2004-2005-2006 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2006 No. , 2006 (Employment and Workplace Relations) A Bill for an Act to amend legislation relating to safety, rehabilitation and compensation, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 2 Schedule 1--Main amendments 4 Part 1--Amendments 4 Military Rehabilitation and Compensation Act 2004 4 Safety, Rehabilitation and Compensation Act 1988 4 Part 2--Application, saving and transitional provisions 16 Schedule 2--Technical amendments relating to legislative instruments 18 Safety, Rehabilitation and Compensation Act 1988 18 [Page Break] 1 safety, rehabilitation and compensation, and for 2 related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Safety, Rehabilitation and 6 Compensation and Other Legislation Amendment Act 2006. 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 13 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal items 1 to 21 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. item 22 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal item 23 Assent. 5. Schedule 1, At the same time as the provision(s) covered item 24 by table item 3. 6. Schedule 1, The day after this Act receives the Royal item 25 Assent. 7. Schedule 1, At the same time as the provision(s) covered items 26 and 27 by table item 3. 8. Schedule 1, The day after this Act receives the Royal items 28 to 48 Assent. 9. Schedule 2 The day after this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally 1 passed by both Houses of the Parliament and assented to. It will not be 2 expanded to deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 [Page Break] 1 according to its terms. 2 [Page Break] Schedule 1--Main amendments 2 Part 1--Amendments 3 Military Rehabilitation and Compensation Act 2004 4 1 Subsection 267(1) 5 Omit "exceed $4,600", substitute "exceed the amount determined in 6 accordance with subsection (3)". 7 2 Subsection 267(1) (note) 8 Repeal the note. 9 3 At the end of section 267 10 Add: 11 (3) The maximum amount of compensation under subsection (1) is: 12 (a) $9,000; or 13 (b) if the regulations prescribe a higher amount--that amount. 14 Note: The amount of $9,000 is indexed under section 404. 15 4 Paragraph 404(1)(m) 16 Repeal the paragraph, substitute: 17 (m) paragraph 267(3)(a). 18 Safety, Rehabilitation and Compensation Act 1988 19 5 Subsection 4(1) (definition of disease) 20 Repeal the definition, substitute: 21 disease has the meaning given by section 5B. 22 6 Subsection 4(1) (definition of injury) 23 Repeal the definition, substitute: 24 injury has the meaning given by section 5A. 25 7 Subsection 4(1) 26 [Page Break] 1 retirement savings account means a retirement savings account 2 within the meaning of the Retirement Savings Accounts Act 1997. 3 8 Subsection 4(1) 4 Insert: 5 significant degree has the meaning given by subsection 5B(3). 6 9 Subsection 4(1) (paragraph (a) of the definition of suitable 7 employment) 8 Omit "in the case of an employee who, on the day on which he or she 9 was injured was a permanent employee of the Commonwealth or a 10 licensed corporation and who did not subsequently terminate that 11 employment", substitute "in the case of an employee who was a 12 permanent employee of the Commonwealth or a licensee on the day on 13 which he or she was injured and who continues to be so employed". 14 10 Subsection 4(1) (definition of superannuation scheme) 15 After "superannuation scheme under which", insert ", or retirement 16 savings account to which,". 17 11 After section 5 18 Insert: 19 5A Definition of injury 20 (1) In this Act: 21 injury means: 22 (a) a disease suffered by an employee; or 23 (b) an injury (other than a disease) suffered by an employee, that 24 is a physical or mental injury arising out of, or in the course 25 of, the employee's employment; or 26 (c) an aggravation of a physical or mental injury (other than a 27 disease) suffered by an employee (whether or not that injury 28 arose out of, or in the course of, the employee's 29 employment), that is an aggravation that arose out of, or in 30 the course of, that employment; 31 [Page Break] 1 result of reasonable administrative action taken in a reasonable 2 manner in respect of the employee's employment. 