Commonwealth: Statute Law Revision Act 2010 (Cth)

Statute Law Revision Act 2010 Act No. 8 of 2010 as amended This compilation was prepared on 18 December 2012 taking into account amendments up to Act No. 136 of 2012 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Parliamentary Counsel, Canberra Contents 1 Short title [see Note 1]........................... 2 Commencement 3 Schedule(s) Schedule 1—Amendment of principal Acts Aboriginal Land Rights (Northern Territory) Act 1976 Aircraft Noise Levy Act 1995 AusCheck Act 2007 Banking Act 1959 Broadcasting Services Act 1992 Civil Aviation Act 1988 Classification (Publications, Films and Computer Games) Act 1995 Commonwealth Electoral Act 1918 Criminal Code Act 1995 Customs Act 1901 Customs Tariff Act 1995 Defence Force Discipline Act 1982 Environment Protection and Biodiversity Conservation Act 1999 Evidence Act 1995 Fair Work (Registered Organisations) Act 2009 Family Law Act 1975 First Home Saver Accounts Act 2008 Foreign States Immunities Act 1985 Health Insurance Act 1973 Income Tax Assessment Act 1997 Industry Research and Development Act 1986 International Tax Agreements Act 1953 Navigation Act 1912 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Patents Act 1990 Plant Breeder's Rights Act 1994 Radiocommunications Act 1992 Social Security Act 1991 Taxation Administration Act 1953 Telecommunications (Interception and Access) Act 1979 Tradesmen's Rights Regulation Act 1946 Veterans' Entitlements Act 1986 Water Act 2007 Schedule 2—Amendment of amending Acts A New Tax System (Compensation Measures Legislation Amendment) Act 1999 Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 Education Legislation Amendment Act 2008 Export Market Development Grants Amendment Act 2008 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 First Home Saver Accounts (Consequential Amendments) Act 2008 First Home Saver Accounts (Further Provisions) Amendment Act 2008 Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 Native Title Amendment (Technical Amendments) Act 2007 Social Security and Veterans' Affairs Legislation Amendment Act 1995 Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 Social Security and Veterans' Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 Tax Laws Amendment (2006 Measures No. 1) Act 2006 Tax Laws Amendment (2006 Measures No. 4) Act 2006 Tax Laws Amendment (2007 Measures No. 4) Act 2007 Tax Laws Amendment (2007 Measures No. 5) Act 2007 Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 Tax Laws Amendment (Small Business) Act 2007 Schedule 3—Repeal of obsolete Acts Banking (Transitional Provisions) Act 1959 Industrial Research and Development Incentives Act 1976 Interactive Gambling (Moratorium) Act 2000 Papua New Guinea (Application of Laws) Act 1973 Year 2000 Information Disclosure Act 1999 Schedule 4—Amendment of references to "ballot‑paper" and "ballot‑papers" Part 1—Amendment of specific references Commonwealth Electoral Act 1918 Part 2—Bulk amendment of references to "ballot‑paper" Commonwealth Electoral Act 1918 Part 3—Bulk amendment of references to "ballot‑papers" Commonwealth Electoral Act 1918 Schedule 5—Amendments relating to use of the term "internet" Part 1—Amendments to change specific references Age Discrimination Act 2004 Anglo‑Australian Telescope Agreement Act 1970 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Australian Passports Act 2005 Australian Sports Anti‑Doping Authority Act 2006 Broadcasting Services Act 1992 Charter of the United Nations Act 1945 Criminal Code Act 1995 Cross‑Border Insolvency Act 2008 Customs Act 1901 Customs Tariff Act 1995 Environment Protection and Biodiversity Conservation Act 1999 Environment Protection (Sea Dumping) Act 1981 Food Standards Australia New Zealand Act 1991 Foreign Passports (Law Enforcement and Security) Act 2005 Freedom of Information Act 1982 Great Barrier Reef Marine Park Act 1975 Industrial Chemicals (Notification and Assessment) Act 1989 Interactive Gambling Act 2001 Maritime Transport and Offshore Facilities Security Act 2003 Medibank Private Sale Act 2006 National Health Security Act 2007 Navigation Act 1912 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Olympic Insignia Protection Act 1987 Privacy Act 1988 Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 Protection of the Sea (Harmful Anti‑fouling Systems) Act 2006 Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 Protection of the Sea (Powers of Intervention) Act 1981 Quarantine Act 1908 Radiocommunications Act 1992 Social Security Act 1991 Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Therapeutic Goods Act 1989 Trade Practices Act 1974 Water Act 2007 Wheat Export Marketing Act 2008 Part 2—Bulk amendment to change capitalisation of "Internet" Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Australian Communications and Media Authority Act 2005 Australian Organ and Tissue Donation and Transplantation Authority Act 2008 Australian Sports Anti‑Doping Authority Act 2006 Broadcasting Services Act 1992 Civil Aviation Act 1988 Classification (Publications, Films and Computer Games) Act 1995 Commonwealth Electoral Act 1918 Copyright Act 1968 Corporations (Aboriginal and Torres Strait Islander) Act 2006 Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 Crimes Act 1914 Criminal Code Act 1995 Do Not Call Register Act 2006 Environment Protection and Biodiversity Conservation Act 1999 Fair Work (Registered Organisations) Act 2009 Food Standards Australia New Zealand Act 1991 Freedom of Information Act 1982 Fuel Quality Standards Act 2000 Future Fund Act 2006 Health Insurance Act 1973 Higher Education Funding Act 1988 Higher Education Support Act 2003 Horticulture Marketing and Research and Development Services Act 2000 Income Tax Assessment Act 1997 Interactive Gambling Act 2001 Marriage Act 1961 Military Rehabilitation and Compensation Act 2004 Offshore Petroleum and Greenhouse Gas Storage Act 2006 Olympic Insignia Protection Act 1987 Ombudsman Act 1976 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Plant Breeder's Rights Act 1994 Private Health Insurance Act 2007 Protection of the Sea (Prevention of Pollution from Ships) Act 1983 Radiocommunications Act 1992 Referendum (Machinery Provisions) Act 1984 Renewable Energy (Electricity) Act 2000 Shipping Registration Act 1981 Skilling Australia's Workforce Act 2005 Social Security Act 1991 Social Security (Administration) Act 1999 Space Activities Act 1998 Spam Act 2003 Superannuation Guarantee (Administration) Act 1992 Telecommunications Act 1997 Telecommunications (Consumer Protection and Service Standards) Act 1999 Telstra Corporation Act 1991 Therapeutic Goods Act 1989 Trade Practices Act 1974 Wheat Export Marketing Act 2008 Part 3—References to which Part 2 does not apply Notes An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes 1 Short title [see Note 1] This Act may be cited as the Statute Law Revision Act 2010. