to be satisfied after the giving of the permission.

The Minister may repeal, rescind or revoke the permission in the like manner if the Minister ceases to be satisfied that the person is of good character.

70 Subsection 33(3A)

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After “instrument” (first occurring), insert “of a legislative or

administrative character”.

Note: The following heading to subsection 33(3A) is inserted “Scope of powers in respect of matters”.

71 After subsection 33(3A)

Insert:

(3AB) If an Act confers on a person or authority the power to make an

instrument (except a legislative instrument or a rule of court):

(a) specifying, declaring or prescribing a matter; or

(b) doing anything in relation to a matter;

then, in exercising the power, the person or authority may identify

the matter by reference to a class or classes of matters.

Note: This provision has a parallel, in relation to legislative instruments, in section 13 of the Legislative Instruments Act 2003.

(3AC) For the purposes of subsections (3A) and (3AB), matter includes

thing, person and animal.

72 Subsection 33(3B)

After “instrument”, insert “of a legislative or administrative character”.

73 Subsection 33(4)

Omit “, unless the contrary intention appears,” (wherever occurring).

Note: The following heading to subsection 33(4) is inserted “Power to make appointment to an office or place”.

74 Subsection 33(4A)

Repeal the subsection.

Note: The following heading to subsection 33(5) is inserted “Power to make instrument prescribing penalties”.

75 After section 33

Insert:

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33AA Power to appoint includes power to reappoint

If an Act confers on a person or body a power to make an

appointment, the power is taken to include a power of

reappointment.

33AB Validity of things done under appointments under Acts

Anything done by or in relation to a person purporting to act under

an appointment (including an acting appointment) under an Act is

not invalid merely because:

(a) for any appointment—the occasion for the appointment had

not arisen; or

(b) for any appointment—there was a defect or irregularity in

connection with the appointment; or

effect; or

(d) for an acting appointment—the occasion to act had not arisen

or had ceased.

76 Subsection 33A(2)

Repeal the subsection, substitute:

Acting by operation of law

(2) If a provision of an Act provides for a person to act in a particular

office (without the need for an appointment), then, except so far as

the Act otherwise provides, while the person is acting in the office:

(a) the person has and may exercise all the powers, and must

perform all the functions and duties, of the holder of the

office; and

(b) the Act or any other Act applies in relation to the person as if

the person were the holder of the office.

(3) Anything done by or in relation to a person purporting to act in the

office mentioned in subsection (2) is not invalid merely because

the occasion to act had not arisen or had ceased.

Definition

(4) In this section:

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office includes a position occupied by an APS employee.

Note 1: The heading to section 33A is replaced by the heading “Acting in offices or positions”.

Note 2: The following heading to subsection 33A(1) is inserted “Acting appointments”.

77 At the end of subsection 33B(3)

Add “and to form part of any quorum for the meeting”.

78 Subsection 33B(4)

Repeal the subsection, substitute:

(4) The members of a body participating in a meeting for which a

permission under subsection (2) is in effect may all participate by a

means of communication referred to in that subsection.

(5) A meeting for which a permission under subsection (2) is in effect

may be held at 2 or more places at the same time.

79 Section 34

After “oath”, insert “or affirmation”.

Note: The heading to section 34 is replaced by the heading “Power to hear and determine a matter includes power to receive evidence and examine witnesses etc.”.

80 After section 34

Insert:

34AAA Exercise of powers etc. by holders etc. of offices or positions

If an Act confers a power or function or imposes a duty on a person

holding or occupying an office or position as such, then the power

may be exercised or the function or duty must be performed by the

person for the time being holding or occupying the office or

position.

81 Before section 34AA

Insert:

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34AAB Minister may authorise others to perform functions or

duties or exercise powers on his or her behalf

(1) A Minister (the authorising Minister) who administers (whether

alone or jointly with one or more other Ministers) an Act or a

provision of an Act may authorise:

(a) a Minister who does not administer the Act or provision; or

(b) a member of the Executive Council who is not a Minister;

to act on behalf of the authorising Minister in the performance of

functions or duties, or the exercise of powers, that the authorising

Minister may perform or exercise under the Act or provision.

(2) An authorisation under subsection (1) in relation to an Act or a

provision of an Act extends to the performance of functions or

duties, or the exercise of powers, that the authorising Minister may

perform or exercise under an instrument (including a regulation,

rule or Proclamation) having effect under or for the purposes of the

Act or provision.

(3) Subject to subsection (4), an authorisation under subsection (1)

may be expressed:

(a) to have effect only during a period or periods, or during the

existence of a circumstance or circumstances, referred to in

the authorisation; or

(b) to take effect immediately, or at a time referred to in the

authorisation, and afterwards to continue to have effect until

another person is appointed to the office held by the

authorising Minister.

(4) An authorisation under subsection (1) may be revoked at any time

by the authorising Minister.

(5) An authorisation under subsection (1), and the revocation of such

an authorisation, must be in writing.

(6) This section does not affect the giving, under a power existing

apart from this section, of an authorisation to a Minister or other

member of the Executive Council to act on behalf of another

Minister.

82 Section 34AA

After “a function”, insert “, duty”.

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Note: The heading to section 34AA is replaced by the heading “Delegation to persons holding, occupying or performing the duties of an office or position”.

83 Section 34AA

Omit “, unless the contrary intention appears,”.

84 Section 34AA

After “delegating the function”, insert “, duty”.

85 Section 34AA

After “delegate the function”, insert “, duty”.

86 Section 34AB

Before “Where”, insert “(1)”.

Note: The following heading to subsection 34AB(1) is inserted “General”.

87 Section 34AB

After “delegate a function”, insert “, duty”.

88 Paragraphs 34AB(c) and (d)

After “a function”, insert “, duty”.

89 At the end of section 34AB

Add:

Addition of functions, duties or powers

(2) If:

(a) a person (the delegator) or body (also the delegator)

delegates all the person’s or body’s functions, duties or

powers under an Act, or a provision of an Act, to another

person or body; and

(b) the Act is amended to give the delegator one or more

additional functions, duties or powers under the Act or

provision; and

takes effect;

then, on and after the amendment taking effect, the delegation is

taken to include the additional functions, duties or powers.

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Alteration of functions, duties or powers

(3) If:

(a) a person or body delegates one or more of the person’s or

body’s functions, duties or powers under an Act, or a

provision of an Act, to another person or body; and

(b) the Act is amended to alter the scope of one or more of those

functions, duties or powers under the Act or provision; and

takes effect;

then, on and after the amendment taking effect, the delegation is

taken to include the functions, duties or powers as altered.

90 Section 34A

Repeal the section, substitute:

34A Exercise of powers and performance of functions or duties that

depend upon the opinion etc. of delegates

If:

(a) under an Act, a person’s exercise of a power, or a person’s

performance of a function or duty, is dependent upon the

person’s opinion, belief or state of mind in relation to a

matter; and

(b) that power, function or duty has been delegated under that or

any other Act;

the delegate may exercise that power, or may perform that function

or duty, upon the delegate’s opinion, belief or state of mind in

relation to that matter.

91 Part VIII (heading)

Repeal the heading, substitute:

Part 8—Distance, time and age

92 Section 35

Omit “, unless the contrary intention appears,”.

93 Section 36

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Repeal the section, substitute:

36 Calculating time

(1) A period of time referred to in an Act that is of a kind mentioned in

column 1 of an item in the following table is to be calculated

according to the rule mentioned in column 2 of that item:

Calculating periods of time

Column 1 Column 2

Item If the period of time: then the period of time:

1 is expressed to occur between 2 days includes both days.

2 is expressed to begin at, on or with a includes that day.

specified day

3 is expressed to continue until a includes that day.

specified day

4 is expressed to end at, on or with a includes that day.

specified day

5 is expressed to begin from a specified does not include that day.

day

6 is expressed to begin after a specified does not include that day.

day

7 is expressed to end before a specified does not include that day.

day

Example 1: If a claim may be made between 1 September and 30 November, a claim may be made on both 1 September and 30 November.

Example 2: If a permission begins on the first day of a financial year, the permission is in force on that day.

Example 3: If a licence continues until 31 March, the licence is valid up to and including 31 March.

Example 4: If a person’s right to make submissions ends on the last day of a financial year, the person may make submissions on that day.

Example 5: If a variation of an agreement is expressed to operate from 30 June, the variation starts to operate on 1 July.

Example 6: If a decision is made on 2 August and a person has 28 days after the day the decision is made to seek a review of the decision, the 28-day period begins on 3 August.

Example 7: If a person must give a notice to another person at any time during the period of 7 days before the day a proceeding starts and the proceeding

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starts on 8 May, the notice may be given at any time during the 7-day period starting on 1 May and ending on 7 May.

(2) If:

(a) an Act requires or allows a thing to be done; and

(b) the last day for doing the thing is a Saturday, a Sunday or a

holiday;

then the thing may be done on the next day that is not a Saturday, a

Sunday or a holiday.

Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April.

(3) In this section:

holiday, in relation to the time for doing a thing, means:

(a) a day that is a public holiday in the place in which the thing

is to be or may be done; and

(b) if the thing is to be or may be done at a particular office or

other place—a day on which the place or office is closed for

the whole day.

94 Section 37

Omit “standard or”.

95 At the end of Part VIII

Add:

37A Attainment of particular age

For the purposes of any Act, the time at which a person attains a

particular age expressed in years is the commencement of the

relevant anniversary of the date of the birth of that person.

96 Part IX (heading)

Repeal the heading, substitute:

Part 9—Citation of Acts

97 At the end of section 38

Add:

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(4) An Act passed by the legislature of a Territory may be referred to

by the term “Territory Act”.

98 Section 39

Omit “King’s”, substitute “Sovereign’s”.

99 At the end of subsection 40(1)

Add:

; and (d) any Territory Act may be cited by a reference to the Territory

by whose legislature the Act was passed, together with such

mode of reference as is sufficient in Acts passed by that

legislature.

100 Subsection 40(2)

Omit “or State Act”, substitute “, State Act or Territory Act”.

101 Subsections 40(3) and (4)

Repeal the subsections.

102 Part XI (heading)

Repeal the heading, substitute:

Part 10—Non-legislative instruments and

resolutions

103 Subsection 46(1)

Omit “, unless the contrary intention appears”.

104 Paragraphs 46(1)(b) and (c)

After “legislation”, insert “as in force from time to time”.

105 Subsection 46(2)

Omit “subsection (1)”, substitute “this subsection”.

106 Subsection 46(3)

Repeal the subsection (not including the note).

107 Subsection 46AA(1)

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Omit “, unless the contrary intention appears,”.

108 Subsection 46AA(2)

Omit “Unless the contrary intention appears, the”, substitute “The”.

109 Section 47

Omit “, unless the contrary intention appears,”.

110 Part XII (heading)

Repeal the heading, substitute:

Part 11—Regulations

Legislative Instruments Act 2003

111 Paragraphs 13(1)(b) and (c)

After “legislation”, insert “as in force from time to time”.

112 Subsection 13(2)

Omit “subsection (1)”, substitute “this subsection”.

113 Subsection 13(3)

Omit “or thing” (wherever occurring).

114 Subsection 13(3)

Omit “or things”.

115 At the end of section 13 (before the note)

Add:

(4) For the purposes of subsection (3), matter includes thing, person

and animal.

116 Section 13 (note)

Omit “section 46”, substitute “subsection 33(3AB) and section 46”.

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Schedule 2 Consequential amendments

Schedule 2—Consequential amendments

Aboriginal and Torres Strait Islander Act 2005

1 At the end of subsection 143M(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

2 Subsection 143M(5)

Repeal the subsection.

3 Subsection 144F(4)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

4 Subsection 144F(5)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

5 Subsection 144L(1)

Omit “(1)”.

6 At the end of subsection 144L(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

7 Subsection 144L(2)

Repeal the subsection.

8 Subsection 144ZP(1)

Omit “(1)”.

9 At the end of subsection 144ZP(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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10 Subsection 144ZP(2)

Repeal the subsection.

11 At the end of subsection 162(1)

Add:

Note: For rules that apply to persons acting as the Indigenous Business Australia Chairperson, see section 33A of the Acts Interpretation Act 1901.

12 At the end of subsections 162(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

13 Subsection 162(5)

Repeal the subsection.

14 Subsection 172(1)

Omit “(1)”.

15 At the end of subsection 172(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

16 Subsection 172(2)

Repeal the subsection.

17 Subsection 190(3)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

18 Subsection 190(4)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

19 At the end of subsection 192E(1)

Add:

Note: For rules that apply to persons acting as the Indigenous Land Corporation Chairperson, see section 33A of the Acts Interpretation Act 1901.

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20 At the end of subsections 192E(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

21 Subsection 192E(5)

Repeal the subsection.

22 Subsection 192P(1)

Omit “(1)”.

Note: The heading to subsection 192P(1) is deleted.

23 At the end of subsection 192P(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

24 Subsection 192P(2)

Repeal the subsection.

25 Subsection 200C(2) (note 1)

Omit “section 17AA”, substitute “section 2B”.

Aboriginal Land Rights (Northern Territory) Act 1976

26 Section 3AAA (note)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

27 Subsection 3AA(1) (note)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

28 Subsection 20J(1)

Omit “(1)”.

29 Subsection 20J(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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30 Subsection 20J(2)

Repeal the subsection.

31 Subsection 28D(2)

Omit “paragraph 34AB(d)”, substitute “paragraph 34AB(1)(d)”.

Administrative Appeals Tribunal Act 1975

32 Subsection 24M(1)

Omit “(1)”.

33 At the end of subsection 24M(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

34 Subsections 24M(2) and (3)

Repeal the subsections.

Admiralty Act 1988

35 Subsection 41(5)

Repeal the subsection.

Aged Care Act 1997

36 Paragraph 22-5(2)(a)

Omit “*business days”, substitute “business days”.

37 Subsection 39-4(2)

Omit “*business days”, substitute “business days”.

38 Subsection 44-11(1) (paragraph (aa) of the definition of member of a couple)

Omit “section 22B”, substitute “section 2E”.

39 Subparagraph 91-1(1)(a)(ii)

Omit “*business day”, substitute “business day”.

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40 Subsection 95A-3(1)

Omit “(1)”.

41 At the end of subsection 95A-3(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

42 Subsection 95A-3(2)

Repeal the subsection.

43 Clause 1 of Schedule 1 (definition of business day)

Repeal the definition.

Agricultural and Veterinary Chemical Products (Collection

of Levy) Act 1994

44 Subsection 3(1) (definition of document)

Repeal the definition.

Agricultural and Veterinary Chemicals Act 1994

45 Subsection 3(3)

Omit “subsection 22(3)”, substitute “section 2H”.

Agricultural and Veterinary Chemicals (Administration) Act

1992

46 Section 18 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

47 At the end of subsection 43(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

48 Subsection 43(5)

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Consequential amendments Schedule 2

Repeal the subsection.

Agricultural and Veterinary Chemicals Code Act 1994

49 Section 9

Omit “subsection 13(2)”, substitute “subsection 13(1)”.

50 Subsection 3(1) of the Code set out in the Schedule (definition of document)

Repeal the definition.

51 Subparagraph 56D(5)(a)(viii) of the Code set out in the Schedule

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

Air Navigation Act 1920

52 Subsection 11A(4) (definition of Australian citizen)

Repeal the definition.

Airports Act 1996

53 Subsection 71(8)

Omit “Australian Standard AS2021—1994”, substitute “Australian

Standard AS 2021—2000”.

54 Subsection 89(4) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

55 Subsection 91(6)

Omit “Australian Standard AS2021—1994”, substitute “Australian

Standard AS 2021—2000”.

56 Paragraph 100(2)(d)

Omit “the Standards Association of Australia”, substitute “Standards

Australia”.

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57 Paragraph 107(2)(d)

Omit “the Standards Association of Australia”, substitute “Standards

Australia”.

58 Subsection 132(3A)

Omit “the Standards Association of Australia”, substitute “Standards

Australia”.

59 Subsection 133(3A)

Omit “the Standards Association of Australia”, substitute “Standards

Australia”.

Airports (Transitional) Act 1996

60 Subsection 55(3)

Repeal the subsection.

Air Services Act 1995

61 At the end of subsections 33(1), (3) and (4)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

62 Subsection 33(5)

Repeal the subsection.

63 At the end of subsection 41(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

64 Subsection 41(4)

Repeal the subsection.

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A New Tax System (Medicare Levy Surcharge—Fringe

Benefits) Act 1999

65 Paragraph 7(1)(a)

Omit “section 22B”, substitute “section 2E”.

Antarctic Treaty (Environment Protection) Act 1980

66 Subsection 3(1) (definition of continental shelf)

Repeal the definition.

Anti-Money Laundering and Counter-Terrorism Financing

Act 2006

67 Subsection 164(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

68 Subsection 214(3) (note)

Repeal the note, substitute:

Note: The AUSTRAC CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

69 Subsection 221(1)

Omit “(1)”.

70 At the end of subsection 221(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

71 Subsection 221(2)

Repeal the subsection.

72 Paragraph 249(b)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

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Anti-Personnel Mines Convention Act 1998

73 Subsection 8(1) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

74 Subsections 13(3) and (4) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

Archives Act 1983

75 Subsection 3(1) (note at the end of the definition of record)

Omit “section 25”, substitute “section 2B”.

76 Subsection 3C(1) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Auditor-General Act 1997

77 Subsection 56(3) (definition of modifications)

Repeal the definition.

78 At the end of subclause 7(1) of Schedule 1

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

79 Subclause 7(2) of Schedule 1

Repeal the subclause.

80 Subclause 7(3) of Schedule 1 (note)

Repeal the note.

81 Subclause 6(1) of Schedule 2

Omit “(1)”.

82 At the end of subclause 6(1) of Schedule 2

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

83 Subclause 6(2) of Schedule 2

Repeal the subclause.

AusCheck Act 2007

84 Subsection 4(1) (note at the end of the definition of AusCheck staff member)

Omit “section 17AA”, substitute “section 2B”.

85 Subsection 12(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Australia Council Act 1975

86 Subsection 15(1)

Omit “Subject to subsection (2), the”, substitute “The”.

87 At the end of subsection 15(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

88 Subsection 15(2)

Repeal the subsection.

89 At the end of subsection 15(3)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

90 Subsections 15(4), (5) and (7)

Repeal the subsections.

91 Subsection 19E(1)

Omit “(1)”.

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92 Paragraph 19E(1)(b)

Omit “General Manager;”, substitute “General Manager.”.

93 Subsection 19E(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

94 At the end of subsection 19E(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

95 Subsections 19E(2) to (6)

Repeal the subsections.

96 Paragraph 28(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

97 Subsection 28(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

98 At the end of subsection 28(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

99 Subsections 28(2) to (4) and (7)

Repeal the subsections.

Australian Astronomical Observatory Act 2010

100 Subsection 9(2) (note 2)

Omit “section 17AA”, substitute “section 2B”.

101 Subsection 10(1)

Omit “(1)”.

102 Subsection 10(1) (note)

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Omit “Note”, substitute “Note 1”.

103 Subsection 10(1) (note)

Omit “section 17AA”, substitute “section 2B”.

104 At the end of subsection 10(1)

Add:

Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

105 Subsection 10(2)

Repeal the subsection.

106 Subsection 15(2) (note)

Repeal the note, substitute:

Note: An Advisory Committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Australian Broadcasting Corporation Act 1983

107 Subsection 19(1)

Omit “(1)”.

108 At the end of subsection 19(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

109 Subsections 19(2), (3) and (4)

Repeal the subsections.

110 Paragraph 20(1)(b)

Omit “office;”, substitute “office.”.

111 Subsection 20(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

112 At the end of subsection 20(1)

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Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

113 Subsections 20(2), (5), (7) and (9)

Repeal the subsections.

114 At the end of subsection 21(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

115 Subsections 21(4), (5) and (6)

Repeal the subsections.

Australian Bureau of Statistics Act 1975

116 Subsection 15(1)

Omit “, but a person so appointed to act during a vacancy shall not

continue so to act for more than 12 months”.

117 At the end of subsection 15(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

118 Subsections 15(2), (3), (5) and (6)

Repeal the subsections.

Australian Capital Territory Government Service

(Consequential Provisions) Act 1994

119 Subsection 23(2)

Omit “section 8”, substitute “section 7”.

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Australian Capital Territory (Planning and Land

Management) Act 1988

120 At the end of subsections 37(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

121 Subsections 37(4) and (5)

Repeal the subsections.

Australian Centre for International Agricultural Research

Act 1982

122 Subsection 14(1)

Omit “(1)”.

123 Subsection 14(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

124 Subsection 14(2)

Repeal the subsection.

125 Subsection 29(1)

Omit “(1)”.

126 Subsection 29(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

127 Subsection 29(2)

Repeal the subsection.

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Australian Centre for Renewable Energy Act 2010

128 Section 9 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

129 At the end of subsection 10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

130 Subsection 10(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

131 Subsection 10(3)

Repeal the subsection.

Australian Communications and Media Authority Act 2005

132 Paragraph 8(1)(e)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

133 Paragraph 9(d)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

134 At the end of subsections 23(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

135 Subsection 23(3)

Repeal the subsection.

136 Subsection 26(1)

Omit “(1)”.

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137 At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

138 Subsection 26(2)

Repeal the subsection.

Australian Crime Commission Act 2002

139 Subsection 46(1)

Omit “(1)”.

140 At the end of subsection 46(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

141 Subsection 46(2)

Repeal the subsection.

Australian Curriculum, Assessment and Reporting Authority

Act 2008

142 Subsection 14(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

143 At the end of subsection 15(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

144 Subsections 15(2) and (3)

Repeal the subsections.

145 At the end of subsection 15(4)

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

146 Subsection 15(5)

Repeal the subsection.

147 Subsection 25(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

148 Subsection 26(1)

Omit “(1)”.

149 At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

150 Subsection 26(2)

Repeal the subsection.

Australian Federal Police Act 1979

151 Subsection 18(1)

Omit “, but a person so appointed shall not continue so to act for more

than 12 months”.

152 At the end of subsection 18(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

153 Subsections 18(3), (4) and (5)

Repeal the subsections.

Australian Film, Television and Radio School Act 1973

154 At the end of subsection 31(1)

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

155 Subsections 31(3) to (7)

Repeal the subsections.

Australian Hearing Services Act 1991

156 Subsections 8(4), (5), (6), (7) and (8) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

157 At the end of subsections 32(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

158 Subsections 32(3) and (4)

Repeal the subsections.

159 Paragraph 48(1)(b)

Omit “office;”, substitute “office.”.

160 Subsection 48(1)

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

161 At the end of subsection 48(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

162 Subsection 48(4)

Repeal the subsection.

Australian Human Rights Commission Act 1986

163 At the end of subsections 36(2) and (3)

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

164 Subsection 36(10)

Repeal the subsection.

165 Subsection 46J(1)

Omit “(1)”.

166 At the end of subsection 46J(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

167 Subsection 46J(2)

Repeal the subsection.

Australian Information Commissioner Act 2010

168 Subsection 14(4) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

169 At the end of subsection 21(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

170 Subsections 21(2) and (4)

Repeal the subsections.

Australian Institute of Aboriginal and Torres Strait Islander

Studies Act 1989

171 At the end of subsection 18(1)

Add:

Note: For rules that apply to persons acting as the Council Chairperson, see section 33A of the Acts Interpretation Act 1901.

172 At the end of subsections 18(2) and (5)

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Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

173 Subsection 18(7)

Repeal the subsection.

Australian Institute of Health and Welfare Act 1987

174 Subsection 9(1)

Omit “(1)”.

175 Paragraph 9(1)(b)

Omit “office;”, substitute “office.”.

176 Subsection 9(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

177 At the end of subsection 9(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

178 Subsections 9(2) to (7)

Repeal the subsections.

Australian Institute of Marine Science Act 1972

179 Subsection 30(1)

Omit “(1)”.

180 Paragraph 30(1)(b)

Omit “office;”, substitute “office.”.

181 Subsection 30(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

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Schedule 2 Consequential amendments

182 At the end of subsection 30(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

183 Subsections 30(2) to (7)

Repeal the subsections.

Australian Law Reform Commission Act 1996

184 At the end of subsections 13(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

185 Subsection 13(4)

Repeal the subsection.

186 Subsection 14(1)

Omit “(1)”.

187 At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

188 Subsection 14(2)

Repeal the subsection.

Australian Maritime Safety Authority Act 1990

189 At the end of subsections 18(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

190 Subsections 18(5) and (6)

Repeal the subsections.

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191 Paragraph 54(1)(b)

Omit “office;”, substitute “office.”.

192 Subsection 54(1)

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

193 At the end of subsection 54(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

194 Subsection 54(4)

Repeal the subsection.

Australian National Maritime Museum Act 1990

195 Subsection 3(1) (definition of continental shelf)

Repeal the definition.

196 At the end of subsections 18(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

197 Subsections 18(3) and (4)

Repeal the subsections.

198 Subsection 38(1)

Omit “(1)”.

199 Paragraph 38(1)(b)

Omit “Director;”, substitute “Director.”.

200 Subsection 38(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

201 At the end of subsection 38(1)

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Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

202 Subsection 38(2)

Repeal the subsection.

Australian National University Act 1991

203 Subsection 37(1)

Omit “(1)”.

204 Paragraph 37(1)(b)

Omit “office;”, substitute “office.”.

205 Subsection 37(1)

Omit “but a person appointed to act during a vacancy may not continue

so to act for more than 12 months.”.

206 At the end of subsection 37(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

207 Subsection 37(2)

Repeal the subsection.

Australian Nuclear Science and Technology Organisation

Act 1987

208 At the end of subsection 17(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

209 Paragraph 17(2)(b)

Omit “Deputy Chairperson;”, substitute “Deputy Chairperson.”.

210 Subsection 17(2)

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Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

211 At the end of subsection 17(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

212 Subsections 17(3), (4) and (6) to (8)

Repeal the subsections.

213 Paragraph 23(1)(b)

Omit “office;”, substitute “office.”.

214 Subsection 23(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

215 At the end of subsection 23(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

216 Subsections 23(2), (5), (7) and (8)

Repeal the subsections.

Australian Organ and Tissue Donation and Transplantation

Authority Act 2008

217 Section 15 (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

218 Subsection 16(1)

Omit “(1)”.

