Statute Law Revision Act 2008 (Cth)

Statute Law Revision Act 2008 No. 73, 2008 An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendment of principal Acts Aboriginal and Torres Strait Islander Heritage Protection Act 1984 Acts Interpretation Act 1901 Admiralty Act 1988 Agricultural and Veterinary Chemicals (Administration) Act 1992 Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Australian Land Transport Development Act 1988 Australian National University Act 1991 Australian Prudential Regulation Authority Act 1998 Bills of Exchange Act 1909 Broadcasting Services Act 1992 Data‑matching Program (Assistance and Tax) Act 1990 Defence Housing Australia Act 1987 Environment Protection and Biodiversity Conservation Act 1999 Health Insurance Act 1973 Higher Education Support Act 2003 Inspector of Transport Security Act 2006 Migration Act 1958 Military Rehabilitation and Compensation Act 2004 Navigation Act 1912 Protection of the Sea (Civil Liability) Act 1981 Removal of Prisoners (Territories) Act 1923 Renewable Energy (Electricity) Act 2000 Social Security (Administration) Act 1999 Therapeutic Goods Act 1989 Transfer of Prisoners Act 1983 Water Act 2007 Schedule 2—Amendment of amending Acts Broadcasting Legislation Amendment (Digital Radio) Act 2007 Broadcasting Legislation Amendment (Digital Television) Act 2006 Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 Defence Legislation Amendment Act 2006 Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 Environment and Heritage Legislation Amendment Act (No. 1) 2006 Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007 Family Law Amendment (Shared Parental Responsibility) Act 2006 Fisheries Legislation Amendment Act 2007 OHS and SRC Legislation Amendment Act 2006 Postal Industry Ombudsman Act 2006 Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 Statute Law Revision Act 2007 Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 Schedule 3—Repeal of obsolete Acts Part 1—Acts administered by the Minister for Agriculture, Fisheries and Forestry Brigalow Lands Agreement Act 1962 Foreign Fishing Boats Levy Act 1981 New South Wales Flood Relief Act 1974 New South Wales Grant (Leeton Co‑operative Cannery Limited) Act 1971 Northern Prawn Fishery Voluntary Adjustment Scheme Loan Guarantee Act 1985 Queensland Flood Relief Act 1974 Queensland Grant (Proserpine Flood Mitigation) Act 1976 Queensland Tobacco Leaf Marketing Board Guarantee Act 1953 Softwood Forestry Agreements Act 1967 Softwood Forestry Agreements Act 1972 Softwood Forestry Agreements Act 1976 Softwood Forestry Agreements Act 1978 States Grants (Rural Reconstruction) Act 1971 States Grants (Rural Reconstruction) Act 1973 Tasmanian Native Forestry Agreement Act 1979 Tasmanian Native Forestry Agreement Act 1980 Western Australia Grant (Northern Development) Act 1958 Western Australia (Northern Development) Agreement Act 1963 Part 2—Act administered by the Minister for Health and Ageing Alcohol Education and Rehabilitation Account Act 2001 Part 3—Acts administered by the Minister for Infrastructure, Transport, Regional Development and Local Government Air Navigation (Charges) Act 1952 National Railway Network (Financial Assistance) Act 1979 Tasmania Agreement (Launceston Precision Tool Annexe) Act 1980 Part 4—Act administered by the Minister for Innovation, Industry, Science and Research Education Research Act 1970 Part 5—Act administered by the Prime Minister Resource Assessment Commission Act 1989 Part 6—Amendments consequential on repeal of obsolete Acts Age Discrimination Act 2004 Bankruptcy Act 1966 Sea Installations Act 1987 Schedule 4—Removing gender‑specific language Aboriginal Affairs (Arrangements with the States) Act 1973 Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act 1975 Aboriginal Land Rights (Northern Territory) Act 1976 Air Accidents (Commonwealth Government Liability) Act 1963 Albury‑Wodonga Development Act 1973 Antarctic Treaty Act 1960 Ashmore and Cartier Islands Acceptance Act 1933 Atomic Energy Act 1953 Australian Antarctic Territory Act 1954 Australian Centre for International Agricultural Research Act 1982 Australian Wine and Brandy Corporation Act 1980 Banking Act 1959 Bills of Exchange Act 1909 Biological Control Act 1984 Canberra Water Supply (Googong Dam) Act 1974 Civil Aviation (Carriers' Liability) Act 1959 Coal Research Assistance Act 1977 Cocos (Keeling) Islands Act 1955 Commerce (Trade Descriptions) Act 1905 Common Informers (Parliamentary Disqualifications) Act 1975 Commonwealth Electoral Act 1918 Commonwealth Grants Commission Act 1973 