Part 1 -- Departments of State
1 S ubs ection 5 (1)
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
2 Paragraphs 71(3)(e) and 91(1)(f)
Omit "Department of Defence", substitute "Defence Department".
3 Subsection 251(2)
Omit "Department of Defence", substitute "Defence Department".
4 Paragraph 251(3)(a)
Omit "Department of Defence", substitute "Defence Department".
Anti - Personnel Mines Convention Act 1998
5 Section 4
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Defence Minister.
6 Paragraph 29(3)(a)
Omit "Department of Defence", substitute "Defence Department".
Australian Human Rights Commission Act 1986
7 Subsection 3(1)
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
8 Subsection 11(4)
Omit "Department of Defence" (wherever occurring), substitute "Defence Department".
9 Subsection 21(3)
Omit "Department of Defence", substitute "Defence Department".
Australian Security Intelligence Organisation Act 1979
10 Section 4
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
11 Section 4 ( paragraphs ( c), (d) and (e) of the definition of intelligence or security agency )
Omit "Department of Defence", substitute "Defence Department".
Aviation Transport Security Act 2004
12 Section 9
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
13 Paragraph 28(4)(b)
Omit "Department of Defence", substitute "Defence Department".
Child Support (Assessment) Act 1989
14 Subsection 150(1)
Insert:
"Veterans' Affairs Department" means the Department administered by the Minister administering the Veterans' Entitlements Act 1986 .
15 Paragraph 150(3)(b)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
Child Support (Registration and Collection) Act 1988
16 Subsection 4(1)
Insert:
"Immigration Department" means the Department administered by the Minister administering the Migration Act 1958 .
17 Subsection 4(1)
Insert:
"Veterans' Affairs Department" means the Department administered by the Minister administering the Veterans' Entitlements Act 1986 .
18 Paragraph 16(3)(b)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
19 Subsection 72G(4)
Omit "Department of Immigration and Multicultural Affairs", substitute "Immigration Department".
Civil Aviation (Carriers' Liability) Act 1959
20 Subsection 5(1)
Insert:
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
21 Subsection 8(3)
Omit "Department of Foreign Affairs and Trade", substitute "Foreign Affairs Department".
Coal Mining Industry (Long Service Leave Funding) Act 1992
22 Subsection 50(3)
Omit "of Industrial Relations".
Commonwealth Electoral Act 1918
23 Subsection 99A(6)
Omit "Department of Immigration, Local Government and Ethnic Affairs", substitute "Immigration Department".
24 Subsection 3(1)
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
25 Subsection 3(1)
Insert:
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
26 Subsection 56(2) (definition of eligible person )
Omit "Department of Foreign Affairs and Trade", substitute "Foreign Affairs Department".
27 Section 85ZL ( paragraphs ( d), (e) and (f) of the definition of intelligence or security agency )
Omit "Department of Defence", substitute "Defence Department".
28 Section 473.1 of the Criminal Code
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
29 Section 473.1 of the Criminal Code ( paragraphs ( d) and (e) of the definition of intelligence or security officer )
Omit "Department of Defence", substitute "Defence Department".
30 Subsection 476.1(1) of the Criminal Code
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
31 Subsection 476.5(3) of the Criminal Code (definition of DIGO )
Omit "Department of Defence", substitute "Defence Department".
32 Subsection 476.5(3) of the Criminal Code (definition of DSD )
Omit "Department of Defence", substitute "Defence Department".
33 Subsection 116R (1)
Omit "Department of Defence", substitute "Department administered by the Minister".
Defence Service Homes Act 1918
34 Subsection 4(1)
Insert:
"Defence Department" has the meaning given by the Military Rehabilitation and Compensation Act 2004 .
35 Subsections 4BA(5) and 4BB(4)
Omit "Department of Defence", substitute "Defence Department".
Defence (Special Undertakings) Act 1952
36 Section 19
Omit "Department of Aviation", substitute "Department administered by the Minister administering the Air Navigation Act 1920 ".
Diplomatic Privileges and Immunities Act 1967
37 Paragraph 7(2)(h)
Omit "Department of Foreign Affairs and Trade", substitute "Department administered by the Minister administering this Act".
38 Subsection 3(1)
Insert:
"Immigration Department" means the Department administered by the Minister administering the Migration Act 1958 .
39 Subsection 3(1)
Insert:
"Veterans' Affairs Department" means the Department administered by the Veterans' Affairs Minister.
40 Subsection 19AB(6)
Omit "Department of Immigration and Multicultural Affairs", substitute "Immigration Department".