219 At the end of subsection 16(1)

Add:

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Schedule 2 Consequential amendments

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

220 Subsection 16(2)

Repeal the subsection.

221 Subsection 34(3) (note)

Repeal the note, substitute:

Note: An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

222 At the end of subsection 36(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

223 Subsection 36(3)

Repeal the subsection.

224 At the end of subsection 37(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

225 Subsection 37(3)

Repeal the subsection.

226 Subsection 46(2) (note)

Repeal the note, substitute:

Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Australian Passports Act 2005

227 Subparagraph 53(3)(ca)(i)

Omit “section 22B”, substitute “section 2E”.

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Consequential amendments Schedule 2

Australian Postal Corporation Act 1989

228 At the end of subsections 82(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

229 Subsection 82(3)

Repeal the subsection.

230 Subsection 88(1)

Omit “(1)”.

231 At the end of subsection 88(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

232 Subsection 88(3)

Repeal the subsection.

233 Section 90E (definition of business day)

Repeal the definition.

Australian Prudential Regulation Authority Act 1998

234 At the end of subsections 19(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

235 Subsection 19(5)

Repeal the subsection.

Australian Radiation Protection and Nuclear Safety Act 1998

236 Subsection 53(1)

Omit “(1)”.

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Schedule 2 Consequential amendments

237 At the end of subsection 53(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

238 Subsection 53(2)

Repeal the subsection.

Australian Research Council Act 2001

239 Subsection 35(1)

Omit “(1)”.

240 At the end of subsection 35(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

241 Subsection 35(2)

Repeal the subsection.

Australian Security Intelligence Organisation Act 1979

242 Subsection 34G(5) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Australian Sports Anti-Doping Authority Act 2006

243 Section 24B (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

244 Subsection 24C(1)

Omit “(1)”.

245 At the end of subsection 24C(1)

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

246 Subsection 24C(2)

Repeal the subsection.

247 Subsection 27(1) (note)

Repeal the note, substitute:

Note: An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

248 Section 28 (note)

Repeal the note, substitute:

Note: An Advisory Group member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

249 At the end of subsections 29(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

250 Subsection 29(4)

Repeal the subsection.

251 Section 44 (note)

Repeal the note, substitute:

Note: An ADRVP member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

252 At the end of subsections 45(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

253 Subsection 45(3)

Repeal the subsection.

254 Subsection 54(1) (note)

Repeal the note, substitute:

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Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

255 Section 55 (note)

Repeal the note, substitute:

Note: An ASDMAC member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

256 At the end of subsections 56(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

257 Subsection 56(4)

Repeal the subsection.

258 Section 69 (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

Australian Sports Commission Act 1989

259 Paragraph 20(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

260 Subsection 20(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

261 At the end of subsection 20(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

262 Paragraph 20(2)(b)

Omit “Deputy Chairperson;”, substitute “Deputy Chairperson.”.

263 Subsection 20(2)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

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264 At the end of subsection 20(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

265 Paragraph 20(3)(b)

Omit “member;”, substitute “member.”.

266 Subsection 20(3)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

267 At the end of subsection 20(3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

268 Subsection 20(4)

Repeal the subsection.

269 Subsection 39(1)

Omit “(1)”.

270 Paragraph 39(1)(b)

Omit “office;”, substitute “office.”.

271 Subsection 39(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

272 At the end of subsection 39(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

273 Subsection 39(2)

Repeal the subsection.

274 Subsection 54(1)

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Omit “and 26”, substitute “, 26 and 39”.

275 Subsection 54(1)

Omit “, 30(1) and 39(1)”, substitute “and 30(1)”.

276 Subsection 54(1)

Omit “subsection 39(1) as that subsection”, substitute “section 39 as

that section”.

Australian Trade Commission Act 1985

277 Subsection 56(1)

Omit “(1)”.

278 Subsection 56(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

279 Subsection 56(2)

Repeal the subsection.

Australian War Memorial Act 1980

280 Subsection 26(1)

Omit “(1)”.

281 Paragraph 26(1)(b)

Omit “office;”, substitute “office.”.

282 Subsection 26(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

283 At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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284 Subsections 26(2) to (8)

Repeal the subsections.

Banking Act 1959

285 Subsection 6A(1)

Omit “(1)”.

286 Subsection 6A(1)

Omit “, other than subsection (2),”.

287 Subsection 6A(2)

Repeal the subsection.

288 Subsection 16AG(3) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Bankruptcy Act 1966

289 At the end of subsections 17(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

290 Subsection 17(7)

Repeal the subsection.

291 Section 185 (definition of insolvent under administration)

Repeal the definition.

Bills of Exchange Act 1909

292 Paragraph 19(2)(d)

Repeal the paragraph, substitute:

(d) The term month in a bill means a period starting at the start

of any day of one of the calendar months and ending:

(i) immediately before the start of the corresponding day of

the next calendar month; or

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(ii) if there is no such day—at the end of the next calendar

month.

Broadcasting Services Act 1992

293 Subsection 6(1) (definition of business day)

Repeal the definition.

294 Subsections 146C(1) and (2) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

295 Subsections 146CA(1) and (2) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

296 Subsection 212B(6) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

297 Subclauses 6(9), (10) and (21) of Schedule 4 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

298 Subclauses 19(9), (10) and (21) of Schedule 4 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

299 Subclause 8(2) of Schedule 5 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

300 Subclause 40(5) of Schedule 5 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

301 Clause 50 of Schedule 5 (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

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302 Subclause 60(4) of Schedule 5 (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

303 Subclause 60(5) of Schedule 5 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

304 Subclauses 91(2), (4) and (5) of Schedule 5 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

305 Subclause 3(7) of Schedule 6 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

306 Subclause 4(7) of Schedule 6 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

307 Subclause 13(8) of Schedule 6 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

308 Subclause 15(8) of Schedule 6 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

309 Subclause 21(8) of Schedule 6 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

310 Subclause 27(1) of Schedule 6 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

311 Subclause 27(8) of Schedule 7

Repeal the subclause.

312 Subclause 31(7) of Schedule 7

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Repeal the subclause.

313 Clause 55 of Schedule 7 (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Building and Construction Industry Improvement Act 2005

314 Subsection 7(3)

Repeal the subsection.

315 Subsection 16(1)

Omit “(1)”.

316 At the end of subsection 16(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

317 Subsection 16(2)

Repeal the subsection.

Cancer Australia Act 2006

318 Subsection 16(1)

Omit “(1)”.

319 At the end of subsection 16(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

320 Subsection 16(2)

Repeal the subsection.

321 At the end of subsections 29(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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322 Subsection 29(3)

Repeal the subsection.

Chemical Weapons (Prohibition) Act 1994

323 Subsection 8B(3) (note)

Omit “section 46 of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

324 Subsection 10(9) (note)

Omit “section 46 of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

Child Support (Assessment) Act 1989

325 Subsection 5(1) (paragraph (c) of the definition of member of a couple)

Omit “section 22B”, substitute “section 2E”.

326 Subsection 5(1) (definition of named month)

Repeal the definition.

327 Subsection 7A(1) (note)

Omit “Subsections (6), (7), (8) and (9)”, substitute “Subsections (5) to

(8)”.

328 Subsection 7A(1) (note)

Omit “or definitive”.

329 Paragraph 7A(3)(b)

Omit “named month”, substitute “calendar month”.

330 Subsection 34A(2)

Omit “named month” (wherever occurring), substitute “calendar

month”.

331 Paragraphs 34A(3)(b) and (c)

Omit “named month”, substitute “calendar month”.

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332 Section 78

Omit “month” (wherever occurring), substitute “calendar month”.

333 Subsection 163A(5) (paragraph (b) of the definition of de facto relationship)

Omit “section 22B”, substitute “section 2E”.

Child Support (Registration and Collection) Act 1988

334 Subsection 4(1) (definition of closing day)

Omit “month” (wherever occurring), substitute “calendar month”.

335 Subsection 4(1) (definition of month)

Repeal the definition.

336 Subsection 26A(3) (example)

Omit “month”, substitute “calendar month or a month”.

337 Subsection 26B(4) (example 2)

Omit “calendar”.

338 Subsection 44(10)

Omit “one month”, substitute “one calendar month or one month”.

339 Section 47

Omit “month” (wherever occurring), substitute “calendar month”.

340 Paragraphs 53(a), (b) and (c)

Omit “month”, substitute “calendar month”.

341 Subsection 65A(3) (example 2)

Omit “calendar”.

342 Subsection 66(1)

Omit “month”, substitute “calendar month”.

343 Subsection 67(1AA)

Omit “month”, substitute “calendar month”.

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344 Subsection 71AA(4) (example)

Omit “month” (wherever occurring), substitute “calendar month”.

345 Subsection 76(1)

Omit “each month”, substitute “each calendar month”.

346 Paragraph 76(1)(a)

Omit “the month”, substitute “the calendar month”.

347 Paragraphs 77(a) and (b)

Omit “month”, substitute “calendar month”.

348 Section 78

Omit “month” (wherever occurring), substitute “calendar month”.

Civil Aviation Act 1988

349 Section 55 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

350 Subsection 62(1)

Omit “(1)”.

351 At the end of subsection 62(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

352 Subsection 62(2)

Repeal the subsection.

353 Subsection 63(1)

Omit “(1)”.

354 At the end of subsection 63(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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355 Subsection 63(2)

Repeal the subsection.

356 Subsection 74(1) (note)

Repeal the note, substitute:

Note: The Director may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

357 Subsection 82(1)

Omit “(1)”.

358 At the end of subsection 82(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

359 Subsection 82(2)

Repeal the subsection.

Civil Aviation (Carriers’ Liability) Act 1959

360 Subsection 5(1) (definition of Australian citizen)

Repeal the definition.

361 Subsection 25(2)

Omit “and the provisions of section 8 of the Acts Interpretation Act

1901 shall apply as if this Part had been repealed by an Act other than

this Act”.

Classification (Publications, Films and Computer Games)

Act 1995

362 At the end of subsection 66(1)

Add:

Note: For rules that apply to persons acting as the Director, see section 33A of the Acts Interpretation Act 1901.

363 At the end of subsection 66(2)

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Add:

Note: For rules that apply to acting appointments of the Director, see section 33A of the Acts Interpretation Act 1901.

364 At the end of subsection 66(3)

Add:

Note: For rules that apply to acting appointments of members, see section 33A of the Acts Interpretation Act 1901.

365 Subsection 66(4)

Repeal the subsection.

366 At the end of subsection 84(1)

Add:

Note: For rules that apply to persons acting as the Convenor, see section 33A of the Acts Interpretation Act 1901.

367 At the end of subsection 84(2)

Add:

Note: For rules that apply to acting appointments of the Convenor, see section 33A of the Acts Interpretation Act 1901.

368 At the end of subsection 84(3)

Add:

Note: For rules that apply to acting appointments of members of the Review Board, see section 33A of the Acts Interpretation Act 1901.

369 Subsection 84(4)

Repeal the subsection.

COAG Reform Fund Act 2008

370 Subsection 8(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Coal Mining Industry (Long Service Leave Funding) Act

1992

371 At the end of subsection 31(1)

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Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

372 At the end of subsection 31(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

373 Subsection 31(5)

Repeal the subsection.

374 At the end of subsection 32(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

375 Subsection 32(3)

Repeal the subsection.

Commonwealth Authorities and Companies Act 1997

376 Section 5 (definition of APS employee)

Repeal the definition.

377 Subsection 33(1)

Omit “(1)”.

378 Subsection 33(2)

Repeal the subsection.

379 Subsection 46(2) (definition of modifications)

Repeal the definition.

380 Saving of regulations

(1) Regulations in force for the purposes of subsection 33(1) of the

Commonwealth Authorities and Companies Act 1997 immediately

before the commencement of this item continue in force on and after

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that commencement as if they were regulations in force for the purposes

of section 33 of that Act.

(2) The amendment made by item 379 does not affect the validity of

regulations in force for the purposes of subsection 46(1) of the

Commonwealth Authorities and Companies Act 1997 immediately

before the commencement of that item.

Commonwealth Electoral Act 1918

381 Subsection 13(1)

Omit “(1)”.

382 Paragraph 13(1)(b)

Omit “office;”, substitute “office.”.

383 Subsection 13(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

384 At the end of subsection 13(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

385 Subsections 13(2) to (6)

Repeal the subsections.

386 Subsection 14(1)

Omit “(1)”.

387 Paragraph 14(1)(b)

Omit “office;”, substitute “office.”.

388 Subsection 14(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

389 At the end of subsection 14(1)

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Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

390 Subsections 14(2) to (6)

Repeal the subsections.

391 At the end of subsection 19(3)

Add:

Note: For rules that apply to persons acting as the Electoral Commissioner, see section 33A of the Acts Interpretation Act 1901.

392 Subsection 19(5)

Repeal the subsection.

393 Subsection 26(1)

Omit “(1)”.

394 Subparagraph 26(1)(b)(ii)

Omit “Deputy Electoral Commissioner;”, substitute “Deputy Electoral

Commissioner.”.

395 Subsection 26(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

396 At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

397 Subsections 26(2) to (6)

Repeal the subsections.

398 Subsection 27(1)

Omit “(1)”.