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 1 March 2010 2. Schedule 1, items 1 to 26 The day this Act receives the Royal Assent. 1 March 2010 3. Schedule 1, item 27 Immediately after the commencement of item 3 of Schedule 22 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. 1 July 2009 4. Schedule 1, items 28 to 265 The day this Act receives the Royal Assent. 1 March 2010 5. Schedule 2, item 1 Immediately after the time specified in the A New Tax System (Compensation Measures Legislation Amendment) Act 1999 for the commencement of item 22 of Schedule 2 to that Act. 1 July 2000 6. Schedule 2, items 2 and 3 Immediately after the time specified in the Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 for the commencement of item 114 of Schedule 2 to that Act. 1 July 2008 7. Schedule 2, item 4 Immediately after the time specified in the Education Legislation Amendment Act 2008 for the commencement of item 9 of Schedule 2 to that Act. 1 January 2009 8. Schedule 2, item 5 Immediately after the time specified in the Export Market Development Grants Amendment Act 2008 for the commencement of items 54 and 55 of Schedule 1 to that Act. 23 June 2008 9. Schedule 2, item 6 The day this Act receives the Royal Assent. 1 March 2010 10. Schedule 2, item 7 Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 34 of Schedule 3 to that Act. 1 July 2008 11. Schedule 2, item 8 Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 37 of Schedule 3 to that Act. 1 July 2008 12. Schedule 2, item 9 Immediately after the time specified in the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 for the commencement of item 56 of Schedule 8 to that Act. 1 July 2008 13. Schedule 2, item 10 Immediately after the time specified in the Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 for the commencement of item 29 of Schedule 1 to that Act. 26 May 2008 14. Schedule 2, item 11 The day this Act receives the Royal Assent. 1 March 2010 15. Schedule 2, item 12 Immediately after the time specified in the First Home Saver Accounts (Consequential Amendments) Act 2008 for the commencement of item 26 of Schedule 3 to that Act. 26 June 2008 16. Schedule 2, item 13 Immediately after the time specified in the First Home Saver Accounts (Further Provisions) Amendment Act 2008 for the commencement of section 2 of that Act. 30 September 2008 17. Schedule 2, item 14 The day this Act receives the Royal Assent. 1 March 2010 18. Schedule 2, items 15 and 16 Immediately after the time specified in the Native Title Amendment (Technical Amendments) Act 2007 for the commencement of item 31 of Schedule 4 to that Act. 1 September 2007 19. Schedule 2, items 17 and 18 The day this Act receives the Royal Assent. 1 March 2010 20. Schedule 2, item 19 Immediately after the time specified in the Social Security and Veterans' Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 for the commencement of item 69 of Schedule 3 to that Act. 26 May 2008 21. Schedule 2, item 20 Immediately after the time specified in the Social Security and Veterans' Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 for the commencement of item 70 of Schedule 3 to that Act. 26 May 2008 22. Schedule 2, items 21 and 22 The day this Act receives the Royal Assent. 1 March 2010 23. Schedule 2, item 23 Immediately after the time specified in the Tax Laws Amendment (2006 Measures No. 1) Act 2006 for the commencement of item 1 of Schedule 2 to that Act. 6 April 2006 24. Schedule 2, items 24 to 28 The day this Act receives the Royal Assent. 1 March 2010 25. Schedule 2, item 29 Immediately after the time specified in the Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 for the commencement of item 592 of Schedule 2 to that Act. 14 September 2006 26. Schedule 2, item 30 Immediately after the time specified in the Tax Laws Amendment (Small Business) Act 2007 for the commencement of item 52 of Schedule 3 to that Act. 21 June 2007 27. Schedule 2, item 31 Immediately after the time specified in the Tax Laws Amendment (Small Business) Act 2007 for the commencement of item 55 of Schedule 3 to that Act. 21 June 2007 28. Schedule 3 The day this Act receives the Royal Assent. 1 March 2010 29. Schedule 4, Part 1 The day this Act receives the Royal Assent. 1 March 2010 30. Schedule 4, Parts 2 and 3 Immediately after the provision(s) covered by table item 29. 1 March 2010 31. Schedule 5, items 1 to 51 The day this Act receives the Royal Assent. 1 March 2010 32. Schedule 5, item 52 Immediately after the commencement of item 5 of Schedule 3 to the Food Standards Australia New Zealand Amendment Act 2007. 6 July 2010 33. Schedule 5, items 53 to 59 The day this Act receives the Royal Assent. 1 March 2010 34. Schedule 5, item 60 Immediately after the commencement of item 125 of Schedule 5 to the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008. 25 November 2009 35. Schedule 5, items 61 to 81 The day this Act receives the Royal Assent. 1 March 2010 36. Schedule 5, item 82 Immediately after the commencement of item 17 of Schedule 1 to the Protection of the Sea Legislation Amendment Act 2008. 13 October 2009 37. Schedule 5, items 83 to 136 The day this Act receives the Royal Assent. 1 March 2010 38. Schedule 5, Parts 2 and 3 Immediately after the provision(s) covered by table item 31. 1 March 2010 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) 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. Schedule 1—Amendment of principal Acts Aboriginal Land Rights (Northern Territory) Act 1976 1 Subsection 3(1) (subparagraph (d)(ii) of the definition of exploration licence) Omit "(paragraph". Note: This item fixes a typographical error. Aircraft Noise Levy Act 1995 2 Subparagraph 5(2)(a)(i) Omit "subsection 3(1)", substitute "section 3". Note: This item is consequential on item 6. AusCheck Act 2007 3 Subsection 15(2) (note 1) Omit "Note 1", substitute "Note". 4 Subsection 15(2) (note 2) Repeal the note. Banking Act 1959 5 Subsection 11(5) (the subsection 11(5) inserted by item 3 of Schedule 4 to the Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008) Renumber as subsection (7). Broadcasting Services Act 1992 Note: The heading to section 97 is altered by omitting "Trade Practices Commission" and substituting "Australian Competition and Consumer Commission". Civil Aviation Act 1988 6 Subsection 3(1) Omit "(1)" (first occurring). Note: This item removes a redundant subsection number. Classification (Publications, Films and Computer Games) Act 1995 7 Subsection 91(1A) Repeal subparagraph (c)(iii) and omit all the words after it, substitute: (iii) a short film from a new or emerging film maker; and, in the Convenor's opinion, it is in the public interest to do so. Note: This item fixes the indentation of the last lines of subsection 91(1A). Commonwealth Electoral Act 1918 8 Subsection 90B(1) (table item 13, column headed "Circumstances in which information is to be given", paragraph (c)) Omit "Senator", substitute "member". Note: This item fixes a typographical error. 