{"id":"F2008B00163","name":"Acts Interpretation (Substituted References) Order 1998","slug":"acts-interpretation-substituted-references-order-1998","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437060,"registerId":"F2008B00163-fast-fetch-1775954085635","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Acts Interpretation (Substituted References) Order 1998","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\n\nActs Interpretation (Substituted References) Order 1998\n\nI, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following order under subsections 19B (1), (2) and (3) of the Acts Interpretation Act 1901.\n\nSigned and sealed with the Great Seal of Australia on 12 November 1998.\n\nWILLIAM DEANE\n\nGovernor-General\n\nBy His Excellency’s Command,\n\nDARYL WILLIAMS\n\nAttorney-General\n\n \n\n\n\nActs Interpretation (Substituted References) Order 19981\n\nmade under the\n\nActs Interpretation Act 1901\n\n \n\n \n\nContents\n\n Page\n\n 1 Name of order 2\n\n 2 Commencement 2\n\n 3 Definition 2\n\n 4 References to Ministers 2\n\n 5 References to Departments 2\n\n 6 References to Secretaries 3\n\nSchedule 1 References to Ministers 4\n\nSchedule 2 References to Departments 9\n\nSchedule 3 References to Secretaries 12\n\n \n\n \n\n1 Name of order\n\n This order is the Acts Interpretation (Substituted References) Order 1998.\n\n2 Commencement\n\n This order commences on 12 November 1998. \n\n3 Definition\n\n In this order:\n\nprovision means a provision in an Act or in an instrument under an Act. \n\n4 References to Ministers\n\n A provision mentioned in column 4 of an item in Schedule 1, that mentions the Minister, or Ministers, mentioned in column 2 of the item, has effect as if there were substituted a reference to the Minister, or Ministers, mentioned in column 3 of the item.\n\n5 References to Departments\n\n A provision mentioned in column 4 of an item in Schedule 2, that mentions the Department mentioned in column 2 of the item, has effect as if there were substituted a reference to the Department mentioned in column 3 of the item.\n\n6 References to Secretaries\n\n A provision mentioned in column 4 of an item in Schedule 3, that mentions the Secretary mentioned in column 2 of the item, has effect as if there were substituted a reference to the Secretary mentioned in column 3 of the item.\n\nNote A provision mentioned in a Schedule to this order:\n\n(a) may have been affected by other substituted references under other orders made, under section 19B or 19BA of the Acts Interpretation Act 1901, before the commencement of this order; and\n\n(b) may, after the commencement of this order, be affected by other substituted references under other orders made under section 19B or 19BA of the Acts Interpretation Act 1901.\n\nSchedule 1 References to Ministers\n\n(section 4)\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| --- | --- | --- | --- |\n| 1 | Minister for Primary Industries and Energy
or
Minister for Resources and Energy | Minister for Industry, Science and Resources
or
Minister for Sport and Tourism | Sections 3 and 3A of the Excise Tariff Act 1921
and
Section 165A of the Excise Act 1901
and
Regulation 11 of the Customs (Prohibited Exports) Regulations |\n| | | | |\n| 2 | Minister for Primary Industries and Energy
or
Minister for Resources and Energy | Minister for Agriculture, Fisheries and Forestry
or
Minister for Forestry and Conservation | All provisions except those mentioned in item 1
|\n| | | | |\n| 3 | Minister for Justice | Attorney-General
or
Minister for Justice and Customs | All provisions
|\n| | | | |\n| 4 | Minister for Customs and Consumer Affairs
| Attorney-General
or
Minister for Justice and Customs | All provisions
|\n| | | | |\n| 5 | Minister for Communications, the Information Economy and the Arts | Minister for the Environment and Heritage | Section 159UB of the Income Tax Assessment Act 1936 |\n| | | | |\n| 6 | Minister for Communications, the Information Economy and the Arts | Minister for Communications, Information Technology and the Arts
or
Minister for the Arts and the Centenary of Federation | All provisions except the provision mentioned in item 5 |\n| | | | |\n| 7 | Minister for Employment, Education, Training and Youth Affairs
or
Minister for Schools, Vocational Education and Training | Minister for Employment, Workplace Relations and Small Business
or
Minister for Employment Services | Section 55 of the Construction Industry Reform and Development Act 1992
|\n| | | | |\n| 8 | Minister for Employment, Education, Training and Youth Affairs | Minister for Employment, Workplace Relations and Small Business
or
Minister for Employment Services
or
Minister for Education, Training and Youth Affairs | Provisions of the Migration Act 1958
and
Provisions of the Migration Regulations
|\n| | | | |\n| 9 | Minister for Employment, Education, Training and Youth Affairs
or
Minister for Schools, Vocational Education and Training | Minister for Education, Training and Youth Affairs | All provisions except those mentioned in items 7 and 8 |\n| | | | |\n| 10 | Minister for Workplace Relations and Small Business
| Minister for Employment, Workplace Relations and Small Business
or
Minister for Employment Services | All provisions |\n| | | | |\n| 11 | Minister for the Environment | Minister for the Environment and Heritage | All provisions |\n| | | | |\n| 12 | Minister for Defence Industry, Science and Personnel | Minister for Defence
or
Minister for Veterans’ Affairs | All provisions |\n| | | | |\n| 13 | Minister for Social Security | Minister for Family and Community Services
or
