Commonwealth Numbered Acts

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STATUTE LAW REVISION ACT 2005 NO. 100, 2005 - SCHEDULE 1

- Amendment of Principal Acts

Administrative Decisions (Judicial Review) Act 1977

1
Paragraph (z) of Schedule 1

Renumber as paragraph (zb).

Aged Care Act 1997

2
Subdivision 57B (heading)

Repeal the heading, substitute:

Subdivision 57-B—Prudential requirements
3
Clause 1 of Schedule 1 (definition of
relinquish )

Omit "means: * ", substitute "means:".

Agricultural and Veterinary Chemicals Code Act 1994

4
After the second subsection in section 20 of the Schedule

Insert:

21
How approval of label is effected

Note: This item inserts a section heading that was overlooked in prior amendment of the Principal Act.

5
Subsection 99(3) of the Schedule

Omit "or or" (wherever occurring), substitute "or".

A New Tax System (Family Assistance) Act 1999

6
Paragraph 7(ha) of Schedule 3 (the paragraph (ha)
inserted by item 30 of Schedule 2 to the Veterans' Entitlements (Clarke Review) Act 2004 )

Renumber as paragraph (haa).

Australian Sports Drug Agency Act 1990

7
Paragraph 67A(b)

Omit "sporting sporting", substitute "sporting".

Crimes Act 1914

8
Subsection 15XA(1) (subparagraph (b)(ii) of the definition of State or Territory participating agency )

Repeal the subparagraph, substitute:

(ii) the Crime and Misconduct Commission of Queensland;

Note: This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.

9
Subsection 15XA(1) (subparagraph (b)(iii) of the definition of State or Territory participating agency )

Repeal the subparagraph.

Note: This item removes a reference to a body that no longer exists.

10
Subsection 15XA(1) (subparagraph (c)(ii) of the definition of State or Territory participating agency )

Repeal the subparagraph.

Note: This item removes a reference to a body that no longer exists.

11
Subsection 23YUF(2B)

Omit "paragraph (1)(b)", substitute "paragraph (2A)(b)".

Note: This item fixes an incorrect cross-reference.

Criminal Code Act 1995

12
Subparagraph 400.2(2)(b)(ii) of the Criminal Code

Omit "paragraph 51(xx)", substitute "paragraph 51(v)".

Note: This item fixes an incorrect cross-reference.

Electronic Transactions Act 1999

13
Paragraph 11(6)(a)

Omit "document.", substitute "document;".

Note: This item corrects the punctuation at the end of the paragraph.

Evidence Act 1995

14
Chapter 1 (introductory note)

Omit "Evidence Act 1994", substitute " Evidence Act 1995 ".

Financial Transaction Reports Act 1988

15
Subparagraph 16(1)(b)(iii)

Omit " Crimes ", substitute " Crime ".

16
Paragraphs 27(1B)(b) and (c)

Repeal the paragraphs, substitute:

(b) the Corruption and Crime Commission of Western Australia.

Note: This item removes references to bodies that no longer exist and substitutes a reference to the body that succeeded them.

17
Paragraphs 27(16)(i) and (j)

Repeal the paragraphs.

Note: This item removes references to bodies that no longer exist.

18
Paragraphs 27(17)(v) and (w)

Repeal the paragraphs.

Note: This item removes references to members of, or employees of, bodies that no longer exist.

19
Paragraphs 27(17)(x) and (y) (twice occurring)

Repeal the paragraphs, substitute:

(x) the Commissioner of the Corruption and Crime Commission of Western Australia; and
(y) a member of the staff of the Corruption and Crime Commission of Western Australia; and

Note: This item removes references to members of, or employees of, bodies that no longer exist and substitutes references to members and employees of the body that succeeded those bodies.

20
Paragraph 27(17)(z)

Repeal the paragraph.

Fisheries Management Act 1991

21
Paragraph 95(1)(e)

Omit "holder of a fishing concession", substitute "holder of a fishing concession,".

