Commonwealth Numbered Acts

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SCHEDULE

                     SCHEDULE                         Section 49

AMENDMENTS OF OTHER ACTS
Acts Interpretation Act 1901 Subsection 4 (2):
Omit the subsection, substitute the following subsections:

"(1A) Where:

   (a)  an Act that is in operation (in this subsection called the `parent
        Act') is expressed to confer power to make an instrument of a
        legislative or administrative character (including rules, regulations
        or by-laws); and

   (b)  the Act concerned is expressed to amend the parent Act in such a
        manner that the parent Act, as amended, will confer additional power
        to make such an instrument; then, unless the contrary intention
        appears:

   (c)  the powers mentioned in paragraphs (a) and (b) may be exercised by
        making a single instrument; and

   (d)  such an instrument is to be treated as made under subsection (1) so
        far as any provisions contained in it required an exercise of the
        additional power mentioned in paragraph (b).

"(2) An appointment made under subsection (1) takes effect:

   (a)  on the day specified in the appointment, being a day that is not
        earlier than the day on which the Act concerned comes into operation;
        or

   (b)  if a day is not specified in the appointment - on the day on which the
        Act concerned comes into operation.

"(2A) Where, because of some or all of its provisions (in this subsection
called the `relevant provisions'), an instrument is made under subsection (1),
each relevant provision takes effect, as declared in the instrument:

   (a)  on a specified date that is not earlier than the date when the Act
        concerned comes into operation; or

   (b)  from a specified time on a specified date that is not earlier than the
        date and time when the Act concerned comes into operation; or

   (c)  on the date, or from the date and time, when the Act concerned comes
        into operation.". Subsection 4 (4):
Omit "and (2)", substitute ", (2) and (2A)". Subsection 4 (5):
Omit "(2)", substitute "(1A), (2), (2A)". Paragraph 22 (1) (a):
Omit the paragraph, substitute the following paragraphs:
    "(a)   expressions used to denote persons
generally (such as `person', `party', `someone', `anyone', `no-one', `one',
`another' and `whoever'), include a body politic or corporate as well as an
individual;

   (aa) `individual' means a natural person;". Subsection 22 (2):
Omit "shall not be taken to imply that references in the Act to persons do not
also include references to", substitute "do not imply that expressions in the
Act of the kind mentioned in paragraph (1) (a) do not include". After
paragraph 33A (b):
Insert the following paragraph:
    "(ba)   where the appointment is to act in a
vacant office, the appointee must not continue to act in the office for more
than 12 months;". Section 46:
Add at the end the following subsection:

"(2) Where an Act confers upon an authority power to make an instrument
(including rules, regulations or by-laws) or a resolution:

   (a)  specifying, declaring or prescribing a matter or thing; or

   (b)  doing anything in relation to a matter or thing; then, in exercising
        the power, the authority may identify the matter or thing by referring
        to a class or classes of matters or things.". Subsection 46A (1):
Insert "the enabling provision or any other provision of the law" after
"(however described) and". Subsection 48 (2):
Omit the subsection, substitute the following subsection:

"(2) A regulation, or a provision of regulations, has no effect if, apart from
this subsection, it would take effect before the date of notification and as a
result:

   (a)  the rights of a person (other than the Commonwealth or an authority of
        the Commonwealth) as at the date of notification would be affected so
        as to disadvantage that person; or

   (b)  liabilities would be imposed on a person (other than the Commonwealth
        or an authority of the Commonwealth) in respect of anything done or
        omitted to be done before the date of notification.".
Australian Capital Territory Supreme Court Act 1933 Section 8AA:
Repeal the section, substitute the following section: Exercise of jurisdiction
in relation to legal practitioners

"8AA. (1) The jurisdiction of the Supreme Court in an application made under
an Ordinance or enactment relating to legal practitioners, being an
application for admission to practise as a barrister and solicitor, or as a
barrister or as a solicitor, of the Court, must be exercised by at least 3
Judges sitting together in Court, unless the Chief Justice directs otherwise.

"(2) The jurisdiction of the Supreme Court in the following matters must be
exercised by at least 3 Judges sitting together in Court:

   (a)  a matter relating to the issue or cancellation of a practising
        certificate under an Ordinance or enactment relating to legal
        practitioners;

   (b)  a matter relating to the professional behaviour or conduct of a legal
        practitioner.

