Amending forms manual Fourteenth edition September 2018 Note: This manual does not the forms to be used for amendments of Schedules 1 to 3 and 5 to the Customs Tariff Act 1995 or the Schedule to the Excise Tariff Act 1921. The Customs Tariff Amending Forms Manual contains the forms to be used for amendments of the Schedule to the Customs Tariff Act 1995. trial
Order and grouping of amendments There are various ways of grouping amending items in an amending Bill or instrument. These include: A single amending Schedule that amends only one Act or instrument, with the items arranged according to the order of the amended provisions. A single amending Schedule that amends several Acts or instruments. The amended Acts or instruments are in alphabetical and the items for each amended Act or instrument are in the order of the amended provisions. Several amending Schedules that amend one or more Acts or instruments, grouped according to the subject matter of the amendments or by commencement dates. Care should be taken if the same provision of a principal Act or instrument is being amended for different purposes and the amendments are to commence on the same day. In this case, the amendments should generally be expressed to commence in sequence, with each amendment in the sequence commencing immediately after the previous one. Consequential amendments arising from new principal Act or instrument The enactment of a new principal Act or instrument can result in consequential amendments having to be made to other Acts or instruments. If a new principal Act is to be enacted, any consequential amendments, together with any application, saving or transitional provisions that are required, are usually included in a separate Bill. Any consequential repeals of other Acts are also included in the separate Bill. The approval of First Parliamentary Counsel is required to include consequential amendments or repeals in a Bill for a new principal Act. If a new principal instrument is to be made: Any consequential amendments that are required should be included in a separate amending instrument. The approval of the head drafter is required to include any consequential amendments in a new principal instrument. Any application, saving or transitional provisions that are required should be included in a separate Part or Chapter at the end of the new principal instrument. Any consequential repeals of other instruments that are required should be included in an amending Schedule to the new principal instrument, unless there is another instrument including consequential amendments, in which case any consequential repeals should be included in a separate Schedule or Part to that instrument. If a repeal is included in an amending Schedule to a new principal instrument, the activating section set out above must also be included in the new principal instrument.
16 Omitting words from a definition 777 Subsection 4(1) (definition of staff member) Omit “or officer”. 777 Subsection 4(1) (paragraph (a) of the definition of staff member) Omit “or officer”. 17 Omitting words from a penalty or note 777 Subsection 93(3) (penalty) Omit “or imprisonment for 2 or both”. 777 Subsection 62(1) (note 2) Omit “or Part 7”. 777 Subsection 5(1) (note to the definition of Model Law) Omit “Internet site”. 777 Schedule 5 (note to Schedule heading) Omit “section 87,”. 18 Omitting words from a table 777 Subsection 93(3) (table) Omit “the parent or”. 777 Subsection 93(3) item 6) Omit “the parent or”. 18A Omitting from the heading to a Chapter, Part, Division, Subdivision or section (or equivalent unit) 777 Chapter 7 (heading) Omit “and other matters”. 18B Omitting words from the heading to a subsection (or equivalent unit) 777 Subsection 7(7) (heading) Omit “and other matters”. 19 Omitting a long sequence of words 777 Subsection 28(1) Omit all the words from and including “or the member” to and including “consents”. 20 Omitting words at the end of a section or subsection (or equivalent unit) 777 Section 28 Omit all the words after “the Board”. 777 Section 28
777 Before clause 201 of Schedule 3 Insert: [text of new clause(s)] [This form is used for inserting clauses or sections at the beginning of Schedules, Parts, Divisions etc.] 74 Inserting a subsection (or equivalent unit) 777 After subsection 200(2) Insert: [text of new subsection(s)] 777 Before subclause 200(1) of Schedule 3 Insert: [text of new subclause(s)] [This form is only used for inserting subsections at the beginning of sections, subclauses at the beginning of clauses etc.] 777 After the heading to subsection 10(2) Insert: (1A) Subsection (1) does not apply if: (a) the supply is not the provision of access to DSGL technology; and (b) the supply is made orally. Note: A defendant an evidential burden in relation to the matter in subsection (1A): see subsection 13.3(3) of the Criminal Code. [This form is to be used to insert a subsection between an existing subsection and its heading] 777 After subsection 200(2) (before the note) Insert: [text of new subsection] [This form is to be used if you are inserting a subsection the last subsection in the section, but before a note, and it is not clear whether the note belongs to the section as a whole or to the last subsection only.] 777 Section 53 (before the note) Insert: [text of new subsection(s)] [This form can be used to insert one or more subsections into a section that has a note at its foot but is not divided into subsections. The existing text would need to be numbered as subsection (1).]
