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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SCHEDULE 1
SCHEDULE 1
Section 3
AMENDMENTS OF ACTS
Aboriginal Development Commission Act 1980 Section 48-
Repeal the section.
Aboriginal Land Rights (Northern Territory) Act 1976 Section 39-
Repeal the section.
Administrative Appeals Tribunal Act 1975 Sub-section 16 (2)-
Insert "or in respect of" after "does not apply to".
Sub-section 16 (4)-
Omit "sub-section 80 (1) of".
Paragraph 49 (1) (c)-
Omit "Chairman", substitute "Presedent".
Administrative Decisions (Judicial Review) Act 1977 Schedule 1, paragraph (o)-
Omit all the words after " Defence Force Discipline Act 1982".
Airports (Surface Traffic) Act 1960
Sub-section 3 (1) (paragraph (b) of the definition of "authorized person")-
Omit the paragraph, substitute the following paragraph:
"(b) a member or special member of the Australian Federal Police or a member
of the police force of a State or Territory;".
After the definition of "authorized person" in sub-section 3 (1)-
Insert the following definition:
" 'owner', in relation to a vehicle-
(a) in the case of a vehicle that is registered in the name of a person
under the law of a State or Territory relating to the registration of
motor vehicles-means that person;
(b) in the case of a vehicle that is registered in a business name under
such a law-means the person who carries on business under the business
name; or
(c) in the case of any other vehicle-includes every joint or part owner of
the vehicle and any person who has possession and use of the vehicle
under or subject to a hire-purchase agreement or bill of sale;".
Sub-section 3 (1) (definition of "parking infringement")-
Omit "(a) or (b) of sub-section (1) of section 8", substitute "8 (1) (a) or
(b)".
After the definition of "road" in sub-section 3 (1)-
Insert the following definition:
" 'Secretary' means the Secretary to the Department;".
Sub-section 3 (1) (definitions of "the owner" and "the Secretary")-
Omit the definitions.
Sub-section 6 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 6 (3)-
Omit "the last preceding sub-section", substitute "sub-section (2)".
Sub-section 8 (2)-
Omit "(5) of section 6", substitute "6 (5)".
Sub-section 8 (3)-
Omit "(b) of sub-section (1)", substitute "(1) (b)".
Sub-section 8 (4)-
Omit "(b) of sub-section (1)", substitute "(1) (b)".
Sub-section 8 (5)-
Omit "(a) of sub-section (1)", substitute "(1) (a)".
Sub-section 9 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Paragraph 9A (a)-
Omit "(3) of section 9", substitute "9 (3)".
Sub-section 11 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 12 (1)-
Insert "or in a specified business name" after "specified person".
Sub-section 12 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 14 (2)-
(a) Omit "the next succeeding sub-section", substitute "sub-section (3)".
(b) Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 16 (2)-
(a) Omit "or of the Crown Law Office of a Territory".
(b) Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 17 (1B)-
Omit "(b) of sub-section (1A)", substitute "(1A) (b)".
Sub-section 22 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Albury-Wodonga Development Act 1973 Section 23-
Repeal the section.
Anglo-Australian Telescope Agreement Act 1970 Section 17-
Repeal the section.
Antarctic Treaty (Environment Protection) Act 1980 Preamble-
Add at the end the following paragraphs:
"AND WHEREAS Australia is a Party to the Convention for the Conservation of
Antarctic Seals:
"AND WHEREAS it is desirable to make provision for giving effect to that
Convention:".
Sub-section 3 (1) (definition of "animal")-
Omit the definition, substitute the following definition:
" 'animal' includes a native mammal, a native bird and a seal (whether
indigenous to the Antarctic or not);".
Sub-section 3 (1) (definition of "native mammal")-
Insert "and seals" after "whales".
After the definition of "property" in sub-section 3 (1)-
Insert the following definition:
" 'Seals Convention' means the Convention for the Conservation of Antarctic
Seals (a copy of the English text of which is set out in the Schedule);".