9 Section 171 Omit "paragraph 170(a)(ii)", substitute "paragraph 170(1)(b)". Note: This item fixes an incorrect cross‑reference. 10 Subsection 265(2) Omit "assistant Returning Officer", substitute "Assistant Returning Officer". 11 Subsection 314AA(1) Omit "(1)". Note: This item removes a redundant subsection number. 12 Subsection 314AA(1) Omit "or" (second occurring). 13 Subsection 318(2) Omit "(3)(c)", substitute "subsection (3)". Note: This item fixes an incorrect cross‑reference. 14 Subsection 390A(1) Omit "10", substitute "3E". Note: This item fixes an incorrect cross‑reference. Criminal Code Act 1995 15 Paragraph 480.6(b) of the Criminal Code Omit "section 480.3", substitute "section 480.4". Note: This item fixes an incorrect cross‑reference. Customs Act 1901 16 Paragraph 11(1)(b) Omit "that Subdivision", substitute "Subdivision C of Division 1B of Part XII". Note: This item fixes an incorrect cross‑reference. 17 Subsection 64AE(1) Omit "64AC,". Note: This item removes a cross‑reference to a provision that has been repealed. Customs Tariff Act 1995 18 Schedule 3 (heading 3202, the description of goods in column 2) Omit "TANNING PREPARATlONS", substitute "TANNING PREPARATIONS". Note: This item fixes a typographical error. Defence Force Discipline Act 1982 19 Subsection 59(9) (paragraph (b) of the definition of prohibited drug) Omit "Part 5 of the Poisons and Drugs Act 1978", substitute "Part 8 of the Crimes Act 1900". Note: This item fixes an incorrect cross‑reference. 20 Subsection 103(1) Omit "129(2)", substitute "129D(2)". Note: This item fixes an incorrect cross‑reference. 21 Subsection 103(2A) After "section", insert "160 or". Note: This item makes an amendment consequential on the reinstatement of the provisions of the Defence Force Discipline Act 1982 largely as they existed before the enactment of the Defence Legislation Amendment Act 2006. 22 Section 146EA Renumber as section 148EA. 23 Subsection 162(3) Before "131", insert "111B or". Note: This item makes an amendment consequential on the reinstatement of the provisions of the Defence Force Discipline Act 1982 largely as they existed before the enactment of the Defence Legislation Amendment Act 2006. 24 Section 188GB Omit "the a", substitute "a". Note: This item fixes a typographical error. Environment Protection and Biodiversity Conservation Act 1999 25 Paragraph 258(3)(d) Omit "are", substitute "is". Note: This item fixes a grammatical error. Evidence Act 1995 26 Subsection 189(6) Omit "128(8)", substitute "128(10)". Note: This item fixes an incorrect cross‑reference. Fair Work (Registered Organisations) Act 2009 27 Subclause 4(1) of Schedule 1 Omit "this Act, on or after the reform commencement", substitute "the Fair Work Act, on and after the commencement of provisions of that Act". Note: This item makes an amendment consequential on the enactment of the Fair Work Act 2009. The amendment was originally purported to be made by item 244 of Schedule 22 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, however that item was misdescribed. That item is repealed by item 6 of Schedule 2 to this Act. Family Law Act 1975 28 Paragraph 12G(2)(a) Omit "information", substitute "information;". Note: This item fixes the punctuation of a paragraph. First Home Saver Accounts Act 2008 29 Paragraph 3(2)(b) Omit "(subject to subsection (3)", substitute "(subject to subsection (3))". Foreign States Immunities Act 1985 30 Subsection 3(1) Insert: Department of Foreign Affairs means the Department administered by the Minister who administers the Diplomatic Privileges and Immunities Act 1967. 31 Subsection 3(1) Insert: Minister for Foreign Affairs means the Minister who administers the Diplomatic Privileges and Immunities Act 1967. Health Insurance Act 1973 32 Subsection 3(1) (definition of excessive diagnostic imaging service) Repeal subparagraph (b)(ii) and omit all the words after it, substitute: (ii) the adequate dental care; of the patient concerned. Note: This item fixes the formatting of the definition. Income Tax Assessment Act 1997 33 Subsection 210‑175(2) (formula) Repeal the formula, substitute: Note: This item makes a consequential amendment required as a result of the First Home Saver Accounts Act 2008. Industry Research and Development Act 1986 34 Subsection 47(1) Omit ", of the Income Tax Assessment Act 1936 or of the Industrial Research and Development Incentives Act 1976", substitute "or of the Income Tax Assessment Act 1936". Note: This item makes a consequential amendment to remove a reference to an Act that is repealed by Schedule 3. International Tax Agreements Act 1953 35 Subsection 3(1) (definitions of the 1960 New Zealand agreement and the 1972 New Zealand agreement) Relocate the definitions to their appropriate alphabetical positions, determined on a letter‑by‑letter basis. Navigation Act 1912 36 Subsection 267B(2) Omit "the authority" (wherever occurring), substitute "the survey authority". Note: This item and item 37 clarify references to the survey authority to avoid confusion with the Authority, which is a defined concept. 37 Subsection 267Q(2) Omit "the authority" (wherever occurring), substitute "the survey authority". Offshore Petroleum and Greenhouse Gas Storage Act 2006 38 Subsection 168(6) Omit "the the application", substitute "the application". Patents Act 1990 39 Subparagraph 24(2)(a)(i) Omit "Commonwealth of", substitute "Commonwealth or". Note: This item fixes a typographical error. Plant Breeder's Rights Act 1994 40 Subparagraph (1)(a)(ii) of Article 14 of the Convention set out in Schedule 1 Before "for the purpose of propagation", insert "conditioning". Note: This item fixes a mistranscription of the text of the Convention. Radiocommunications Act 1992 41 Paragraph 31(1)(a) Omit "both,", substitute "both". Note: This item fixes incorrect punctuation. 42 Subsection 107(2) Omit "111(a)", substitute "111(1)(a)". Note: This item fixes an incorrect cross‑reference. 43 Subsection 108(4) Omit "111(a)", substitute "111(1)(a)". Note: This item fixes an incorrect cross‑reference. 