3 (2) For the purposes of subsection (1) and without limiting that 4 subsection, reasonable administrative action is taken to include 5 the following: 6 (a) a reasonable appraisal of the employee's performance; 7 (b) a reasonable counselling action (whether formal or informal) 8 taken in respect of the employee's employment; 9 (c) a reasonable suspension action in respect of the employee's 10 employment; 11 (d) a reasonable disciplinary action (whether formal or informal) 12 taken in respect of the employee's employment; 13 (e) anything reasonable done in connection with an action 14 mentioned in paragraph (a), (b), (c) or (d); 15 (f) anything reasonable done in connection with the employee's 16 failure to obtain a promotion, reclassification, transfer or 17 benefit, or to retain a benefit, in connection with his or her 18 employment. 19 5B Definition of disease 20 (1) In this Act: 21 disease means: 22 (a) an ailment suffered by an employee; or 23 (b) an aggravation of such an ailment; 24 that was contributed to, to a significant degree, by the employee's 25 employment by the Commonwealth or a licensee. 26 (2) In determining whether an ailment or aggravation was contributed 27 to, to a significant degree, by an employee's employment by the 28 Commonwealth or a licensee, the following matters may be taken 29 into account: 30 (a) the duration of the employment; 31 (b) the nature of, and particular tasks involved in, the 32 employment; 33 (c) any predisposition of the employee to the ailment or 34 aggravation; 35 (d) any activities of the employee not related to the employment; 36 [Page Break] 1 This subsection does not limit the matters that may be taken into 2 account. 3 (3) In this Act: 4 significant degree means a degree that is substantially more than 5 material. 6 12 Paragraph 6(1)(b) 7 Repeal the paragraph, substitute: 8 (b) while the employee was at the employee's place of work, 9 including during an ordinary recess, for the purposes of that 10 employment; or 11 (c) while the employee was temporarily absent from the 12 employee's place of work undertaking an activity: 13 (i) associated with the employee's employment; or 14 (ii) at the direction or request of the Commonwealth or a 15 licensee; or 16 (d) while the employee was, at the direction or request of the 17 Commonwealth or a licensee, travelling for the purpose of 18 that employment; or 19 (e) while the employee was at a place of education, except while 20 on leave without pay, in accordance with: 21 (i) a condition of the employee's employment by the 22 Commonwealth or a licensee; or 23 (ii) a request or direction of the Commonwealth or a 24 licensee; or 25 (iii) the approval of the Commonwealth or a licensee; or 26 (f) while the employee was at a place for the purpose of: 27 (i) obtaining a medical certificate for the purposes of this 28 Act; or 29 (ii) receiving medical treatment for an injury; or 30 (iii) undergoing a rehabilitation program provided under this 31 Act; or 32 (iv) receiving a payment of compensation under this Act; or 33 (v) undergoing a medical examination or rehabilitation 34 assessment in accordance with a requirement made 35 under this Act; or 36 [Page Break] 1 his or her employment, being money that, under the 2 terms of that employment or any agreement or 3 arrangement between the employee and the 4 Commonwealth or a licensee, is available, or reasonably 5 expected by the employee to be available, for collection 6 at that place. 7 13 Subsection 6(2) 8 Repeal the subsection, substitute: 9 (1C) For the purposes of paragraph (1)(d), travel between the 10 employee's residence and the employee's usual place of work is 11 taken not to be at the direction or request of the Commonwealth or 12 a licensee. 13 (2) In paragraph (1)(d), the reference to the employee travelling does 14 not include a reference to travelling to or from a place mentioned 15 in paragraph (1)(e) or (f). 16 14 Subsections 7(1), (2) and (3) 17 Omit "in a material degree", substitute ", to a significant degree,". 18 15 After subsection 8(9D) 19 Insert: 20 (9E) The normal weekly earnings of an employee before an injury, as 21 calculated under the preceding subsections, must, with effect from 22 1 July in each year, be further increased by the amount under 23 subsection (9F) if, in the 12 months immediately preceding that 24 1 July: 25 (a) there was no increase in those earnings under subsection (6), 26 (7) or (9); and 27 (b) there was no reduction in those earnings under 28 subsection (9). 