Minister for Community Services | All provisions |\n| | | | |\n| 14 | Minister for Health and Family Services
or
Minister for Family Services | Minister for Health and Aged Care
or
Minister for Aged Care | All provisions |\n| | | | |\n| 15 | Minister for Industry, Science and Tourism | Minister for Communications, Information Technology and the Arts
or
Minister for the Arts and the Centenary of Federation | Clause 3 of Schedule 1 to the Telecommunications Act 1997
and
Subsection 15 (4) of the Telecommunications (Carrier Licence Charges) Act 1997
and
Subsection 4 (1) of the Television Broadcasting Services (Digital Conversion) Act 1998 |\n| | | | |\n| 16 | Minister for Industry, Science and Tourism | Attorney-General
or
Minister for Justice and Customs | Section 6 of the Consular Privileges and Immunities Act 1972
and
Section 8 of the Diplomatic Privileges and Immunities Act 1967
and
Provisions of the Narcotic Drugs Act 1967 |\n| | | | |\n| 17 | Minister for Industry, Science and Tourism | Treasurer | Section 7 of the Consular Privileges and Immunities Act 1972
and
Section 9 of the Diplomatic Privileges and Immunities Act 1967 |\n| | | | |\n| 18 | Minister for Industry, Science and Tourism | Attorney-General
or
Minister for Justice and Customs
or
Treasurer | Section 12A of the Consular Privileges and Immunities Act 1972
and
Section 14A of the Diplomatic Privileges and Immunities Act 1967 |\n| | | | |\n| 19 | Minister for Industry, Science and Tourism | Minister for Industry, Science and Resources
or
Minister for Sport and Tourism | All provisions except those mentioned in items 15, 16, 17 and 18 |\n| | | | |\n| 20 | Minister for Transport and Regional Development
or
Minister for Regional Development, Territories and Local Government | Minister for Transport and Regional Services
or
Minister for Regional Services, Territories and Local Government | All provisions |\n\n\nSchedule 2 References to Departments\n\n(section 5)\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| --- | --- | --- | --- |\n| 1 | Department of Primary Industries and Energy | Department of Industry, Science and Resources
| Section 18 of the Petroleum Resource Rent Tax Assessment Act 1987
and
Provisions of the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations |\n| 2 | Department of Primary Industries and Energy | Department of Agriculture, Fisheries and Forestry | All provisions except those mentioned in item 1 |\n| 3 | Department of Communications and the Arts | Department of Communications, Information Technology and the Arts | All provisions
|\n| 4 | Department of Employment, Education, Training and Youth Affairs
| Department of Employment, Workplace Relations and Small Business
| Provisions of the Social Security Act 1991 and Regulation 12CB of the Family Law Regulations 1984 only to the extent that they relate to employment
and
Sections 160 and 164 of the Employment Services Act 1994
and
Provisions of the National Health Regulations |\n| 5 | Department of Employment, Education, Training and Youth Affairs | Department of Education, Training and Youth Affairs | All provisions except those of the Social Security Act 1991, regulation 12CB of the Family Law Regulations 1984, sections 160 and 164 of the Employment Services Act 1994 and the provisions of the National Health Regulations
and
Provisions of the Social Security Act 1991 and regulation 12CB of the Family Law Regulations 1984 only to the extent that they relate to education, training and youth affairs |\n| 6 | Department of Workplace Relations and Small Business | Department of Transport and Regional Services | Provisions of the Stevedoring Industry Levy Collection Regulations
and
Provisions of the Stevedoring Levy (Collection) Regulations 1998 |\n| 7 | Department of Workplace Relations and Small Business | Department of Employment, Workplace Relations and Small Business | Provisions of the Migration Act 1958
and
Provisions of the Migration Regulations |\n| 8 | Department of Workplace Relations and Small Business | Department of Employment, Workplace Relations and Small Business | All provisions except those mentioned in items 6 and 7 |\n| 9 | Department of the Environment | Department of the Environment and Heritage | All provisions |\n| 10 | Department of Social Security | Department of Family and Community Services | All provisions |\n| 11 | Department of Health and Family Services | Department of Health and Aged Care | All provisions |\n| 12 | Department of Industry, Science and Tourism | Attorney-General’s Department | All provisions |\n| 13 | Department of Transport and Regional Development | Department of Transport and Regional Services | All provisions |\n\n\nSchedule 3 References to Secretaries\n\n(section 6)\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| --- | --- | --- | --- |\n| 1 | Secretary to the Department of Primary Industries and Energy | Secretary to the Department of Agriculture, Fisheries and Forestry | All provisions |\n| 2 | Secretary to the Department of Communications and the Arts | Secretary to the Department of the Environment and Heritage | Section 159UB of the Income Tax Assessment Act 1936 |\n| 3 | Secretary to the Department of Communications and the Arts | Secretary to the Department of Communications, Information Technology and the Arts | All provisions |\n| 4 | Secretary to the Department of Employment, Education, Training and Youth Affairs | Secretary to the Department of Employment, Workplace Relations and Small Business | Section 16 of the Income Tax Assessment Act 1936 only to the extent that it relates to employment |\n| 5 | Secretary to the Department of Employment, Education, Training and Youth Affairs | Secretary to the Department of Education, Training and Youth Affairs | All provisions except section 16 of the Income Tax Assessment Act 1936