44 Subsection 109(2) Omit "111(a)", substitute "111(1)(a)". Note: This item fixes an incorrect cross‑reference. Social Security Act 1991 45 Subsection 549C(2) (definition of liquid assets) Omit "549A(4)(a)(i) or (ii)", substitute "549A(1)(a)(i) or (ii)". Note: This item fixes an incorrect cross‑reference. 46 Subsection 595(3) (note) Repeal the note. Note: The note concerns an Act that has been repealed. Taxation Administration Act 1953 47 Subsection 8W(1B) Omit "Part 2, 3, 4, 5 or 6 of Chapter 2, or Division 1 of Part 3 of Chapter 3,", substitute "Division 1 of Part 3 of Chapter 3". Note: This item removes cross‑references to provisions that have been repealed. Telecommunications (Interception and Access) Act 1979 48 At the end of paragraph 35(1)(a) Add "and". Note: This item and items 49 and 50 add conjunctions at the end of paragraphs, for consistency with current drafting practice. 49 At the end of subparagraphs 35(1)(c)(ii) and (d)(ii) Add "and". 50 At the end of paragraphs 35(1)(e), (f), (g), (h), (ha) and (j) Add "and". 51 Subparagraph 35(1)(k)(ii) Omit "(b) or". Note: This item removes a cross‑reference to a provision that has been repealed. 52 Paragraph 80(b) Omit "subsections 59A(2) and (3)", substitute "subsection 59A(2)". Note: This item fixes an incorrect cross‑reference. Tradesmen's Rights Regulation Act 1946 53 Title Omit "Tradesmen's", substitute "Tradespersons'". Note: This item and items 54 to 251 remove gender‑specific language. Some of these items also make minor changes for consistency with current drafting practice and to remove references to a repealed provision (section 43). 54 Preamble Omit "recognized tradesmen", substitute "recognised tradespersons". 55 Section 1 Omit "Tradesmen's Rights Regulation Act 1946", substitute "Tradespersons' Rights Regulation Act 1946". Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act's previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901). 56 Subsection 7A(1) After "he", insert "or she". 57 Subsection 7A(2) After "his" (wherever occurring), insert "or her". 58 Section 10 (definition of probationary tradesman) Repeal the definition. 59 Section 10 Insert: probationary tradesperson means an adult member of the Forces whose employment as a probationary tradesperson in a trade to which this Part applies has been authorised by a Local Committee. 60 Section 10 Insert: recognised tradesperson means a person who, in relation to any trade to which this Part applies: (a) was employed, prior to 8 May 1940, as a tradesperson; or (b) has qualified or qualifies by service as an apprentice for employment as a tradesperson; or (c) has completed his or her course of training as a trainee tradesperson to the satisfaction of a Local Committee; or (d) has been employed in Australia for not less than 7 years after 8 May 1940, on work ordinarily performed by a tradesperson and was so employed at any time within 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952; or (e) has been granted a tradesperson's certificate or a certificate of recognition as a recognized tradesman. 61 Section 10 (definition of recognized tradesman) Repeal the definition. 62 Section 10 (definition of tradesman) Repeal the definition. 63 Section 10 (definition of tradesman's certificate) Repeal the definition. 64 Section 10 Insert: tradesperson means a person employed in any of the classifications specified in the First Schedule to this Act. 65 Section 10 Insert: tradesperson's certificate means a tradesperson's certificate granted in accordance with this Part. 66 Section 10 (definition of trainee tradesman) Repeal the definition. 67 Section 10 Insert: trainee tradesperson means a member of the Forces (not being an apprentice) whose employment as a trainee tradesperson in a trade to which this Part applies, for the purpose of undergoing a course of training in an industrial establishment, has been authorised by a Local Committee. 68 Paragraph 12(1)(a) Omit "Chairman", substitute "Chair". 69 At the end of paragraph 12(1)(a) Add "and". 70 Paragraph 13(1)(a) Omit "Chairman", substitute "Chair". 71 At the end of paragraph 13(1)(a) Add "and". 72 Section 14 Repeal the section, substitute: 14 Certain classes of recognised tradespersons A recognised tradesperson whose classification is that of second‑class machinist (including brass finisher), motor cycle mechanic, motor mechanic, motor tuner and tester or key‑seating machinist is, in relation to his or her employment in any other engineering trade to which this Part applies, taken not to be a recognised tradesperson. 73 Section 15 (definition of probationary tradesman) Repeal the definition. 74 Section 15 Insert: probationary tradesperson means an adult member of the Forces whose employment as a probationary tradesperson in a trade to which this Part applies has been authorised by a Local Committee. 75 Section 15 Insert: recognised tradesperson means a person who, in relation to any trade to which this Part applies: (a) was employed, prior to 29 November 1940, as a tradesperson; or (b) has qualified or qualifies by service as an apprentice for employment as a tradesperson; or (c) has completed his or her course of training as a trainee tradesperson to the satisfaction of a Local Committee; or (d) has been employed in Australia for not less than 7 years after 29 November 1940 on work ordinarily performed by a tradesperson and was so employed at any time within 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952; or (e) has been granted a tradesperson's certificate or a certificate of recognition as a recognized tradesman. 76 Section 15 (definition of recognized tradesman) Repeal the definition. 77 Section 15 (definition of tradesman) Repeal the definition. 78 Section 15 (definition of tradesman's certificate) Repeal the definition. 79 Section 15 Insert: tradesperson means a person employed in any of the classifications specified in the Second Schedule to this Act. 80 Section 15 Insert: tradesperson's certificate means a tradesperson's certificate granted in accordance with this Part. 81 Section 15 (definition of trainee tradesman) Repeal the definition. 82 Section 15 Insert: trainee tradesperson means a member of the Forces (not being an apprentice) whose employment as a trainee tradesperson in a trade to which this Part applies, for the purpose of undergoing a course of training in an industrial establishment, has been authorised by a Local Committee. 83 Paragraph 17(1)(a) Omit "Chairman", substitute "Chair". 84 At the end of paragraph 17(1)(a) Add "and". 85 Paragraph 18(1)(a) Omit "Chairman", substitute "Chair". 86 At the end of paragraph 18(1)(a) Add "and". 87 Subsection 18A(1) Omit "seven", substitute "7". 88 Subsection 18A(1) Omit "tradesman", substitute "tradesperson". Note: The heading to section 18A is altered by omitting "tradesmen's" and substituting "tradespersons'". 