29 (9F) If the normal weekly earnings of an employee before an injury 30 must be increased because of subsection (9E), the amount by which 31 they are increased is the percentage of increase (if any) in the index 32 prescribed by the regulations for the purposes of this subsection 33 over the period of 12 months ending on the 31 December 34 immediately before the relevant 1 July. 35 [Page Break] 1 the manner of calculating the further increase mentioned in that 2 subsection by reference to the movement of the index that is 3 prescribed for the purposes of that subsection. 4 16 Subsection 13(1) (definition of relevant amount) 5 Omit "18(2),", substitute "paragraph 18(4)(a), subsection". 6 17 Paragraph 16(4)(a) 7 Repeal the paragraph, substitute: 8 (a) if the employee has paid the cost of the medical treatment-- 9 to, or in accordance with the directions of, the employee; or 10 18 Paragraph 16(4)(c) 11 Repeal the paragraph, substitute: 12 (c) in any other case--to the person to whom the cost is payable. 13 19 Subsection 18(2) 14 Omit "such amount, not exceeding $3,500, as", substitute "the amount, 15 not exceeding the amount determined in accordance with subsection (4), 16 that". 17 20 At the end of section 18 18 Add: 19 (4) The maximum amount of compensation under subsection (2) is: 20 (a) $9,000; or 21 (b) if the regulations prescribe a higher amount--that amount. 22 Note: The amount of $9,000 is indexed under section 13. 23 21 Subsection 20(1) 24 Repeal the subsection, substitute: 25 (1) Compensation payable to an employee who is incapacitated for 26 work as a result of an injury is determined in accordance with this 27 section if: 28 (a) the employee is retired from his or her employment (whether 29 the employee retired voluntarily or was compulsorily retired); 30 and 31 [Page Break] 1 scheme as a result of the employee's retirement. 2 22 Subsection 20(3) 3 Repeal the subsection, substitute: 4 (3) The amount of compensation is the amount worked out using this 5 formula: 6 Amount of - Superannuation + employee's normal 5% of the 7 compensation amount weekly earnings where: 8 amount of compensation means the amount of compensation that 9 would have been payable to the employee for a week if: 10 (a) section 19, other than subsection 19(6), had applied to the 11 employee; and 12 (b) in the case of an employee who was not a member of the 13 Defence Force immediately before retirement--the week 14 were a week referred to in subsection 19(3). 15 (4) In using the formula in subsection (3) to calculate an amount of 16 compensation for an employee who retired before the day on which 17 item 22 of Schedule 1 to the Safety, Rehabilitation and 18 Compensation and Other Legislation Amendment Act 2006 19 commenced, use "SC" instead of "5% of the employee's normal 20 weekly earnings". For this purpose: 21 SC means the amount of superannuation contributions that the 22 employee would have been required to pay in that week if he or she 23 were still contributing to the superannuation scheme. 24 23 Subsection 21(1) 25 Repeal the subsection, substitute: 26 (1) Compensation payable to an employee who is incapacitated for 27 work as a result of an injury is determined in accordance with this 28 section if: 29 (a) the employee is retired from his or her employment (whether 30 the employee retired voluntarily or was compulsorily retired); 31 and 32 [Page Break] 1 superannuation scheme as a result of the employee's 2 retirement. 3 24 Subsection 21(3) 4 Repeal the subsection, substitute: 5 (3) The amount of compensation is the amount worked out using this 6 formula: 7 Amount of - Weekly interest + employee's normal 5% of the on the lump sum 8 compensation weekly earnings where: 9 amount of compensation means the amount of compensation that 10 would have been payable to the employee for a week if: 11 (a) section 19, other than subsection 19(6), had applied to the 12 employee; and 13 (b) in the case of an employee who was not a member of the 14 Defence Force immediately before retirement--the week 15 were a week referred to in subsection 19(3). 16 weekly interest on the lump sum means the amount worked out 17 by: 18 (a) multiplying the superannuation amount in relation to the 19 lump sum benefit received by the employee by the rate 20 specified in an instrument made under subsection (5); and 21 (b) dividing the result of paragraph (a) by 52. 22 (4) In using the formula in subsection (3) to calculate an amount of 23 compensation for an employee who retired before the day on which 24 item 22 of Schedule 1 to the Safety, Rehabilitation and 25 Compensation and Other Legislation Amendment Act 2006 26 commenced, use "SC" instead of "5% of the employee's normal 27 weekly earnings". For this purpose: 28 SC means the amount of superannuation contributions that the 29 employee would have been required to pay in that week if he or she 30 were still contributing to the superannuation scheme. 