What it does
This instrument, the Acts Interpretation Substituted Reference Order 2017 (s 1.1), systematically changes how particular statutory references to authorities are to be read in a set of other Acts and subordinate instruments. It does not create new substantive law; it operates interpretively, telling readers that, for specified provisions, an existing textual reference to a Minister, Department, Secretary, office or office‑holder is to be read as a reference to a different authority from the stated effective date. The instrument is made under the Acts Interpretation Act 1901, namely section 19B and (for certain Fair Work Act substitutions) section 19BA as in force on 25 June 2009 (s 1.3). The instrument’s simplified outline expressly states that affected provisions “have effect for all purposes, on and after specified days, as if there were substituted references to other authorities” (s 1.4).
Mechanically the Order is organised by type of reference: Part 2 deals with references to Ministers, Part 3 with references to Departments, Part 4 with references to Secretaries and Part 5 with references to other offices or holders of offices. Each Part contains a general rule (for example s 2.1 for Ministers, s 3.1 for Departments) that an item in a table in that Part which refers to an authority mentioned in column 2 must be read as if the reference were to the authority or authorities in column 3, with effect “for all purposes, on and after the day mentioned in the heading to that table” (see s 2.1; s 3.1; s 4.1; s 5.1).
The Order contains multiple dated substitution tables. Each table specifies the provisions affected (column 1), the existing textual reference that appears in the affected provisions (column 2), and the substitute reference to be read instead (column 3). Examples are range from substitutions having effect 1 July 2014 (Part 2, s 2.2) through to substitutions with effect on and after 13 May 2025 and 1 July 2025 (see ss 2.9A, 3.10 and 4.7). Some substitutions are broad (“all provisions” referencing a particular Minister or Department), while others are targeted to particular sections, subsections or definitions within a named Act or regulation. A number of tables include notes that limit the scope of the change (for example, substitutions that apply only “if the reference to that authority would, apart from this item, be read as a reference to another Minister in accordance with section 19 of the Acts Interpretation Act 1901”; see items in ss 2.3 and 2.4).