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LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - SCHEDULE

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - SCHEDULE

                   SCHEDULE                  Section 3

AMENDMENTS OF ACTS Commonwealth Places (Application of Laws) Act 1970 After
subsection 5(2):
Insert:

"(2A) Part 1C of the Crimes Act 1914 does not apply to a member of the police
force of a State in relation to, or in relation to matters arising under, the
applied provisions.". Family Law Act 1975 Section 60:
Insert:

" 'child welfare officer', in relation to a State or Territory, means:

   (a)  a person who, because he or she holds, or performs theduties of, a
        prescribed office of the State or Territory, has responsibilities in
        relation to a child welfare law of the State or Territory; or

   (b)  a person authorised in writing by such a person for the purposes of
        this Part;". Subsection 60E(1):
Omit "(4) and (5)", substitute "(4), (5) and (7)". Subsection 60E(2):
Omit "(4) and (5)", substitute "(4), (5) and (7)". Section 60E:
Add at the end:

"(6) The Governor-General, by Proclamation, may declare that the amendments of
this Part made by the Law and Justice  Legislation Amendment Act 1992 extend
to a specified State.

"(7) Despite anything else contained in this section, the amendments of this
Part made by that Act do not extend to a State unless there is in force such a
Proclamation in relation to that State.". Subsection 60H(1):
Omit the subsection, substitute:

"60H.(1) A court having jurisdiction under this Act must not make an order
under this Act (other than an order under Division 6) in relation to a child
who is under the guardianship, or in the custody or care and control, of a
person under a child welfare law unless:

   (a)  the order is expressed to come into effect when the child ceases to be
        under such guardianship, or in such custody or care and control, as
        the case may be; or

   (b)  the order is made in proceedings relating to the child in respect of
        the institution or continuation of which the written consent of a
        child welfare officer of the relevant State or Territory has been
        obtained.". Paragraph 60H(2)(a):
Omit "in the custody of, or under the guardianship, care and control or
supervision of,", substitute "under the guaradianship, or in the custody or
care and control, of ". Paragraph 60H(2)(b):
Add at the end "and". Paragraphs 60H(2)(c) and (d):
Omit the paragraphs. After section 66F:
Insert: Limitation in relation to maintenance proceedings

"66FA. Proceedings in relation to the maintenance of a child who is under the
guardianship, or in the custody or care and control, of a person under a child
welfare law may only be brought by:

   (a)  the child; or

   (b)  a parent of the child who has the daily care and control of the child;
        or

   (c)  a relative of the child who has the daily care and control of the
        child; or

   (d)  a child welfare officer of the relevant State or Territory.". Section
        117C:
Add at the end:

"(4) A judge of the court mentioned in subsection (1) is not disqualified from
sitting in the proceedings only because the fact that an offer has been made
is, contrary to subsection (3), disclosed to the court.".
Law Officers Act 1964 Section 9:
Add at the end:

"(2) Where the Attorney-General gives consent to the engaging by the
Solicitor-General in the practice of a barrister or solicitor, the
Attorney-General is to lay before each House of the Parliament within 15
sitting days of that House after the day on which the consent is given a
written statement of the reasons for the giving of the consent.".
Trade Practices Act 1974 Paragraphs 50A(1)(a) and (b):
Omit the paragraphs, substitute:

"(a) either:

   (i)  as a result of the obtaining by the person of the last- mentioned
        controlling interest, the person would be, or be likely to be, in a
        position to dominate a substantial market for goods or services in
        Australia, in a State or in a Territory; or

   (ii) in a case where the person is in a position to dominate such a market:

                (A)  the body corporate or another body corporate that is
                     related to that body corporate is, or is likely to be, a
                     competitor of the person or of a body corporate that is
                     related to the person; and

                (B)  the acquisition would, or would be likely to,
                     substantially strengthen the power of the person to
                     dominate that market; and". Paragraph 50A(1)(c):
Omit "(c) the obtaining", substitute "(b) the obtaining".