41 Subsection 19AB(6)
Omit "Department of Health and Family Services", substitute "Department administered by the Minister".
42 Paragraph 130(6)(d)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
43 Paragraph 130(7)(f)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
44 Paragraph 130(7)(fa)
Omit "Department of Immigration and Ethnic Affairs", substitute "Immigration Department".
45 Paragraph 130(9)(b)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
46 Paragraph 130(9)(ba)
Omit "Department of Immigration and Ethnic Affairs", substitute "Immigration Department".
Higher Education Funding Act 1988
47 Subsection 78(8)
Omit "the Department of Employment, Education and Training", substitute "the Department".
Immigration (Education) Charge Act 1992
48 Subsection 3(2)
Insert:
"Finance Department" means the Department administered by the Minister administering the Financial Management and Accountability Act 1997 .
49 Subsection 6(2) ( paragraph ( a) of the definition of base CGFCE number )
Omit "Department of Finance", substitute "Finance Department".
50 Subsection 6(2) ( paragraph ( a) of the definition of new CGFCE number )
Omit "Department of Finance", substitute "Finance Department".
Independent National Security Legislation Monitor Act 2010
51 Section 4
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
52 Section 4 ( paragraphs ( f), (g), (h) and (i) of the definition of head )
Omit "Department of Defence", substitute "Defence Department".
53 Section 4 ( paragraphs ( g), (h) and (i) of the definition of law enforcement or security agency )
Omit "Department of Defence", substitute "Defence Department".
Industrial Chemicals (Notification and Assessment) Act 1989
54 Subsection 5(1) (definition of ADG Code )
Omit "Department of Transport and Regional Development", substitute "Transport Department".
55 Subsection 5(1)
Insert:
"Transport Department" means the Department administered by the Minister administering the National Transport Commission Act 2003 .
Inspector - General of Intelligence and Security Act 1986
56 Subsection 3(1)
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
57 Subsection 3(1) (definition of DIGO )
Omit "Department of Defence", substitute "Defence Department".
58 Subsection 3(1) (definition of DIO )
Omit "Department of Defence", substitute "Defence Department".
59 Subsection 3(1) (definition of DSD )
Omit "Department of Defence", substitute "Defence Department".
60 Paragraphs 15(3)(b) and 21(1B)(b) and (2)(a)
Omit "Department of Defence", substitute "Defence Department".
61 Paragraph 24A(1)(b)
Omit "Department of Defence", substitute "Defence Department".
62 Paragraphs 32A(1)(d) and (5)(b)
Omit "Department of Defence", substitute "Defence Department".
Intelligence Services Act 2001
63 Section 3
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Defence Minister.
64 Section 3 (definition of DIGO )
Omit "Department of Defence", substitute "Defence Department".
65 Section 3 (definition of DIO )
Omit "Department of Defence", substitute "Defence Department".
66 Section 3 (definition of DSD )
Omit "Department of Defence", substitute "Defence Department".
International Arbitration Act 1974
67 Subsection 3(1)
Insert:
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
68 Subsections 10(1) and 10A(1) and (5)
Omit "Department of Foreign Affairs", substitute "Foreign Affairs Department".
Note: The heading to section 10A is altered by omitting " Department of Foreign Affairs and Trade " and substituting " Foreign Affairs Department ".
69 Subsection 4(1) (definition of Secretary )
Omit "Department of Health", substitute "Department administered by the Health Minister" .
70 Subsection 4(1)
Insert:
"Health Department" means the Department administered by the Health Minister.
71 Subsection 4(1) ( paragraph ( a) of the definition of Secretary )
Omit "Department of Health", substitute "Health Department".
72 Subsection 4(1) ( subparagraph ( c)(i) of the definition of Secretary )
Omit "Department of Health", substitute "Health Department".
73 Subsection 4(1)
Insert:
"Veterans' Affairs Department" means the Department administered by the Veterans' Affairs Minister.
74 Paragraph 99YBC(2)(b)
Omit "Department of Health and Ageing", substitute "Health Department".
75 Paragraph 135A(6)(e)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
76 Paragraph 135A(7)(h)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
77 Paragraph 135A(9)(b)
Omit "Department of Veterans' Affairs", substitute "Veterans' Affairs Department".
78 Section 139C
Omit "Department of Health and Aged Care", substitute "Health Department".
Natural Heritage Trust of Australia Act 1997
79 Paragraphs 46(1)(a) and (b)
Omit "Department of Primary Industries and Energy", substitute "Agriculture Department".
80 Section 54
Insert:
"Agriculture Department" means the Department administered by the Agriculture Minister.