Commonwealth Inscribed Stock Act 1911 Consular Fees Act 1955 Consular Privileges and Immunities Act 1972 Copyright Act 1968 Crimes Act 1914 Crimes (Biological Weapons) Act 1976 Crimes (Currency) Act 1981 Crimes (Overseas) Act 1964 Customs Tariff (Anti‑Dumping) Act 1975 Defence Force Discipline Appeals Act 1955 Defence (Visiting Forces) Act 1963 Diplomatic and Consular Missions Act 1978 Diplomatic Privileges and Immunities Act 1967 Domicile Act 1982 Epidemiological Studies (Confidentiality) Act 1981 Family Law Act 1975 Flags Act 1953 Foreign Acquisitions and Takeovers Act 1975 Foreign Proceedings (Excess of Jurisdiction) Act 1984 Growth Centres (Financial Assistance) Act 1973 Health Insurance Act 1973 Heard Island and McDonald Islands Act 1953 Immigration (Education) Act 1971 Immigration (Guardianship of Children) Act 1946 Insurance Contracts Act 1984 International Arbitration Act 1974 International Monetary Agreements Act 1947 International Organisations (Privileges and Immunities) Act 1963 International Tax Agreements Act 1953 Judges' Pensions Act 1968 Judicial and Statutory Officers (Remuneration and Allowances) Act 1984 Land Commissions (Financial Assistance) Act 1973 Law Officers Act 1964 Lighthouses Act 1911 Loans Securities Act 1919 Marine Insurance Act 1909 Narcotic Drugs Act 1967 Natural Heritage Trust of Australia Act 1997 Nauru (High Court Appeals) Act 1976 Navigation Act 1912 Non‑Government Schools (Loans Guarantee) Act 1977 Northern Territory (Lessees' Loans Guarantee) Act 1954 Northern Territory (Self‑Government) Act 1978 Parliamentary Contributory Superannuation Act 1948 Parliamentary Counsel Act 1970 Port Statistics Act 1977 Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 Racial Discrimination Act 1975 Registration of Deaths Abroad Act 1984 Removal of Prisoners (Territories) Act 1923 Remuneration and Allowances Act 1990 Remuneration Tribunal Act 1973 Reserve Bank Act 1959 Royal Commissions Act 1902 Royal Powers Act 1953 Scout Association Act 1924 Seas and Submerged Lands Act 1973 Seat of Government (Administration) Act 1910 Special Prosecutors Act 1982 States Grants (Advanced Education) Act 1976 Submarine Cables and Pipelines Protection Act 1963 Taxation Administration Act 1953 Transfer of Prisoners Act 1983 Trust Recoupment Tax Assessment Act 1985 United States Naval Communication Station (Civilian Employees) Act 1968 War Graves Act 1980 Statute Law Revision Act 2008 No. 73, 2008 An Act to make various amendments of the statute law of the Commonwealth, to repeal certain obsolete Acts, and for related purposes [Assented to 3 July 2008] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Statute Law Revision Act 2008. 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 on which this Act receives the Royal Assent. 3 July 2008 2. Schedule 1, item 1 The day on which this Act receives the Royal Assent. 3 July 2008 3. Schedule 1, item 2 Immediately after the commencement of item 7 of Schedule 1 to the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003. 1 January 2005 4. Schedule 1, item 3 The day on which this Act receives the Royal Assent. 3 July 2008 5. Schedule 1, item 4 Immediately after the commencement of item 51 of Schedule 1 to the Agricultural and Veterinary Chemicals (Administration) Amendment Act 2007. 1 July 2007 6. Schedule 1, item 5 Immediately after the commencement of section 130 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. 13 December 2006 7. Schedule 1, items 6 to 9 The day on which this Act receives the Royal Assent. 3 July 2008 8. Schedule 1, item 10 Immediately after the commencement of item 36 of Schedule 2 to the Higher Education Support (Transitional Provisions and Consequential Amendments) Act 2003. 1 July 2004 9. Schedule 1, item 11 Immediately after the commencement of item 9 of Schedule 2 to the Financial Sector (Collection of Data—Consequential and Transitional Provisions) Act 2001. 1 July 2002 10. Schedule 1, items 12 to 18 The day on which this Act receives the Royal Assent. 3 July 2008 11. Schedule 1, item 19 Immediately after the commencement of item 59 of Schedule 1 to the Defence Housing Authority Amendment Act 2006. 22 November 2006 12. Schedule 1, item 20 Immediately after the commencement of item 60 of Schedule 1 to the Defence Housing Authority Amendment Act 2006. 