{"id":"F2019L00933","name":"Acts Interpretation Amendment Substituted Reference Order 2019","slug":"acts-interpretation-amendment-substituted-reference-order-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440165,"registerId":"F2019L00933-fast-fetch-1775955900310","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Acts Interpretation Amendment Substituted Reference Order 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nActs Interpretation Amendment Substituted Reference Order 2019\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following substituted reference order.\n\nDated 27 June 2019\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristian Porter\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\nSchedule 1—Amendments\n\nPart 1—Substitutions having effect on and after 29 May 2019\n\nActs Interpretation Substituted Reference Order 2017\n\nPart 2—Substitutions having effect on and after 1 July 2019\n\nActs Interpretation Substituted Reference Order 2017\n\nPart 3—Other amendments\n\nActs Interpretation Substituted Reference Order 2017\n\n \n\n1  Name\n\n  This instrument is the Acts Interpretation Amendment Substituted Reference Order 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument 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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 29 June 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 19B of the Acts Interpretation Act 1901.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\nSchedule 1—Amendments\n\nPart 1—Substitutions having effect on and after 29 May 2019\n\nActs Interpretation Substituted Reference Order 2017\n\n1  At the end of Part 2\n\nAdd:\n\n2.5  Substitutions having effect on and after 29 May 2019\n\n  The following table sets out substitutions having effect on and after 29 May 2019 that affect provisions of a single Act or instrument that refer to Ministers.\n\n \n\n- Substitutions having effect on and after 29 May 2019—references to Ministers in a single Act or instrument\n- Column 1Affected provisions Column 2Existing reference Column 3Substitute reference\n- 1 Migration Regulations 1994, regulation 1.03 (definition of Employment Minister) Minister administering the Fair Entitlements Guarantee Act 2012 Minister responsible for employment policy, including employment services\n- 2 Social Security (Administration) Act 1999, subsection 243A(4) (definition of Employment Minister) Minister administering the Fair Entitlements Guarantee Act 2012 Minister responsible for employment policy, including employment services\n\n\n \n\n2  At the end of Part 3\n\nAdd:\n\n3.5  Substitutions having effect on and after 29 May 2019\n\n  The following table sets out substitutions having effect on and after 29 May 2019 that affect provisions of a single Act or instrument that refer to Departments.\n\n \n\n- Substitutions having effect on and after 29 May 2019—references to Departments in a single Act or instrument\n- Column 1Affected provisions Column 2Existing reference Column 3Substitute reference\n- 1 Social Security Act 1991, subsection 23(1) (definition of Employment Department) Department administered by the Minister administering the Fair Entitlements Guarantee Act 2012 Department responsible for employment policy, including employment services\n\n\n \n\n3  Section 4.1\n\nOmit all the words after “mentioned in the heading”, substitute:\n\n  to that table, as if:\n\n (a) unless paragraph (b) applies—there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item; or\n\n (b) in so far as the provision applies in a particular respect specified in column 1 of the item—there were substituted for that reference a reference to the authority, or authorities, mentioned in column 3 of the item\n\n4  At the end of Part 4\n\nAdd:\n\n4.4  Substitutions having effect on and after 29 May 2019\n\n  The following table sets out substitutions having effect on and after 29 May 2019 that affect provisions of a single Act or instrument that refer to Secretaries.\n\n \n\n- Substitutions having effect on and after 29 May 2019—references to Secretaries in a single Act or instrument\n- Column 1Affected provisions Column 2Existing reference Column 3Substitute reference\n- 1 Income Tax Assessment Act 1936, subsections 202CB(6) and 202CE(7) Secretary of the Department administered by the Minister administering the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 Secretary of the Department responsible for employment policy, including employment services\n- 2 Taxation Administration Act 1953, item 4 of Table 1 in subsection 355‑65(2) in Schedule 1 in so far as that provision applies in respect of the administration of the Fair Entitlements Guarantee Act 2012 Secretary of the Department administered by the Minister administering the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 Secretary of the Department administered by the Minister administering the Fair Entitlements Guarantee Act 2012\n- 3 Taxation Administration Act 1953, item 4 of Table 1 in subsection 355‑65(2) in Schedule 1 in so far as that provision applies other than in respect of the administration of the Fair Entitlements Guarantee Act 2012 Secretary of the Department administered by the Minister administering the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 Secretary of the Department responsible for employment policy, including employment services\n\n\nNote: The references set out in column 2 of the table appear as textual references to “Employment Secretary”, which are applications of the definition of Employment Secretary in the Income Tax Assessment Act 1997.