Sub-section 7 (1)-
Insert "but subject to the regulations," after "law,".
Sub-section 19 (2)-
Omit "or seals" (wherever occurring).
Paragraphs 19 (3) (b), (c) and (d)-
Omit "that".
Sub-section 19 (4) (definition of "concentration")-
Omit the definition, substitute the following definition:
" 'concentration', in relation to birds, means a group of more than 20
birds;".
Sub-section 29 (1)-
Omit the sub-section, substitute the following sub-section:
"(1) The Governor-General may make regulations-
(a) not inconsistent with this Act, 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 or the Agreed Measures; or
(b) for and in relation to giving effect to the Seals Convention.".
After paragraph 29 (2) (b)-
Insert the following paragraph:
"(ba) prohibiting the killing, taking, injuring or other interference with a
seal that is indigenous to the Antarctic;".
Sub-section 29 (5)-
Omit the sub-section, substitute the following sub-section:
"(5) The regulations may prescribe penalties for offences against the
regulations not exceeding-
(a) in a case where the offence is an offence against regulations made for
or in relation to giving effect to the Seals Convention-a fine of
$2,000 or imprisonment for 12 months, or both; and
(b) in any other case-a fine of $2,000 or $200 for each day during which
the offence continues.".
After section 29-
Insert the Schedule set out in Schedule 4 to this Act.
Atomic Energy Act 1953 Sections 11 and 22-
Repeal the sections.
Audit Act 1901 Sub-section 6 (1)-
Omit the sub-section.
Sub-sections 34A (2) and 70C (4)-
Insert "Local Government and" before "Administrative Services".
Australia Council Act 1975 Section 42-
Repeal the section.
Australian Bicentennial Authority Act 1980 Section 20-
Repeal the section.
Australian Broadcasting Corporation Act 1983 Sub-section 71 (2)-
Omit the sub-section.
Section 72-
Add at the end the following sub-section:
"(2) For the purposes of the application to the Corporation of Division 3 of
Part XI of the Audit Act 1901 by virtue of sub-section (1), a reference in
that Division to the appropriate Minister is a reference to the Minister of
State administering this Act.".
Sub-section 83 (6)-
(a) Omit "of State for Administrative Services", substitute "for Sport,
Recreation and Tourism".
(b) Omit "of State" (last occurring).
Australian Bureau of Statistics Act 1975 Section 13-
Repeal the section.
Australian Capital Territory Electricity Supply Act 1962 Sub-sections 6 (4)
and (9) and 10 (4)-
Omit "of the Capital Territory".
Section 21-
Repeal the section.
Australian Capital Territory Supreme Court Act 1933 Heading to Schedules-
Omit the heading.
Australian Citizenship Act 1948 Paragraphs 15 (1) (a) and (b)-
Omit the paragraphs, substitute the following paragraphs:
"(a) in the case of a person-
(i) who, at any time after lodging an application for a certificate
of Australian citizenship (including a time after the grant of
the certificate), takes an oath of allegiance or makes an
affirmation of allegiance in the manner provided by this
section and in accordance with the appropriate form set out in
Schedule 2; and
(ii) to whom paragraph (b) does not apply-
on and after the day on which the certificate is granted or on which the
person takes such an oath or makes such an affirmation, whichever last occurs;
or
(b) in the case of a person-
(i) who has not attained the age of 16 years; or
(ii) to whom sub-section 13 (2) applies-
on and after the day on which the certificate is granted.".
Sub-sections 15 (2) and (3)-
Omit the sub-sections, substitute the following sub-sections:
"(2) The oath or affirmation of allegiance shall-
(a) be taken or made before any of the following persons:
(i) the Minister;
(ii) a Judge of a federal court who is an Australian citizen;
(iii) a Judge or Magistrate holding office under a law of a State or
Territory, being a Judge or Magistrate who is an Australian
citizen;
(iv) a person, or a person included in a class of persons, approved
in writing by the Minister for the purposes of this
sub-paragraph, being a person who is an Australian citizen; and
(b) if the Minister has made arrangements under section 41 for it to be
taken or made in public, be taken or made in accordance with those
arrangements unless the Minister otherwise permits in writing.
