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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Update (Autumn 2018) Bill 2018
No. , 2018
(Attorney-General)
A Bill for an Act to make various technical and
minor amendments of the statute law of the
Commonwealth, to repeal certain obsolete Acts,
and for related purposes
No. , 2018
Statute Update (Autumn 2018) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments of principal Acts
3
Criminal Code Act 1995
3
Education Services for Overseas Students Act 2000
3
Equal Employment Opportunity (Commonwealth Authorities) Act
1987
3
Renewable Energy (Electricity) Act 2000
3
Trade Support Loans Act 2014
4
Schedule 2--Chartered Accountants Australia and New
Zealand
5
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
5
Australian Research Council Act 2001
5
National Land Transport Act 2014
5
Natural Resources Management (Financial Assistance) Act 1992
5
Schedule 3--Amendments consequential on the Acts and
Instruments (Framework Reform) Act 2015
6
Food Standards Australia New Zealand Act 1991
6
Schedule 4--Norfolk Island
9
Bankruptcy (Estate Charges) Act 1997
9
Commonwealth Banks Restructuring Act 1990
9
Export Inspection Charges Collection Act 1985
9
Export Inspection (Establishment Registration Charges) Act 1985
9
Export Inspection (Quantity Charge) Act 1985
9
Export Inspection (Service Charge) Act 1985
10
Fringe Benefits Tax Act 1986
10
Income Tax (Deferred Interest Securities) (Tax File Number
Withholding Tax) Act 1991
10
Marine Navigation Levy Act 1989
10
Marine Navigation (Regulatory Functions) Levy Act 1991
10
ii
Statute Update (Autumn 2018) Bill 2018
No. , 2018
National Residue Survey (Customs) Levy Act 1998
10
National Residue Survey (Excise) Levy Act 1998
11
Primary Industries (Customs) Charges Act 1999
11
Primary Industries (Excise) Levies Act 1999
11
Primary Industries Levies and Charges Collection Act 1991
11
Renewable Energy (Electricity) (Large-scale Generation Shortfall
Charge) Act 2000
11
Renewable Energy (Electricity) (Small-scale Technology Shortfall
Charge) Act 2010
11
Telecommunications (Carrier Licence Charges) Act 1997
12
Telecommunications (Industry Levy) Act 2012
12
Telecommunications (Numbering Charges) Act 1997
12
True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Act 2014
12
True-up Shortfall Levy (General) (Carbon Tax Repeal) Act 2014
12
Schedule 5--Repeals of spent provisions
13
Social Security Legislation Amendment (One-off Payments for Carers)
Act 2005
13
Telstra Corporation Act 1991
13
Schedule 6--Repeals of obsolete amending Acts
14
ACIS Administration Amendment Act 2000
14
ACIS Administration Amendment Act 2002
14
ACIS Administration Amendment Act 2003
14
ACIS Administration Amendment Act 2009
14
ACIS Administration Amendment (Application) Act 2009
14
ACIS Administration Amendment (Unearned Credit Liability) Act
2007
14
Australian Industry Development Corporation Amendment Act 1980
14
Australian Industry Development Corporation Amendment Act 1992
14
Australian Workforce and Productivity Agency Repeal Act 2014
14
Bounty Acts Amendment Act 1982
14
Bounty and Subsidy Legislation Amendment Act 1986
14
Bounty and Subsidy Legislation Amendment Act 1987
14
Bounty and Subsidy Legislation Amendment Act (No. 2) 1986
15
No. , 2018
Statute Update (Autumn 2018) Bill 2018
iii
Bounty and Subsidy Legislation Amendment Act (No. 2) 1988
15
Bounty (Commercial Motor Vehicles) Amendment Act 1985
15
Bounty (Commercial Motor Vehicles) Amendment Act (No. 2) 1985
15
Bounty (Injection-moulding Equipment) Amendment Act 1983
15
Bounty (Injection-moulding Equipment) Amendment Act 1985
15
Bounty Legislation Amendment Act 1995
15
Customs Tariff (Coal Export Duty) Amendment Act 1987
15
Customs Tariff (Uranium Concentrate Export Duty) Amendment Act
1987
15
Customs Tariff (Uranium Concentrate Export Duty) Amendment Act
1989
15
Energy Efficiency Opportunities Amendment Act 2007
15
Energy Efficiency Opportunities (Repeal) Act 2014
15
Fertilizers (Subsidy) Amendment Act 1985
15
Petroleum (Submerged Lands) Amendment Act 1980
15
Petroleum (Submerged Lands) Amendment Act 1991
