Act 2018
No. 4, 2018
bodies, and for other purposes
(https://www.legislation.gov.au/)
Note: An electronic version of this Act is available on the Federal Register of Legislation
Statute Update (Smaller Government)
An Act to make various amendments of the statute
law of the Commonwealth to abolish statutory
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Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................2
3 Schedules...........................................................................................2
Schedule 1—Tradespersons’ rights committees 3
Part 1—Repeals of Acts 3
Tradespersons’ Rights Regulation Act 1946 3
Part 2—Other amendments 4
Sea Installations Act 1987 4
Schedule 2—Oil Stewardship Advisory Council 5
Product Stewardship (Oil) Act 2000 5
Schedule 3—Product Stewardship Advisory Group 6
Product Stewardship Act 2011 6
Schedule 4—Advisory Group of the Australian Sports
Anti-Doping Authority 7
Australian Sports Anti-Doping Authority Act 2006 7
Schedule 5—Plant Breeder’s Rights Advisory Committee 11
Plant Breeder’s Rights Act 1994 11
Schedule 6—Development Allowance Authority 13
Part 1—Repeals of Acts 13
Development Allowance Authority Act 1992 13
Infrastructure Certificate Cancellation Tax Act 1994 13
Part 2—Other amendments 14
Airports (Transitional) Act 1996 14
Income Tax Assessment Act 1936 14
Income Tax Assessment Act 1997 14
Taxation Administration Act 1953 16
Part 3—Application of amendments 17
Schedule 7—Corporations and Markets Advisory Committee 18
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Part 1—Amendments 18
Australian Securities and Investments Commission Act 2001 18
Part 2—Transitional and saving provisions 20
Statute Update (Smaller Government) Act 2018 No. 4, 2018ii
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Statute Update (Smaller Government)
Act 2018
No. 4, 2018
An Act to make various amendments of the statute
law of the Commonwealth to abolish statutory
bodies, and for other purposes
[Assented to 20 February 2018]
The Parliament of Australia enacts:
1 Short title
This Act is the Statute Update (Smaller Government) Act 2018.
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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
Provisions Commencement Date/Details
1. The whole of The day after this Act receives the Royal 21 February
this Act Assent. 2018
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Tradespersons’ rights committees Schedule 1
Repeals of Acts Part 1
Schedule 1—Tradespersons’ rights committees
Part 1—Repeals of Acts
Tradespersons’ Rights Regulation Act 1946
1 The whole of the Act
Repeal the Act.
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Schedule 1 Tradespersons’ rights committees
Part 2 Other amendments
Part 2—Other amendments
Sea Installations Act 1987
2 Schedule
Omit “Tradespersons’ Rights Regulation Act 1946”.
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Oil Stewardship Advisory Council Schedule 2
Schedule 2—Oil Stewardship Advisory Council
Product Stewardship (Oil) Act 2000
1 Subsection 6(1) (definition of Advisory Council)
Repeal the definition.
2 Subsection 6(1) (definition of voting member)
Repeal the definition.
3 Subsection 10(4)
Omit “The Minister may also take into consideration any relevant
recommendation made to the Minister by the Advisory Council.”.
4 Part 3
Repeal the Part.
5 Saving provision—protection from civil actions
Despite the repeal of Part 3 of the Product Stewardship (Oil) Act 2000
by this Schedule, section 31 of that Act, as in force immediately before
the commencement of this item, continues to apply on and after that
commencement in relation to an act done or omitted to be done before
that commencement by a member of the Oil Stewardship Advisory
Council.
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Schedule 3 Product Stewardship Advisory Group
Schedule 3—Product Stewardship Advisory Group
Product Stewardship Act 2011
1 Section 6 (definition of Advisory Group)
Repeal the definition.
2 Section 108B
Repeal the section.
3 Schedule 1
Repeal the Schedule.