\n\n5  Application of amendment\n\nWithout limiting item 3, the amendment made by item 3 applies in relation to the substitutions described in section 4.4 of the Acts Interpretation Substituted Reference Order 2017 that have effect on and after 29 May 2019.\n\nPart 2—Substitutions having effect on and after 1 July 2019\n\nActs Interpretation Substituted Reference Order 2017\n\n6  At the end of Part 3\n\nAdd:\n\n3.6  Substitutions having effect on and after 1 July 2019\n\n  The following table sets out substitutions having effect on and after 1 July 2019 that affect provisions of a single Act or instrument that refer to Departments.\n\n \n\n- Substitutions having effect on and after 1 July 2019—references to Departments in a single Act or instrument\n- Column 1Affected provisions Column 2Existing reference Column 3Substitute reference\n- 1 Aboriginal and Torres Strait Islander Act 2005, subsection 191(2B) Department National Indigenous Australians Agency\n- 2 Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018, section 4 (definition of Indigenous Affairs Department) Department administered by the Indigenous Affairs Minister National Indigenous Australians Agency\n- 3 Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987, paragraph 5(1)(b) Department National Indigenous Australians Agency\n- 4 Aboriginal Land Rights (Northern Territory) Act 1976:(a) paragraph 23E(3)(b);(b) subsections 70E(16) and 70F(13);(c) subsection 76(1) Department National Indigenous Australians Agency\n- 5 Corporations (Aboriginal and Torres Strait Islander) Act 2006:(a) section 1‑30;(b) paragraphs 447‑1(1)(a), 668‑1(1)(b) and 668‑5(1)(a) Department National Indigenous Australians Agency\n- 6 Corporations (Aboriginal and Torres Strait Islander) Regulations 2017, paragraph 54(1)(a) each Department of State that is responsible for general policy on Aboriginal and Torres Strait Islander affairs the National Indigenous Australians Agency\n- 7 Higher Education Support (Indigenous Student Assistance Grants) (Special Grants) Notifiable Instrument 2018, section 4 (definition of administering officer) Department administered by the Minister administering Part 2‑2A of the Act National Indigenous Australians Agency\n- 8 Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2018, section 4 (definition of administering officer) Department administered by the Minister administering Part 2‑2A of the Act National Indigenous Australians Agency\n- 9 Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 2) 2018, section 4 (definition of administering officer) Department administered by the Minister administering Part 2‑2A of the Act National Indigenous Australians Agency\n- 10 Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination (No. 3) 2018, section 4 (definition of administering officer) Department administered by the Minister administering Part 2‑2A of the Act National Indigenous Australians Agency\n- 11 Higher Education Support (Indigenous Student Success Program) (Rollover of Grant Amounts) Determination 2019, section 4 (definition of administering officer) Department administered by the Minister administering Part 2‑2A of the Act National Indigenous Australians Agency\n- 12 Indigenous Education (Targeted Assistance) Act 2000, paragraph 17(b) Department National Indigenous Australians Agency\n- 13 Indigenous Student Assistance Grants Guidelines 2017, section 4 (definition of administering officer) Department administered by the Minister administering Part 2‑2A of the Act National Indigenous Australians Agency\n- 14 Native Title Act 1993:(a) subsection 203AD(3C);(b) paragraphs 203AE(7)(d) and 203AH(4)(d) Department National Indigenous Australians Agency\n- 15 Stronger Futures in the Northern Territory Act 2012:(a) section 69;(b) paragraph 112(1)(b);(c) subsection 112(2) Department National Indigenous Australians Agency\n\n\n \n\n7  At the end of Part 4\n\nAdd:\n\n4.5  Substitutions having effect on and after 1 July 2019\n\n  The following table sets out substitutions having effect on and after 1 July 2019 that affect provisions of a single Act or instrument that refer to Secretaries.