16
Petroleum (Submerged Lands) Amendment Act 2002
16
Petroleum (Submerged Lands) Amendment Act 2003
16
Petroleum (Submerged Lands) (Exploration Permit Fees) Amendment
Act 1980
16
Petroleum (Submerged Lands) Legislation Amendment Act 1987
16
Petroleum (Submerged Lands) Legislation Amendment Act (No. 1)
2000
16
Petroleum (Submerged Lands) Legislation Amendment Act (No. 2)
2000
16
Petroleum (Submerged Lands) (Pipeline Licence Fees) Amendment
Act 1980
16
Petroleum (Submerged Lands) (Production Licence Fees) Amendment
Act 1980
16
Petroleum (Submerged Lands) (Registration Fees) Amendment Act
1980
16
Petroleum (Submerged Lands) (Registration Fees) Amendment Act
2001
16
Petroleum (Submerged Lands) (Royalty) Amendment Act 1980
16
States Grants (Petroleum Products) Amendment Act 1978
16
iv
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Textiles, Clothing and Footwear Development Authority Amendment
Act 1991
17
No. , 2018
Statute Update (Autumn 2018) Bill 2018
1
A Bill for an Act to make various technical and
1
minor amendments of the statute law of the
2
Commonwealth, to repeal certain obsolete Acts,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Statute Update (Autumn 2018) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Statute Update (Autumn 2018) Bill 2018
No. , 2018
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day after this Act receives the Royal
Assent.
2. Schedule 1,
items 1 to 6
The 28th day after this Act receives the
Royal Assent.
3. Schedule 1,
items 7 and 8
1 July 2017.
1 July 2017
4. Schedules 2 to
6
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments of principal Acts Schedule 1
No. , 2018
Statute Update (Autumn 2018) Bill 2018
3
Schedule 1--Amendments of principal Acts
1
2
Criminal Code Act 1995
3
1 Paragraph 104.29(2)(i) of the Criminal Code
4
Omit "Crimes Act 1914.", substitute "Crimes Act 1914;".
5
Note:
This item fixes a punctuation error.
6
Education Services for Overseas Students Act 2000
7
2 Subsection 149(1)
8
Omit "authorised employee", substitute "authorised officer".
9
Note:
This item fixes a reference to an incorrect concept.
10
Equal Employment Opportunity (Commonwealth
11
Authorities) Act 1987
12
3 Subsection 3(1) (paragraph (a) of the definition of trade
13
union)
14
Omit "Conciliation and Arbitration Act 1904", substitute "Fair Work
15
(Registered Organisations) Act 2009
".
16
Note:
This item replaces a reference to a repealed Act with a reference to the correct current
17
Act.
18
Renewable Energy (Electricity) Act 2000
19
4 Subsection 24(2) (note 1)
20
Omit "Chapter 3 of the Criminal Code", substitute "Part IA of the
21
Crimes Act 1914".
22
Note:
This item fixes an incorrect cross-reference.
23
5 Subsection 24(3) (note)
24
Omit "Chapter 3 of the Criminal Code", substitute "Part IA of the
25
Crimes Act 1914".
26
Note:
This item fixes an incorrect cross-reference.
27
Schedule 1 Amendments of principal Acts
4
Statute Update (Autumn 2018) Bill 2018
No. , 2018
6 Subsection 154(2) (note 1)
1
Omit "Chapter 3 of the Criminal Code", substitute "Part IA of the
2
Crimes Act 1914".
3
Note:
This item fixes an incorrect cross-reference.
4
Trade Support Loans Act 2014
5
7 Subsection 99(4) (formula)
6
Repeal the formula, substitute:
7
Index number for most recent March quarter before the indexation day
Index number for highest previous March quarter
8
8 Paragraph 99(5)(a)
9
Repeal the paragraph, substitute:
10
(a) the highest previous March quarter is the March quarter,
11
before the most recent March quarter before the indexation
12
day, with the highest index number (disregarding any March
13
quarter that is earlier than the 2014 March quarter); and
14
Chartered Accountants Australia and New Zealand Schedule 2
No. , 2018
Statute Update (Autumn 2018) Bill 2018
5
Schedule 2--Chartered Accountants Australia
1
and New Zealand
2
3
Anti-Money Laundering and Counter-Terrorism Financing
4
Act 2006
5
1 Section 5 (paragraph (b) of the definition of qualified
6
accountant)
7
Omit "the Institute of Chartered Accountants in Australia", substitute
8
"Chartered Accountants Australia and New Zealand".