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Advisory Group of the Australian Sports Anti-Doping Authority Schedule 4
Schedule 4—Advisory Group of the Australian Sports Anti-Doping Authority
Australian Sports Anti-Doping Authority Act 2006
1 Section 3
Omit “an Advisory Group,”.
2 Section 3
Omit “The Advisory Group provides advice and recommendations to
the CEO.”.
3 Section 4
Repeal the following definitions:
(a) definition of advisory committee;
(b) definition of advisory committee member;
(c) definition of Advisory Group;
(d) definition of Advisory Group Chair;
(e) definition of Advisory Group member.
4 Section 4 (definition of sporting administration body)
Omit “, the Advisory Group”.
5 Section 4 (paragraph (a) of the definition of vacancy)
Repeal the paragraph.
6 Subsection 5(1)
Repeal the subsection.
7 Section 20CA
Omit “The CEO must have regard to advice and recommendations
given to the CEO by the Advisory Group or an advisory committee.”.
8 Paragraph 21(1)(ka)
Repeal the paragraph.
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Schedule 4 Advisory Group of the Australian Sports Anti-Doping Authority
9 Subsection 21(1A)
Repeal the subsection.
10 Subsection 24A(2)
Omit “Advisory Group member or an”.
11 Paragraph 24J(2)(b)
Repeal the paragraph.
12 Division 6 of Part 3A
Repeal the Division.
13 Part 4
Repeal the Part.
14 Subsection 43(3)
Omit “, an ASDMAC member or an Advisory Group member”,
substitute “or an ASDMAC member”.
15 Subparagraph 50F(a)(ii)
Repeal the subparagraph.
16 Subparagraph 50F(d)(iii)
Repeal the subparagraph.
17 At the end of subparagraph 50F(d)(v)
Add “and”.
18 Subparagraph 50F(d)(vi)
Repeal the subparagraph.
19 Subparagraph 50F(e)(iii)
Repeal the subparagraph.
20 Subparagraph 50F(e)(iv)
Omit “41; and”, substitute “41.”.
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Advisory Group of the Australian Sports Anti-Doping Authority Schedule 4
21 Subparagraph 50F(e)(v)
Repeal the subparagraph.
22 Paragraph 68(e)
Omit “ASDMAC; or”, substitute “ASDMAC.”.
23 Paragraph 68(f)
Repeal the paragraph.
24 Paragraph 69(aa)
Repeal the paragraph.
25 Paragraph 69(g)
Omit “member; or”, substitute “member.”.
26 Paragraphs 69(h) and (i)
Repeal the paragraphs.
27 Subsection 78(1A)
Repeal the subsection.
28 Paragraphs 78(4)(a) to (c)
Omit “the Advisory Group,”.
29 Saving provisions
(1) Part 8 of the Australian Sports Anti-Doping Authority Act 2006, as in
force immediately before the commencement of this item, continues to
apply on and after that commencement in relation to:
(a) a person who was an Advisory Group member at any time
before that commencement; or
(b) an individual who attended a meeting of the Advisory Group
at any time before that commencement.
(2) Despite the repeal of subsection 78(1A) of the Australian Sports
Anti-Doping Authority Act 2006 made by this Schedule, that subsection,
as in force immediately before the commencement of this item,
continues to apply on and after that commencement to a former
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Schedule 4 Advisory Group of the Australian Sports Anti-Doping Authority
Advisory Group member in relation to an act done or omitted to be
done before that commencement.
(3) Subsection 78(4) of the Australian Sports Anti-Doping Authority Act
2006, as in force immediately before the commencement of this item,
continues to apply on and after that commencement in relation to the
making of a statement to, or the giving of a document or information to,
the Advisory Group at any time before that commencement.
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Plant Breeder’s Rights Advisory Committee Schedule 5
Schedule 5—Plant Breeder’s Rights Advisory Committee
Plant Breeder’s Rights Act 1994
1 Subsection 3(1)
Repeal the following definitions:
(a) definition of Advisory Committee;
(b) definition of indigenous;
(c) definition of member.