89 Subsection 18A(1) Omit "tradesman's", substitute "tradesperson's". 90 Subsection 18A(2) Omit "tradesman's", substitute "tradesperson's". 91 Section 20 (definition of probationary tradesman) Repeal the definition. 92 Section 20 Insert: probationary tradesperson means an adult member of the Forces whose employment as a probationary tradesperson in a trade to which this Part applies has been authorised by a Local Committee. 93 Section 20 Insert: recognised tradesperson means a person who, in relation to any trade to which this Part applies: (a) was employed, prior to 29 November 1940, as a tradesperson; or (b) has qualified or qualifies by service as an apprentice for employment as a tradesperson; or (c) has completed his or her course of training as a trainee tradesperson to the satisfaction of a Local Committee; or (d) has been employed in Australia for not less than 7 years after 29 November 1940 on work ordinarily performed by a tradesperson and was so employed at any time within 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952; or (e) has been granted a tradesperson's certificate or a certificate of recognition as a recognized tradesman. 94 Section 20 (definition of recognized tradesman) Repeal the definition. 95 Section 20 (definition of tradesman) Repeal the definition. 96 Section 20 (definition of tradesman's certificate) Repeal the definition. 97 Section 20 Insert: tradesperson means a person employed in any of the classifications specified in the Third Schedule to this Act. 98 Section 20 Insert: tradesperson's certificate means a tradesperson's certificate granted in accordance with this Part. 99 Section 20 (definition of trainee tradesman) Repeal the definition. 100 Section 20 Insert: trainee tradesperson means a member of the Forces (not being an apprentice) whose employment as a trainee tradesperson in a trade to which this Part applies, for the purpose of undergoing a course of training in an industrial establishment, has been authorised by a Local Committee. 101 Paragraph 22(1)(a) Omit "Chairman", substitute "Chair". 102 At the end of paragraph 22(1)(a) Add "and". 103 Paragraph 23(1)(a) Omit "Chairman", substitute "Chair". 104 At the end of paragraph 23(1)(a) Add "and". 105 Section 25 (definition of probationary tradesman) Repeal the definition. 106 Section 25 Insert: probationary tradesperson means an adult member of the Forces whose employment as a probationary tradesperson in a trade to which this Part applies has been authorised by a Local Committee. 107 Section 25 Insert: recognised tradesperson means a person who, in relation to any trade to which this Part applies: (a) was employed prior to 30 October 1941, as a tradesperson; or (b) has qualified or qualifies by service as an apprentice for employment as a tradesperson; or (c) has completed his or her course of training as a trainee tradesperson to the satisfaction of a Local Committee; or (d) has been granted a tradesperson's certificate or a certificate of recognition as a recognized tradesman. 108 Section 25 (definition of recognized tradesman) Repeal the definition. 109 Section 25 (definition of tradesman) Repeal the definition. 110 Section 25 (definition of tradesman's certificate) Repeal the definition. 111 Section 25 Insert: tradesperson means a person employed in any of the classifications specified in the Fourth Schedule to this Act. 112 Section 25 Insert: tradesperson's certificate means a tradesperson's certificate granted in accordance with this Part. 113 Section 25 (definition of trainee tradesman) Repeal the definition. 114 Section 25 Insert: trainee tradesperson means a member of the Forces (not being an apprentice) whose employment as a trainee tradesperson in a trade to which this Part applies, for the purpose of undergoing a course of training in an industrial establishment, has been authorised by a Local Committee. 115 Paragraph 27(1)(a) Omit "Chairman", substitute "Chair". 116 At the end of paragraph 27(1)(a) Add "and". 117 Paragraph 28(1)(a) Omit "Chairman", substitute "Chair". 118 At the end of paragraph 28(1)(a) Add "and". 119 Paragraph 28A(a) Omit "thirtieth day of October, One thousand nine hundred and forty‑one", substitute "30 October 1941". 120 Paragraph 28A(a) Omit "tradesman", substitute "tradesperson". Note: The heading to section 28A is altered by omitting "tradesmen's" and substituting "tradespersons'". 121 At the end of paragraph 28A(a) Add "and". 122 Paragraph 28A(b) After "him", insert "or her". 123 Section 28A Omit "tradesman's", substitute "tradesperson's". 124 Section 29 Omit "recognized tradesman", substitute "recognised tradesperson". 125 Section 29 Omit "probationary tradesman", substitute "probationary tradesperson". 126 Section 29 Omit "trainee tradesman", substitute "trainee tradesperson". 127 Section 29 After "he", insert "or she". 128 Section 30 (definition of probationary tradesman) Repeal the definition. 129 Section 30 Insert: probationary tradesperson means an adult member of the Forces whose employment as a probationary tradesperson in a trade to which this Part applies has been authorised by a Local Committee. 130 Section 30 Insert: recognised tradesperson means a person who, in relation to any trade to which this Part applies: (a) was employed, prior to 30 October 1941, as a tradesperson; or (b) has qualified or qualifies by service as an apprentice for employment as a tradesperson; or (c) has completed his or her course of training as a trainee tradesperson to the satisfaction of a Local Committee; or (d) has been employed in Australia for not less than 7 years after 30 October 1941, on work ordinarily performed by a tradesperson and was so employed at any time within 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952; or (e) has been granted a tradesperson's certificate or a certificate of recognition as a recognized tradesman. 131 Section 30 (definition of recognized tradesman) Repeal the definition. 132 Section 30 (definition of tradesman) Repeal the definition. 133 Section 30 (definition of tradesman's certificate) Repeal the definition. 134 Section 30 Insert: tradesperson means a person employed in any of the classifications specified in the Fifth Schedule to this Act. 135 Section 30 Insert: tradesperson's certificate means a tradesperson's certificate granted in accordance with this Part. 136 Section 30 (definition of trainee tradesman) Repeal the definition. 137 Section 30 Insert: trainee tradesperson means a member of the Forces (not being an apprentice) whose employment as a trainee tradesperson in a trade to which this Part applies, for the purpose of undergoing a course of training in an industrial establishment, has been authorised by a Local Committee. 