31 [Page Break] 1 sum in subsection (3) of this section and subsection 21A(3), the 2 Minister may, by legislative instrument, specify a rate that applies 3 for the period of 12 months commencing on 1 July in any year. 4 25 Subsection 21A(1) 5 Repeal the subsection, substitute: 6 (1) Compensation payable to an employee who is incapacitated for 7 work as a result of an injury is determined in accordance with this 8 section if: 9 (a) the employee is retired from his or her employment (whether 10 the employee retired voluntarily or was compulsorily retired); 11 and 12 (b) the employee receives: 13 (i) a pension; and 14 (ii) a lump sum benefit; 15 under a superannuation scheme as a result of the employee's 16 retirement. 17 26 Subsection 21A(3) 18 Repeal the subsection, substitute: 19 (3) The amount of compensation is the amount worked out using this 20 formula: 21 Amount of - amount in relation + interest on the + employee's normal Superannuation Weekly 5% of the 22 compensation to the pension weekly earnings lump sum 23 where: 24 amount of compensation means the amount of compensation that 25 would have been payable to the employee for the relevant week if: 26 (a) section 19, other than subsection 19(6), had applied to the 27 employee; and 28 (b) in the case of an employee who was not a member of the 29 Defence Force immediately before retirement--the relevant 30 week were a week referred to in subsection 19(3). 31 [Page Break] 1 superannuation amount in relation to the pension received by the 2 employee in respect of the relevant week. 3 weekly interest on the lump sum means the amount worked out 4 by: 5 (a) multiplying the superannuation amount in relation to the 6 lump sum benefit received by the employee by the rate 7 specified in an instrument made under subsection 21(5); and 8 (b) dividing the result of paragraph (a) by 52. 9 27 Subsection 21A(4) 10 Repeal the subsection, substitute: 11 (4) In using the formula in subsection (3) to calculate an amount of 12 compensation for an employee who retired before the day on which 13 item 22 of Schedule 1 to the Safety, Rehabilitation and 14 Compensation and Other Legislation Amendment Act 2006 15 commenced, use "SC" instead of "5% of the employee's normal 16 weekly earnings". For this purpose: 17 SC means the amount of superannuation contributions that the 18 employee would have been required to pay in that week if he or she 19 were still contributing to the superannuation scheme. 20 28 Subsection 28(4) 21 Omit "the licensed authority, the licensed corporation", substitute "the 22 licensee". 23 29 Subsections 37(1) and (2) 24 Repeal the subsections, substitute: 25 (1) A rehabilitation authority may make a determination that an 26 employee who has suffered an injury resulting in an incapacity for 27 work or an impairment should undertake a rehabilitation program. 28 (2) If a rehabilitation authority makes a determination under 29 subsection (1), the authority may: 30 (a) provide a rehabilitation program for the employee itself; or 31 (b) make arrangements with an approved program provider for 32 that provider to provide a rehabilitation program for the 33 employee. 34 [Page Break] 1 section might cease if the person is also provided with rehabilitation 2 under the MRCA (see section 18 of the CTPA). 3 (2A) A determination under subsection (1) is not a legislative 4 instrument. 5 30 Subsection 48(3) 6 After "was paid to", insert ", or for the benefit of,". 7 31 Paragraph 50(7)(a) 8 After "paid to", insert ", or for the benefit of,". 9 32 Subsection 73A(2) 10 Omit "licensed authority" (wherever occurring), substitute "licensee". 11 33 Subsection 73A(2A) 12 Repeal the subsection. 13 34 Subsections 73A(6), (7) and (8) 14 Repeal the subsections, substitute: 15 (6) A licensee and any person acting on its behalf must comply with 16 any guidelines issued and in force under subsection (2). 17 35 Paragraph 89B(a) 18 Repeal the paragraph, substitute: 19 (a) to ensure that, as far as practicable, there is equity of 20 outcomes resulting from administrative practices and 21 procedures used by Comcare and a licensee in the 22 performance of their respective functions; 23 36 Paragraph 89S(2)(c) 24 Omit "licensed authority and licensed corporation", substitute 25 "licensee". 