"(3) This section does not prevent a single Judge from giving directions of an
interlocutory kind in relation to a matter mentioned in subsection (2).".
Australian Security Intelligence Organization Act 1979 Subsection 92G (3):

   (a)  After "before the Committee," insert "or of the contents of a document
        produced to the Committee in private,".

   (b)  Omit "a witness", substitute "the person who gave the evidence or
        produced the document". Subsection 92G (4):
Omit "evidence or authorise the disclosure or publication of evidence",
substitute ", or authorise the disclosure or publication of, evidence or the
contents of a document". Section 92P:
Repeal the section, substitute the following section: Continuance of evidence

"92P. Subject to subsection 92G (1), where evidence, or a document, relating
to a matter has been taken by or produced to the Committee as constituted at
any time, but the Committee as so constituted has ceased to exist before
reporting on the matter, the Committee as constituted at any later time,
whether during the same or another Parliament, may consider that evidence or
document as if the evidence or document had been taken by or produced to it.".
Subsection 92R (2):
Omit the subsection, substitute the following subsection:

"(2) Where evidence, or the contents of a document, taken by or produced to
the Committee in private are disclosed or published under section 92G, section
4 of the Parliamentary Papers Act 1908 applies to the disclosure or
publication as if it were a publication under an authority given under section
2 of that Act.".
Australian Security Intelligence Organization 
Amendment Act 1986  Sections 33, 36 and 37:
Repeal the sections. Family Law Act 1975 Subsection 94 (1):
Omit "An appeal", substitute "Subject to section 94AA, an appeal". After
section 94:
Insert the following section: Leave to appeal needed in some cases

"94AA. (1) An appeal does not lie to a Full Court of the Family Court from a
prescribed decree, except by leave of a Full Court of that Court.

"(2) An application for leave is to be determined by a Full Court of the
Family Court.

"(3) The Rules of Court may make provision for enabling applications for leave
to be dealt with, subject to conditions prescribed by the Rules, without an
oral hearing.

"(4) In this section: `child welfare matter' has the same meaning as in Part
VII; `prescribed decree' means a decree of the kind mentioned in subsection 94
(1) that is an interlocutory decree, but does not include a decree in relation
to a child welfare matter.".
Federal Court of Australia Act 1976 Subsection 25 (2):
Omit the subsection, substitute the following subsections:

"(2) Applications:

   (a)  for leave or special leave to appeal to the Court; or

   (b)  for an extension of time within which to institute an appeal to the
        Court; or

   (c)  for leave to amend the grounds of an appeal to the Court; or

   (d)  to stay an order of a Full Court; may be heard and determined by a
        single Judge or by a Full Court.

"(2A) The Rules of Court may make provision enabling applications of the kind
mentioned in subsection (2) to be dealt with, subject to conditions prescribed
by the Rules, without an oral hearing.". After section 29:
Insert the following section: Prison sentence not to include time on bail

"29A. Where a person who has been convicted of an offence and sentenced to a
term of imprisonment appeals to the Court against the conviction or sentence,
or both, any time during which the person is released on bail pending the
determination of the appeal does not count as part of the term of imprisonment
to which the person has been sentenced.". Subsection 51A (4):
Omit "plaintiff", substitute "applicant". Section 52:

   (a)  Omit "at such rate as is fixed by the Rules of Court".

   (b)  Add at the end the following subsection:

"(2) Interest is payable:

   (a)  at such rate as is fixed by the Rules of Court; or

   (b)  if the Court, in a particular case, thinks that justice so requires -
        at such lower rate as the Court determines.". Subsection 56 (1):
Omit "a plaintiff", substitute "an applicant".
Human Rights and Equal Opportunity Commission Act 1986 Subsection 3 (1)
(definition of "Commonwealth enactment"):
Insert ", an Australian Capital Territory enactment" after "a Territory
enactment". Subsection 3 (1) (definition of "Minister"):
Insert in paragraph (b) "Australian Capital Territory or the" after "the".
Subsection 3 (1) (definition of "State"):
Insert "Australian Capital Territory and the" after "the". Subsection 3 (1)
(definition of "State enactment"):
Insert "an Australian Capital Territory enactment and" after "includes".
Subsection 3 (1) (definition of "Territory"):
Insert "the Australian Capital Territory or" after "include". Subsection 3
(1):
Insert the following definition: " `Australian Capital Territory enactment'
means an enactment of the Australian Capital Territory within the meaning of
the Australian Capital Territory  (Self-Government) Act 1988 , or an
instrument made under such an enactment;".
Marriage Act 1961 Subsection 9C (6):
Omit "the Gazette", substitute "such manner as the Minister considers
appropriate".
Racial Discrimination Act 1975 After subsection 9 (1):
Insert the following subsection:

