Document ID: chunk:federal_register_of_legislation:C2023C00324:clause:2_19b:p1
Version: federal_register_of_legislation:C2023C00324
Segment Type: clause
Provision Reference: sch 2 cl 19B (pt 1/2)
Character Range: 139037–141803

19B  Machinery of government—substituted reference orders

Scope
 (1) This section applies if:
 (a) a provision of an Act refers to an authority (see subsection (7)); and
 (b) any of the following happens:
 (i) the authority is abolished;
 (ii) the name or title of the authority is changed;
 (iii) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;
 (iv) the reference to the authority becomes no longer appropriate for any other reason.

Substituted reference orders—Ministers, Departments, Agencies and offices
 (2) The Governor‑General may make a substituted reference order directing that the provision is to have effect for all purposes, on and after a day specified in the order:
 (a) as if there were substituted, for the reference to the authority mentioned in subsection (1), a reference to another specified authority (or authorities); or
 (b) as if, in so far as the provision applies in a particular respect specified in the order, there were substituted, for the reference to the authority mentioned in subsection (1), a reference to another specified authority (or authorities).
Note: A substituted reference order may be amended or revoked in the same way as it is made (see subsection 33(3)).
 (3) The day specified in the order (as the day on and after which the order is to have effect) may be a day before the order is made.
 (4) A substituted reference order has effect according to its terms.
Note: The order has effect for the purpose of the making of any subsequent order under this section.
 (5) A substituted reference order is a legislative instrument.

Authority abolished and another established with the same name
 (6) A substituted reference order must not be made only because an authority is abolished, and, immediately after its abolition, another authority of the same type, with the same name, is established.
Note: However, a substituted reference order may be made if either of the following happens in relation to the authority;
(a) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order (see subparagraph (1)(b)(iii));
(b) a reference to the authority becomes no longer appropriate for any other reason (see subparagraph (1)(b)(iv)).

Definition of authority
 (7) In this section:
authority means any of the following:
 (a) a Minister;
 (b) a Department of State of the Commonwealth;
 (c) any other Agency within the meaning of the Public Service Act 1999;
 (d) an office (including an APS employee's office and any other appointment or position), or the holder of an office.
Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary