{"id":"F2007B01061","name":"Acts Interpretation (Substituted References - Section 19BA) Order 2004","slug":"acts-interpretation-substituted-references-section-19ba-order-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":62546,"registerId":"commonwealth-F2007B01061-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n This Order is the Acts Interpretation (Substituted References—Section 19BA) Order 2004.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definition","content":"#### 2 Definition\n\n In this Order:\n\n> provision means a provision in an Act or in an instrument under an Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"References to Ministers","content":"#### 3 References to Ministers\n\n A provision mentioned in column 4 of an item in a Part of Schedule 1 that mentions the Minister, or Ministers, mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, as if there were substituted a reference to the Minister, or Ministers, mentioned in column 3 of the item.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"References to Departments","content":"#### 4 References to Departments\n\n A provision mentioned in column 4 of an item in a Part of Schedule 2, that mentions the Department mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, as if there were substituted a reference to the Department mentioned in column 3 of the item.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"References to Secretaries","content":"#### 5 References to Secretaries\n\n A provision mentioned in column 4 of an item in a Part of Schedule 3, that mentions the Secretary mentioned in column 2 of the item, has effect on and from the date mentioned in the heading to that Part, as if there were substituted a reference to the Secretary mentioned in column 3 of the item.\n\n> Note: A provision mentioned in a Schedule to this Order:\n\n (a) may have been affected, before the commencement of this Order, by other substituted references under other orders made under section 19B or 19BA of the Acts Interpretation Act 1901; and\n (b) may be affected, after the commencement of this Order:\n\n> Note: (i) by an order made under section 19BB of the Acts Interpretation Act 1901 revoking a part of this Order; or\n\n> Note: (ii) by other substituted references under other orders made under section 19BA of the Acts Interpretation Act 1901.","sortOrder":4},{"sectionNumber":"Part 1","sectionType":"part","heading":"Substitutions made on 18 November 2004","content":"## Part 1—Substitutions made on 18 November 2004\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| ---- | ----------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 1 | Minister for Agriculture, Fisheries and Forestry; orMinister for Fisheries, Forestry and Conservation | Minister for Industry, Tourism and Resources; orMinister for Small Business and Tourism | provisions of the Plant Breeder’s Rights Act 1994 and any instrument made under that Act |\n| 2 | Minister for Family and Community Services; orMinister for Children and Youth Affairs | Minister for Employment and Workplace Relations; orMinister for Workforce Participation | provisions of the Disability Services Act 1986 and any instrument made under that Act (except provisions that relate to supported employment services)provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to disability support pension, mature age allowance, newstart allowance and parenting payment and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are or have been receiving disability support pension, mature age allowance, newstart allowance or parenting payment; and sickness allowance and youth allowance in so far as those payments relate to persons who are unemployed) |\n| 3 | Minister for Family and Community Services; orMinister for Children and Youth Affairs | Minister for Education, Science and Training; orMinister for Vocational and Technical Education | provisions of the Social Security Act 1991 and any instrument made under that Act, and the Social Security (Administration) Act 1999 and any instrument made under that Act (being provisions that relate to austudy and youth allowance for persons who are students and any other payment, allowance or supplement in so far as that payment, allowance or supplement relates to persons who are students; and sickness allowance for persons who are students) |\n| 4 | Minister for Family and Community Services; orMinister for Children and Youth Affairs | Minister for Human Services | provisions of the Commonwealth Services Delivery Agency Act 1997 and any instrument made under that Act |\n| 5 | Minister for Health and Ageing; orMinister for Ageing | Minister for Human Services | provisions of the Australian Hearing Services Act 1991 and any instrument made under that Act (except subsections 8 (4) to 8 (8) of that Act and any instrument made under those provisions)provisions of the Health Insurance Commission Act 1973 and any instrument made under that Act |","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Substitutions made on 18 December 2007","content":"## Part 2—Substitutions made on 18 December 2007\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| ---- | ------------------ | -------------------- | ------------------------------------------------------------- |\n| 1 | Attorney‑General | Cabinet Secretary | subsections 68 (1) and 70 (1) and (2) of the Privacy Act 1988 |","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Substitution made on 21 May 2010","content":"## Part 3—Substitution made on 21 May 2010\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| ---- | ------------------ | ------------------------------------- | ----------------------------------------------------------------------------------- |\n| 1 | Attorney‑General | Minister for Finance and Deregulation | provisions of the Judges’ Pensions Act 1968 and any instruments made under that Act |","sortOrder":7},{"sectionNumber":"Part 4","sectionType":"part","heading":"Substitutions made on 16 October 2010","content":"## Part 4—Substitutions made on 16 October 2010\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| ---- | ------------------ | ----------------------------------------------- | -------------------------------------------------------------------------- |\n| 1 | Cabinet Secretary | Minister for Privacy and Freedom of Information | provisions of the Privacy Act 1988 and any instruments made under that Act |","sortOrder":8},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Substitutions made on 14 December 2011","content":"## Part 4A—Substitutions made on 14 December 2011\n\n| Item | Existing reference | Substitute reference | Affected provisions |\n| ---- | ----------------------------------------------- | -------------------- | -------------------------------------------------------------------------- |\n| 1 | Minister for Privacy and Freedom of Information | Attorney‑General | provisions of the Privacy Act 1988 and any instruments made under that Act |","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)","content":"## Part 5—Substitutions made on commencement of the Acts Interpretation (Substituted References—Section 19BA) Amendment Order 2015 (No. 1)\n\n```html\n