399 Paragraph 27(1)(b)

Omit “office;”, substitute “office.”.

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400 Subsection 27(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

401 At the end of subsection 27(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

402 Subsections 27(2) to (6)

Repeal the subsections.

403 At the end of subsection 30(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

404 Subsections 30(3) to (5)

Repeal the subsections.

405 At the end of subsection 31(3)

Add:

Note: For rules that apply to persons acting as the Australian Electoral Officer for a State, see section 33A of the Acts Interpretation Act 1901.

406 Subsection 31(4)

Repeal the subsection.

407 Subsection 253(2)

Omit “6 o’clock in the afternoon by standard time”, substitute “6 pm”.

Commonwealth Serum Laboratories Act 1961

408 Subsection 19B(1) (definition of Australian citizen)

Repeal the definition.

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Schedule 2 Consequential amendments

Competition and Consumer Act 2010

409 Subsection 4(1) (definition of document)

Repeal the definition, substitute:

document means any record of information, and includes:

(a) anything on which there is writing; and

(b) anything on which there are marks, figures, symbols or

perforations having a meaning for persons qualified to

interpret them; and

reproduced with or without the aid of anything else; and

(d) a map, plan, drawing or photograph.

410 At the end of subsection 11(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

411 Subsection 11(1A)

Repeal the subsection.

412 At the end of subsection 11(2)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

413 Subsection 29E(1)

Omit “(1)”.

414 At the end of subsection 29E(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

415 Subsection 29E(2)

Repeal the subsection.

416 At the end of subsections 34(1), (2) and (3)

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Consequential amendments Schedule 2

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

417 Subsection 44A(1)

Omit “(1)”.

418 At the end of subsection 44A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

419 Subsections 44A(2) to (6)

Repeal the subsections.

420 Subsection 44AO(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

421 Subsection 44AO(3)

Repeal the subsection.

422 Subsection 44AQ(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

423 Subsection 44AS(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

424 Subsection 44AS(3)

Repeal the subsection.

425 Section 44AAH (note 1)

Omit “Section 17AA”, substitute “Section 2B”.

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426 Paragraph 51(2)(c)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

427 Subsection 151BUAA(1B) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

428 Subsection 151BUA(2) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

429 Subsection 151BUA(6) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

430 Subsection 151BUB(2) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

431 Subsection 151BUC(2) (note 2)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

432 Subsection 151BUD(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

433 Subsection 151BUD(3) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

434 Subsection 151BUDA(2) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

435 Subsection 151BUDB(2) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

436 Subsection 151BUDC(2) (note 2)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

437 Subsections 152AR(4B) and (4C) (note)

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ComLaw Authoritative Act C2011A00046

Consequential amendments Schedule 2

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

438 Paragraph 51(2)(c) of Schedule 1

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

439 Subsection 2(1) of Schedule 2 (definition of document)

Repeal the definition, substitute:

document means any record of information, and includes:

(a) anything on which there is writing; and

(b) anything on which there are marks, figures, symbols or

perforations having a meaning for persons qualified to

interpret them; and

reproduced with or without the aid of anything else; and

(d) a map, plan, drawing or photograph.

440 Paragraph 105(1)(a) of Schedule 2

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

441 Paragraph 135(1)(a) of Schedule 2

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

Coordinator-General for Remote Indigenous Services Act

2009

442 Subsection 19(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

443 At the end of subsection 20(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

444 Subsection 20(3)

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Schedule 2 Consequential amendments

Repeal the subsection.

Copyright Act 1968

445 At the end of subsection 170(7)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

446 Subsection 170(8)

Repeal the subsection.

Corporations (Aboriginal and Torres Strait Islander) Act

2006

447 At the end of subsections 663-25(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

448 Subsection 663-25(3)

Repeal the subsection.

449 Subsection 694-110(3)

Omit “paragraph 34AB(a), (b), (d) or (e)”, substitute “paragraph

34AB(1)(a), (b), (d) or (e), subsection 34AB(2) or (3)”.

450 Section 700-1 (note at the end of the definition of Australia)

Omit “Paragraph 17(a)”, substitute “Section 2B”.

451 Section 700-1 (definition of business day)

Repeal the definition.

452 Section 700-1 (definition of territorial sea)

Repeal the definition.

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Crimes Act 1914

453 Subsection 4AAA(1) (note 2)

Omit “paragraph 26(e)”, substitute “section 2B”.

454 Subsection 4AAB(1) (note 2)

Omit “paragraph 26(e)”, substitute “section 2B”.

455 Subsection 15A(1ACA)

Repeal the subsection.

456 At the end of section 25

Add:

(3) In subsection (2):

British possession means any part of the Sovereign’s dominions

exclusive of the United Kingdom, and where parts of such

dominions are under both a central and a local legislature all parts

under the central legislature are, for the purposes of this definition,

taken to be one British possession.

Crimes at Sea Act 2000

457 Clause 13 of Schedule 1 (definition of continental shelf)

Repeal the definition.

458 Clause 13 of Schedule 1 (definition of territorial sea)

Repeal the definition.

Criminal Code Act 1995

459 Subsection 100.5(3) of the Criminal Code

Omit “sections 22A, 22B and 22C”, substitute “sections 2D, 2E and

2F”.

460 Section 130.1 of the Criminal Code (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

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Schedule 2 Consequential amendments

461 Dictionary in the Criminal Code (note at the end of the definition of person)

Omit “paragraph 22(1)(a) of the Acts Interpretation Act 1901. That

paragraph”, substitute “subsection 2C(1) of the Acts Interpretation Act

1901. That subsection”.

Criminology Research Act 1971

462 Subsection 22(1)

Omit “(1)”.

463 Paragraph 22(1)(b)

Omit “Director;”, substitute “Director.”.

464 Subsection 22(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

465 At the end of subsection 22(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

466 Subsections 22(2) to (7)

Repeal the subsections.

Cross-Border Insolvency Act 2008

467 Subsection 7(2) (note)

Omit “Paragraph 17(a)”, substitute “Section 2B”.

Customs Act 1901

468 Subsection 4(1) (definition of contiguous zone)

Repeal the definition.

469 Subsection 4(1) (definition of Continental shelf)

Repeal the definition.

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470 Subsection 4(1) (definition of exclusive economic zone)

Repeal the definition.

471 Subsection 4(1) (definition of insolvent under administration)

Repeal the definition.

472 Subsection 9(3)

Omit “Paragraph 34AB(c)”, substitute “Paragraph 34AB(1)(c)”.

473 Subsections 71AAAE(1) and (2) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

474 Subsection 153ZA(1) (definition of continental shelf)

Repeal the definition.

475 Subsection 153ZIB(1) (definition of continental shelf)

Repeal the definition.

476 Subsection 153ZKB(1) (definition of exclusive economic zone)

Repeal the definition.

477 At the end of subsection 269ZS(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

478 Subsection 269ZS(3)

Repeal the subsection.

Customs Administration Act 1985

479 Subsection 13(1)

Omit “(1)”.

480 At the end of subsection 13(1)

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Schedule 2 Consequential amendments

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

481 Subsections 13(2) to (8)

Repeal the subsections.

482 Subsection 14(4)

Omit “Paragraph 34AB(c)”, substitute “Paragraph 34AB(1)(c)”.

Customs Tariff Act 1995

483 Schedule 3 (Section XI, paragraph (b) of Additional Note 1)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

484 Schedule 3 (Section XI, subparagraph (b)(i) of Additional Note 1)

Omit “AS 2001.4.15”, substitute “Australian Standard AS2001.4.15”.

485 Schedule 3 (Section XI, subparagraph (b)(ii) of Additional Note 1)

Omit “AS 2001.4.21”, substitute “Australian Standard AS2001.4.21”.

486 Schedule 3 (Section XI, paragraph (c) of Additional Note 1)

Omit “Standards Australia International Limited Standard AS

2001.4.1”, substitute “Australian Standard AS2001.4.1”.

Defence Act 1903

487 Subsection 9C(1)

Omit “(1)”.

488 Paragraph 9C(1)(b)

Omit “office;”, substitute “office.”.

489 Subsection 9C(1)

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Consequential amendments Schedule 2

Omit “but an officer appointed to act during a vacancy shall not

continue so to act for more than 12 months.”.

490 At the end of subsection 9C(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

491 Subsection 9C(2)

Repeal the subsection.

492 Subsection 51(1) (definition of continental shelf)

Repeal the definition.

493 Subsection 51(1) (definition of exclusive economic zone)

Repeal the definition.

494 Subsection 51(1) (definition of territorial sea)

Repeal the definition.

495 Paragraph 58P(1)(b)

Omit “office;”, substitute “office.”.

496 Subsection 58P(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

497 At the end of subsection 58P(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

498 Subsections 58P(2) to (7)

Repeal the subsections.

499 Subsection 58X(1)

Omit “(1)”.

500 Paragraph 58X(1)(b)

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Schedule 2 Consequential amendments

Omit “office;”, substitute “office.”.

501 Subsection 58X(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

502 At the end of subsection 58X(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

503 Subsections 58X(2) to (7)

Repeal the subsections.

504 At the end of subsections 61CO(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

505 Subsection 61CO(9)

Repeal the subsection.

506 At the end of subsection 110N(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

507 Subsection 110N(2)

Repeal the subsection.

508 Subsections 110YC(1) and (2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

509 Subsection 110YC(4)

Repeal the subsection.

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Consequential amendments Schedule 2

Defence Force Discipline Act 1982

510 Subsection 188(1)

Omit “(1)”.

511 Paragraph 188(1)(b)

Omit “office;”, substitute “office.”.

512 Subsection 188(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

513 At the end of subsection 188(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

514 Subsections 188(2) to (8)

Repeal the subsections.

515 At the end of subsection 188FL(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

516 Subsection 188FL(2)

Repeal the subsection.

517 At the end of subsection 188GP(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

518 Subsection 188GP(2)

Repeal the subsection.

Defence Force Retirement and Death Benefits Act 1973

519 Paragraph 6A(4)(ba)

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Schedule 2 Consequential amendments

Omit “section 22B”, substitute “section 2E”.

Defence Home Ownership Assistance Scheme Act 2008

520 Subsection 80(1) (note)

Omit “section 17AA”, substitute “section 2B”.

521 Subsection 81(1) (note)

Omit “section 17AA”, substitute “section 2B”.

522 Subsection 81(6) (note at the end of the definition of senior employee)

Omit “section 17AA”, substitute “section 2B”.

Defence Housing Australia Act 1987

523 At the end of subsections 23(1), (2) and (2A)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

524 Subsections 23(3) to (9)

Repeal the subsections.

525 Subsection 27(3) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

526 Paragraph 54(1)(b)

Omit “office;”, substitute “office.”.

527 Subsection 54(1)

Omit “but a person appointed to act during a vacancy shall not continue

to act as Managing Director for more than 12 months.”.

528 At the end of subsection 54(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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Consequential amendments Schedule 2

529 Subsections 54(2) to (5) and (7)

Repeal the subsections.

Dental Benefits Act 2008

530 Subsection 41(1) (note)

Omit “section 17AA”, substitute “section 2B”.

531 Subsection 66(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Designs Act 2003

532 Subsection 15(2) (note)

Omit “section 25”, substitute “section 2B”.

Development Allowance Authority Act 1992

533 Subsection 106(1)

Omit “(1)”.

Note: The heading to subsection 106(1) is deleted.

534 At the end of subsection 106(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

535 Subsection 106(5)

Repeal the subsection.

Director of Public Prosecutions Act 1983

536 At the end of subsection 26(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

537 At the end of subsection 26(1A)

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Schedule 2 Consequential amendments

Add:

Note: For rules that apply to persons acting as the Director, see section 33A of the Acts Interpretation Act 1901.

538 Subsections 26(2), (4) and (6) to (9)

Repeal the subsections.

539 Paragraph 26A(1)(b)

Omit “office;”, substitute “office.”.

540 Subsection 26A(1)

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

541 At the end of subsection 26A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

542 Subsection 26A(3)

Repeal the subsection.

Disability Discrimination Act 1992

543 Subsection 4(1) (definition of document)

Repeal the definition.

544 Subsection 120(1)

Omit “(1)”.

545 At the end of subsection 120(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

546 Subsection 120(2)

Repeal the subsection.

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Consequential amendments Schedule 2

Do Not Call Register Act 2006

547 Section 4 (note at the end of the definition of organisation)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

Education Services for Overseas Students Act 2000

548 Subsection 52(1)

Omit “(1)”.

549 At the end of subsection 52(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

550 Subsection 52(2)

Repeal the subsection.

Environment Protection and Biodiversity Conservation Act

1999

551 Subsection 25A(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

552 Subsection 28AA(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

553 Section 170D

Omit “(as defined in section 528)”.

554 Subsection 303FRA(4) (definition of modifications)

Repeal the definition.

555 Subsection 324N(3)

Repeal the subsection.

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Schedule 2 Consequential amendments

556 Subsection 341N(3)

Repeal the subsection.

557 Subsection 350(7) (note)

Omit “Section 22”, substitute “Section 2B”.

558 Subsection 380(1A)

Omit “subsection 33(4A)”, substitute “section 33AA”.

559 Subsection 449BB(5)

Repeal the subsection.

560 At the end of subsection 514G(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

561 Subsection 514G(3)

Repeal the subsection.