22
Subdivision D of Division 6 of Part 6 (heading)

Repeal the heading.

23
Subsection 113(1)

Omit "Commonweath", substitute "Commonwealth".

24
Paragraph 166(7)(b)

Omit "menioned", substitute "mentioned".

25
Subsection 167(1A)

Omit "AMFA", substitute "AFMA".

Human Rights and Equal Opportunity Commission Act 1986

26
Paragraph 31(j)

Omit "imposd", substitute "imposed".

Insurance Act 1973

27
Subsection 52(1)

Repeal the subsection, substitute:

(1)
Where:

(aa) it appears to APRA that a body corporate that is a general insurer or authorised NOHC:
(i) is, or is likely to become, unable to meet its liabilities; or
(ii) has contravened or failed to comply with a provision of this Act or the Financial Sector (Collection of Data) Act 2001 or a condition or direction applicable to it under this Act or that Act; or
(ab) it appears to APRA that there is, or there may be, a risk to the security of a general insurer's or authorised NOHC's assets; or
(a) it appears to APRA that there is, or there may be, a sudden deterioration in a general insurer's or authorised NOHC's financial condition; or
(b) the Treasurer agrees, in writing, to the giving of a notice under this subsection;

APRA may, by notice in writing served on the body corporate, require it to show cause within such period after service of the notice, being not less than 14 days, as APRA specifies in the notice, why APRA should not:

(c) investigate the whole or any part of the business of the body corporate; or
(d) appoint a person to make such an investigation and report to APRA the results of his or her investigation.

Note: This amendment restates a provision of the Principal Act to incorporate the substance of two amendments of that provision that start on the same day and that interact. The amendments were made by item 36 of Schedule 1 to the General Insurance Reform Act 2001 and item 29 of Schedule 2 to the Financial Sector (Collection of Data—Consequential and Transitional Provisions) Act 2001 .

Judiciary Act 1903

28
Section 2 (definitions)

Arrange the definitions in their appropriate alphabetical positions, determined on a letter-by-letter basis.

Life Insurance Act 1995

29
Section 230E (the section 230E inserted by item 2 of Schedule 1 to the Taxation Laws Amendment (Structured Settlements and Structured Orders) Act 2002 )

Renumber as section 203E.

Native Title Act 1993

30
Subparagraph 206(1)(d)(v)

Repeal the subparagraph.

Note 1: This item removes a subparagraph made redundant by the repeal of Part 10 of the Native Title Act 1993 .
Note 2: The heading to subsection 32(5) is altered by omitting " expected " and substituting " expedited ".

Patents Act 1990

31
Subsection 70(4)

Omit "this Division", substitute "this Part".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

32
Section 79A

Omit "this Division", substitute "this Part".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

33
Subsection 83(2)

Omit "Division 2 of".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

34
Subsection 83(2)

Omit "that Division", substitute "that Part".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

35
Subsection 83(3)

Omit "Division 2 of".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

36
Paragraph 83(4)(a)

Omit "Division 2 of".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

37
Paragraph 83(4)(b)

Omit "that Division", substitute "that Part".

Note: This item corrects a reference made incorrect by the repeal of Divisions within a Part.

Privacy Act 1988

38
Subsection 6(1) (paragraph (l) of the definition of enforcement body )

Repeal the paragraph, substitute:

(l) the Crime and Misconduct Commission of Queensland; or

Note: This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.

Prohibition of Human Cloning Act 2002

39
Subsection 8(1) (paragraph (a) of the definition of excess ART embryo )

After "technology" (second occurring), insert "treatment".

Note: This item corrects a misstatement of a defined expression.

Social Security Act 1991

40
Paragraph 8(8)(zca)

Repeal the paragraph.

Note: This item repeals a paragraph made redundant by amendment of the Student and Youth Assistance Act 1973.