9
Australian Research Council Act 2001
10
2 Subsection 58(2) (paragraph (c) of the definition of qualified
11
auditor)
12
Omit "the Institute of Chartered Accountants in Australia", substitute
13
"Chartered Accountants Australia and New Zealand".
14
National Land Transport Act 2014
15
3 Subsection 4(1) (subparagraph (c)(ii) of the definition of
16
appropriate auditor)
17
Omit "the Institute of Chartered Accountants in Australia", substitute
18
"Chartered Accountants Australia and New Zealand".
19
Natural Resources Management (Financial Assistance) Act
20
1992
21
4 Subsection 9(5) (paragraph (b) of the definition of qualified
22
accountant)
23
Omit "the Institute of Chartered Accountants in Australia", substitute
24
"Chartered Accountants Australia and New Zealand".
25
Schedule 3 Amendments consequential on the Acts and Instruments (Framework
Reform) Act 2015
6
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Schedule 3--Amendments consequential on
1
the Acts and Instruments (Framework
2
Reform) Act 2015
3
4
Food Standards Australia New Zealand Act 1991
5
1 At the end of subsection 6(1)
6
Add:
7
Note 1:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
8
to the declaration: see subsection 44(1) of that Act.
9
Note 2:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
10
apply to the declaration: see subsection 54(1) of that Act.
11
2 Subsection 6(4)
12
Repeal the subsection.
13
3 At the end of subsection 23(1)
14
Add:
15
Note 1:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
16
to the guidelines: see subsection 44(1) of that Act.
17
Note 2:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
18
apply to the guidelines: see subsection 54(1) of that Act.
19
4 Subsection 23(4)
20
Repeal the subsection.
21
5 Subsection 82(2)
22
Omit ", but neither section 42 (disallowance) nor Part 6 (sunsetting) of
23
the Legislative Instruments Act 2003 applies to the variation".
24
6 At the end of subsection 82(2)
25
Add:
26
Note 1:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
27
to the variation: see subsection 44(1) of that Act.
28
Note 2:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
29
apply to the variation: see subsection 54(1) of that Act.
30
Amendments consequential on the Acts and Instruments (Framework Reform) Act 2015
Schedule 3
No. , 2018
Statute Update (Autumn 2018) Bill 2018
7
7 Subsection 82(7)
1
Omit "Legislative Instruments Act 2003", substitute "Legislation Act
2
2003".
3
8 Subsection 82(8)
4
Repeal the subsection, substitute:
5
When variation commences
6
(8) Despite subsection 12(1) of the Legislation Act 2003, a variation
7
made under subsection (1) of this section commences on the day a
8
copy of the variation is published as mentioned in subsection (7) of
9
this section.
10
9 Section 94
11
Repeal the section, substitute:
12
94 Standards and variations are legislative instruments
13
A standard, or a variation of a standard, in relation to which a
14
notice is published under section 92 is a legislative instrument.
15
Note 1:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
16
to the standard or variation: see subsection 44(1) of that Act.
17
Note 2:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
18
apply to the standard or variation: see subsection 54(1) of that Act.
19
10 Subsection 97(6)
20
Repeal the subsection, substitute:
21
Standards and variations are legislative instruments
22
(6) The standard, or the variation of the standard, in relation to which
23
notice is published under subsection (4), is a legislative instrument.
24
Note 1:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
25
to the standard or variation: see subsection 44(1) of that Act.
26
Note 2:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
27
apply to the standard or variation: see subsection 54(1) of that Act.
28
11 At the end of subsection 106(1)
29
Add:
30
Schedule 3 Amendments consequential on the Acts and Instruments (Framework
Reform) Act 2015
8
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Note 1:
Section 42 (disallowance) of the Legislation Act 2003 does not apply
1
to the instrument of revocation or amendment: see subsection 44(1) of
2
that Act.
3
Note 2:
Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not
4
apply to the instrument of revocation or amendment: see
5
subsection 54(1) of that Act.
6
12 Subsection 106(6)
7
Repeal the subsection.