562 Section 528 (definition of business day)

Repeal the definition.

Environment Protection (Sea Dumping) Act 1981

563 Subsection 4(1) (paragraph (c) of the definition of Australian waters)

Omit “, within the meaning of the Seas and Submerged Lands Act

1973,”.

564 Subsection 4(1) (definition of continental shelf)

Repeal the definition.

565 Subsection 4(1) (definition of territorial sea)

Repeal the definition.

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Evidence Act 1995

566 After subsection 3(1)

Insert:

(1A) The Dictionary at the end of this Act is part of this Act.

Excise Tariff Act 1921

567 Paragraph 3(6)(b)

Omit “Australian Standard AS/NZS 1960.1:1995”, substitute

“Australian Standard AS 1960.1—2005”.

568 Schedule (definition of territorial sea)

Repeal the definition.

Export Control Act 1982

569 Section 3 (definition of document)

Repeal the definition.

Export Finance and Insurance Corporation Act 1991

570 At the end of subsection 38(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

571 At the end of subsection 38(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

572 Subsections 38(4) and (5)

Repeal the subsections.

573 At the end of subsections 39(1) and (2)

Add:

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Schedule 2 Consequential amendments

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

574 Subsection 39(3)

Repeal the subsection.

575 At the end of subsection 79(1)

Add:

Note: For rules that apply to persons acting as the Managing Director, see section 33A of the Acts Interpretation Act 1901.

576 At the end of subsection 79(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

577 Subsections 79(3) and (4)

Repeal the subsections.

Export Market Development Grants Act 1997

578 Subsection 33(2) (note 1)

Omit “section 22”, substitute “section 2B”.

579 Subsection 37(1) (note 1)

Omit “section 22”, substitute “section 2B”.

580 Section 87B (note)

Omit “sections 17 and 22 respectively”, substitute “section 2B”.

581 Subsection 87C(1) (note)

Omit “sections 17 and 22 respectively”, substitute “section 2B”.

582 Subsection 107(1) (note at the end of the definition of person)

Omit “section 22”, substitute “subsection 2C(1)”.

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Fair Work (Registered Organisations) Act 2009

583 Subsection 343A(3) (note)

Omit “section 17AA”, substitute “section 2B”.

Family Law Act 1975

584 Subsection 38M(1)

Omit “(1)”.

585 At the end of subsection 38M(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

586 Subsections 38M(2) and (3)

Repeal the subsections.

587 Paragraph 60EA(a)

Omit “section 22B”, substitute “section 2E”.

588 Section 90MD (definition of business day)

Repeal the definition.

589 Subsection 114D(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

590 Subsection 114F(1)

Omit “(1)”.

591 At the end of subsection 114F(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

592 Subsection 114F(2)

Repeal the subsection.

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Schedule 2 Consequential amendments

Federal Court of Australia Act 1976

593 Subsection 18M(1)

Omit “(1)”.

594 At the end of subsection 18M(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

595 Subsections 18M(2) and (3)

Repeal the subsections.

596 Subsection 23EG(4) (note)

Repeal the note.

Federal Financial Relations Act 2009

597 Subsection 23(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Federal Magistrates Act 1999

598 Paragraph 9E(7)(ba) of Schedule 1

Omit “section 22B”, substitute “section 2E”.

599 Subclause 10(1) of Schedule 1 (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

600 Subclause 10(2) of Schedule 1

Repeal the subclause.

601 Subclause 9(1) of Schedule 2

Omit “(1)”.

602 Subclause 9(1) of Schedule 2 (note)

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Consequential amendments Schedule 2

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

603 Subclause 9(2) of Schedule 2

Repeal the subclause.

Financial Management and Accountability Act 1997

604 Subsection 58(2) (definition of modifications)

Repeal the definition.

605 Saving of regulations

The amendment made by item 604 does not affect the validity of

regulations in force for the purposes of subsection 58(1) of the

Financial Management and Accountability Act 1997 immediately

before the commencement of that item.

Fisheries Administration Act 1991

606 Subsection 14(1)

Omit “(1)”.

607 At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

608 Subsection 14(2)

Repeal the subsection.

609 Subsection 61(1)

Omit “(1)”.

610 Paragraph 61(1)(b)

Omit “office;”, substitute “office.”.

611 Subsection 61(1)

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Schedule 2 Consequential amendments

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

612 At the end of subsection 61(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

613 Subsection 61(2)

Repeal the subsection.

614 Subsection 103(1)

Omit “(1)”.

615 Paragraph 103(1)(b)

Omit “office;”, substitute “office.”.

616 Subsection 103(1)

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

617 At the end of subsection 103(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

618 Subsection 103(2)

Repeal the subsection.

Fisheries Management Act 1991

619 Subsection 4(1) (definition of continental shelf)

Repeal the definition.

620 Subsection 4(1) (definition of exclusive economic zone)

Repeal the definition.

621 Subsection 4(1) (definition of territorial sea)

Repeal the definition.

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622 Subsection 128(1)

Omit “(1)”.

623 At the end of subsection 128(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

624 Subsection 128(2)

Repeal the subsection.

625 Subsection 140(1)

Omit “(1)”.

626 At the end of subsection 140(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

627 Subsection 140(2)

Repeal the subsection.

Food Standards Australia New Zealand Act 1991

628 Subsection 112(7) (definition of modifications)

Repeal the definition.

629 At the end of subsections 121(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

630 Subsection 121(3)

Repeal the subsection.

631 Subsection 134(1)

Omit “(1)”.

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632 At the end of subsection 134(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

633 Subsection 134(2)

Repeal the subsection.

Foreign Proceedings (Excess of Jurisdiction) Act 1984

634 Subsection 3(1) (definition of document)

Repeal the definition.

Freedom of Information Act 1982

635 Subsection 47J(1) (note)

Omit “section 22”, substitute “subsection 2C(1)”.

Fringe Benefits Tax (Application to the Commonwealth) Act

1986

636 Subsection 4(1)

Omit “(1)”.

637 Subsection 4(2)

Repeal the subsection.

638 Subsection 5(1)

Omit “(1)”.

639 Subsection 5(2)

Repeal the subsection.

640 Saving of regulations

(1) Regulations in force for the purposes of subsection 4(1) of the Fringe

Benefits Tax (Application to the Commonwealth) Act 1986 immediately

before the commencement of this item continue in force on and after

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that commencement as if they were regulations in force for the purposes

of section 4 of that Act.

(2) Regulations in force for the purposes of subsection 5(1) of the Fringe

Benefits Tax (Application to the Commonwealth) Act 1986 immediately

before the commencement of this item continue in force on and after

that commencement as if they were regulations in force for the purposes

of section 5 of that Act.

Fringe Benefits Tax Assessment Act 1986

641 Subsection 135T(4)

Repeal the subsection.

642 Subsection 136(1) (definition of business day)

Repeal the definition.

Future Fund Act 2006

643 Section 5 (note at the end of the definition of person)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

644 Subsection 38(2) (note)

Repeal the note, substitute:

Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

645 Subsection 40(2) (note)

Repeal the note, substitute:

Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

646 At the end of subsections 46(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

647 Subsection 46(4)

Repeal the subsection.

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Schedule 2 Consequential amendments

648 Subsection 83A(1) (note)

Omit “section 17AA”, substitute “section 2B”.

649 Subsection 83B(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Gene Technology Act 2000

650 Subsection 121(1)

Omit “(1)”.

651 At the end of subsection 121(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

652 Subsection 121(2)

Repeal the subsection.

Governance of Australian Government Superannuation

Schemes Act 2011

653 Subsection 36(6)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

654 Subsection 36(7)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Governor-General Act 1974

655 Paragraph 2B(4)(ba)

Omit “section 22B”, substitute “section 2E”.

656 Subsection 12(1)

Omit “(1)”.

657 Paragraph 12(1)(b)

Omit “Official Secretary;”, substitute “Official Secretary.”.

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658 Subsection 12(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

659 At the end of subsection 12(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

660 Subsections 12(2) to (7)

Repeal the subsections.

Great Barrier Reef Marine Park Act 1975

661 Subsection 3(1) (definition of continental shelf)

Repeal the definition.

662 Subsection 3(1) (definition of exclusive economic zone)

Repeal the definition.

663 Subsection 3(1) (definition of territorial sea)

Repeal the definition.

664 Paragraph 15(1)(b)

Omit “office;”, substitute “office.”.

665 Subsection 15(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

666 At the end of subsection 15(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

667 Subsection 15(2)

Repeal the subsection.

668 Paragraph 15(3)(b)

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Omit “office;”, substitute “office.”.

669 Subsection 15(3)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

670 At the end of subsection 15(3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

671 Subsections 15(4), (6) and (7)

Repeal the subsections.

Health and Other Services (Compensation) Act 1995

672 Section 46 (note)

Omit “section 25”, substitute “section 2B”.

Health Insurance Act 1973

673 Section 46A (note at the end of the definition of Australian Immunisation Handbook)

Omit “the Government Printer see paragraph 17(n)”, substitute

“Government Printer see section 2B”.

674 Subsection 106ZE(1)

Omit “(1)”.

675 At the end of subsection 106ZE(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

676 Subsection 106ZE(2)

Repeal the subsection.

677 At the end of subsection 106ZPH(1)

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Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

678 Subsections 106ZPH(5) and (6)

Repeal the subsections.

679 Subsection 124F(4A) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Health Workforce Australia Act 2009

680 At the end of subsections 13(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

681 Subsection 13(4)

Repeal the subsection.

682 At the end of subsection 28(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

683 Subsection 28(4)

Repeal the subsection.

Hearing Services Administration Act 1997

684 Subsection 5(3) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

Historic Shipwrecks Act 1976

685 Subsection 2(4)

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Omit “, and section 8 of the Acts Interpretation Act 1901 has effect as if

this Act, to the extent that it so ceases to apply, had been repealed on

that date by another Act”.

686 Subsections 2(7) and (9B)

Omit “and, where such a Proclamation is made, section 8 of the Acts

Interpretation Act 1901 has effect as if this Act, to the extent that it is so

declared to cease to apply, had been repealed by another Act on the date

specified in the Proclamation”.

687 Subsection 3(1) (definition of continental shelf)

Repeal the definition.

Income Tax Assessment Act 1936

688 Section 102AAB (paragraph (a) of the definition of de facto relationship)

Omit “section 22B”, substitute “section 2E”.

689 Subsection 109CA(6) (note)

Omit “paragraph 22(1)(c)”, substitute “section 2B”.

690 Paragraph 251R(2)(a)

Omit “section 22B”, substitute “section 2E”.

691 Subsection 264A(23)

Omit “section 25”, substitute “the definition of document in

section 2B”.

692 Subsection 317(1) (paragraph (a) of the definition of de facto relationship)

Omit “section 22B”, substitute “section 2E”.

Income Tax Assessment Act 1997

693 Subsection 230-335(1) (note)

Omit “section 25”, substitute “section 2B”.

694 Subsection 960-50(7)

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Omit “For this purpose, modifications includes additions, omissions

and substitutions.”.

695 Subsection 974-50(4) (definition of year)

Omit “calendar”.

696 Subsection 995-1(1) (note at the end of the definition of foreign law)

Omit “paragraph 22(1)(f)”, substitute “section 2B”.

697 Subsection 995-1(1) (paragraph (a) of the definition of spouse)

Omit “section 22B”, substitute “section 2E”.

Independent Contractors Act 2006

698 Subsection 42(5)

Repeal the subsection.

Independent National Security Legislation Monitor Act 2010

699 Subsection 20(1)

Omit “(1)”.

700 Subsection 20(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

701 Subsection 20(2)

Repeal the subsection.

Industrial Chemicals (Notification and Assessment) Act 1989

702 Subsection 97(1)

Omit “(1)”.

703 Paragraph 97(1)(b)

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Omit “office;”, substitute “office.”.

704 Subsection 97(1)

Omit “but a person appointed to act during a vacancy is not to continue

so to act for more than 12 months.”.

705 At the end of subsection 97(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

706 Subsection 97(2)

Repeal the subsection.

707 Subsection 105(3)

Repeal the subsection.

Industry Research and Development Act 1986

708 At the end of subsections 17(1), (2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

709 Subsections 17(4) to (9)

Repeal the subsections.

710 Subsection 22A(1)

Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.

Infrastructure Australia Act 2008

711 Section 9 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

712 At the end of subsection 10(1)

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

713 Subsection 10(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

714 Subsection 10(3)

Repeal the subsection.

715 Section 30 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

716 Subsection 31(1)

Omit “(1)”.

717 Subsection 31(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

718 Subsection 31(2)

Repeal the subsection.

Inspector-General of Intelligence and Security Act 1986

719 Paragraph 6A(1)(b)

Omit “office;”, substitute “office.”.

720 Subsection 6A(1)

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

721 At the end of subsection 6A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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Schedule 2 Consequential amendments

722 Subsection 6A(3)

Repeal the subsection.

Inspector-General of Taxation Act 2003

723 Subsection 29(1)

Omit “(1)”.

724 At the end of subsection 29(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

725 Subsection 29(2)

Repeal the subsection.

Inspector of Transport Security Act 2006

726 Section 3 (definition of territorial sea)

Repeal the definition.

727 Subsection 29(1)

Omit “(1)”.