138 Paragraph 32(1)(a) Omit "Chairman", substitute "Chair". 139 At the end of paragraph 32(1)(a) Add "and". 140 Paragraph 33(1)(a) Omit "Chairman", substitute "Chair". 141 At the end of paragraph 33(1)(a) Add "and". 142 Section 33A (definition of probationary tradesman) Repeal the definition. 143 Section 33A Insert: probationary tradesperson means an adult member of the Forces whose employment as a probationary tradesperson in a trade to which this Part applies has been authorised by a Local Committee. 144 Section 33A Insert: recognised tradesperson means a person who, in relation to any trade to which this Part applies: (a) was employed, prior to 31 October 1939, as a tradesperson; or (b) has qualified or qualifies by service as an apprentice for employment as a tradesperson; or (c) has been employed in Australia for not less than 7 years after 31 October 1939, on work ordinarily performed by a tradesperson and was so employed at any time within 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952; or (d) has been granted a tradesperson's certificate or a certificate of recognition as a recognized tradesman. 145 Section 33A (definition of recognized tradesman) Repeal the definition. 146 Section 33A (definition of tradesman) Repeal the definition. 147 Section 33A (definition of tradesman's certificate) Repeal the definition. 148 Section 33A Insert: tradesperson means a person employed in any of the classifications specified in the Sixth Schedule to this Act. 149 Section 33A Insert: tradesperson's certificate means a tradesperson's certificate granted in accordance with this Part. 150 Paragraph 33C(1)(a) Omit "Chairman", substitute "Chair". 151 At the end of paragraph 33C(1)(a) Add "and". 152 Paragraph 33D(1)(a) Omit "Chairman", substitute "Chair". 153 At the end of paragraph 33D(1)(a) Add "and". 154 Subsection 33E(1) Omit "forty‑one and forty‑two, and paragraph (b) of subsections (2) and (4) of section forty‑three,", substitute "41 and 42". Note: The heading to section 33E is altered by omitting "tradesmen" (wherever occurring) and substituting "tradespersons". 155 Paragraph 33E(2)(a) Omit "recognized tradesman", substitute "recognised tradesperson". 156 Paragraph 33E(2)(a) Omit "(ba)", substitute "(c)". 157 Paragraph 33E(2)(a) Omit "recognized tradesman;", substitute "recognised tradesperson;". 158 At the end of paragraphs 33E(2)(a) and (aa) Add "or". 159 Paragraph 33E(2)(b) Omit "tradesman", substitute "tradesperson". 160 Paragraph 33E(2)(c) Omit "as a tradesman", substitute "as a tradesperson". 161 Paragraph 33E(2)(c) After "his", insert "or her". 162 Paragraph 33E(2)(c) Omit "recognized tradesman", substitute "recognised tradesperson". 163 Subsection 33E(2) Omit "tradesman's certificate", substitute "tradesperson's certificate". 164 Subsection 33E(2A) Repeal the subsection, substitute: (2A) If a Local Committee is satisfied, upon application by any person, that that person would be a recognised tradesperson within the meaning of paragraph (c) of the definition of recognised tradesperson but for the fact that he or she was not employed as a tradesperson within the period of 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952 and that, but for special circumstances which prevented him or her, he or she would have been so employed, the Committee may, if it thinks fit, grant to that person a tradesperson's certificate. 165 Subsection 33E(3) Omit "recognized tradesman", substitute "recognised tradesperson". 166 Subsection 33E(3) Omit "recognized tradesmen", substitute "recognised tradespersons". 167 Subsection 33E(3) Omit "authorize", substitute "authorise". 168 Subsection 33E(3) Omit ", subject to the applicable provisions of section forty‑three of this Act,". 169 Subsection 33E(3) Omit "probationary tradesman", substitute "probationary tradesperson". 170 Subsection 33E(5) Omit "authorizing", substitute "authorising". 171 Subsection 33E(5) After "he", insert "or she". 172 Subsection 33E(6) Repeal the subsection, substitute: (6) The employer of a probationary tradesperson must pay him or her at a rate not less than the rate of the wage prescribed by the appropriate standard, pay or classification scale or the appropriate award, order, determination or industrial agreement for adults employed in the trade in which he or she is authorised to be employed. 173 Subsection 33E(7) Omit "tradesmen", substitute "tradespersons". 174 Subsection 33E(7) Omit "journeymen", substitute "journeypersons". 175 Paragraph 34(1)(a) Omit "Chairman", substitute "Chair". 176 At the end of paragraph 34(1)(a) Add "and". 177 Paragraph 34(1)(b) Omit "tradesmen's", substitute "tradespersons'". 178 At the end of paragraph 34(1)(b) Add "and". 179 Paragraph 34(1)(c) Repeal the paragraph, substitute: (c) to determine that a person who has applied for a tradesperson's certificate is, subject to satisfying such conditions (if any) as the Central Committee specifies, a person eligible to be granted a tradesperson's certificate, and to direct that he or she must be granted a tradesperson's certificate accordingly; and 180 At the end of paragraph 34(1)(d) Add "and". 181 Subsection 34(2) Omit "Chairman", substitute "Chair". 182 Subsection 34(2) Omit "seven", substitute "7". 183 Subsection 34(2) After "him", insert "or her". 184 Paragraph 34(4)(a) Omit "Chairman" (wherever occurring), substitute "Chair". 185 Paragraph 35(1)(a) Omit "authorize", substitute "authorise". 186 Paragraph 35(1)(a) Omit "tradesmen" (wherever occurring), substitute "tradespersons". 187 At the end of paragraph 35(1)(a) Add "and". 188 Paragraph 35(1)(b) Omit "tradesman" (wherever occurring), substitute "tradesperson". 189 Paragraph 35(1)(c) Omit "tradesmen's", substitute "tradespersons'". 190 Subsection 35(2) Omit "Chairman", substitute "Chair". 191 Subsection 37(2) Omit "Chairman", substitute "Chair". 192 Section 39 Omit "Chairman", substitute "Chair". 193 Section 39 After "his" (wherever occurring), insert "or her". 194 Section 40 Omit "Chairman" (wherever occurring), substitute "Chair". Note: The heading to section 40 is altered by omitting "Chairman" and substituting "Chair". 195 Paragraph 41(1)(a) Omit "recognized tradesman" (first occurring), substitute "recognised tradesperson". Note: The heading to section 41 is altered by omitting "tradesmen" (wherever occurring) and substituting "tradespersons". 196 Paragraph 41(1)(a) Omit "(ca)", substitute "(d)". 197 Paragraph 41(1)(a) Omit "recognized tradesman" (second occurring), substitute "recognised tradesperson". 198 At the end of paragraph 41(1)(a) Add "or". 199 Paragraph 41(1)(b) After "his", insert "or her". 