41
Subsection 23(1) (definition of activity test breach )

Repeal the definition, substitute:

"activity test breach" means a failure, misconduct or any other act to which any of the following provisions, as in force on or after the commencement of this definition, apply, namely section 550A or 576A, subsection 624(1), 625(1) or 626(1), section 628 or 629, subsection 630(1), 630AA(1), 740(1), 741(1) or 742(1), section 743 or 744 or subsection 745(1) or 754A(1).

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

42
Subsection 23(1) (definition of activity test breach rate reduction period )

Repeal the definition, substitute:

"activity test breach rate reduction period" means a period that applies under section 557, 582, 644AA or 748.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

43
Subsection 23(1) (definition of activity test non-payment period )

Repeal the definition, substitute:

"activity test non-payment period" means a period worked out under section 550, 576, 630A or 745B.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

44
Subsection 23(1) (definition of administrative breach rate reduction period )

Repeal the definition, substitute:

"administrative breach rate reduction period" means a period that applies under section 558, 583 or 644B.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

45
Subsection 23(1) (definition of educational institution )

Omit " and Youth ".

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

46
Subsection 23(1) (paragraph (l) of the definition of newly arrived resident's waiting period )

Repeal the paragraph.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

47
Subsection 23(1) (paragraph (ba) of the definition of ordinary waiting period )

Repeal the paragraph.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

48
Subsection 23(1) (definition of student assistance benefit decision )

Repeal the definition.

Note: This item repeals a definition made redundant by amendment of the Student and Youth Assistance Act 1973.

49
Subsection 23(1) (paragraphs (fc) and (fe) of the definition of waiting period )

Repeal the paragraphs.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

50
Subsection 23(1) (definition of Youth Training Activity Agreement )

Repeal the definition.

Note: This item repeals a definition made redundant by amendment of the Student and Youth Assistance Act 1973.

51
Subsection 23(1) (definition of youth training allowance )

Omit " and Youth ".

52
Subparagraph 38B(6)(a)(ii)

Repeal the subparagraph, substitute:

(ii) section 595 of this Act (disregard a period of employment);

Note: This item amends a subparagraph to reflect amendment of the Student and Youth Assistance Act 1973.

53
Subsection 542F(3) (definition of approved full-time unpaid voluntary work )

Repeal the definition, substitute:

"approved full-time unpaid voluntary work "means work that has been approved by the Secretary for the purposes of this section.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

54
Subsection 542F(3) (definition of approved organisation )

Repeal the definition, substitute:

"approved organisation" means an organisation that has been approved by the Secretary for the purposes of this section.

Note: This item amends a definition to reflect amendment of the Student and Youth Assistance Act 1973.

55
Subparagraph 546(1)(c)(ii)

Omit " and Youth ".

56
Paragraph 549A(2)(d)

Omit "or".

57
Paragraph 549A(2)(e)

Repeal the paragraph.

Note: This item repeals a paragraph made redundant by amendment of the Student and Youth Assistance Act 1973.

58
Paragraph 549D(3)(a)

Repeal the paragraph, substitute:

(a) the person has been subject to a newly arrived resident's waiting period; and

Note: This item amends a paragraph to reflect amendment of the Student and Youth Assistance Act 1973.

59
Paragraphs 549D(4)(a) and (b)

Repeal the paragraphs, substitute:

(a) the person would, if the person had made a claim under this Act for a social security payment other than youth allowance, have been subject to a newly arrived resident's waiting period, and that period would have ended; or
(b) the person has had a qualifying residence exemption for a newstart allowance or a sickness allowance under this Act; or

Note: This item amends the paragraphs to reflect amendment of the Student and Youth Assistance Act 1973.

60
Section 550A (note)

Repeal the note.

61
Section 660LG

Relocate the section to the end of Subdivision AA of Division 9 of Part 2.12.

62
Subsection 1228(2A)

Omit " and Youth ".