728 At the end of subsection 29(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

729 Subsection 29(2)

Repeal the subsection.

Insurance Act 1973

730 Subsection 78(2) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

731 Subsection 93(10)

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Omit “and thereupon:”, substitute “. APRA must then cause notice that

this section has ceased to have effect to be published in the Gazette.”.

732 Paragraphs 93(10)(a) and (c)

Repeal the paragraphs.

Intelligence Services Act 2001

733 At the end of subsections 24(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

734 Subsection 24(3)

Repeal the subsection.

Interactive Gambling Act 2001

735 Section 4 (definition of business day)

Repeal the definition.

736 Subsection 24(5) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

737 Section 30 (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

738 Subsection 37(4) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

739 Subsection 37(5) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

International Air Services Commission Act 1992

740 At the end of subsections 48(1) and (2)

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Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

741 Subsection 48(3)

Repeal the subsection.

Interstate Road Transport Charge Act 1985

742 Subsection 5(2) (note)

Omit “paragraph 22(1)(e)”, substitute “section 2B”.

Judges’ Pensions Act 1968

743 Paragraph 4AB(4)(ba)

Omit “section 22B”, substitute “section 2E”.

Judiciary Act 1903

744 Subsection 55Z(1)

Omit “(1)”.

745 At the end of subsection 55Z(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

746 Subsection 55Z(2)

Repeal the subsection.

Law Enforcement Integrity Commissioner Act 2006

747 Subsection 175(2) (note)

Repeal the note, substitute:

Note: The Integrity Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

748 Subsection 177(1) (note)

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Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

749 Subsection 177(3)

Repeal the subsection.

750 Subsection 187(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

751 Subsection 187(3)

Repeal the subsection.

Law Officers Act 1964

752 At the end of subsection 11(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

753 Subsection 11(3)

Repeal the subsection.

754 Subsection 11(4)

Repeal the subsection.

Life Insurance Act 1995

755 Subsection 16ZC(4)

Repeal the subsection.

Liquid Fuel Emergency Act 1984

756 Subsection 3(1) (definition of document)

Repeal the definition.

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Schedule 2 Consequential amendments

Maritime Transport and Offshore Facilities Security Act

2003

757 Section 10 (definition of continental shelf)

Repeal the definition.

758 Section 10 (definition of exclusive economic zone)

Repeal the definition.

759 Section 10 (definition of territorial sea)

Repeal the definition.

Medical Indemnity Act 2002

760 Subsection 34F(4)

Omit “calendar”.

Migration Act 1958

761 Subsection 5(1) (definition of continental shelf)

Repeal the definition.

762 Section 245A (definition of contiguous zone)

Repeal the definition.

763 At the end of subsection 404(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

764 Subsections 404(2) and (8)

Repeal the subsections.

765 At the end of subsection 469(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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766 Subsections 469(2) and (8)

Repeal the subsections.

767 Subsection 503A(9) (note at the end of the definition of gazetted agency)

Omit “subsection 13(3) of the Legislative Instruments Act 2003 or

subsection 46(3)”, substitute “subsection 33(3AB)”.

Military Rehabilitation and Compensation Act 2004

768 Subsection 5(1) (paragraph (ba) of the definition of partner)

Omit “section 22B”, substitute “section 2E”.

769 Section 360

Omit “Part VII”, substitute “Part 7”.

770 Subsection 366(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

771 Subsection 367(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

772 Section 368

Repeal the section.

Motor Vehicle Standards Act 1989

773 Paragraph 7A(a)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

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National Blood Authority Act 2003

774 Subsection 10(1) (note 2)

Omit “section 25”, substitute “section 2B”.

775 Subsection 10(3) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

776 At the end of subsections 17(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

777 Subsection 17(4)

Repeal the subsection.

778 Subsection 29(1)

Omit “(1)”.

779 At the end of subsection 29(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

780 Subsection 29(2)

Repeal the subsection.

National Consumer Credit Protection Act 2009

781 Subsection 5(1) (note at the end of the definition of Australia)

Omit “Paragraph 17(a)”, substitute “Section 2B”.

782 Subsection 5(1) (paragraph (a) of the definition of insolvent)

Omit “(within the meaning of the Corporations Act 2001)”.

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783 Subsection 18(2)

Omit “subsection 22(3)”, substitute “section 2H”.

784 Subsection 204(1) of Schedule 1 (paragraph (a) of the definition of insolvent)

Omit “within the meaning of the Corporations Act 2001”.

National Film and Sound Archive Act 2008

785 At the end of subsection 12(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

786 Subsections 12(2) and (3)

Repeal the subsections.

787 At the end of subsections 12(4) and (5)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

788 Subsection 12(6)

Repeal the subsection.

789 Subsection 23(1)

Omit “(1)”.

790 At the end of subsection 23(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

791 Subsection 23(2)

Repeal the subsection.

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National Gallery Act 1975

792 Subsection 31(1)

Omit “(1)”.

793 Paragraph 31(1)(b)

Omit “office;”, substitute “office.”.

794 Subsection 31(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

795 At the end of subsection 31(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

796 Subsections 31(2) to (7)

Repeal the subsections.

National Greenhouse and Energy Reporting Act 2007

797 Section 7 (definition of exclusive economic zone)

Repeal the definition.

National Health Act 1953

798 Subsection 4(1) (paragraph (a) of the definition of de facto partner)

Omit “section 22B”, substitute “section 2E”.

799 Paragraph 99D(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

800 Subsection 99D(1)

Omit “but a person appointed so to act during a vacancy shall not

continue so to act for more than 12 months.”.

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801 At the end of subsection 99D(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

802 Subsections 99D(2), (3), (5) and (6)

Repeal the subsections.

803 Paragraph 99E(1)(b)

Omit “duties;”, substitute “duties.”.

804 Subsection 99E(1)

Omit “but a person appointed so to act during a vacancy shall not

continue so to act for more than 12 months.”.

805 At the end of subsection 99E(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

806 Subsections 99E(2), (3), (5) and (6)

Repeal the subsections.

National Health and Medical Research Council Act 1992

807 Subsection 41(5) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

808 At the end of subsection 42(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

809 Subsection 42(4)

Repeal the subsection.

810 Subsection 51(1) (note)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

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National Health Security Act 2007

811 Subsection 3(1) (definition of Australian citizen)

Repeal the definition.

812 Subsection 3(1) (definition of business day)

Repeal the definition.

National Library Act 1960

813 Subsection 11(1)

Omit “(1)”.

814 Paragraph 11(1)(b)

Omit “office;”, substitute “office.”.

815 Subsection 11(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

816 At the end of subsection 11(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

817 Subsections 11(2) to (7)

Repeal the subsections.

818 Paragraph 17J(1)(b)

Omit “Director-General;”, substitute “Director-General.”.

819 Subsection 17J(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

820 At the end of subsection 17J(1)

Add:

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Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

821 Subsections 17J(2) to (7)

Repeal the subsections.

National Measurement Act 1960

822 Subsection 18B(1)

Omit “(1)”.

823 At the end of subsection 18B(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

824 Subsection 18B(2)

Repeal the subsection.

National Museum of Australia Act 1980

825 Subsection 3(1) (definition of appoint)

Repeal the definition.

826 Paragraph 3(2)(b)

Omit “, within the meaning of the Seas and Submerged Lands Act

1973,”.

827 At the end of subsection 20(9)

Add:

Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.

828 Subsections 20(10) to (12)

Repeal the subsections.

829 Paragraph 29(1)(b)

Omit “office;”, substitute “office.”.

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830 Subsection 29(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

831 At the end of subsection 29(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

832 Subsections 29(2) to (6), (8) and (9)

Repeal the subsections.

National Transport Commission Act 2003

833 At the end of subsection 22(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

834 At the end of subsections 22(2), (3) and (4)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

835 Subsection 22(8)

Repeal the subsection.

National Vocational Education and Training Regulator Act

2011

836 Subsection 4(2)

Omit “subsection 22(3)”, substitute “section 2H”.

National Water Commission Act 2004

837 Subsection 11(1) (note)

Repeal the note, substitute:

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Note: A Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

838 Subsection 12(1)

Omit “(1)”.

839 Subsection 12(1) (note 2)

Repeal the note, substitute:

Note 2: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

840 Subsection 12(2)

Repeal the subsection.

841 Subsection 25(1) (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

842 Subsection 26(1)

Omit “(1)”.

843 Subsection 26(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

844 Subsection 26(2)

Repeal the subsection.

845 Section 34 (note 1)

Omit “Section 17AA”, substitute “Section 2B”.

Nation-building Funds Act 2008

846 Section 4 (note at the end of the definition of person)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

847 Subsection 122(1) (note)

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Omit “section 17AA”, substitute “section 2B”.

848 Subsection 122(3) (note)

Omit “section 17AA”, substitute “section 2B”.

849 Section 123 (note)

Omit “section 17AA”, substitute “section 2B”.

850 Subsection 124(1) (note)

Omit “section 17AA”, substitute “section 2B”.

851 Subsection 125(1) (note)

Omit “section 17AA”, substitute “section 2B”.

852 Subsection 126(1) (note)

Omit “section 17AA”, substitute “section 2B”.

853 Subsection 127(1) (note)

Omit “section 17AA”, substitute “section 2B”.

854 Subsection 170(3) (note)

Repeal the note, substitute:

Note: A member of the EIF Advisory Board may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

855 Subsection 207(1) (note)

Omit “section 17AA”, substitute “section 2B”.

856 Subsection 207(3) (note)

Omit “section 17AA”, substitute “section 2B”.

857 Section 208 (note)

Omit “section 17AA”, substitute “section 2B”.

858 Subsection 209(1) (note)

Omit “section 17AA”, substitute “section 2B”.

859 Subsection 210(1) (note)

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Omit “section 17AA”, substitute “section 2B”.

860 Subsection 245(3) (note)

Repeal the note, substitute:

Note: A member of the HHF Advisory Board may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

861 Subsection 275(1) (note)

Omit “section 17AA”, substitute “section 2B”.

862 Subsection 275(3) (note)

Omit “section 17AA”, substitute “section 2B”.

863 Section 276 (note)

Omit “section 17AA”, substitute “section 2B”.

864 Subsection 277(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Native Title Act 1993

865 Subsection 106A(1)

Omit “A person appointed to act during a vacancy is not to continue so

to act for more than 12 months.”.

866 At the end of subsection 106A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

867 Subsection 106A(3)

Repeal the subsection.

868 Section 203FI (note 1)

Omit “section 17AA”, substitute “section 2B”.

Navigation Act 1912

869 Subsection 6(1) (definition of exclusive economic zone)

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Repeal the definition.

870 Subsection 295A(2)

Omit “section 8”, substitute “subsection 7(2)”.

871 Subsection 295A(2)

Omit “another”, substitute “an”.

872 Subsection 295B(2)

Omit “section 8”, substitute “subsection 7(2)”.

873 Subsection 295B(2)

Omit “another”, substitute “an”.

Northern Territory Acceptance Act 1910

874 Preamble

Omit “Constitution Act”, substitute “Commonwealth of Australia

Constitution Act”.

Nuclear Non-Proliferation (Safeguards) Act 1987

875 Subsection 50(1)

Omit “(1)”.

876 At the end of subsection 50(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

877 Subsections 50(2) to (8)

Repeal the subsections.

Offshore Minerals Act 1994

878 Subsection 390(2) (note)

Omit “subsection 46(2)”, substitute “subsection 33(3AB)”.

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Offshore Petroleum and Greenhouse Gas Storage Act 2006

879 Subsection 66(1) (note)

Omit “section 17AA”, substitute “section 2B”.

880 Subsection 67(1) (note 1)

Omit “section 17AA”, substitute “section 2B”.

881 Subsection 68(5) (note)

Omit “section 17AA”, substitute “section 2B”.

882 Subsection 72(1) (note 1)

Omit “section 17AA”, substitute “section 2B”.

883 Subsection 656(3) (note)

Repeal the note, substitute:

Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

884 Subsection 658(2) (note)

Repeal the note, substitute:

Note: A Board member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

885 At the end of subsections 664(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

886 Subsection 664(3)

Repeal the subsection.

887 Subsection 665(5) (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

888 Subsection 674(1)

Omit “(1)”.

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889 At the end of subsection 674(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

890 Subsection 674(2)

Repeal the subsection.

891 Subsection 750(2) (note)

Repeal the note, substitute:

Note: An expert advisory committee member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

892 Subsection 778(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Olympic Insignia Protection Act 1987

893 Section 23 (definition of continental shelf)

Repeal the definition.

Ombudsman Act 1976

894 Paragraph 29(1)(b)

Omit “office;”, substitute “office.”.

895 Subsection 29(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

896 At the end of subsection 29(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

897 Paragraph 29(1A)(b)

Omit “Deputy Ombudsman;”, substitute “Deputy Ombudsman.”.

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898 Subsection 29(1A)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

899 At the end of subsection 29(1A)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

900 Subsections 29(2), (4), (5), (6), (8) and (9)

Repeal the subsections.

Paid Parental Leave Act 2010

901 Section 6 (subparagraph (a)(i) of the definition of insolvent)

Omit “(within the meaning of the Corporations Act 2001)”.