81 Inserting words in a paragraph, subparagraph or subsubparagraph 777 Paragraph 72(1)(b) “subsection (3)”, insert “or paragraph (5)(b)”. 777 Subparagraph 72(1)(b)(ii) After “subsection (3)”, insert “or paragraph (5)(b)”. 777 Subsection 4(1) (paragraph (a) of the definition of staff member) Before “an”, insert “employee or”. 82 Inserting words in a note 777 Subsection 62(1) (note) After “Part 7”, insert “or 7A”. 777 Subclause 62(1) of the Schedule (note) “Part 7”, insert “or 7A”. 777 Subsection 6(1) (note to the definition of Law) After “Part 7”, insert “or 7A”. 82A Inserting words in the heading to a Chapter, Part, Division, Subdivision or section (or equivalent unit) 777 Chapter 7 (heading) After “Transitional”, insert “and application”. 82B Inserting in the heading to a subsection (or equivalent unit) 777 Subsection 7(7) (heading) After “Transitional”, insert “and application”. 83 Single amendment of several provisions 777 Subsections 200(2), (5) and (9) After “Minister”, insert “or Secretary”. 84 Multiple amendment of single provisions 777 Subsection 200(3) “member” (wherever occurring), insert “or officer”. 85 Inserting after specific occurrences of words in a single provision 777 Subsection 200(1) After “Chairperson” (first occurring), insert “or Deputy Chairperson”. 777 Subsection 200(1) After “fulltime” (second and third occurring), insert “or parttime”. 777 Paragraph 200(7)(c) of Schedule 3
Examples of extent of description in the “action” part (~) Clause 23, page 12 (lines 3 to 5), omit paragraph (4)(a). (~) Schedule 3, item 6, page 12 3 and 4), omit the definition of dog. (~) Schedule 3, item 6, page 12 (lines 2 to 24), omit Division 3, substitute: (~) Clause 6, page 12 (line 3), omit “dog or”. [No additional description is used. The same form is used irrespective of the part of the clause in which the words occur e.g. in a subclause, in a paragraph of a definition etc.] Special Senate wording in the “action” part Normally, the word “omit” is used in the action part to indicate that text is to be removed. However, for some Senate amendments that involve removal of text without substitution, a “to be opposed” form must be used instead. This form applies where the removed text is: one or more clauses, or proposed sections; one or more Subdivisions, Divisions, Parts, Chapters or Schedules (i.e. a grouping of clauses, items or proposed sections); a preamble. There are 2 forms, depending on whether the removed text is a primary unit: Example where removed text is a primary unit (~) Clause 66, page 99 5 and 6), to be opposed. Example in cases (~) Schedule 2, item 777, page 99 (line 15) to page 100 (line 20), section 346AB to be opposed. Use of “the” in descriptions The amending forms should generally use the word “the”, rather than omitting it for greater brevity. For example, “at the end of the section” is used rather than the abbreviated form “at end of section”. Use of “proposed” The word “proposed” is not to be used in an amendment to distinguish between substantive text of the Bill and text that the Bill proposes to insert in a Principal Act. Use of commas In the “action” part of the amendment forms, the word “insert”, “add” or “substitute” is always preceded by a comma (even though it is not grammatically necessary in all cases).