26 37 At the end of Division 6 of Part VIII 27 Add: 28 [Page Break] 1 A licensed authority may, by writing signed by its principal officer, 2 delegate to an officer of, or a person employed by: 3 (a) that authority; or 4 (b) the Commonwealth; or 5 (c) any other Commonwealth authority; 6 all or any of the powers and functions of the licensed authority 7 under this Act. 8 38 Section 121A 9 Omit "licensed authority or a licensed corporation", substitute 10 "licensee". 11 39 Section 122 12 Repeal the section, substitute: 13 122 Regulations 14 The Governor-General may make regulations prescribing matters: 15 (a) required or permitted by this Act to be prescribed; or 16 (b) necessary or convenient to be prescribed for carrying out or 17 giving effect to this Act. 18 [Page Break] Part 2--Application, saving and transitional 2 provisions 3 40 Maximum amount of funeral benefit under section 267 4 Section 267 of the Military Rehabilitation and Compensation Act 2004, 5 as amended by this Schedule, applies to an amount of compensation in 6 relation to a person who dies on or after the day after this Act receives 7 the Royal Assent. 8 41 Application of amendment of the definition of disease 9 (section 5B) 10 (1) The definition of disease in the Safety, Rehabilitation and 11 Compensation Act 1988, as amended by this Schedule, applies in 12 relation to: 13 (a) an ailment suffered by an employee; or 14 (b) an aggravation of such an ailment; 15 that the employee suffers on or after the day after this Act receives the 16 Royal Assent. 17 (2) For the purposes of subitem (1), an employee suffers an ailment or 18 aggravation on the day determined under subsection 7(4) of the Safety, 19 Rehabilitation and Compensation Act 1988. 20 42 Application of amendment of the definition of injury 21 (section 5A) 22 The definition of injury in the Safety, Rehabilitation and Compensation 23 Act 1988, as amended by this Schedule, applies in relation to a disease, 24 injury or aggravation that an employee sustains on or after the day after 25 this Act receives the Royal Assent. 26 43 Application of amendment of definition of suitable 27 employment 28 The definition of suitable employment in the Safety, Rehabilitation and 29 Compensation Act 1988, as amended by this Schedule, applies to an 30 amount of compensation worked out in relation to a period of incapacity 31 that begins on or after the day after this Act receives the Royal Assent. 32 [Page Break] 1 arises out of or in the course of employment (section 6) 2 Section 6 of the Safety, Rehabilitation and Compensation Act 1988, as 3 amended by this Schedule, applies in relation to an injury sustained on 4 or after the day after this Act receives the Royal Assent. 5 45 Maximum amount of funeral benefit under section 18 6 Section 18 of the Safety, Rehabilitation and Compensation Act 1988, as 7 amended by this Schedule, applies to an amount of compensation in 8 relation to a person who dies on or after the day after this Act receives 9 the Royal Assent. 10 46 Application of amendments of sections 20, 21 and 21A 11 (1) Subsections 20(1), 21(1) and 21A(1) of the Safety, Rehabilitation and 12 Compensation Act 1988, as amended by this Schedule, apply in relation 13 to an employee who retires on or after the day after this Act receives the 14 Royal Assent. 15 (2) The amendments of sections 20, 21 and 21A of the Safety, 16 Rehabilitation and Compensation Act 1988 by this Schedule that are not 17 covered by subitem (1) apply in relation to any working out of an 18 amount of compensation for a week starting on or after the day on 19 which the amendments of those subsections commence. 20 47 Transitional provision for specifying a rate under 21 subsection 21(5) 22 The Minister may specify, in an instrument made under subsection 23 21(5) of the Safety, Rehabilitation and Compensation Act 1988, a rate 24 that applies for the period starting on the day after this Act receives the 25 Royal Assent and ending on the next 30 June. 26 48 Saving provision for regulations in force under 27 section 122 28 Regulations made under section 122 of the Safety, Rehabilitation and 29 Compensation Act 1988 that were in force immediately before the day 30 after this Act received the Royal Assent continue in force on and after 31 that day as if they had been made under section 122 of that Act as 32 amended by this Schedule. 