22 November 2006 13. Schedule 1, item 21 Immediately after the commencement of item 368 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 19 February 2007 14. Schedule 1, item 22 Immediately after the commencement of item 471 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 19 February 2007 15. Schedule 1, item 23 Immediately after the commencement of item 623 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 19 February 2007 16. Schedule 1, item 24 Immediately after the commencement of item 691 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 19 February 2007 17. Schedule 1, item 25 Immediately after the commencement of item 767 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 19 February 2007 18. Schedule 1, item 26 Immediately after the commencement of item 825 of Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 19 February 2007 19. Schedule 1, item 27 Immediately after the commencement of item 61 of Schedule 1 to the Health Insurance Amendment (Professional Services Review) Act 1999. 1 August 1999 20. Schedule 1, items 28 and 29 Immediately after the commencement of section 179‑10 of the Higher Education Support Act 2003. 1 January 2004 21. Schedule 1, item 30 Immediately after the commencement of section 77 of the Inspector of Transport Security Act 2006. 7 June 2007 22. Schedule 1, item 31 Immediately after the commencement of section 79 of the Inspector of Transport Security Act 2006. 7 June 2007 23. Schedule 1, items 32 and 33 Immediately after the commencement of item 2 of Schedule 2 to the Migration Legislation Amendment (Overseas Students) Act 2000. 1 March 2001 24. Schedule 1, item 34 Immediately after the commencement of section 123 of the Military Rehabilitation and Compensation Act 2004. 1 July 2004 25. Schedule 1, item 35 Immediately after the commencement of section 62 of the Australian Maritime Safety Authority Act 1990. 1 January 1991 26. Schedule 1, item 36 Immediately after the commencement of section 6 of the Navigation (Protection of the Sea) Amendment Act 1983. 14 January 1988 27. Schedule 1, item 37 Immediately after the commencement of item 3 of Schedule 1 to the Protection of the Sea (Civil Liability) Amendment Act 2000. 6 April 2001 28. Schedule 1, items 38 to 40 The day on which this Act receives the Royal Assent. 3 July 2008 29. Schedule 1, items 41 to 45 Immediately after the commencement of the Renewable Energy (Electricity) Act 2000. 18 January 2001 30. Schedule 1, item 46 Immediately after the commencement of item 39 of Schedule 1 to the Family and Community Services Legislation Amendment (Australians Working Together and other 2001 Budget Measures) Act 2003. 20 September 2003 31. Schedule 1, item 47 Immediately after the commencement of item 79 of Schedule 1 to the Therapeutic Goods Amendment Act (No. 1) 2003. 17 September 2001 32. Schedule 1, items 48 to 58 The day on which this Act receives the Royal Assent. 3 July 2008 33. Schedule 1, item 59 Immediately after the commencement of section 4 of the Water Act 2007. 3 March 2008 34. Schedule 1, item 60 Immediately after the commencement of section 11 of the Water Act 2007. 3 March 2008 35. Schedule 1, item 61 Immediately after the commencement of section 63 of the Water Act 2007. 3 March 2008 36. Schedule 1, item 62 Immediately after the commencement of section 69 of the Water Act 2007. 3 March 2008 37. Schedule 1, item 63 Immediately after the commencement of section 86 of the Water Act 2007. 3 March 2008 38. Schedule 1, item 64 Immediately after the commencement of section 92 of the Water Act 2007. 3 March 2008 39. Schedule 1, item 65 Immediately after the commencement of section 93 of the Water Act 2007. 3 March 2008 40. Schedule 1, item 66 Immediately after the commencement of section 156 of the Water Act 2007. 3 March 2008 41. Schedule 1, item 67 Immediately after the commencement of section 169 of the Water Act 2007. 3 March 2008 42. Schedule 1, item 68 Immediately after the commencement of section 170 of the Water Act 2007. 3 March 2008 43. Schedule 1, item 69 Immediately after the commencement of section 244 of the Water Act 2007. 3 March 2008 44. Schedule 2, item 1 Immediately after the time specified in the Broadcasting Legislation Amendment (Digital Radio) Act 2007 for the commencement of item 148 of Schedule 1 to that Act. 29 May 2007 45. Schedule 2, item 2 Immediately after the time specified in the Broadcasting Legislation Amendment (Digital Television) Act 2006 for the commencement of item 26 of Schedule 2A to that Act. 4 May 2007 46. Schedule 2, item 3 Immediately after the time specified in the Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 for the commencement of item 108 of Schedule 1 to that Act. 28 June 2007 47. Schedule 2, item 4 Immediately after the time specified in the Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 for the commencement of item 112 of Schedule 1 to that Act. 28 June 2007 48. Schedule 2, item 5 Immediately after the time specified in the Defence Legislation Amendment Act 2006 for the commencement of item 235 of Schedule 1 to that Act. 1 October 2007 49. Schedule 2, items 6 to 13 The day on which the Australian Citizenship Act 2007 received the Royal Assent. 