8
Norfolk Island Schedule 4
No. , 2018
Statute Update (Autumn 2018) Bill 2018
9
Schedule 4--Norfolk Island
1
2
Bankruptcy (Estate Charges) Act 1997
3
1 Section 3
4
Omit ", of the Northern Territory or of Norfolk Island", substitute "or of
5
the Northern Territory".
6
Commonwealth Banks Restructuring Act 1990
7
2 Section 5
8
Omit ", of the Northern Territory and of Norfolk Island", substitute
9
"and of the Northern Territory".
10
Export Inspection Charges Collection Act 1985
11
3 Section 3B
12
Omit ", of the Northern Territory and of Norfolk Island", substitute
13
"and of the Northern Territory".
14
Export Inspection (Establishment Registration Charges) Act
15
1985
16
4 Section 5
17
Omit ", of the Northern Territory and of Norfolk Island", substitute
18
"and of the Northern Territory".
19
Export Inspection (Quantity Charge) Act 1985
20
5 Section 5
21
Omit ", of the Northern Territory and of Norfolk Island", substitute
22
"and of the Northern Territory".
23
Schedule 4 Norfolk Island
10
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Export Inspection (Service Charge) Act 1985
1
6 Section 5
2
Omit ", of the Northern Territory and of Norfolk Island", substitute
3
"and of the Northern Territory".
4
Fringe Benefits Tax Act 1986
5
7 Section 4
6
Omit ", of the Northern Territory and of Norfolk Island", substitute
7
"and of the Northern Territory".
8
Income Tax (Deferred Interest Securities) (Tax File Number
9
Withholding Tax) Act 1991
10
8 Section 3
11
Omit ", of the Northern Territory and of Norfolk Island", substitute
12
"and of the Northern Territory".
13
Marine Navigation Levy Act 1989
14
9 Section 5
15
Omit ", of the Northern Territory and of Norfolk Island", substitute
16
"and of the Northern Territory".
17
Marine Navigation (Regulatory Functions) Levy Act 1991
18
10 Section 5
19
Omit ", of the Northern Territory and of Norfolk Island", substitute
20
"and of the Northern Territory".
21
National Residue Survey (Customs) Levy Act 1998
22
11 Section 5
23
Omit ", of the Northern Territory and of Norfolk Island", substitute
24
"and of the Northern Territory".
25
Norfolk Island Schedule 4
No. , 2018
Statute Update (Autumn 2018) Bill 2018
11
National Residue Survey (Excise) Levy Act 1998
1
12 Section 5
2
Omit ", of the Northern Territory and of Norfolk Island", substitute
3
"and of the Northern Territory".
4
Primary Industries (Customs) Charges Act 1999
5
13 Section 5
6
Omit ", of the Northern Territory and of Norfolk Island", substitute
7
"and of the Northern Territory".
8
Primary Industries (Excise) Levies Act 1999
9
14 Section 5
10
Omit ", of the Northern Territory and of Norfolk Island", substitute
11
"and of the Northern Territory".
12
Primary Industries Levies and Charges Collection Act 1991
13
15 Subsection 5(1)
14
Omit "and of Norfolk Island".
15
Renewable Energy (Electricity) (Large-scale Generation
16
Shortfall Charge) Act 2000
17
16 Section 4
18
Omit ", of the Northern Territory and of Norfolk Island", substitute
19
"and of the Northern Territory".
20
Renewable Energy (Electricity) (Small-scale Technology
21
Shortfall Charge) Act 2010
22
17 Section 4
23
Omit ", of the Northern Territory and of Norfolk Island", substitute
24
"and of the Northern Territory".
25
Schedule 4 Norfolk Island
12
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Telecommunications (Carrier Licence Charges) Act 1997
1
18 Section 3
2
Omit ", of the Northern Territory and of Norfolk Island", substitute
3
"and of the Northern Territory".
4
Telecommunications (Industry Levy) Act 2012
5
19 Section 4
6
Omit ", of the Northern Territory and of Norfolk Island", substitute
7
"and of the Northern Territory".
8
Telecommunications (Numbering Charges) Act 1997
9
20 Section 3
10
Omit ", of the Northern Territory and of Norfolk Island", substitute
11
"and of the Northern Territory".
12
True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Act
13
2014
14
21 Section 4
15
Omit ", of the Northern Territory and of Norfolk Island", substitute
16
"and of the Northern Territory".
17
True-up Shortfall Levy (General) (Carbon Tax Repeal) Act
18
2014
19
22 Section 4
20
Omit ", of the Northern Territory and of Norfolk Island", substitute
21
"and of the Northern Territory".