33 [Page Break] Schedule 2--Technical amendments relating 2 to legislative instruments 3 4 Safety, Rehabilitation and Compensation Act 1988 5 1 Subsection 4(1) (paragraph (a) of the definition of 6 Commonwealth authority) 7 Omit "notice in writing", substitute "legislative instrument". 8 2 Subsection 4(1) (at the end of paragraph (a) of the definition 9 of Commonwealth authority) 10 Add "or". 11 3 Subsection 4(1) (paragraph (b) of the definition of 12 Commonwealth authority) 13 Omit "notice in writing", substitute "legislative instrument". 14 4 Subsection 4(1) (at the end of paragraph (b) of the 15 definition of Commonwealth authority) 16 Add "or". 17 5 Subsection 4(1) (subparagraph (c)(iii) of the definition of 18 Commonwealth authority) 19 Omit "notice in writing", substitute "legislative instrument". 20 6 Subsection 4(1) (subparagraph (d)(ii) of the definition of 21 Commonwealth authority) 22 Omit "notice in writing", substitute "legislative instrument". 23 7 Subparagraphs 5(2)(c)(i) and (ii) 24 Omit "notice in writing", substitute "legislative instrument". 25 8 Subsection 5(6) 26 Omit "notice in writing", substitute "legislative instrument (the 27 notice)". 28 9 Subsection 5(6A) 29 [Page Break] 1 notice)". 2 10 Subsection 5(12) 3 Omit "make a written declaration", substitute ", by legislative 4 instrument, declare". 5 11 After subsection 5(13) 6 Insert: 7 (13A) A declaration under subsection (13) is not a legislative instrument. 8 12 At the end of section 5 9 Add: 10 (16) A declaration under subsection (15) is not a legislative instrument. 11 13 Paragraph 7(1)(b) 12 Omit "by notice in writing", substitute ", by legislative instrument,". 13 14 Paragraph 7(1)(b) 14 Omit "the notice", substitute "the instrument". 15 15 Paragraph 16(6)(c) (definition of specified rate per 16 kilometre) 17 Omit "by notice", substitute ", by legislative instrument,". 18 16 Subsection 26(3) 19 Omit "notice in writing", substitute "legislative instrument". 20 17 Subsection 28(3) 21 Repeal the subsection, substitute: 22 (3) A Guide prepared under subsection (1), and a variation or 23 revocation under subsection (2) of such a Guide, must be approved 24 by the Minister. 25 18 After subsection 28(3) 26 Insert: 27 [Page Break] 1 revocation under subsection (2) of such a Guide, is a legislative 2 instrument made by the Minister on the day on which the Guide, or 3 variation or revocation, is approved by the Minister. 4 19 Subsections 28(7), (9) and (10) 5 Repeal the subsections. 6 20 Subsection 30(4) 7 Omit "notice in writing", substitute "legislative instrument". 8 21 Subsection 34D(1) 9 Omit "instrument in writing", substitute "legislative instrument". 10 22 Subsection 34D(3) 11 Repeal the subsection. 12 23 Subsection 34E(1) 13 Omit "instrument in writing", substitute "legislative instrument". 14 24 Subsection 34E(3) 15 Repeal the subsection. 16 25 Subsection 34S(1) 17 Omit "(1)". 18 26 Subsection 34S(1) 19 Omit "instrument in writing", substitute "legislative instrument". 20 27 Subsection 34S(2) 21 Repeal the subsection. 22 28 Subsection 57(6) 23 Omit "notice in writing", substitute "legislative instrument". 24 29 Section 97P 25 Omit "notice in the Gazette", substitute "legislative instrument". 26 30 Section 100 27 [Page Break] 1 31 At the end of subsection 101(1) 2 Add: 3 Note: Criteria for the grant of a licence may address issues relating not only 4 to the licence applied for but also to other licences that have been 5 granted or that are being sought. 6 32 Subsection 101(2) 7 Repeal the subsection (including the note), substitute: 8 (2) Directions given by the Minister to the Commission under 9 section 89D concerning licences are legislative instruments to 10 which section 42 of the Legislative Instruments Act 2003 applies. 11 33 Subsection 114D(3) 12 Omit "written determination given to the Chief Executive Officer", 13 substitute "legislative instrument". 14 34 Subsection 114D(4) 15 Repeal the subsection, substitute: 16 (4) Section 42 of the Legislative Instruments Act 2003 does not apply 17 to a direction given by the Minister under subsection (3). 18 35 Subsection 119(7) (definition of specified law) 19 Omit "notice in writing", substitute "legislative instrument". 20 36 Section 121 21 Repeal the section. 22 37 Subsection 150(1) 23 Omit "prepare and issue to the Chair of the MRCC written", substitute 24 ", by legislative instrument, make". 25 38 Subsection 150(2) 26 Omit "issue", substitute "make". 27 39 Subsection 150(4) 28 Omit "issued and in force", substitute "made under". 29 [Page Break] 1 Repeal the subsection. 2