\n\n \n\n- Substitutions having effect on and after 1 July 2019—references to Secretaries in a single Act or instrument\n- Column 1Affected provisions Column 2Existing reference Column 3Substitute reference\n- 1 Aboriginal and Torres Strait Islander Act 2005:(a) subsection 191(2B);(b) paragraph 200C(1)(a) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 2 Aboriginal and Torres Strait Islander Commission Amendment Act 2005:(a) subitem 191(1) of Schedule 1 (definitions of authorised officer and Secretary);(b) item 47 of Schedule 3 (definitions of authorised officer and Secretary) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 3 Aboriginal and Torres Strait Islander Land and Sea Future Fund Act 2018:(a) subsection 20(3);(b) paragraph 54(1)(a) Secretary of the Indigenous Affairs Department Chief Executive Officer of the National Indigenous Australians Agency\n- 4 Aboriginal Land Rights (Northern Territory) Act 1976:(a) section 20P;(b) subsections 64B(1), (4) and 76(1) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 5 Aboriginal Land Rights (Northern Territory) Act 1976, paragraph 23E(3)(b) Secretary of the Department that deals with matters arising under this Act Chief Executive Officer of the National Indigenous Australians Agency\n- 6 Aboriginal Land Rights (Northern Territory) Act 1976, paragraph 23E(3)(b) Secretary of that Department Chief Executive Officer of the National Indigenous Australians Agency\n- 7 Classification (Publications, Films and Computer Games) Act 1995, section 99 (definition of Indigenous Affairs Secretary) Secretary of the Department administered by the Minister who administers the Aboriginal Land Rights (Northern Territory) Act 1976 Chief Executive Officer of the National Indigenous Australians Agency\n- 8 Corporations (Aboriginal and Torres Strait Islander) Act 2006, section 673‑1 Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 9 Each provision of the Higher Education Support Act 2003, or of an instrument made under that Act, that refers to the Secretary of the Department in so far as the provision applies in respect of grants to higher education providers for Indigenous persons Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 10 Indigenous Education (Targeted Assistance) Act 2000:(a) paragraph 11B(1)(c);(b) section 11C;(c) paragraph 17(a) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 11 Native Title Act 1993:(a) section 94P;(b) Part 11 Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 12 Native Title Act 1993, Part 11 Secretary Chief Executive Officer of the National Indigenous Australians Agency\n- 13 Native Title (Prescribed Bodies Corporate) Regulations 1999, subregulations 22(2) and 25(2) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 14 Native Title (Tribunal) Regulations 1993, subparagraph 8(aa)(ii) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n- 15 Stronger Futures in the Northern Territory Act 2012:(a) section 5 (definition of Secretary);(b) paragraph 112(1)(a) Secretary of the Department Chief Executive Officer of the National Indigenous Australians Agency\n\n\nNote: The reference set out in column 2 of item 9 of the table will include textual references to “Secretary” where those textual references are applications of the definition of Secretary in the Dictionary to the Higher Education Support Act 2003.\n\nPart 3—Other amendments\n\nActs Interpretation Substituted Reference Order 2017\n\n8  Section 1.5 (definition of Home Affairs transition day)\n\nRepeal the definition.\n\n9  Amendments of listed provisions—having effect on and after\n\nOmit “made on” and substitute “having effect on and after” in the following provisions:\n\n (a) section 2.2 (heading);\n\n (b) section 2.2;\n\n (c) section 2.2 (table heading);\n\n (d) section 2.3 (heading);\n\n (e) subsection 2.3(1);\n\n (f) subsection 2.3(1) (table heading);\n\n (g) subsection 2.3(2);\n\n (h) subsection 2.3(2) (table heading);\n\n (i) section 3.2 (heading);\n\n (j) section 3.2;\n\n (k) section 3.2 (table heading);\n\n (l) section 3.3 (heading);\n\n (m) section 3.3;\n\n (n) section 3.3 (table heading);\n\n (o) section 4.2 (heading);\n\n (p) section 4.2;\n\n (q) section 4.2 (table heading).\n\n10  Amendments of listed provisions—having effect on and after 21 December 2017\n\nOmit “made on the Home Affairs transition day” and substitute “having effect on and after 21 December 2017” in the following provisions:\n\n (a) section 2.4 (heading);\n\n (b) subsection 2.4(1);\n\n (c) subsection 2.4(1) (table heading);\n\n (d) subsection 2.4(2);\n\n (e) subsection 2.4(2) (table heading);\n\n (f) section 3.4 (heading);\n\n (g) subsection 3.4(1);\n\n (h) subsection 3.4(1) (table heading);\n\n (i) subsection 3.4(2);\n\n (j) subsection 3.4(2) (table heading);\n\n (k) section 4.3 (heading);\n\n (l) subsection 4.3(1);\n\n (m) subsection 4.3(1) (table heading);\n\n (n) subsection 4.3(2);\n\n (o) subsection 4.3(2) (table heading).\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains strictly within its original purpose of updating administrative references following machinery of government changes. The 2019 Order continues the pattern established in the 2017 Order (and subsequent amendments) of substituting ministerial, departmental and secretary references. While the volume of substitutions for Indigenous Affairs is substantial, this reflects the creation of the NIAA as a new executive agency — a significant administrative event — rather than scope creep. The employment portfolio changes similarly respond to specific ministerial reshuffles. The instrument does not expand into substantive policy amendments or create new regulatory schemes."