"(3) A person who has been granted a certificate of Australian citizenship
under sub-section 13 (9) by virtue of being the spouse of a person referred to
in sub-paragraph 13 (9) (d) (ii) shall not take the oath of allegiance, or
make the affirmation of allegiance, before the last-mentioned person has taken
such an oath or made such an affirmation.".
After sub-section 15 (4)-
Insert the following sub-section:
"(4A) The validity of an acquisition of Australian citizenship is not affected
by reason only that the oath of allegiance was not taken, or the affirmation
of allegiance was not made, before an Australian citizen.".
Australian Citizenship Amendment Act 1984 The Schedule-
Omit "Paragraph 24 (3) (c)" from the column headed "Provision amended",
substitute "Paragraph 25 (3) (c)".
Australian Film and Television School Act 1973 Section 45-
Repeal the section.
Australian Film Commission Act 1975 Section 27-
Repeal the section.
Australian Industry Development Corporation Act 1970 Paragraphs 11 (1) (c) and
(5) (a)-
Omit "Industry and Commerce", substitute "Industry, Technology and Commerce".
Section 21A-
Omit "Industry and Commerce" (wherever occurring), substitute "Industry,
Technology and Commerce".
Australian Institute of Aboriginal Studies Act 1964 Sub-section 21 (5)-
Omit the sub-section.
Australian Institute of Marine Science Act 1972 Section 30-
Repeal the section, substitute the following section: Acting Director
"30. (1) The Minister may appoint a person who has not attained the age of 65
years to act in the office of Director-
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the person holding the
office is absent from duty or from Australia or is, for any other
reason, unable to perform the functions of the office, but a person
appointed to act during a vacancy shall not continue so to act for
more than 12 months.
"(2) An appointment of a person under sub-section (1) may be expressed to have
effect only in such circumstances as are specified in the instrument of
appointment.
"(3) Where a person is acting in the office of Director in accordance with
paragraph (1) (b) and the office becomes vacant while the person is so acting,
then, subject to sub-section (2), the person may continue so to act until the
Minister otherwise directs, the vacancy is filled or a period of 12 months
from the day on which the vacancy occurred expires, whichever first happens.
"(4) The Minister may-
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting in the office of
Director; and
(b) terminate such an appointment at any time.
"(5) An appointment of a person under sub-section (1) ceases to have effect if
the person attains the age of 65 years or resigns the appointment by writing
signed by the person and delivered to the Minister.
"(6) While a person is acting in the office of Director, the person has and
may exercise all the powers, and shall perform all the functions, of the
Director.
"(7) The validity of anything done by or in relation to a person purporting to
act in the office of Director shall not be called in question on the ground
that the occasion for the appointment had not arisen, that there was a defect
or irregularity in or in connection with the appointment, that the appointment
had ceased to have effect or that the occasion for the person to act had not
arisen or had ceased.".
Paragraph 33 (2) (a)-
Omit the paragraph, substitute the following paragraph:
"(a) the person is an Australian citizen;".
Section 47-
Repeal the section.
Australian Meat and Live-stock Industry Selection Committee Act 19 Sub-section
21 (1)-
Omit "majority", substitute "number".
Australian National Airlines Act 1945 Section 18A-
Repeal the section.
Australian National Railways Commission Act 1983 Sub-section 79 (4)-
(a) Omit "of State for Administrative Services", substitute "for Sport,
Recreation and Tourism".
(b) Omit "of State" (last occurring).
Australian National University Act 1946 Section 34-
Repeal the section.
Australian Overseas Projects Corporation Act 1978 Sections 30 and 32-
Repeal the sections.
Australian Science and Technology Council Act 1979 Section 23-
Repeal the section.
