Commonwealth Numbered Acts

ARTS, ENVIRONMENT AND TERRITORIES LEGISLATION AMENDMENT ACT 1993 No. 6 of 1994 - SCHEDULE

                              SCHEDULE                   Section 5

AMENDMENTS OF ACTS
A.C.T. Self-Government (Consequential Provisions) Act 1988 Subsections 5(6)
and (7):
Omit the subsections. Section 7:
Repeal the section.
Australia Council Act 1975 Subsection 29(5):
After "he" insert "or she". Subsection 29(9):
Omit "Chairman" (wherever occurring), substitute "Chairperson".
Australian Capital Territory (Electoral) Act 1988 Subsection 18(3):
Omit the subsection, substitute:

"(3) Paragraph (1)(b) does not prevent the making of special provisions for
persons who are so sight impaired or physically incapacitated or illiterate
that they cannot vote without assistance.".
Australian Capital Territory (Planning and Land Management) Act 1988 After
section 31:
Insert:
Minerals in Territory Land

"31A.(1) In this section:
'mineral' means a naturally occurring substance or mixture of substances,
whether in a solid, liquid or gaseous state.

"(2) So long as any land in the Territory is Territory Land, all rights of the
Commonwealth in relation to minerals in that land are vested in the
Territory.".
Australian Capital Territory (Self-Government) Act 1988 Section 3 (definition
of "elector of the Territory"):
Omit ", under section 67C,". Section 10:
Omit ", disqualification or expulsion", substitute "or disqualification".
Subsection 13(3):
Omit the subsection, substitute:

"(3) The person receiving a notice of resignation must arrange for it to be
laid before the Assembly as soon as practicable after receiving that notice.".
Paragraph 17(1)(a):
Add at the end "and". Paragraph 17(1)(b):
Omit "and". Paragraph 17(1)(c):
Omit the paragraph. Section 25:
Add at the end:

"(6) Subsections (1) to (5) (inclusive) cease to have effect on and after the
commencement of an enactment providing for:

   (a)  the publication of a notice of the passing of a proposed law by the
        Assembly otherwise than under subsection (1); and (b) the commencement
        of such a proposed law.". Subsection 26(3):

   (a)  Omit "shall be notified in the Territory Gazette, and".

   (b)  Omit "subsection 25(2)", substitute "section 25". Subsection 34(3):
Omit the subsection. Subsection 34(5):
Omit "3", substitute "5". Subsections 34(6), (7), (8) and (8A):
Omit the subsections. Paragraph 37(b):
Omit "and" (last occurring). Section 37:
Add at the end:

"; and (d) exercising prerogatives of the Crown so far as they relate to the
Executive's responsibility mentioned in paragraph (a), (b) or (c).". After
section 38:
Insert: Executive's powers under Commonwealth Acts

"38A. An enactment may provide for the exercise by a member or members of the
Executive of powers vested in the Executive by or under an Act.". Paragraph
46(1)(d):
Omit the paragraph, substitute:

"(d) in the case of a person appointed as a Minister (other than the Chief
Minister):

        (i)    when the person is dismissed from office by the Chief Minister;
               or

        (ii)   immediately before another Chief Minister is elected after the
               passing of a resolution of no confidence in the Chief
               Minister.". Paragraph 59(2)(b):
Omit "3", substitute "5". Subsection 65(1):
Omit the subsection, substitute:

"(1) An enactment, vote or resolution ('proposal') for the appropriation of
the public money of the Territory must not be proposed in the Assembly except
by a Minister.". Subsection 65(2):

   (a)  Omit "the object or effect of".

   (b)  Omit "disposed of or charged", substitute "appropriated". Paragraph
        67C(2)(a):
After "(2)" insert "or (3)". Section 67C:
Add at the end:

"(3) This section does not prevent an electoral enactment from providing that
other persons, in addition to persons entitled under subsection (1), be
entitled to vote at a general election.". Before section 69:
Insert in Part IX: Acts that bind States to bind Territory

"69A.(1) If an Act (whether or not by express provision) binds each of the
States, or the Crown in right of each of the States, that Act binds the
Territory, or the Crown in right of the Territory, by force of this
subsection, unless that Act specifically provides otherwise.

"(2) Subsection (1) does not affect the application of a law of the
Commonwealth in and in relation to the Territory otherwise than as provided in
that subsection.". Section 72:
Repeal the section. Subsections 73(2) and (3):
Omit the subsections, substitute:

"(2) Subject to subsection (3A) of this section and subsection 29A(2) of the
A.C.T. Self-Government (Consequential Provisions) Act 1988, a person is, in
respect of services in an office, to be paid such remuneration and allowances:

   (a)  if they are determined or specified by or under an enactment-as so
        determined or specified; or

   (b)  in any other case-as are determined by the Remuneration Tribunal.".
        Section 74:
Repeal the section, substitute: Regulations

"74. The Governor-General may make regulations:

   (a)  prescribing matters:

        (i)    required or permitted by this Act to be prescribed; or

        (ii)   necessary or convenient to be prescribed for carrying out or
               giving effect to this Act; and

   (b)  adding further matters to Schedule 4.". Schedule 3:
Repeal the Schedule.
Australian Heritage Commission Act 1975 Subsection 14(3):
Omit the subsection, substitute:

"(3) This section has effect subject to the Remuneration Tribunal Act  1973
.". Subsection 45(6):
Omit the subsection, substitute:

"(6) Subsections (4) and (5) have effect subject to the Remuneration  Tribunal
Act 1973 .".
National Gallery Act 1975 Subsection 4(1):
Omit the subsection, substitute:

"(1) The National Gallery of Australia is established.".
National Parks and Wildlife Conservation Act 1975 Subparagraph 42(3)(b)(ii):
Omit "until".
World Heritage Properties Conservation Act 1983 Subsection 3B(4):
Omit the subsection, substitute:

"(4) An eligible Judge has, in relation to the performance or exercise of a
function or power conferred on an eligible Judge by this Act, the same
protection and immunity as a Justice of the High Court has in relation to
proceedings in the High Court.".