Parliamentary Contributory Superannuation Act 1948
81 Subsection 4(1)
Insert:
"Finance Department" means the Department administered by the Finance Minister.
82 Subsection 8(5)
Omit "Department of Finance" (wherever occurring), substitute "Finance Department".
83 Subsections 14(2) and (3)
Omit "Department of Finance", substitute "Finance Department".
84 Subsection 18A(1)
Omit "Department of Finance and Administration", substitute "Finance Department".
85 Subsections 18B(3) and (3A)
Omit "Department of Finance", substitute "Finance Department".
86 Subsections 19AAA(1) and 19ABA(1)
Omit "Department of Finance and Administration", substitute "Finance Department".
87 Subsections 19A(6) and 20(2A) and (2B)
Omit "Department of Finance", substitute "Finance Department".
Public Order (Protection of Persons and Property) Act 1971
88 Subsection 4(1)
Insert:
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
89 Paragraph 21(2)(a)
Omit "Department of Foreign Affairs", substitute "Foreign Affairs Department".
90 Section 5
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
91 Section 24
Omit "Department of Defence" ( wherever occurring), substitute "Defence Department".
92 Subsections 26(1) and (2)
Omit "Department of Defence", substitute "Defence Department".
93 Paragraph 283(d)
Omit "Department of Defence", substitute "Defence Department".
Referendum (Machinery Provisions) Act 1984
94 Subsection 3(1)
Insert:
"Immigration Department" means the Department administered by the Minister administering the Migration Act 1958 .
Safety, Rehabilitation and Compensation Act 1988
95 Subsection 4(1)
Insert:
"Defence Department" has the meaning given by the MRCA.
96 Paragraph 54(4)(a)
Omit "Department of Defence", substitute "Defence Department".
97 Section 141 (definition of Defence Department )
Repeal the definition.
Note: This item repeals a redundant definition.
Small Superannuation Accounts Act 1995
98 Section 4
Insert:
"Finance Department" means the Department administered by the Finance Minister.
99 Section 92
Omit "Department of Finance", substitute "Finance Department".
Snowy Mountains Engineering Corporation Limited Sale Act 1993
100 Subsection 3(1)
Insert:
"Finance Department" means the Department administered by the Finance Minister.
101 Subsection 38(4) ( paragraph ( b) of the definition of authorised person )
Omit "Department of Finance", substitute "Finance Department".
Social Security (Administration) Act 1999
102 Subsection 127(3)
Omit "Department of Agriculture, Fisheries and Forestry", substitute "Agriculture Department".
103 Paragraphs 129(4)(d) and 144(c)
Omit "Department of Agriculture, Fisheries and Forestry", substitute "Agriculture Department".
104 Subclause 1(1) of Schedule 1
Insert:
"Agriculture Department" means the Department administered by the Agriculture Minister.
Superannuation (Productivity Benefit) Act 1988
105 Subsection 3(1)
Insert:
"Finance Department" means the Department administered by the Minister administering the Financial Management and Accountability Act 1997 .
106 Section 9C
Omit "Department of Finance", substitute "Finance Department".
107 Section 7
Insert:
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
108 Subsection 45(3) ( paragraph ( a) of the definition of defence organisation )
Omit "Department of Defence", substitute "Defence Department".
109 Subsection 45(3) ( subparagraph ( c)(i) of the definition of defence organisation )
Omit "Department of Defence", substitute "Defence Department".
110 Subsection 90(2) ( paragraph ( a) of the definition of defence organisation )
Omit "Department of Defence", substitute "Defence Department".
111 Subsection 90(2) ( subparagraph ( c)(i) of the definition of defence organisation )
Omit "Department of Defence", substitute "Defence Department".
112 Paragraphs 334(a), 335(1)(a) and 338(4)(a)
Omit "Department of Defence", substitute "Defence Department".
113 Subsection 347(1)
Omit "Department of Defence", substitute "Defence Department".
114 Clause 2 of Schedule 3 ( paragraph ( a) of the definition of defence organisation )
Omit "Department of Defence", substitute "Defence Department".
115 Clause 2 of Schedule 3 ( subparagraph ( c)(i) of the definition of defence organisation )
Omit "Department of Defence", substitute "Defence Department".
116 Section 3
Insert:
"Finance Department" means the Department administered by the Minister administering the Financial Management and Accountability Act 1997 .
117 Section 3
Insert:
"Transport Department" means the Department administered by the Transport Minister.