Parliamentary Contributory Superannuation Act 1948

902 Paragraph 4B(4)(ba)

Omit “section 22B”, substitute “section 2E”.

Parliamentary Counsel Act 1970

903 At the end of subsections 15(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

904 Subsection 15(8)

Repeal the subsection.

Patents Act 1990

905 Section 7 (note 1)

Omit “section 25”, substitute “section 2B”.

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906 Schedule 1 (definition of Australian continental shelf)

Omit “, within the meaning of the Seas and Submerged Lands Act

1973,”.

907 Schedule 1 (note at the end of the definition of prior art base)

Omit “section 25”, substitute “section 2B”.

Payment Systems and Netting Act 1998

908 Section 5 (paragraph (b) of the definition of external administration)

Omit “within the meaning of the Corporations Act 2001”.

Petroleum Resource Rent Tax Assessment Act 1987

909 Subsection 2D(4) (definition of year)

Omit “calendar”.

910 Subsection 36B(5) (note)

Omit “section 17AA”, substitute “section 2B”.

Port Statistics Act 1977

911 Section 3 (definition of document)

Repeal the definition.

Primary Industries and Energy Research and Development

Act 1989

912 At the end of subsection 85(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

913 Subsections 85(2) and (3)

Repeal the subsections, substitute:

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(2) The appointment of a person under subsection (1) ceases to have

effect if the person resigns the appointment by writing delivered to

the Chairperson.

Primary Industries (Excise) Levies Act 1999

914 Subclause 5(6) of Schedule 21

Repeal the subclause.

Privacy Act 1988

915 Subsection 6C(1) (note at the end of the definition of organisation)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

916 Subsection 6E(1) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

917 Subsection 6E(2) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

918 Subsection 6E(3) (definition of modifications)

Repeal the definition.

Note: The heading to subsection 6E(3) is replaced by the heading “Definition”.

919 Subsection 6F(1) (note 2)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

920 Subsection 6F(2)

Repeal the subsection.

921 Subsection 7A(5)

Repeal the subsection.

922 Subsection 80G(1) (definition of Australian citizen)

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Schedule 2 Consequential amendments

Repeal the definition.

Private Health Insurance Act 2007

923 Subsection 34-25(3)

Omit “*Australian citizen”, substitute “Australian citizen”.

924 Subparagraph 37-5(aa)(i)

Omit “*Australian citizen”, substitute “Australian citizen”.

925 Subsection 253-10(1)

Omit “(1)”.

926 At the end of subsection 253-10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

927 Subsection 253-10(2)

Repeal the subsection.

928 Subsection 270-10(1)

Omit “(1)”.

929 Paragraph 270-10(1)(b)

Omit “office;”, substitute “office.”.

930 Subsection 270-10(1)

Omit “but a person appointed to act during a vacancy must not continue

to act for more than 12 months.”.

931 At the end of subsection 270-10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

932 Subsection 270-10(2)

Repeal the subsection.

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933 Clause 1 of Schedule 1 (definition of Australian citizen)

Repeal the definition.

Productivity Commission Act 1998

934 At the end of subsection 32(1)

Add:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

935 At the end of subsections 32(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

936 Subsection 32(4)

Repeal the subsection.

Protection of Movable Cultural Heritage Act 1986

937 Subsection 3(1) (definition of continental shelf)

Repeal the definition.

938 Subsection 3(1) (definition of territorial sea)

Repeal the definition.

Protection of the Sea (Civil Liability for Bunker Oil Pollution

Damage) Act 2008

939 Section 3 (definition of exclusive economic zone)

Repeal the definition.

Protection of the Sea (Harmful Anti-fouling Systems) Act

2006

940 Section 3 (definition of Australian shipping facility)

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Omit “(within the meaning of the Seas and Submerged Lands Act

1973)”.

Protection of the Sea (Powers of Intervention) Act 1981

941 Subsection 3(1) (definition of exclusive economic zone)

Repeal the definition.

942 Subsection 3(1) (definition of territorial sea)

Repeal the definition.

943 Subsection 10(8) (definition of continental shelf)

Repeal the definition.

Public Lending Right Act 1985

944 Subsection 13(1)

Omit “(1)”.

945 Paragraph 13(1)(b)

Omit “Chairperson;”, substitute “Chairperson.”.

946 Subsection 13(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

947 At the end of subsection 13(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

948 Subsections 13(2) to (7)

Repeal the subsections.

949 Paragraph 14(1)(b)

Omit “member;”, substitute “member.”.

950 Subsection 14(1)

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Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

951 At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

952 Subsections 14(2) to (7)

Repeal the subsections.

Public Service Act 1999

953 Subsection 48(1)

Omit “(1)”.

954 At the end of subsection 48(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

955 Subsection 48(2)

Repeal the subsection.

956 Subsection 55(1)

Omit “(1)”.

957 At the end of subsection 55(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

958 Subsection 55(2)

Repeal the subsection.

959 Subsection 62(1)

Omit “(1)”.

960 At the end of subsection 62(1)

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Schedule 2 Consequential amendments

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

961 Subsection 62(2)

Repeal the subsection.

962 Subsection 69(1)

Omit “(1)”.

963 At the end of subsection 69(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

964 Subsection 69(2)

Repeal the subsection.

Qantas Sale Act 1992

965 Subsection 7(7) (definition of Australian citizen)

Repeal the definition.

Quarantine Act 1908

966 Subsection 5(1) (definition of Continental Shelf)

Repeal the definition.

967 Subsection 6(3) (note)

Omit “paragraph 17(a)”, substitute “section 2B”.

Racial Discrimination Act 1975

968 At the end of subsection 36(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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969 Subsection 36(6)

Repeal the subsection.

Radiocommunications Act 1992

970 Subsection 118PD(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

971 Section 118QA (definition of business day)

Repeal the definition.

972 Paragraphs 163(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

Referendum (Machinery Provisions) Act 1984

973 At the end of subsection 5(2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

974 Subsections 5(3) to (5)

Repeal the subsections.

975 Subsection 78(2)

Omit “6 o’clock in the afternoon by standard time”, substitute “6 pm”.

Registration of Deaths Abroad Act 1984

976 Subsection 6(1)

Omit “(1)”.

977 Paragraph 6(1)(b)

Omit “office;”, substitute “office.”.

978 Subsection 6(1)

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Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

979 At the end of subsection 6(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

980 Subsections 6(2) to (7)

Repeal the subsections.

Remuneration Tribunal Act 1973

981 Subsection 3(1) (definition of President)

Omit “subsection 4A(1)”, substitute “section 4A”.

982 Subsection 4A(1)

Omit “(1)”.

983 Paragraph 4A(1)(b)

Omit “office;”, substitute “office.”.

984 Subsection 4A(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

985 At the end of subsection 4A(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

986 Subsections 4A(2) to (6)

Repeal the subsections.

Renewable Energy (Electricity) Act 2000

987 Subsection 5(1) (definition of document)

Repeal the definition.

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988 At the end of subsection 148(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

989 Subsection 148(2)

Repeal the subsection.

990 Subsection 148(3) (note)

Repeal the note.

Reserve Bank Act 1959

991 Subsection 6A(1)

Omit “(1)”.

992 Subsection 6A(1)

Omit “, other than subsection (2) of this section,”.

993 Subsection 6A(2)

Repeal the subsection.

Retirement Savings Accounts Act 1997

994 Paragraph 20(2)(a)

Omit “section 22B”, substitute “section 2E”.

Rural Adjustment Act 1992

995 At the end of subsections 15(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

996 Subsections 15(3) and (5)

Repeal the subsections.

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Schedule 2 Consequential amendments

Safety, Rehabilitation and Compensation Act 1988

997 At the end of subsection 79(1)

Add:

Note: For rules that apply to persons acting as the Chief Executive Officer, see section 33A of the Acts Interpretation Act 1901.

998 Subsection 79(3)

Repeal the subsection.

999 Paragraph 79(4)(b)

Omit “office;”, substitute “office.”.

1000 Subsection 79(4)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

1001 At the end of subsection 79(4)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1002 Subsection 79(5)

Repeal the subsection.

1003 Subsection 89J(1)

Omit “(1)”.

1004 At the end of subsection 89J(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1005 Subsection 89J(2)

Repeal the subsection.

1006 Subsections 89R(2) and (3)

Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.

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Safe Work Australia Act 2008

1007 Subsection 11(1) (note)

Repeal the note, substitute:

Note: The Chair may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1008 Subsection 12(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1009 Subsection 12(3)

Repeal the subsection.

1010 Section 13 (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1011 Subsection 14(1) (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1012 Subsection 15(1) (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1013 Subsection 16(1) (note)

Repeal the note, substitute:

Note: The person may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1014 Subsection 17(2) (note)

Repeal the note, substitute:

Note: The voting member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

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1015 Subsection 50(1) (note)

Repeal the note.

1016 Subsection 50(3) (note)

Repeal the note, substitute:

Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1017 Subsection 51(1)

Omit “(1)”.

Note: The heading to subsection 51(1) is deleted.

1018 Subsection 51(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1019 Subsection 51(2)

Repeal the subsection.

Science and Industry Research Act 1949

1020 Subsection 10G(1)

Omit “(1)”.

1021 At the end of subsection 10G(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1022 Subsections 10G(2) to (8)

Repeal the subsections.

Screen Australia Act 2008

1023 At the end of subsection 12(1)

Add:

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Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

1024 Subsections 12(2) and (3)

Repeal the subsections.

1025 At the end of subsections 12(4) and (5)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1026 Subsection 12(6)

Repeal the subsection.

1027 Subsection 23(1)

Omit “(1)”.

1028 At the end of subsection 23(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1029 Subsection 23(2)

Repeal the subsection.

Seafarers Rehabilitation and Compensation Act 1992

1030 Subsection 113(1)

Omit “(1)”.

1031 At the end of subsection 113(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1032 Subsection 113(2)

Repeal the subsection.

1033 Subsection 125(5)

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Omit “paragraph 34AB(b)”, substitute “paragraph 34AB(1)(b)”.

Sex Discrimination Act 1984

1034 Subsection 4(1) (definition of document)

Repeal the definition.

1035 Subsection 103(1)

Omit “(1)”.

1036 At the end of subsection 103(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1037 Subsection 103(7)

Repeal the subsection.

Shipping Registration Act 1981

1038 Subsection 51(1)

Omit “(1)”.

1039 Paragraph 51(1)(b)

Omit “office;”, substitute “office.”.

1040 Subsection 51(1)

Omit “and may at any time terminate such an appointment.”.

1041 At the end of subsection 51(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1042 Subsections 51(2) to (5)

Repeal the subsections.

1043 Subsection 83(4)

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Repeal the subsection.

Skills Australia Act 2008

1044 Section 10 (note)

Repeal the note, substitute:

Note: The member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1045 At the end of subsection 11(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1046 Subsection 11(2) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1047 Subsection 11(3)

Repeal the subsection.

1048 Subsection 25(3) (note)

Repeal the note, substitute:

Note: A member of a committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Small Superannuation Accounts Act 1995

1049 Section 4 (paragraph (a) of the definition of spouse)

Omit “section 22B”, substitute “section 2E”.

Snowy Hydro Corporatisation Act 1997

1050 Subsection 52(3)

Repeal the subsection.

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Social Security Act 1991

1051 Subparagraph 4(2)(aa)(i)

Omit “section 22B”, substitute “section 2E”.

1052 Subsection 10B(2) (definition of insolvent under administration)

Repeal the definition.

1053 Paragraph 24(1A)(a)

Omit “section 22B”, substitute “section 2E”.

1054 Subparagraphs 1067C(1)(aa)(i) and (2)(aa)(i)

Omit “section 22B”, substitute “section 2E”.

Social Security (Administration) Act 1999

1055 At the end of subclauses 6(1) and (2) of Schedule 3

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1056 At the end of subclauses 7(1) and (2) of Schedule 3

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1057 Subclause 9(1) of Schedule 3

Omit “(1)”.

1058 Subclause 9(2) of Schedule 3

Repeal the subclause.

Spam Act 2003

1059 Section 4 (note at the end of the definition of organisation)

Omit “Paragraph 22(1)(a)”, substitute “Subsection 2C(1)”.

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Special Broadcasting Service Act 1991

1060 At the end of subsection 24(1)

Add:

Note: For rules that apply to persons acting as the Chairperson, see section 33A of the Acts Interpretation Act 1901.

1061 At the end of subsections 24(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1062 Subsection 24(6)

Repeal the subsection.

1063 Paragraph 33(1)(b)

Omit “office;”, substitute “office.”.

1064 Subsection 33(1)

Omit “but a person appointed to act during a vacancy must not continue

so to act for more than 12 months.”.

1065 At the end of subsection 33(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1066 Subsection 33(4)

Repeal the subsection.

Special Prosecutors Act 1982

1067 Subsection 16(1)

Omit “(1)”.

1068 At the end of subsection 16(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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1069 Subsections 16(2) to (5)

Repeal the subsections.

Student Assistance Act 1973

1070 Subsection 343(1) (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

1071 Subsection 344(1) (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

1072 Subsection 345(1) (note)

Omit “paragraph 22(1)(a)”, substitute “subsection 2C(1)”.

Submarine Cables and Pipelines Protection Act 1963

1073 Subsection 5(2) (definition of exclusive economic zone)

Repeal the definition.