"(1A) Where:

   (a)  a person requires another person to comply with a term, condition or
        requirement which is not reasonable having regard to the circumstances
        of the case; and

   (b)  the other person does not or cannot comply with the term, condition or
        requirement; and

   (c)  the requirement to comply has the purpose or effect of nullifying or
        impairing the recognition, enjoyment or exercise, on an equal footing,
        by persons of the same race, colour, descent or national or ethnic
        origin as the other person, of any human right or fundamental freedom
        in the political, economic, social, cultural or any other field of
        public life; the act of requiring such compliance is to be treated,
        for the purposes of this Part, as an act involving a distinction based
        on, or an act done by reason of, the other person's race, colour,
        descent or national or ethnic origin.". Subsection 9 (2):

   (a)  Omit "The reference to subsection (1)", substitute "A reference in
        this section".

   (b)  Omit "a reference to". Subsection 9 (3):
Omit "Subsection (1)", substitute "This section". Subsection 9 (4):
Omit "subsection (1)", substitute "this section". Section 18:
Repeal the section, substitute the following section: Acts done for 2 or more
reasons

"18. Where:

   (a)  an act is done for 2 or more reasons; and

   (b)  one of the reasons is the race, colour, descent or national or ethnic
        origin of a person (whether or not it is the dominant reason or a
        substantial reason for doing the act); then, for the purposes of this
        Part, the act is taken to be done for that reason.". After section 18:
Insert the following section: Vicarious liability

"18A. (1) Subject to subsection (2), if:

   (a)  an employee or agent of a person does an act in connection with his or
        her duties as an employee or agent; and

   (b)  the act would be unlawful under this Part if it were done by that
        person; this Act applies in relation to that person as if that person
        had also done the act.

"(2) Subsection (1) does not apply to an act done by an employee or agent of a
person if it is established that the person took all reasonable steps to
prevent the employee or agent from doing the act.".
Service and Execution of Process Act 1901 Subsection 26A (1):
Insert the following definition: " `facsimile', in relation to a warrant,
means a copy of the warrant that has been produced by facsimile telegraphy;".
Subsection 26E (5):
Insert ", or a facsimile of the warrant," after "warrant" (second occurring).
Subsection 26J (1):
Omit "the next succeeding subsection", substitute "subsection (2)". After
subsection 26J (1):
Insert the following subsections:

"(1A) Subject to subsection (2), payment of an amount in respect of a fine in
relation to which a warrant of commitment has been issued under section 26H
may be made to, and received by, the constable executing the warrant before
the constable takes the person liable to pay the fine into custody.

"(1B) Where a payment is received by a constable under subsection (1A), the
constable must not execute the warrant of commitment but must return it to the
Clerk of the Court that made the order of committal at the same time as the
constable forwards the amount of the payment to the Clerk under subsection
(4).". Subsection 26J (2):
Insert "or a warrant of commitment" after "apprehension".
Sex Discrimination Act 1984 Subsection 4 (1) (definition of "administrative
office"):

   (a)  Insert in paragraph (c) "the Australian Capital Territory and" after
        "including".

   (b)  Insert before paragraph (e) the following paragraph:

"(ea) an office of member of the Assembly, member of the Executive, or
Minister within the meaning of the Australian Capital Territory (Self-
Government) Act 1988;". Subsection 4 (1) (definition of "State"):
Insert "the Australian Capital Territory and" before "the". Subsection 4 (1)
(definition of "Territory"):
Insert "the Australian Capital Territory and" before "the".
Statutory Declarations Act 1959 Section 4:
Insert the following definitions: " `State' includes the Northern Territory;
`Territory' does not include the Northern Territory.". Paragraph 12 (1) (a):
Insert "(other than the Northern Territory)" after "States". Paragraph 12 (1)
(b):
Omit "Territories,", substitute "Territories and of the Northern Territory;".