15 March 2007 50. Schedule 2, item 14 Immediately after the time specified in the Environment and Heritage Legislation Amendment Act (No. 1) 2006 for the commencement of item 453 of Schedule 1 to that Act. 19 February 2007 51. Schedule 2, item 15 Immediately after the commencement of item 18 of Schedule 2 to the Environment and Heritage Legislation Amendment Act (No. 1) 2006. 12 December 2006 52. Schedule 2, item 16 Immediately after the commencement of section 2 of the Families, Community Services and Indigenous Affairs Legislation Amendment (Child Support Reform Consolidation and Other Measures) Act 2007. 21 June 2007 53. Schedule 2, item 17 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 10 of Schedule 1 to that Act. 22 June 2007 54. Schedule 2, item 18 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 11 of Schedule 1 to that Act. 22 June 2007 55. Schedule 2, items 19 and 20 The day on which the Australian Citizenship Act 2007 received the Royal Assent. 15 March 2007 56. Schedule 2, item 21 Immediately after the time specified in the Fisheries Legislation Amendment Act 2007 for the commencement of item 16 of Schedule 2 to that Act. 26 July 2007 57. Schedule 2, item 22 Immediately after the time specified in the Fisheries Legislation Amendment Act 2007 for the commencement of item 260 of Schedule 3 to that Act. 26 July 2007 58. Schedule 2, item 23 Immediately after the time specified in the OHS and SRC Legislation Amendment Act 2006 for the commencement of items 55 and 56 of Schedule 1 to that Act. 14 March 2007 59. Schedule 2, item 24 Immediately after the time specified in the Postal Industry Ombudsman Act 2006 for the commencement of item 18 of Schedule 1 to that Act. 6 October 2006 60. Schedule 2, item 25 Immediately after the time specified in the Social Security and Family Assistance Legislation Amendment (Miscellaneous Measures) Act 2006 for the commencement of items 51, 74, 78 and 79 of Schedule 3 to that Act. 27 September 2006 61. Schedule 2, item 26 Immediately after the commencement of item 8 of Schedule 2 to the Statute Law Revision Act 2007. 1 July 2006 62. Schedule 2, items 27 and 28 Immediately after the time specified in the Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 for the commencement of item 7 of Schedule 4 to that Act. 12 December 2006 63. Schedule 3 The day on which this Act receives the Royal Assent. 3 July 2008 64. Schedule 4 The day after this Act receives the Royal Assent. 4 July 2008 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 and Torres Strait Islander Heritage Protection Act 1984 1 Subsection 18(2A) (the subsection 18(2A) inserted by item 7 of Schedule 3 to the Aboriginal and Torres Strait Islander Heritage Protection Amendment Act 2006) Renumber as subsection (2B). Acts Interpretation Act 1901 2 Subsections 19BA(4) and (5) Repeal the subsections. Note: This item repeals provisions that refer to a provision of the Acts Interpretation Act 1901 that has been repealed. Admiralty Act 1988 3 Paragraph 4(3)(u) Omit "Arbitration (Foreign Awards and Agreements) Act 1974", substitute "International Arbitration Act 1974". Note: This item corrects a misstatement of the short title of an Act. Agricultural and Veterinary Chemicals (Administration) Act 1992 4 Subsection 57(1) Omit "they apply", substitute "it applies". Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 5 Subsection 130(3) (note) Omit "and evidential", substitute "an evidential". Australian Land Transport Development Act 1988 6 Part I (heading) Repeal the heading, substitute: Part 1—Preliminary Note: This item changes the Part number to an Arabic numeral. 7 Part III (heading) Repeal the heading, substitute: Part 3—Approval of projects and programs Note: This item changes the Part number to an Arabic numeral. 8 Part IV (heading) Repeal the heading, substitute: Part 4—Conditions of payments Note: This item changes the Part number to an Arabic numeral. 9 Part V (heading) Repeal the heading, substitute: Part 5—Miscellaneous Note: This item changes the Part number to an Arabic numeral. Australian National University Act 1991 10 Paragraph 10(6)(c) Omit "university", substitute "University". Australian Prudential Regulation Author