2 Subsection 49(1)
Repeal the subsection.
3 Subsection 49(2)
Omit “, having regard to the views of the Plant Breeder’s Rights
Advisory Committee on a matter referred under subsection (1),”.
4 Part 7
Repeal the Part.
5 Subsection 69(1)
Omit “and before the Minister seeks any advice from the Advisory
Committee concerning those regulations”.
6 Subsection 69(3)
Repeal the subsection.
7 Section 85
Repeal the section.
8 Transitional provisions
(1) If:
(a) before the commencement of this item, the Advisory
Committee had given views to the Minister on a matter
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Schedule 5 Plant Breeder’s Rights Advisory Committee
referred to the Committee under subsection 49(1) of the Plant
Breeder’s Rights Act 1994; and
(b) before that commencement, the Minister had not had regard
to those views;
then the Minister must have regard to those views on or after that
commencement.
(2) Any records or documents that were in the possession of the Advisory
Committee immediately before the commencement of this item are to
be transferred to the Registrar after that commencement.
Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.
(3) If:
(a) before the commencement of this item, the Advisory
Committee had given advice to the Minister on an intended
regulation as mentioned in section 69 of the Plant Breeder’s
Rights Act 1994; and
(b) before that commencement, the Minister had not had regard
to that advice;
then the Minister must have regard to that advice on or after that
commencement.
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Development Allowance Authority Schedule 6
Repeals of Acts Part 1
Schedule 6—Development Allowance Authority
Part 1—Repeals of Acts
Development Allowance Authority Act 1992
1 The whole of the Act
Repeal the Act.
Infrastructure Certificate Cancellation Tax Act 1994
2 The whole of the Act
Repeal the Act.
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Schedule 6 Development Allowance Authority
Part 2 Other amendments
Part 2—Other amendments
Airports (Transitional) Act 1996
3 Section 56
Repeal the section.
Income Tax Assessment Act 1936
4 Subsection 6(1) (paragraph (g) of the definition of assessment)
Repeal the paragraph.
5 Subsection 82KZME(1) (note)
Omit “(6),”.
6 Subsection 82KZME(6)
Repeal the subsection.
7 Paragraphs 126(1)(d) and 128B(3)(bb)
Repeal the paragraphs.
8 Division 16L of Part III
Repeal the Division.
Income Tax Assessment Act 1997
9 Section 10-5 (table item headed “infrastructure borrowings”)
Repeal the item.
10 Section 10-5 (table item headed “interest”)
Omit:
infrastructure borrowings, on ............................................159GZZZZG
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Development Allowance Authority Schedule 6
Other amendments Part 2
11 Section 11-15 (table item headed “financial transactions”)
Omit:
infrastructure borrowings, income in relation to ............... 159GZZZZE
12 Section 12-5 (table item headed “financial arrangements”)
Omit “infrastructure,”.
13 Section 12-5 (table item headed “infrastructure”)
Repeal the item, substitute:
infrastructure
see tax losses
14 Section 12-5 (table item headed “interest”)
Omit “see also infrastructure”.
15 Section 13-1 (table item headed “infrastructure”)
Repeal the item.
16 Paragraph 104-71(3)(a)
Repeal the paragraph, substitute:
(a) an amount that is not included in the assessable income of an
entity because of section 124ZM or 124ZN (which exempt
income arising from *shares in a *PDF) of the Income Tax
Assessment Act 1936; or
17 Section 112-97 (table item 12A)
Repeal the item.
18 Paragraphs 118-425(13)(d) and 118-427(14)(d)
After “Development Allowance Authority Act 1992”, insert “, as in force
just before the commencement of Schedule 6 to the Statute Update
(Smaller Government) Act 2018”.
19 Subsection 230-460(14)
Repeal the subsection.