and
Section 16 of the Income Tax Assessment Act 1936 only to the extent that it relates to education, training and youth affairs |\n| 6 | Secretary to the Department of Workplace Relations and Small Business | Secretary to the Department of Employment, Workplace Relations and Small Business | All provisions |\n| 7 | Secretary to the Department of the Environment | Secretary to the Department of the Environment and Heritage | All provisions |\n| 8 | Secretary to the Department of Social Security | Secretary to the Department of Family and Community Services | All provisions |\n| 9 | Secretary to the Department of Health and Family Services | Secretary to the Department of Health and Aged Care | All provisions |\n| 10 | Secretary to the Department of Industry, Science and Tourism | Secretary to the Department of Industry, Science and Resources | All provisions |\n| 11 | Secretary to the Department of Transport and Regional Development | Secretary to the Department of Transport and Regional Services | All provisions |\n\n\nNote\n\n1. Made by the Governor-General on 12 November 1998.\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended function: updating administrative references following the 1998 federal election and subsequent machinery of government changes. It does not expand beyond this technical updating role."},"complexity_factors":["20 items in Schedule 1 (Ministers) with split references—same old title maps to different new titles depending on specific Act/Regulation","13 items in Schedule 2 (Departments) with similar conditional mapping logic","11 items in Schedule 3 (Secretaries)","Extensive cross-referencing to specific sections, subsections, and regulations rather than blanket substitutions","Use of \"all provisions except...\" and \"only to the extent that...\" qualifiers creating partial substitutions","Multiple alternative substitutes for single references (e.g., \"Minister X or Minister Y\") requiring reader to determine which applies","Nested conditional logic: Item 4 in Schedule 2 references provisions \"only to the extent that they relate to employment\" while Item 5 covers the same provisions for education/training aspects"],"plain_english_summary":"This order is a housekeeping measure that updates outdated minister, department and secretary names in existing Commonwealth legislation so references automatically point to the correct current officeholders and agencies. It saves countless individual amendments after machinery-of-government changes.\n\nIt matters to officials, lawyers, courts and anyone relying on statutes. Mappings can be context-specific — the same old title may be read as different new offices depending on the particular Act."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order does not change substantive legal powers, duties or beneficiaries; it only replaces names of offices referenced in provisions with substitute office titles (operationalised by sections 4–6 and the three Schedules). Some substitutions are limited to particular Acts or to specified subject-matter (e.g. employment or education), so users must check the affected-provisions column in each Schedule to determine precise scope."},"complexity_factors":["Multiple cross-references: substitutions are listed across three Schedules (Ministers, Departments, Secretaries) that map old names to new ones.","Granular exceptions: many items limit substitutions to specific Acts, regulations or sections rather than applying universally (see Schedule items with ‘only to the extent that’ language).","Inter-orders interaction: Note explains provisions may have been or may be affected by other substituted-reference orders under ss 19B/19BA, requiring historical tracing.","Operational tracing: users must follow substituted references into the cited provisions to determine which office now performs a function, increasing compliance checking.","Administrative, not substantive, change: the Order alters references rather than reallocating statutory powers, but there is risk of ambiguity if multiple substitute offices are named for the same original reference.","Volume of mappings: dozens of items increase the chance of overlooking a relevant substitution when advising clients or applying the law."],"plain_english_summary":"This Order substitutes current names of Ministers, Departments and Secretaries into existing Commonwealth laws and instruments so statutory references match contemporary office titles and administrative arrangements. It does so by treating specified provisions as if the substitute office were the originally named office (see sections 4–6 and Schedules).\n\nIt affects anyone whose legal rights or duties depend on which office performs a function; it preserves legal continuity without changing substantive powers but creates an administrative need to track substituted references."}},"importantCases":[],"_links":{"self":"/api/acts/acts-interpretation-substituted-references-order-1998","history":"/api/acts/acts-interpretation-substituted-references-order-1998/history","analysis":"/api/acts/acts-interpretation-substituted-references-order-1998/analysis","conflicts":"/api/acts/acts-interpretation-substituted-references-order-1998/conflicts","importantCases":"/api/acts/acts-interpretation-substituted-references-order-1998/important-cases","documents":"/api/acts/acts-interpretation-substituted-references-order-1998/documents"}}