Australian Security Intelligence Organization Act 1979 Section 16-
Repeal the section.
Sub-section 60 (2)-
Omit the sub-section, substitute the following sub-section:
"(2) Subject to this section, the Tribunal shall cause copies of its findings
to be given to the applicant, the Director-General, the Commonwealth agency to
which the assessment was furnished and the Attorney-General.".
Section 88-
Repeal the section.
Australian Shipping Commission Act 1956 Sub-section 47 (4)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation
and Tourism".
Australian Tourist Commission Act 1967 Section 25-
Omit "Division 3", substitute "Division 2".
Australian War Memorial Act 1980 Section 38-
Repeal the section.
Australian Wine and Brandy Corporation Act 1980 Section 31-
Repeal the section.
Bank Account Debits Tax Administration Act 1982 Sub-section 32 (2)-
Omit "tax" (first occurring), substitute " 'tax' ".
Bass Strait Freight Adjustment Levy Collection Act 1984 Section 6-
(a) Omit "and 160B", substitute", 160B and 161".
(b) Omit "and" from paragraph (b).
(c) Add at the end the following word and paragraph:
"; and (d) a reference in section 160B to the Minister were a reference to the
Minister administering the Bass Strait Freight Adjustment Levy Act 1984.".
Biological Control Act 1984 Sub-section 2 (1) (definitions of "agent
recommendation" and "agent organisms")-
Reverse the order of the definitions.
Sub-section 2 (1) (definitions of "target recommendation" and "target
organisms")-
Reverse the order of the definitions.
Sub-section 20 (2)-
Omit "sub-section (1)", substitute "sub-section 4 (1)".
Sub-section 26 (4)-
Add at the end "or kinds".
Sub-section 39 (1)-
Omit "he", substitute "a Commissioner".
Bounty (Berry Fruits) Act 1982 Sub-section 16 (2)-
Omit "of Industry and Commerce".
Bounty (Computers) Act 1984 Sub-section 5 (6)-
Omit "a reference", substitute "references".
Paragraph 6 (5) (b)-
Insert "or (6)" after "sub-section 21 (4)".
Sub-sections 17 (1) and (3)-
Omit "during" (wherever occurring), substitute "in respect of".
Bounty (Electric Motors) Act 1984 Section 6-
Omit all the words after "service" (first occurring), substitute the
following:
"provided, in relation to the motor by-
(a) the manufacturer, or a person employed by the manufacturer, otherwise
than at premises registered under section 22 in the name of the
manufacturer; or
(b) a person other than-
(i) the manufacturer; or
(ii) a person employed by the manufacturer,
not being a process or service consisting of design, research or development
carried out in Australia by or on behalf of the manufacturer".
Sub-section 19 (1)-
(a) Omit "section 16", substitute "section 18".
(b) Omit "during", substitute "in respect of".
Sub-section 19 (3)-
Omit "during" (wherever occurring), substitute "in respect of".
Bounty (Paper) Act 1979 Sub-section 3 (1) (paragraph (e) of the definition of
"bountiable uncoated paper")-
Omit "the one-minute Cobb method", substitute "the APPITA P411S-80 test as in
force from time to time".
Canberra College of Advanced Education Act 1967 Sub-section 20 (2)-
Omit the sub-section.
Canned Fruits Levy Act 1979 Paragraphs 5 (2) (a) and (b)-
Omit "his", substitute "the person's".
Paragraph 5 (2) (c)-
(a) Omit "him", substitute "the person".
(b) Omit "his", substitute "the person's".
Sub-section 5 (2)-
Omit "he" (wherever occurring), substitute "the authorized person".
Section 9-
Omit "him", substitute "the Minister".
Canned Fruits Levy Collection Act 1979 Sub-sections 5 (1) and (2)-
Omit "him", substitute "the person".
Sub-section 5 (4)-
Omit "he" (wherever occurring), substitute "the person".
Sub-sections 8 (3) and (5)-
Omit "he", substitute "the authorized person".