Substitutions made on commencement of the Acts Interpretation (Substituted) References—Section 19BA) Amendment Order 2015 (No. 1)

Item

Existing reference

Substitute reference

Affected provisions

1

Attorney‑General

Minister for Communications

provisions of the Copyright Act 1968 (except subsection 183(6) of that Act) and instruments made under that Act

2

Attorney‑General of the Commonwealth

Minister for Communications

subsection 183(6) of the Copyright Act 1968

3

Attorney‑General

Minister for Communications

subsections 9(1) and (6) of the Public Lending Right Act 1985

4

Treasurer

Minister for the Environment

paragraph (a) of the definition of responsible Ministers in section 4 of the Clean Energy Finance Corporation Act 2012

\n```\n\nSchedule 2—References to Departments\n\n(section 4)","sortOrder":10}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Order does not change substantive rights, duties or policy in the affected laws. It simply substitutes references to named Ministers, Departments or Secretaries in specified provisions from the dates shown in each Part, thereby reallocating which office is treated as having responsibility under those provisions. The Order may interact with earlier or later substituted‑reference orders or with revocations under section 19BB of the Acts Interpretation Act 1901."},"complexity_factors":["Multiple Schedules (References to Ministers, Departments, Secretaries) each containing several dated Parts (2004, 2007, 2010, 2011, 2015) creating time‑based substitutions.","Numerous specific substitutions across a range of primary Acts and instruments (e.g. Copyright Act 1968, Privacy Act 1988, Social Security Act 1991, Public Lending Right Act 1985, Plant Breeder’s Rights Act 1994) that require accurate cross‑reference.","Textual exceptions and limited carve‑outs (for example, exclusions of certain subsections) that restrict a blanket substitution approach.","Interplay with other orders under the Acts Interpretation Act (sections 19B, 19BA and possible revocation under 19BB) means substitutions may have been or may later be varied.","Operational impact concentrated on which office performs statutory functions; requires administrative updates but does not alter substantive legal rights or obligations.","Drafting precision needed to ensure instruments and statutory provisions continue to operate as intended once references are read as substituted."],"plain_english_summary":"_What it does:_ This Order updates statutory cross‑references so that, from the dates shown in each Part, provisions that named particular Ministers, Departments or Secretaries are to be read as if they refer to different, specified office‑holders. _Who it affects and why it matters:_ It affects persons and organisations subject to the listed Acts and instruments and the offices that now hold administrative responsibility, because it changes which official or department must make decisions, receive notices or perform functions under those provisions."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of updating statutory references following administrative restructures. While it has grown from its 2004 commencement to include amendments up to 2015, this expansion represents the natural accumulation of machinery-of-government changes over time rather than scope creep into new policy areas."},"complexity_factors":["Multiple nested schedules (3) with dated Parts creating temporal complexity","Extensive cross-referencing between columns in tabular format requiring horizontal reading","Conditional logic in affected provisions (e.g., \"except provisions that relate to supported employment services\", \"in so far as that payment... relates to persons who are students\")","Cumulative amendment structure — the 2004 Order has been amended multiple times (notably 2015) creating layered effective dates","Interaction with parent Act (Acts Interpretation Act 1901 sections 19B, 19BA, 19BB) noted in explanatory notes","Split references where one old minister/department maps to multiple new ones depending on context (e.g., Family and Community Services splitting between Employment and Education portfolios)"],"plain_english_summary":"This Order is a housekeeping measure that automatically updates hundreds of old statutory references when ministerial titles, department names, or departmental secretaries change. It ensures existing laws point to the correct current ministers and agencies, sparing Parliament dozens of amendment bills. It matters to public servants, lawyers, courts and anyone interacting with government who needs to know which modern office actually holds legal responsibilities."}},"importantCases":[],"_links":{"self":"/api/acts/acts-interpretation-substituted-references-section-19ba-order-2004","history":"/api/acts/acts-interpretation-substituted-references-section-19ba-order-2004/history","analysis":"/api/acts/acts-interpretation-substituted-references-section-19ba-order-2004/analysis","conflicts":"/api/acts/acts-interpretation-substituted-references-section-19ba-order-2004/conflicts","importantCases":"/api/acts/acts-interpretation-substituted-references-section-19ba-order-2004/important-cases","documents":"/api/acts/acts-interpretation-substituted-references-section-19ba-order-2004/documents"}}