200 Paragraph 41(1)(b) Omit "recognized tradesman;", substitute "recognised tradesperson; or". 201 Paragraph 41(1)(ba) Omit "recognized tradesman;", substitute "recognised tradesperson; or". 202 At the end of paragraph 41(1)(bb) Add "or". 203 Paragraph 41(1)(c) Omit "tradesman" (wherever occurring), substitute "tradesperson". 204 Paragraph 41(1)(d) Omit "tradesman" (first occurring), substitute "tradesperson". 205 Paragraph 41(1)(d) After "his", insert "or her". 206 Paragraph 41(1)(d) Omit "recognized tradesman", substitute "recognised tradesperson". 207 Subsection 41(1) Omit "tradesman's certificate", substitute "tradesperson's certificate". 208 Subsection 41(1A) Repeal the subsection, substitute: (1A) If a Local Committee is satisfied, upon application by any person, that that person would be a recognised tradesperson within the meaning of paragraph (c) of the definition of recognised tradesperson but for the fact that he or she was not employed as a tradesperson within the period of 1 month before the commencement of the Tradesmen's Rights Regulation Act 1952 and that, but for special circumstances which prevented him or her, he or she would have been so employed, the Committee may, if it thinks fit, grant to that person a tradesperson's certificate. 209 Subsection 41(1B) Omit "(ca)", substitute "(d)". 210 Subsection 41(1B) Omit "recognized tradesman", substitute "recognised tradesperson". 211 Subsection 41(2) Omit "twelve", substitute "12". 212 Subsection 41(2) Omit "recognized tradesman", substitute "recognised tradesperson". 213 Subsection 41(2) Omit "authorize", substitute "authorise". 214 Subsection 41(2) Omit ", subject to the provisions of section forty‑three of this Act,". 215 Subsection 41(2) Omit "probationary tradesman", substitute "probationary tradesperson". 216 Subsection 41(3) Omit "recognized tradesman", substitute "recognised tradesperson". 217 Subsection 41(3) Omit "authorize", substitute "authorise". 218 Subsection 41(3) Omit ", subject to the provisions of section forty‑three of this Act,". 219 Subsection 41(3) Omit "trainee tradesman", substitute "trainee tradesperson". 220 Subsection 41(3A) Omit "one hundred and thirty‑nine", substitute "139". 221 Subsection 41(3A) Omit "recognized tradesman", substitute "recognised tradesperson". 222 Subsection 41(3A) Omit ", subject to the provisions of section forty‑three of this Act,". 223 Subsection 41(3A) Omit "trainee tradesman", substitute "trainee tradesperson". 224 Subsection 41(5) Omit "authorizing", substitute "authorising". 225 Subsection 41(5) After "he", insert "or she". 226 Subsections 41(6) and (7) Repeal the subsections, substitute: (6) The employer of a probationary tradesperson must pay him or her at a rate not less than the rate of the wage prescribed by the appropriate standard, pay or classification scale or the appropriate award, order, determination or industrial agreement for adults employed in the trade in which he or she is authorised to be employed. (7) The employer of a trainee tradesperson must pay him or her at a rate not less than the difference between: (a) the rate of the wage prescribed by the appropriate standard, pay or classification, the appropriate award, order, determination or industrial agreement for adults employed in the trade in which he or she is authorised to be employed; and (b) the rate of the allowance payable to him or her from time to time under the Commonwealth Reconstruction Training Scheme or under a scheme of vocational training established under regulations made under the Repatriation Act 1920‑1951. 227 Subsection 41(8) Omit "tradesmen" (wherever occurring), substitute "tradespersons". 228 Subsection 41(8) Omit "journeymen", substitute "journeypersons". 229 Subsection 41(8) Omit "Australian Pay and Classification Scale", substitute "standard, pay or classification scale". 230 Section 42 Omit "tradesman", substitute "tradesperson". 231 Paragraph 46(1)(a) Omit "tradesmen's", substitute "tradespersons'". 232 At the end of subparagraph 46(1)(a)(i) Add "and". 233 Paragraph 46(1)(b) Omit "tradesmen" (wherever occurring), substitute "tradespersons". 234 At the end of subparagraphs 46(1)(b)(i) to (iv) Add "and". 235 Subsection 47(1) Omit "(1)". 236 Subsection 47(1) Omit "tradesman" (wherever occurring), substitute "tradesperson". 237 Subsection 47(1) Omit "seven", substitute "7". 238 Subsection 47(1) After "he", insert "or she". 239 Section 48 Repeal the section, substitute: 48 Persons removed from Register A probationary tradesperson or trainee tradesperson whose name is removed from a Register is, while his or her name is so removed, taken not to be a probationary tradesperson or trainee tradesperson, as the case may be, for the purposes of this Part. 240 Subsection 49(2) Omit "Chairman", substitute "Chair". 241 Subsection 49(2) Omit "authorized", substitute "authorised". 242 Subsection 49(3) Repeal the subsection, substitute: (3) A person must not hinder or obstruct an officer or employee of the Commonwealth so authorised in the exercise of his or her powers under this Act. 243 Paragraph 51A(2)(b) Omit "tradesmen", substitute "tradespersons". 244 First Schedule Omit "(tradesman)", substitute "(tradesperson)". 245 First Schedule Omit "Refrigeration mechanic or serviceman.", substitute "Refrigeration mechanic or serviceperson.". 246 First Schedule Omit "Tradesman", substitute "Tradesperson". 247 First Schedule Omit "Optical tradesman", substitute "Optical tradesperson". 248 Second Schedule Omit "tradesman" (wherever occurring), substitute "tradesperson". 249 Third Schedule Omit "Tradesman heat treater.", substitute "Tradesperson heat treater.". 250 Fourth Schedule Omit "Tradesman" (wherever occurring), substitute "Tradesperson". 251 Fourth Schedule Omit "Refrigeration mechanic or serviceman.", substitute "Refrigeration mechanic or serviceperson.". 252 Transitional provision—the Tradesmen's Rights Regulation Act 1946 The amendments of the Tradesmen's Rights Regulation Act 1946 made by items 53 to 251 do not affect the validity or effectiveness of a certificate granted under that Act before the commencement of those amendments. Veterans' Entitlements Act 1986 253 Section 5 (index of definitions, entries dealing with type A funeral investment and type B funeral investment) Repeal the entries. Note: The definitions to which the entries in the index refer have been repealed. 254 Subsection 118NH(2A) (the subsection (2A) inserted by item 70 of Schedule 1 to the Veterans' Affairs Legislation Amendment (2007 Measures No. 1) Act 2007) Renumber as subsection (2B). 