},"complexity_factors":["Heavy cross-referencing: Amends the Acts Interpretation Substituted Reference Order 2017, which itself modifies how other statutes are read","Temporal layering: Different substitutions take effect on different dates (29 May 2019 vs 1 July 2019) requiring careful tracking","Conditional application: Some substitutions only apply 'in so far as' a provision relates to specific subject matter (e.g., Fair Entitlements Guarantee Act 2012 vs other matters)","Fragmented amendments: Item 9 alone lists 17 separate provisions requiring identical textual substitutions","Nested definitions: References often chain through multiple layers (e.g., 'Secretary of the Department administered by the Minister administering the Fair Work (State Referral...) Act 2009')","Extensive tabular structure: 15+ separate tables across Parts 1-2 with tripartite columns (affected provision / existing reference / substitute reference)","Partial textual substitution logic in item 3: Creates a bifurcated substitution rule with paragraph (a) general rule and paragraph (b) specific respect limitation"],"plain_english_summary":"This bill updates a 2017 substituted-reference order so dozens of old departmental and ministerial names in existing laws now point to the right contemporary offices. Most notably it replaces references to the former Indigenous Affairs group in the PM&C with the new National Indigenous Australians Agency and adjusts employment‑portfolio references after ministerial reshuffles. \n\nIt matters because it keeps native title, land‑rights, education grants, employment entitlements and other programs legally operable when the machinery of government is reorganised."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not change the substantive scope of powers or duties; it substitutes which named authority is referenced in selected provisions of existing laws (see Schedule 1 Parts 1–3). Who pays: the affected agencies and departments will meet the administrative cost of updating internal documents and operational references (see Schedule 1 tables). Compliance burden: primarily administrative and drafting work to align instruments and guidance; no new statutory obligations are imposed. Discretion: the Order remaps textual references and relies on the interpretive power in s.19B Acts Interpretation Act 1901 (clause 3) rather than conferring new decision‑making discretion."},"complexity_factors":["Many discrete substitutions across multiple Acts and instruments (see Schedule 1 Parts 1–2: tables of substituted references to Ministers, Departments and Secretaries).","Staggered commencement and retrospective-effect language: the instrument (clause 2) and Schedule 1 specify substitutions that take effect on and after 29 May 2019 and 1 July 2019, adding timing complexity for administrators.","Cross‑statute ripple effects: mapping numerous provisions to the National Indigenous Australians Agency or a differently‑described employment minister/department requires coordinated updates in substantive Acts (examples listed in Schedule 1 items 6–7).","Technical amendment to interpretation rules: item 3 replaces wording in section 4.1 governing how table substitutions are read, which affects how each substitution operates in context.","Mixed treatment of textual references and defined‑term applications (note in Schedule 1 items referencing textual occurrences vs. dictionary definitions), increasing drafting and application nuance.","Instrument made under s.19B of the Acts Interpretation Act 1901 (clause 3), so its effect depends on interpretation rules rather than creating standalone policy—users must trace interpretive operation back to that authority."],"plain_english_summary":"This instrument updates the Acts Interpretation Substituted Reference Order 2017 by replacing named references to Ministers, Departments and Secretaries in specified laws with new textual references (for example, mapping many Indigenous matters to the National Indigenous Australians Agency and some employment references to the Minister responsible for employment policy). It affects agencies, officials and any statute that refers to those named roles because the statutory label of the authority changes; the amendments are textual and administrative rather than creating new substantive powers."}},"importantCases":[],"_links":{"self":"/api/acts/acts-interpretation-amendment-substituted-reference-order-2019","history":"/api/acts/acts-interpretation-amendment-substituted-reference-order-2019/history","analysis":"/api/acts/acts-interpretation-amendment-substituted-reference-order-2019/analysis","conflicts":"/api/acts/acts-interpretation-amendment-substituted-reference-order-2019/conflicts","importantCases":"/api/acts/acts-interpretation-amendment-substituted-reference-order-2019/important-cases","documents":"/api/acts/acts-interpretation-amendment-substituted-reference-order-2019/documents"}}