20 Subsection 721-10(2) (note)
Repeal the note, substitute:
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Schedule 6 Development Allowance Authority
Part 2 Other amendments
Note: The other amounts referred to in item 3 of the table are interest
payable under section 102AAM of the Income Tax Assessment Act
1936 (distributions from certain non-resident trust estates).
Taxation Administration Act 1953
21 Subsection 3B(1B)
Repeal the subsection.
22 Section 8AB
Repeal the section.
23 Paragraph 8J(2)(ga)
Repeal the paragraph.
24 Subsections 8W(1B), 13K(11), 15(4) and 15A(11)
Repeal the subsections.
25 Subsection 250-10(1) in Schedule 1 (table item 105)
Repeal the item.
26 Subsection 355-65(5) in Schedule 1 (table item 3)
Repeal the item.
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Development Allowance Authority Schedule 6
Application of amendments Part 3
Part 3—Application of amendments
27 Application of amendments
(1) The amendments made by this Schedule (other than the repeal of Part 5
of Chapter 3 and Part 2 of Chapter 4 of the Development Allowance
Authority Act 1992) do not apply in relation to a certificate that is in
force just before the commencement of this item.
(2) For the purposes of applying, on or after that commencement, the Acts
amended by this Schedule, as those Acts apply because of subitem (1), a
reference in those Acts to the Development Allowance Authority is
treated as being a reference to the Commissioner of Taxation.
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Schedule 7 Corporations and Markets Advisory Committee
Part 1 Amendments
Schedule 7—Corporations and Markets Advisory Committee
Part 1—Amendments
Australian Securities and Investments Commission Act 2001
1 Title
Omit “, a Corporations and Markets Advisory Committee”.
2 Paragraph 1(1)(c)
Repeal the paragraph.
3 Subsection 5(1) (definition of CAMAC)
Repeal the definition.
4 Subsection 5(1) (definition of Convenor)
Repeal the definition.
5 Subsection 5(1) (paragraph (b) of the definition of meeting)
Repeal the paragraph.
6 Subsection 5(1) (paragraph (a) of the definition of member)
Omit “9,”.
7 Subsection 5(1) (paragraph (a) of the definition of member)
Omit “CAMAC,”.
8 Subsection 5(1) (paragraph (b) of the definition of member)
Repeal the paragraph.
9 Subsection 11(3)
Repeal the subsection, substitute:
(3) ASIC may, on its own initiative or when requested by the Minister,
advise the Minister, and make to the Minister such
recommendations as it thinks fit, about any matter connected with:
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(a) a proposal to make corporations legislation, or to make
amendments of the corporations legislation (other than the
excluded provisions); or
(b) the operation or administration of the corporations legislation
(other than the excluded provisions); or
(c) law reform in relation to the corporations legislation (other
than the excluded provisions); or
(d) companies or a segment of the financial products and
financial services industry; or
(e) a proposal for improving the efficiency of the financial
markets.
10 Paragraph 127(4)(a)
Omit “CAMAC,”.
11 Part 9
Repeal the Part.
12 Paragraphs 246(1)(b), (d) and (h)
Repeal the paragraphs.
13 At the end of section 261
Add:
Note: The Corporations and Markets Advisory Committee (CAMAC)
ceased to exist on the commencement of Schedule 7 to the Statute
Update (Smaller Government) Act 2018.
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Schedule 7 Corporations and Markets Advisory Committee
Part 2 Transitional and saving provisions
Part 2—Transitional and saving provisions
14 Definitions
(1) In this Part:
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual,
contingent or prospective.
CAMAC means the Corporations and Markets Advisory Committee.
commencement time means the time this Schedule commences.
instrument includes:
(a) a contract, undertaking, deed or agreement; and
(b) a notice, authority, order or instruction; and
(c) an instrument made under an Act or a regulation;
but does not include the following:
(d) an Act;
(e) an instrument made under this Act;
(f) the Corporations Agreement 2002.
land means any legal or equitable estate or interest in real property,
whether actual, contingent or prospective.
liability means any liability, duty or obligation, whether actual,
contingent or prospective.
rules means rules made under item 27.
