References to Departments in Acts
19A References to Departments in Acts
If a provision of an Act refers to a Department, the following table provides which Department the provision refers to in relation to a particular matter (the relevant matter) on a particular day (the relevant day).
References to Departments in Acts | ||
|---|---|---|
Item | If the provision … | then the Department is … |
1 | refers to a Department by using the expression “the Department”, without identifying the Department | the Department of State of the Commonwealth that is administered by the Minister or Ministers administering that provision in relation to the relevant matter, and that deals with that matter. |
2 | refers to a Department by title (for example, “the Attorney‑General’s Department” or “the Department of Industry”), even if that title no longer exists | (a) if, at the time the provision commenced, or the reference to the Department was inserted, the Department referred to by title was administered by the Minister or Ministers administering that provision in relation to the relevant matter—the Department identified by item 1; or (b) if paragraph (a) does not apply—the Department of State of the Commonwealth identified by the title, or by a substituted reference order under section 19B; or (c) in any case—any other Department of State of the Commonwealth that deals with the matters for which the Department mentioned in paragraph (a) or (b) (as the case may be) is responsible on the relevant day. |
3 | refers to a Department by describing a matter for which the Department is responsible (for example, “the Department responsible for the environment”) | the Department of State of the Commonwealth that deals with the relevant matter on the relevant day. |
A provision of an Act refers to “the Secretary of the Department” but does not identify which Department is referred to. Under item 1, the reference is to the Secretary of the Department administered by the Minister who administers that provision in relation to the relevant matter, and that deals with that matter, as worked out under subsection (2).
Instruments including the following, as in force on the relevant day, or any earlier day, may be used to work out which Department is identified by the table in subsection (1):
an Administrative Arrangements Order;
a substituted reference order under section 19B.
Substituted reference orders under section 19B may have effect in relation to days before the orders are made.
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