Superannuation Act 1976

1074 Paragraph 8A(4)(ba)

Omit “section 22B”, substitute “section 2E”.

1075 Subsection 24(1)

Omit “(1)”.

1076 Paragraph 24(1)(b)

Omit “Commissioner;”, substitute “Commissioner.”.

1077 Subsection 24(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

1078 At the end of subsection 24(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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1079 Subsections 24(2) to (7)

Repeal the subsections.

1080 Subsection 27Q(4)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

1081 Subsection 27Q(5)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Superannuation Act 1990

1082 Subsection 28A(3)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

1083 Subsection 28A(4)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Superannuation Act 2005

1084 Subsection 4(1) (definition of modifications)

Repeal the definition.

1085 Subsection 28(5)

Omit “paragraphs 34AB(a)”, substitute “paragraphs 34AB(1)(a)”.

1086 Subsection 28(6)

Omit “paragraphs 34AB(c)”, substitute “paragraphs 34AB(1)(c)”.

Superannuation (Government Co-contribution for Low

Income Earners) Act 2003

1087 Subsection 54(3) (paragraph (a) of the definition of spouse)

Omit “section 22B”, substitute “section 2E”.

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Schedule 2 Consequential amendments

Superannuation Guarantee (Administration) Act 1992

1088 Subsection 5(5) (definition of modifications)

Repeal the definition.

1089 Subsection 6(1) (definition of month)

Repeal the definition.

1090 Subsection 27(2)

Omit “month”, substitute “calendar month”.

Superannuation Industry (Supervision) Act 1993

1091 Subsection 10(1) (definition of business day)

Repeal the definition.

1092 Subsection 10(1) (paragraph (a) of the definition of spouse)

Omit “section 22B”, substitute “section 2E”.

1093 Subsection 15B(3)

Repeal the subsection.

1094 Paragraph 129(3)(c) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1095 Subsection 129(3AA)

Repeal the subsection.

Superannuation (Resolution of Complaints) Act 1993

1096 Subsection 4B(4) (definition of modifications)

Repeal the definition.

1097 At the end of subsections 54(1), (1A), (2) and (2A)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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1098 Subsection 54(3)

Repeal the subsection.

Surveillance Devices Act 2004

1099 Subsection 41(1) (definition of contiguous zone)

Repeal the definition.

1100 Subsection 41(1) (definition of territorial sea)

Repeal the definition.

1101 Subsection 44(1) (subparagraph (d)(iii) of the definition of protected information)

Omit “(within the meaning of section 41)”.

Sydney Harbour Federation Trust Act 2001

1102 Subsection 14(1)

Omit “(1)”.

1103 At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1104 Subsection 14(2)

Repeal the subsection.

1105 At the end of subsections 42(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1106 Subsection 42(3)

Repeal the subsection.

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Schedule 2 Consequential amendments

Tax Agent Services Act 2009

1107 Section 60-30 (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

1108 After section 80-1

Insert:

80-2 What does not form part of this Act

Tables of Subdivisions and tables of sections do not form part of

this Act.

Taxation Administration Act 1953

1109 At the end of subsections 6B(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1110 Subsections 6B(3) to (5) and (8) to (10)

Repeal the subsections.

1111 Subsection 850-100(5) in Schedule 1 (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Tax Laws Amendment (2009 Measures No. 6) Act 2010

1112 Item 26 of Schedule 2 (heading)

Omit “section 8”, substitute “section 7”.

1113 Item 26 of Schedule 2

Omit “section 8”, substitute “section 7”.

Telecommunications Act 1997

1114 Subsection 11(5) (definition of continental shelf)

Repeal the definition.

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1115 Subsection 87(4) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1116 Subsection 95(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1117 Subsection 96(1) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1118 Paragraph 377(1)(a)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1119 Paragraphs 378(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1120 Paragraph 381(1)(a)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1121 Paragraphs 382(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1122 Paragraph 385(1)(a)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1123 Paragraphs 386(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1124 Paragraphs 405(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

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Schedule 2 Consequential amendments

1125 Paragraphs 422(2)(a) and (b)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1126 Subsection 531C(1) (note)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1127 Section 531M (note 1)

Omit “section 17AA”, substitute “section 2B”.

1128 Subsection 531N(4) (note)

Omit “section 17AA”, substitute “section 2B”.

1129 Clause 31 of Schedule 1 (definition of business day)

Repeal the definition.

1130 Clause 2 of Schedule 3 (definition of business day)

Repeal the definition.

1131 Subclause 6(3) of Schedule 3 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1132 Subclause 27(8) of Schedule 3 (note)

Omit “section 46”, substitute “subsection 33(3AB)”.

1133 Subclauses 44(4) and (5) of Schedule 3 (note)

Omit “section 46 of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1134 Subclause 46(1) of Schedule 3 (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1135 Subclause 2(1) of Schedule 3A (definition of continental shelf)

Repeal the definition.

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1136 Subclause 2(1) of Schedule 3A (definition of exclusive economic zone)

Repeal the definition.

Telecommunications (Consumer Protection and Service

Standards) Act 1999

1137 Subsection 158V(1)

Omit “(1)”.

1138 At the end of subsection 158V(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1139 Subsection 158V(2)

Repeal the subsection.

Telecommunications (Interception and Access) Act 1979

1140 Subsection 203(1) (note 2)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

Telecommunications (Numbering Charges) Act 1997

1141 Subsection 15(2) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

1142 Subsection 22(3) (note)

Omit “subsection 46(2) of the Acts Interpretation Act 1901”, substitute

“subsection 13(3) of the Legislative Instruments Act 2003”.

Terrorism Insurance Act 2003

1143 Section 3 (note at the end of the definition of Australia)

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Omit “paragraph 17(a) of the Acts Interpretation Act 1901 (which”,

substitute “section 2B of the Acts Interpretation Act 1901 (which

provides that in any Act Australia”.

1144 Subsection 14(1)

Omit “(1)”.

1145 At the end of subsection 14(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1146 Subsection 14(2)

Repeal the subsection.

1147 At the end of subsections 27(1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1148 Subsection 27(3)

Repeal the subsection.

Textile, Clothing and Footwear Investment and Innovation

Programs Act 1999

1149 Section 4 (definition of business day)

Repeal the definition.

Therapeutic Goods Act 1989

1150 Subparagraph 10(2)(a)(vii)

Omit “the Standards Australia International Limited”, substitute

“Standards Australia”.

1151 Subsection 32CB(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1152 Subsection 32CD(1) (note)

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Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1153 Subsection 38(2B) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1154 Subsection 40B(4) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1155 Paragraph 41CC(2)(a)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

1156 Paragraph 41DD(2)(a)

Omit “Standards Australia International Limited”, substitute “Standards

Australia”.

Tourism Australia Act 2004

1157 Subsection 16(1) (note)

Repeal the note, substitute:

Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.

1158 At the end of subsections 16(2) and (3)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1159 Subsection 16(4)

Repeal the subsection.

1160 Subsection 47(1)

Omit “(1)”.

1161 Subsection 47(1) (note)

Repeal the note, substitute:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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1162 Subsection 47(2)

Repeal the subsection.

Trade Marks Act 1995

1163 Section 6A (note)

Repeal the note, substitute:

Note: For example, a period of 3 months from an event on 30 September ends on 30 December under this rule.

1164 Subsection 215(7) (note)

Omit “Section 28A”, substitute “Subsection 28A(1)”.

Transport Safety Investigation Act 2003

1165 Subsection 13A(2) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

1166 At the end of subsection 13AH(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1167 Subsection 13AH(3)

Repeal the subsection.

1168 Subsection 63B(3) (note)

Omit “section 17AA”, substitute “section 2B”.

1169 Subsection 63C(2) (note)

Omit “section 17AA”, substitute “section 2B”.

Veterans’ Entitlements Act 1986

1170 Subparagraph 5E(2)(aa)(i)

Omit “section 22B”, substitute “section 2E”.

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War Graves Act 1980

1171 Subsection 10(1)

Omit “(1)”.

1172 Paragraph 10(1)(b)

Omit “office;”, substitute “office.”.

1173 Subsection 10(1)

Omit “but a person appointed to act during a vacancy shall not continue

so to act for more than 12 months.”.

1174 At the end of subsection 10(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1175 Subsections 10(2) to (7)

Repeal the subsections.

Water Act 2007

1176 Subsection 178(1) (note)

Repeal the note, substitute:

Note: An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1177 Subsection 179(2) (note)

Repeal the note, substitute:

Note: An Authority member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1178 At the end of subsections 180(1A), (1) and (2)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1179 Subsection 180(5)

Repeal the subsection.

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1180 Subsection 201A(1) (note)

Repeal the note, substitute:

Note: The Chair of the Basin Officials Committee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1181 At the end of subsection 201B(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1182 Subsection 201B(5)

Repeal the subsection.

1183 Subsection 204(1) (note)

Repeal the note, substitute:

Note: An appointee may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

Wheat Export Marketing Act 2008

1184 Section 5 (definition of business day)

Repeal the definition.

1185 Subsection 32(1) (note 1)

Omit “subsection 46(3)”, substitute “subsection 33(3AB)”.

1186 Subsection 41(1) (note)

Omit “subsection 33(4A)”, substitute “section 33AA”.

1187 Section 42 (note)

Repeal the note, substitute:

Note: A WEA member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.

1188 At the end of subsection 43(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

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1189 Subsection 43(3)

Repeal the subsection.

1190 Subsection 57(1) (note)

Omit “section 17AA”, substitute “section 2B”.

Wine Australia Corporation Act 1980

1191 Subsection 29J(1)

Omit “(1)”.

1192 Paragraph 29J(1)(b)

Omit “Presiding Member;”, substitute “Presiding Member.”.

1193 Subsection 29J(1)

Omit “but a person appointed to act during a vacancy shall not continue

to act for more than 12 months.”.

1194 At the end of subsection 29J(1)

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1195 Subsections 29J(2) to (8)

Repeal the subsections.

1196 Subclause 3(1) of the Schedule

Omit “(1)”.

1197 At the end of subclause 3(1) of the Schedule

Add:

Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

1198 Subclause 3(2) of the Schedule

Repeal the subclause.

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Schedule 3 Application, saving and transitional provisions

Schedule 3—Application, saving and transitional provisions

1 Application—general

Subject to this Schedule, the amendments and repeals made by

Schedule 1 apply, on and after the commencement of Schedule 1, in

relation to Acts enacted before, on or after that commencement.

2 Transitional—Gazette

The reference to the Commonwealth of Australia Gazette in the

definition of Gazette in section 2B of the Acts Interpretation Act 1901

includes a reference to the Australian Government Gazette published

during the period commencing on 1 July 1973 and ending immediately

before 1 July 1977.

3 Application and saving—commencement

(1) The amendments made by items 8 and 10 of Schedule 1 apply in

relation to Acts receiving the Royal Assent on or after the

commencement of those items.

(2) The amendment made by item 9 of Schedule 1 does not affect the

validity of the exercise of a power, or the validity of anything done, in

accordance with section 4 of the Acts Interpretation Act 1901 before the

commencement of that item.

4 Application—effect of repeal or amendment of Act

The amendment made by item 13 of Schedule 1 applies to repeals,

amendments, expiries, lapses, cessations, abrogations, limitations and

exclusions occurring on or after the commencement of that item.

5 Application—Acts applying in coastal sea

The amendment made by item 25 of Schedule 1 applies in relation to

Acts enacted before, on or after the commencement of that item.

6 Saving—Ministerial authorisations

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Despite the repeal of section 18C of the Acts Interpretation Act 1901

made by Schedule 1, that section, as in force immediately before the

commencement of this item, continues to apply on and after that

commencement in relation to an authorisation in effect under that

section immediately before that repeal.

7 Saving—registered relationships

Despite the amendment made by item 48 of Schedule 1, regulations in

force for the purposes of section 22B of the Acts Interpretation Act

1901 immediately before the commencement of that item continue in

effect, after that commencement, as if they had been made for the

purposes of section 2E of that Act, as in force after that commencement.

8 Application—delegations

The amendment made by item 89 of Schedule 1 applies in relation to

alterations or additions that are made on or after the commencement of

that item (regardless of whether the delegation referred to in paragraph

34AB(2)(a) or (3)(a) of the Acts Interpretation Act 1901, as inserted by

this Act, is made before, on or after that commencement).

9 Saving—previous interpretation preserved

The amendments made by items 63, 65, 67, 69, 70, 71, 72, 80, 82, 84,

85, 87, 88, 90, 104, 111, 113, 114 and 115 of Schedule 1 do not affect

by implication the interpretation of:

(a) subsection 33(1), (2), (3), (3A) or (3B) or 46(1) or (3) or

section 34AA, 34AB or 34A of the Acts Interpretation Act

1901; or

(b) subsection 13(1) or (3) of the Legislative Instruments Act

2003;

at a time before the commencement of those items.

10 Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an

appointment that was made under an Act before the commencement of

this item and that was in force immediately before that commencement.

11 Transitional regulations

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Schedule 3 Application, saving and transitional provisions

The Governor-General may make regulations prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to the amendments and repeals made by

Schedules 1 and 2.

[Minister’s second reading speech made in—

House of Representatives on 12 May 2011

Senate on 14 June 2011]

(79/11)

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