Treasury Department means the Department administered by the
Treasury Minister.
Treasury Minister means the Minister administering the Australian
Securities and Investments Commission Act 2001.
Treasury Secretary means the Secretary of the Treasury Department.
(2) Section 5A of the Australian Securities and Investments Commission
Act 2001 applies to this Part as if the provisions of this Part were
provisions of that Act.
Note: Section 5A applies the Acts Interpretation Act 1901 as in force on 1 January 2005.
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15 Assets and liabilities
(1) At the commencement time, the assets and liabilities of CAMAC
immediately before that time cease to be assets and liabilities of
CAMAC and become assets and liabilities of the Commonwealth
without any conveyance, transfer or assignment.
(2) The Commonwealth becomes the successor in law in relation to those
assets and liabilities.
16 Certificates relating to vesting of assets
(1) If land vests in the Commonwealth under this Part and the Treasury
Minister signs a certificate that:
(a) identifies the land, whether by reference to a map or
otherwise; and
(b) states that the land has become vested in the Commonwealth
under this Part; and
(c) is lodged with the Registrar of Titles or other proper officer
of the State or Territory in which the land is situated;
the Registrar or other officer may:
(d) register the matter in a way that is the same as, or similar to,
the way in which dealings in land of that kind are registered;
and
(e) deal with, and give effect to, the certificate.
(2) If an asset other than land vests in the Commonwealth under this Part
and the Treasury Minister signs a certificate that:
(a) identifies the asset; and
(b) states that the asset has become vested in the Commonwealth
under this Part; and
(c) is lodged with the person or authority who has responsibility
for keeping a register in relation to assets of that kind
(whether under a law of the Commonwealth, a State or a
Territory, a trust instrument or otherwise);
the person or authority may:
(d) deal with, and give effect to, the certificate as if it were a
proper and appropriate instrument for transactions in relation
to assets of that kind; and
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(e) make such entries in the register as are necessary, having
regard to the effect of this Part.
(3) A document that appears to be a certificate made under this item is
taken, unless the contrary is established, to be such a certificate and to
have been properly made.
(4) A certificate made under this item is not a legislative instrument.
17 References in instruments to CAMAC
(1) If an instrument in force immediately before the commencement time
contains a reference to CAMAC, the instrument has effect from the
commencement time as if the reference were a reference to the
Commonwealth.
(2) Subitem (1) does not, by implication, prevent the instrument from being
varied or terminated after the commencement time.
(3) The rules may prescribe:
(a) instruments, or references contained in instruments, to which
subitem (1) does not apply; or
(b) instruments, or references contained in instruments, to which
subitem (1) applies as if the reference in that subitem to the
Commonwealth were a reference to the person prescribed by
the rules.
(4) Subsection 12(2) of the Legislation Act 2003 does not apply in relation
to rules made for the purposes of subitem (3) that commence on or after
the commencement time.
18 Operation of laws
(1) Subject to subitem (2), if a thing was done by, or in relation to,
CAMAC before the commencement time, then, for the purposes of the
operation of any law of the Commonwealth after the commencement
time, the thing is taken to have been done by, or in relation to, the
Commonwealth.
(2) For the purposes of the operation of the Ombudsman Act 1976 after the
commencement time, a thing done by, or in relation to, CAMAC before
the commencement time is taken to have been done by, or in relation to,
the Treasury Department.
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(3) The rules may prescribe:
(a) things in relation to which subitem (1) does not apply; or
(b) things in relation to which subitem (1) applies as if the
references in that subitem to the Commonwealth were
references to the person prescribed by the rules.
(4) Subsection 12(2) of the Legislation Act 2003 does not apply in relation
to rules made for the purposes of subitem (3) that commence on or after
the commencement time.