63
Paragraph 1234A(1)(a)

Omit " and Youth Assistance Act 1973 ", substitute " Assistance Act 1973 as in force before 1 July 1998".

Taxation Administration Act 1953

64
Subsection 2(1) (paragraph (dad) of the definition of head )

Repeal the paragraph, substitute:

(dad) in the case of the Crime and Misconduct Commission—the Chairperson of that Commission;

Note: This item removes a reference to a body that no longer exists and substitutes a reference to the body that succeeded it.

65
Subsection 2(1) (paragraph (daf) of the definition of head )

Repeal the paragraph.

Note: This item removes a reference to a body that no longer exists.

Telecommunications (Interception) Act 1979

66
Subsection 5(1) (definition of Anti-Corruption Commission )

Repeal the definition.

Note: This item repeals the definition of a body that no longer exists.

67
Subsection 5(1) (definition of Anti-Corruption Commission Act )

Repeal the definition.

Note: This item repeals a redundant definition.

68
Subsection 5(1) (paragraph (h) of the definition of certifying officer )

Repeal the paragraph.

Note: This item removes references to members of, or employees of, a body that no longer exists.

69
Subsection 5(1) (paragraphs (i) and (j) of the definition of chief officer )

Repeal the paragraphs.

Note: This item removes references to members of, or constituting, bodies that no longer exist.

70
Subsection 5(1) (paragraph (d) of the definition of eligible authority )

Omit "the Anti-Corruption Commission, the Royal Commission into Police Corruption,".

Note: This item removes references to bodies that no longer exist.

71
Subsection 5(1) (definition of member of the Anti-Corruption Commission )

Repeal the definition.

Note: This item repeals a redundant definition.

72
Subsection 5(1) (definition of member of the staff of the Anti-Corruption Commission )

Repeal the definition.

Note: This item repeals a redundant definition.

73
Subsection 5(1) (paragraphs (i) and (j) of the definition of officer )

Repeal the paragraphs.

Note: This item removes references to members of, or employees of, bodies that no longer exist.

74
Subsection 5(1) (paragraph (f) of the definition of permitted purpose )

Repeal the paragraph.

Note: This item removes a reference to purposes in respect of a body that no longer exists.

75
Subsection 5(1) (paragraphs (g) and (h) of the definition of prescribed investigation )

Repeal the paragraphs.

Note: This item removes references to investigations by bodies that no longer exist.

76
Subsection 5(1) (paragraphs (i) and (j) of the definition of relevant offence )

Repeal the paragraphs.

Note: This item is consequential on item 75 of this Schedule.

77
Subsection 5(1) (definition of Royal Commission into Police Corruption )

Repeal the definition.

Note: This item repeals a redundant definition.

78
Paragraph 5B(i)

Repeal the paragraph.

Note: This item removes a reference to proceedings conducted by a body that no longer exists.

79
Subparagraphs 6A(1)(c)(viii) and (ix)

Repeal the subparagraphs.

Note: This item is consequential on item 75 of this Schedule.

80
Paragraph 6L(2)(d)

Omit "the Anti-Corruption Commission, the Royal Commission into Police Corruption,".

Note: This item removes references to bodies that no longer exist.

81
Paragraph 39(2)(h)

Repeal the paragraph.

Note: This item removes a reference to proceedings conducted by a body that no longer exists.

82
Paragraphs 68(g) and (i)

Repeal the paragraphs.

Note: This item removes references to information obtained by bodies that no longer exist.

Veterans' Entitlements Act 1986

83
Subclause 10(2A) of Schedule 5 (the subclause (2A) inserted by item 85 of Schedule 6 to the Veterans' Affairs Legislation Amendment Act (No. 1) 2002 )

Renumber as subclause (2B).

Workplace Relations Act 1996

84
Paragraph 170CBA(3A)(a)

Omit "first period of employment", substitute " first period of employment ".

85
Paragraph 170CBA(3A)(c)

Omit "second period of employment", substitute " second period of employment ".


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