Commonwealth Numbered Acts

PARLIAMENTARY COUNSEL AND OTHER LEGISLATION AMENDMENT ACT 2012 (NO. 107, 2012) - SCHEDULE 2

Part 1 -- Amendments

Acts Publication Act 1905

1  Section 1A

Insert:

"First Parliamentary Counsel" means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970 .

2  Section 1A (definition of Secretary )

Repeal the definition.

3  Subsection 4(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

4  Subsection 4(2)

Omit "Secretary", substitute "First Parliamentary Counsel".

5  Subsection 4(3)

Omit "Secretary", substitute "First Parliamentary Counsel".

6  Subsection 8(1)

Omit "Secretary" (wherever occurring), substitute "First Parliamentary Counsel".

7  Subsection 8(2)

Omit "Secretary", substitute "First Parliamentary Counsel".

Family Law Act 1975

8  Subsection 123(2A)

Omit "Department", substitute "Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970 )".

Federal Court of Australia Act 1976

9  Subsection 59(5)

Omit "Department", substitute "Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970 )".

Federal Magistrates Act 1999

10  Subsection 81(4)

Omit "Department", substitute "Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970 )".

Judiciary Act 1903

11  Subsection 86(3)

Omit "Department", substitute "Office of Parliamentary Counsel (established by subsection 2(1) of the Parliamentary Counsel Act 1970 )".

Legislative Instruments Act 2003

12  Subsection 4(1)

Insert:

"First Parliamentary Counsel" means the person appointed to the position of First Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970 .

13  Subsection 4(1)

Insert:

"Office of Parliamentary Counsel" means the Office established by subsection 2(1) of the Parliamentary Counsel Act 1970 .

14  Subsection 4(1)

Insert:

"Second Parliamentary Counsel" means a person appointed to the position of Second Parliamentary Counsel under subsection 4(1) of the Parliamentary Counsel Act 1970 .

15  Subsection 4(1) (definition of Secretary )

Repeal the definition.

16  Subsection 16(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

17  Paragraph 16(2)(d)

Omit "other Departments or agencies", substitute "Departments or other agencies".

18  Paragraph 16(2)(e)

Omit "other Departments or agencies", substitute "Departments or other agencies".

19  Paragraph 16(2)(e)

Omit "Department", substitute "Office of Parliamentary Counsel".

20  Paragraph 16(2)(f)

Omit "other Departments or agencies", substitute "Departments or other agencies".

21  Subsection 16(3)

Omit "Secretary", substitute "First Parliamentary Counsel".

22  Subsection 20(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

23  Subsection 20(1A)

Omit "Secretary", substitute "First Parliamentary Counsel".

24  Subsection 23(1)

Omit "Secretary" (wherever occurring), substitute "First Parliamentary Counsel".

25  Subsection 25(1)

Omit "Department", substitute "Office of Parliamentary Counsel".

26  Paragraph 25(2)(d)

Omit "Secretary", substitute "First Parliamentary Counsel".

27  Subsection 27(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

28  Subsection 29(1)

Omit "Department", substitute "Office of Parliamentary Counsel".

29  Subsection 29(2)

Omit "Department", substitute "Office of Parliamentary Counsel".

30  Paragraph 29(3)(d)

Omit "Secretary", substitute "First Parliamentary Counsel".

31  Subsection 30(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

32  Subsection 31(2)

Omit "Secretary", substitute "First Parliamentary Counsel".

33  Subsection 31(3)

Omit "Secretary" (wherever occurring), substitute "First Parliamentary Counsel".

34  Subsection 33(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

35  Subsection 33(2)

Omit "Secretary" (wherever occurring), substitute "First Parliamentary Counsel".

36  Section 34 (heading)

Repeal the heading, substitute:

34   First Parliamentary Counsel may require provision of compilations for registration purposes

37  Subsection 34(1)

Omit "Secretary", substitute "First Parliamentary Counsel".

38  Subsection 34(2)

Omit "Secretary", substitute "First Parliamentary Counsel".

39  Subsection 34(3)

Omit "Secretary" (wherever occurring), substitute "First Parliamentary Counsel".

40  Subsection 38(1)

Omit "Department", substitute "Office of Parliamentary Counsel".

41  Subsection 39(1)

Omit "Department", substitute "Office of Parliamentary Counsel".

42  Subsection 39(2)

Omit "Department" (first occurring), substitute "Office of Parliamentary Counsel".

43  Subsection 39(2)

Omit "Department" (second and third occurring), substitute "Office".

44  Subsection 52(3)

Omit "Department", substitute "Office of Parliamentary Counsel".

45  Section 58

Repeal the section, substitute:

58   Delegation

                   The First Parliamentary Counsel may, by signed instrument, delegate to:

                     (a)  a Second Parliamentary Counsel; or

                     (b)  an SES employee in the Office of Parliamentary Counsel; or

                     (c)  an SES employee in the Department;

any of the powers or functions of the First Parliamentary Counsel under this Act.

Part 2 -- Transitional and saving provisions

46  Definitions

(1)       In this Part:

Secretary means the Secretary of the Department.

(2)       To avoid doubt, a reference in this Part to doing a thing includes a reference to making an instrument.

47  Things done under the Acts Publication Act 1905

(1)       If, before the commencement of this item, a thing was done by or in relation to the Secretary under a provision of the Acts Publication Act 1905 then, for the purposes of the operation of any law of the Commonwealth on and after the commencement of this item, the thing is taken to have been done by or in relation to the First Parliamentary Counsel under that provision as in force after the commencement of this item.

(2)       Subitem (1) is not to be taken to change the time at which a thing was done by or in relation to the Secretary.

48  Things done under the Legislative Instruments Act 2003

(1)       If, before the commencement of this item, a thing was done by or in relation to the Secretary under a provision of the Legislative Instruments Act 2003 (or of regulations made under that Act) then, for the purposes of the operation of any law of the Commonwealth on and after the commencement of this item, the thing is taken to have been done by or in relation to the First Parliamentary Counsel under that provision as in force after the commencement of this item.

(2)       If, before the commencement of this item, a thing was done by or in relation to the Department under a provision of the Legislative Instruments Act 2003 (or of regulations made under that Act) then, for the purposes of the operation of any law of the Commonwealth on and after the commencement of this item, the thing is taken to have been done by or in relation to the Office of Parliamentary Counsel under that provision as in force after the commencement of this item.

(3)       Neither subitem (1) nor (2) is to be taken to change the time at which a thing was done by or in relation to the Secretary or the Department.