19 Legal proceedings
If, immediately before the commencement time, CAMAC was a party
to proceedings pending in any court or tribunal, the Commonwealth is
substituted for CAMAC as a party to the proceedings from that time.
20 Transfer of records to the Treasury Department
Any records or documents that were in the possession of CAMAC
immediately before the commencement time are to be transferred to the
Treasury Department.
Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.
21 Protection of information obtained from ASIC
If:
(a) before the commencement time, information was disclosed to
CAMAC in accordance with subsection 127(4) of the
Australian Securities and Investments Commission Act 2001;
and
(b) immediately before the commencement time, a person was
subject to a condition imposed under subsection 127(4A) of
that Act in relation to the information disclosed;
the person continues to be subject to the condition after the
commencement time.
22 Final report
(1) The Treasury Secretary must prepare and give to the Treasury Minister,
for presentation to the Parliament, a report on the activities of CAMAC
during the final reporting period.
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(2) The Minister administering the Public Governance, Performance and
Accountability Act 2013 may give the Treasury Secretary written
directions in relation to the report. The Treasury Secretary must comply
with any such directions in preparing the report.
(3) The Treasury Secretary must give the Treasury Minister the report
within 4 months after the end of the final reporting period.
(4) The Treasury Minister must table the report in each House of the
Parliament within 15 sitting days of that House after the report is given
to the Treasury Minister.
(5) In this item:
final reporting period means the period:
(a) starting on the first day after the end of the last period for
which an annual report on CAMAC’s operations or activities
was given to the Treasury Minister; and
(b) ending immediately before the commencement time.
23 Exemption from stamp duty etc.
No stamp duty or other tax is payable under a law of a State or Territory
in respect of the following, or anything connected with the following:
(a) the vesting of an asset or liability under this Part;
(b) the operation of this Part in any other respect.
24 Delegation by Ministers
(1) The Treasury Minister may, by writing, delegate all or any of his or her
powers and functions under this Part (other than under item 27) to:
(a) the Secretary of the Treasury Department; or
(b) an SES employee, or acting SES employee, in the Treasury
Department.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
(2) The Minister administering the Public Governance, Performance and
Accountability Act 2013 may delegate his or her power under
subitem 22(2) to the Secretary of the Department administered by that
Minister.
(3) In exercising powers or functions under a delegation, the delegate must
comply with any directions of the delegating Minister.
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25 Saving—operation of section 246 of the Australian Securities and Investments Commission Act 2001
(1) Despite the repeal of paragraphs 246(1)(b), (d) and (h) of the Australian
Securities and Investments Commission Act 2001 by this Schedule,
section 246 of that Act continues to apply, in relation to anything done
or omitted to be done before the commencement time, as if the repeal
had not happened.
(2) Paragraph 246(1)(b) of the Australian Securities and Investments
Commission Act 2001 as continued under subitem (1) has effect, in
relation to anything done or omitted to be done by CAMAC before the
commencement time, as if the Commonwealth were referred to in that
paragraph.
26 Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
person otherwise than on just terms (within the meaning of that
paragraph), the Commonwealth is liable to pay a reasonable amount of
compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in a court of
competent jurisdiction for the recovery from the Commonwealth of
such reasonable amount of compensation as the court determines.
27 Transitional rules
(1) The Treasury Minister may, by legislative instrument, make rules:
(a) prescribing matters required or permitted by this Schedule to
be prescribed by the rules; or
(b) in relation to transitional matters arising out of the
amendments and repeals made by this Schedule.
(2) However, to avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
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(d) set an amount to be appropriated from the Consolidated
Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(3) This Schedule (other than subitem (2)) does not limit the rules that may
be made for the purposes of subitem (1).
[Minister’s second reading speech made in—
House of Representatives on 22 June 2017
Senate on 14 September 2017]
(135/17)
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