22
Repeals of spent provisions Schedule 5
No. , 2018
Statute Update (Autumn 2018) Bill 2018
13
Schedule 5--Repeals of spent provisions
1
2
Social Security Legislation Amendment (One-off Payments
3
for Carers) Act 2005
4
1 Schedule 1
5
Repeal the Schedule.
6
Telstra Corporation Act 1991
7
2 Subsections 36(2), (2A) and (6)
8
Repeal the subsections.
9
Schedule 6 Repeals of obsolete amending Acts
14
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Schedule 6--Repeals of obsolete amending
1
Acts
2
3
1 Repeals of Acts
4
Repeal the following Acts:
5
ACIS Administration Amendment Act 2000
6
ACIS Administration Amendment Act 2002
7
ACIS Administration Amendment Act 2003
8
ACIS Administration Amendment Act 2009
9
ACIS Administration Amendment (Application) Act 2009
10
ACIS Administration Amendment (Unearned Credit
11
Liability) Act 2007
12
Australian Industry Development Corporation Amendment
13
Act 1980
14
Australian Industry Development Corporation Amendment
15
Act 1992
16
Australian Workforce and Productivity Agency Repeal Act
17
2014
18
Bounty Acts Amendment Act 1982
19
Bounty and Subsidy Legislation Amendment Act 1986
20
Bounty and Subsidy Legislation Amendment Act 1987
21
Repeals of obsolete amending Acts Schedule 6
No. , 2018
Statute Update (Autumn 2018) Bill 2018
15
Bounty and Subsidy Legislation Amendment Act (No. 2)
1
1986
2
Bounty and Subsidy Legislation Amendment Act (No. 2)
3
1988
4
Bounty (Commercial Motor Vehicles) Amendment Act 1985
5
Bounty (Commercial Motor Vehicles) Amendment Act
6
(No. 2) 1985
7
Bounty (Injection-moulding Equipment) Amendment Act
8
1983
9
Bounty (Injection-moulding Equipment) Amendment Act
10
1985
11
Bounty Legislation Amendment Act 1995
12
Customs Tariff (Coal Export Duty) Amendment Act 1987
13
Customs Tariff (Uranium Concentrate Export Duty)
14
Amendment Act 1987
15
Customs Tariff (Uranium Concentrate Export Duty)
16
Amendment Act 1989
17
Energy Efficiency Opportunities Amendment Act 2007
18
Energy Efficiency Opportunities (Repeal) Act 2014
19
Fertilizers (Subsidy) Amendment Act 1985
20
Petroleum (Submerged Lands) Amendment Act 1980
21
Schedule 6 Repeals of obsolete amending Acts
16
Statute Update (Autumn 2018) Bill 2018
No. , 2018
Petroleum (Submerged Lands) Amendment Act 1991
1
Petroleum (Submerged Lands) Amendment Act 2002
2
Petroleum (Submerged Lands) Amendment Act 2003
3
Petroleum (Submerged Lands) (Exploration Permit Fees)
4
Amendment Act 1980
5
Petroleum (Submerged Lands) Legislation Amendment Act
6
1987
7
Petroleum (Submerged Lands) Legislation Amendment Act
8
(No. 1) 2000
9
Petroleum (Submerged Lands) Legislation Amendment Act
10
(No. 2) 2000
11
Petroleum (Submerged Lands) (Pipeline Licence Fees)
12
Amendment Act 1980
13
Petroleum (Submerged Lands) (Production Licence Fees)
14
Amendment Act 1980
15
Petroleum (Submerged Lands) (Registration Fees)
16
Amendment Act 1980
17
Petroleum (Submerged Lands) (Registration Fees)
18
Amendment Act 2001
19
Petroleum (Submerged Lands) (Royalty) Amendment Act
20
1980
21
States Grants (Petroleum Products) Amendment Act 1978
22
Repeals of obsolete amending Acts Schedule 6
No. , 2018
Statute Update (Autumn 2018) Bill 2018
17
Textiles, Clothing and Footwear Development Authority
1
Amendment Act 1991
2
2 Saving provision
3
If, under an Act repealed by this Schedule, a decision, act or thing was
4
taken to be, or to continue to be, valid to any extent immediately before
5
the commencement of this item, then the decision, act or thing
6
continues to be taken to be valid to the same extent after the
7
commencement of this item.
8