255 Subsection 118NH(3) Omit "(2A)", substitute "(2B)". Note: This item fixes an incorrect cross‑reference. Water Act 2007 256 Subparagraph 21(4)(c)(viii) Omit "and" (last occurring). Note: This item and item 257 omit redundant conjunctions from the end of subparagraphs. 257 Subparagraph 21(4)(c)(ix) Omit "and". 258 Paragraph 26(4)(b) Omit "transfer or", substitute "transfer of". Note: This item fixes a typographical error. 259 Subsection 38(1) Omit "section 18", substitute "section 250E". Note: This item fixes an incorrect cross‑reference. 260 Section 40 Omit "section 15", substitute "section 250B". Note: This item fixes an incorrect cross‑reference. 261 Subsection 51(10) Repeal the subsection. Note: The effect of subsection 51(10) is duplicated in subsection 51(5). 262 Subsection 62(1) Omit "section 18", substitute "section 250E". Note: This item fixes an incorrect cross‑reference. 263 Subsection 68(10) After "located in", insert "a". Note: This item fixes a typographical error. 264 Paragraph 81(1)(b) Omit "waters", substitute "water". Note 1: This item fixes a typographical error. Note 2: The heading to section 184 is altered by omitting "Chair" and substituting "Chief Executive". 265 Section 255A (the section 255A inserted by item 161A of Schedule 2 to the Water Amendment Act 2008) Renumber as section 255AA. Schedule 2—Amendment of amending Acts A New Tax System (Compensation Measures Legislation Amendment) Act 1999 1 Item 22 of Schedule 2 Repeal the item, substitute: 22 Subpoint SCH6‑A1(3) of Schedule 6 (method statement 2, step 4) After "2", insert ", 2A". Note: This item fixes a misdescribed amendment. Child Support Legislation Amendment (Reform of the Child Support Scheme—New Formula and Other Measures) Act 2006 2 Item 114 of Schedule 2 (heading) Repeal the heading, substitute: 114 Paragraph 86(3B)(c) Note: This item fixes a misdescribed amendment. 3 After item 114 of Schedule 2 Insert: 114A Paragraph 87(4D)(c) Omit "for administrative assessment of child support (within the meaning of that Act) for the child seeking payment of the child support by the other party to the agreement", substitute "for the other party to the agreement to be assessed in respect of the costs of the child". Note: This item inserts a new amending item to amend a provision that was originally intended to have been amended by the misdescribed amendment corrected by item 2. Education Legislation Amendment Act 2008 4 Item 9 of Schedule 2 Omit "State", substitute "States". Note: This item fixes a misdescribed amendment. Export Market Development Grants Amendment Act 2008 5 Items 54 and 55 of Schedule 1 Omit "services", substitute "service". Note: This item fixes misdescribed amendments. Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 6 Item 244 of Schedule 22 Repeal the item. Note: This item repeals a misdescribed amendment. The amendment is remade (in a corrected form) by item 27 of Schedule 1. Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 7 Item 34 of Schedule 3 Repeal the item, substitute: 34 Section 98W Omit: • A court may declare that a person is, or is not, entitled to administrative assessment of child support for a child because that person or another person is, or is not, a parent of the child. substitute: • A court may declare that a person should, or should not, be assessed in respect of the costs of the child because the person is, or is not, a parent of the child. Note: This item fixes a misdescribed amendment. 8 Item 37 of Schedule 3 (note) Omit "—carer applications". Note: This item fixes a note to an amending item that incorrectly identifies the text of a section heading. 9 Item 56 of Schedule 8 Omit "1067L‑F6", substitute "1067L‑F8". Note: This item fixes a misdescribed amendment. Financial Sector Legislation Amendment (Review of Prudential Decisions) Act 2008 10 Item 29 of Schedule 1 (heading) Omit "(z)", substitute "(w)". Note: This item fixes a misdescribed amendment. 11 Item 47 of Schedule 1 Repeal the item. Note: This item repeals an item that amends a section that has been repealed. First Home Saver Accounts (Consequential Amendments) Act 2008 12 Item 26 of Schedule 3 Repeal the item, substitute: 26 Subsection 236(1) (definition of reviewable decision) After "means", insert ", subject to subsection (1AA),". Note: This item fixes a misdescribed amendment. First Home Saver Accounts (Further Provisions) Amendment Act 2008 13 Subsection 2(1) (paragraph (b) of column 2 of table item 4) After "the commencement of", insert "item 50 of". Note: This item clarifies a commencement provision that operates by reference to the commencement of a provision of another Act. Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999 14 Items 42 and 45 of Schedule 2 Repeal the items. Note: This item repeals misdescribed amendments that can no longer be made operative. Native Title Amendment (Technical Amendments) Act 2007 15 Item 31 of Schedule 4 (heading) Repeal the heading, substitute: 31 Subsection 251C(4) Note: This item and item 16 fix misdescribed amendments. 16 After item 31 of Schedule 4 Insert: 31A Subsection 251C(5) Omit "makes a written determination stating that", substitute "determines, by legislative instrument, that". Social Security and Veterans' Affairs Legislation Amendment Act 1995 17 Item 17 of Schedule 1 Repeal the item. Note: This item repeals an item made redundant by amendments made by the Social Security (Non‑Budget Measures) Legislation Amendment Act 1995. Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998 18 Item 4 of Schedule 8 Repeal the item (including the note). Note: This item repeals a misdescribed amendment that was made redundant by an amendment in the same amending Act. Social Security and Veterans' Entitlements Legislation Amendment (One‑off Payments and Other Budget Measures) Act 2008 19 Item 69 of Schedule 3 (heading) Omit "Schedule 2", substitute "Schedule 4". Note: This item fixes a misdescribed amendment. 20 Item 70 of Schedule 3 (heading) Omit "Schedule 4", substitute "Schedule 2". Note: This item fixes a misdescribed amendment. Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 21 Item 221 of Schedule 1 Repeal the item. Note: This item repeals a misdescribed amendment that can no longer be made operational. Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 22 Item 22 of Schedule 7 Repeal the item. Note: This item repeals a misdescribed amendment that can no longer be made operational. Tax Laws Amendment (2006 Measures No. 1) Act 2006 23 Item 1 of Schedule 2 (heading) Omit "Subsection 12‑5(2)", substitute "Section 12‑5". Note: This item fixes a misdescribed amendment. Tax Laws Amendment (2006 Measures No. 4) Act 2006 24 Items 37 and 38 of Schedule 4 Repeal the items. Note: This item repeals items made redundant by amendments made by the