118 Paragraphs 8BB(2)(a) and (b) and 8CB(2)(a) and (b)
Omit "Department of Finance", substitute "Finance Department".
119 Paragraph 70(1)(a)
Omit "Department of Transport and Regional Services", substitute "Transport Department".
Part 2 -- Parliamentary Departments
A New Tax System (Australian Business Number) Act 1999
120 Section 41 ( paragraph ( b) of the definition of government entity )
After "Parliament", insert "established under the Parliamentary Service Act 1999 ".
A New Tax System (Goods and Services Tax) Act 1999
121 Paragraph 72 - 95(b)
After "Parliament", insert "established under the Parliamentary Service Act 1999 ".
Australian Communications and Media Authority Act 2005
122 Subsection 55(2) ( paragraph ( a) of the definition of authority of the Commonwealth )
Omit "Department of the Parliament, or a prescribed agency", substitute "Parliamentary Department, or a prescribed agency,".
Commonwealth Electoral Act 1918
123 Subsection 311A(4) ( paragraph ( b) of the definition of Commonwealth Department )
After "Parliament", insert "established under the Parliamentary Service Act 1999 ".
Commonwealth Volunteers Protection Act 2003
124 Subsection 4(1) ( paragraph ( b) of the definition of Commonwealth )
After "Parliament", insert "established under the Parliamentary Service Act 1999 " .
Financial Management and Accountability Act 1997
125 Section 5 ( paragraph ( b) of the definition of Agency )
Omit "Department of the Parliament", substitute "Parliamentary Department".
126 Section 5
Insert:
"Parliamentary Department" means a Department of the Parliament established under the Parliamentary Service Act 1999 .
127 Subsection 32(5)
Omit "Departments of the Parliament", substitute "Parliamentary Departments".
Note: The heading to subsection 32(5) is altered by omitting " Departments of the Parliament " and substituting " Parliamentary Departments ".
128 Subsection 36(1)
Omit "Department of the Parliament", substitute "Parliamentary Department".
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
129 Subsection 3(1) ( paragraph ( b) of the definition of Department )
After "Parliament", insert "established under the Parliamentary Service Act 1999 ".
130 Subsection 3(1) (definition of Parliamentary Department )
Repeal the definition, substitute:
"Parliamentary Department" means a Department of the Parliament established under the Parliamentary Service Act 1999 .
131 Section 6 ( paragraph ( b) of the definition of Commonwealth agency )
After "Parliament", insert "established under the Parliamentary Service Act 1999 " .
132 Subsection 3C(2) ( at the end of paragraph ( b) of the definition of Department )
Add "established under the Parliamentary Service Act 1999 ".
133 Subsection 3AA(2) ( at the end of paragraph ( b) of the definition of Department )
Add "established under the Parliamentary Service Act 1999 ".
134 Section 4 ( at the end of the definition of Parliamentary Department )
Add "established under the Parliamentary Service Act 1999 ".
Superannuation Guarantee (Administration) Act 1992
135 Subsection 5(5) ( paragraph ( b) of the definition of Commonwealth Department )
After "Parliament", insert "established under the Parliamentary Service Act 1999 ".
Superannuation (Productivity Benefit) Act 1988
136 Subsection 3(1) ( at the end of paragraph ( b) of the definition of Department )
Add "established under the Parliamentary Service Act 1999 ".
137 Paragraph 471(2)(b)
After "Parliament", insert "established under the Parliamentary Service Act 1999 ".
Part 3 -- Transitional, saving and application provisions
138 Transitional--amendments do not affect things done
Things done under amended provisions
(1) Subitem ( 2) applies to a thing done under a provision of an Act if:
(a) the provision is amended by an item of this Schedule; and
(b) the thing was in force immediately before the commencement of that item.
(2) The thing has effect, on and after the commencement of that item, as if it had been done under that provision as amended by that item. However, this is not taken to change the time at which the thing was actually done.
Amendments do not affect requirements for things done
(3) Subitem ( 4) applies to a thing done under an Act if:
(a) the thing was in force, and complied with a requirement of that Act, immediately before the commencement of an item of this Schedule; and
(b) immediately after the commencement of that item, the thing fails to comply with that requirement solely because of the amendments of that Act made by that item.
(4) Disregard those amendments when considering, on and after the commencement of that item, whether the thing complies with that requirement.
Meaning of things done
(5) In this item, doing a thing includes:
(a) making an instrument; and
(b) making a decision.
139 Regulations may deal with transitional etc. matters
The Governor - General may make regulations dealing with matters of a transitional, saving or application nature relating to the amendments or repeals made by this Schedule.