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This is a Bill, not an Act. For current law, see the Acts databases.
1998
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Acts
Interpretation Amendment Bill 1998
No.
,
1998
(Attorney-General)
A
Bill for an Act to amend the Acts Interpretation Act 1901 in relation to
references in Acts to Ministers, and for related purposes
ISBN: 0642
377782
Contents
A Bill for an Act to amend the Acts Interpretation Act
1901 in relation to references in Acts to Ministers, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Acts Interpretation Amendment Act
1998.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 After section 18B
Insert:
(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 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 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) Despite subsection (3), an authorisation under subsection (1) may be
revoked at any time by the authorising Minister.
(5) An authorisation under subsection (1) given to a Minister, and the
revocation of such an authorisation, may be oral or in writing.
(6) An authorisation under subsection (1) given to a member of the
Executive Council who is not a Minister, and the revocation of such an
authorisation, must be in writing.
(7) 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.
(8) In this section:
function includes duty.
2 Validation of past
authorisations
(1) Any authorisation that a Minister (the authorising
Minister) purported to give before the commencement of item 1 to another
Minister or member of the Executive Council to act on behalf of the authorising
Minister in the performance of functions, or the exercise of powers, that the
authorising Minister was empowered to perform or exercise under an Act or a
provision of an Act is taken to have been, at all times before that commencement
when the authorisation purported to be in force, as valid as it would have been
if the section inserted by that item had been in force when the purported
authorisation was given.
(2) If an authorisation that a Minister (the authorising
Minister) purported to give before the commencement of item 1 to another
Minister or member of the Executive Council to act on behalf of the authorising
Minister in the performance of functions, or the exercise of powers, that the
authorising Minister was empowered to perform or exercise under an Act or a
provision of an Act purported to be in force immediately before that
commencement, the purported authorisation has the effect after that commencement
that it would have if the section inserted by that item had been in force when
the purported authorisation was given.
3 Section 19
Omit “unless the contrary intention appears”.
4 Subsection 19A(1)
Omit all the words before paragraph (a), substitute:
If a provision of an Act:
(aa) refers to a Minister by using the expression “the
Minister” without specifying which Minister is referred to; or
(ab) refers to a particular Minister;
then, unless the contrary intention appears, the reference is a reference
to:
5 Validation of past acts
Any act that a Minister purported to do before the commencement of this Act
on behalf of another Minister in the purported performance of a function or the
purported exercise of a power conferred on the other Minister by an Act or by an
instrument (including a regulation, rule or Proclamation) having effect under or
for the purposes of an Act is taken to have been as valid as it would have been
if:
(a) the amendment of subsection 19A(1) of the Acts Interpretation Act
1901 made by item 4 had been in force when the purported act was done;
and
(b) the purported act had been done by the first-mentioned Minister under
that subsection as amended by that item.
6 Paragraph 19BA(1)(b)
Omit “by virtue of administrative arrangements ordered”,
substitute “because of any order or appointment made”.
7 Validation of past orders
(1) Any order that the Governor-General purported to make before the
commencement of item 5 under paragraph 19BA(1)(c) of the Acts Interpretation
Act 1901 is taken to have been, at all times before that commencement when
the order purported to be in force, as valid as it would have been if the
amendment made by that item had been in force when the purported order was
made.
(2) If an order that the Governor-General purported to make before the
commencement of item 5 under paragraph 19BA(1)(c) of the Acts Interpretation
Act 1901 purported to be in force immediately before that commencement, the
purported order has the effect after that commencement that it would have if the
amendment made by that item had been in force when the purported order was
made.