Section 9-
Omit "him", substitute "the Minister".
Section 10-
Omit "him", substitute "the authorized person".
Sub-section 11 (1)-
Omit "he", substitute "the person".
Sub-section 11 (2)-
(a) Omit "he", substitute "the person".
(b) Omit "him" (wherever occuring), substitute "the person".
Canned Fruits Marketing Act 1979 Sub-section 15 (1)-
Omit "him", substitute "the canner".
Sub-section 19 (3)-
Omit "him", substitute "the person".
Paragraph 27 (2) (b)-
Omit "his", substitute "the member's".
Sub-section 29 (9)-
Omit "member", substitute "person".
Section 33-
Repeal the section.
Sub-section 40 (4)-
Omit "he", substitute "the Chairperson".
Sub-section 50 (1)-
Omit "he", substitute "the person".
Section 52-
Omit "his" (wherever occurring), substitute "the person's".
Sub-section 53 (5)-
Omit "he", substitute "the authorized person".
Section 58-
(a) Omit "of Primary Industry".
(b) Omit "that", substitute "the".
(c) Omit "him", substitute "the Secretary".
Section 62-
Repeal the section.
Section 68-
(a) Omit "of Primary Industry".
(b) Omit "that", substitute "the".
(c) Omit "him", substitute "the Secretary".
Section 69-
Repeal the section.
Canned Fruits Marketing Amendment Act 1984 Schedule 2-
Omit "him" from the amendment of sub-section 13 (3) set out in the column
headed "Omit-", substitute "him (wherever occurring)".
Christmas Island Act 1958 Section 15-
Repeal the section.
Section 16-
Omit "sections 15 and 15A", substitute "section 15A".
Sub-section 17 (2)-
Omit the sub-section.
Cocos (Keeling) Islands Act 1955 Sub-section 6 (3)-
Omit "The preceding provisions of this section", substitute "Sub-sections (1)
and (2)".
Section 14-
Repeal the section.
Section 15-
Omit "sections 14 and 14A", substitute "section 14A".
Sub-section 15A (1)-
Omit "Public Service Act 1922-1958", substitute "Public Service Act 1922".
Sub-section 15A (2)-
Omit the sub-section.
Sub-section 15A (3)-
Omit "Public Service Act 1922-1958", substitute "Public Service Act 1922".
Section 16-
Repeal the section, substitute the following section: Sittings of courts, &c.
"16. (1) Provision may be made by Ordinance for and in relation to-
(a) sittings in Australia outside the Territory of a Territory court for
the purpose of hearing and determining a matter, otherwise than in the
exercise of its criminal jurisdiction, if the court is satisfied that
the hearing of the matter outside the Territory is not contrary to the
interests of justice;
(b) the establishment and operation at places in Australia outside the
Territory of registries of Territory courts; and
(c) where a power or duty is conferred or imposed by law on a person who
holds an office in relation to a Territory court-the exercise of the
power, or the performance of the duty, at places in Australia outside
the Territory.
"(2) A reference in sub-section (1) to a Territory court is a reference to a
court having jurisdiction in the Territory.".
Cocos (Keeling) Islands Self-Determination (Consequential Amendments) Act
1984 Section 10-
Omit " '16A' ", substitute " '16B' ".
Commonwealth Employees (Redeployment and Retirement) Act 1979 Sub-paragraph 29
(1) (d) (iii)-
Omit the sub-paragraph, substitute the following paragraph:
"(iii) persons who are employed under section 42 of the Naval Defence Act
1910;".
Commonwealth Grants Commission Act 1973 Sub-section 8 (7)-
Omit the sub-section.
Commonwealth Schools Commission Act 1973 Section 11-
Repeal the section.
Commonwealth Serum Laboratories Act 1961 Sub-section 26 (4)-
Omit the sub-section.
Commonwealth Tertiary Education Commission Act 1977 Section 17-
Repeal the section.
Conciliation and Arbitration Act 1904 Sub-section 133AB (2)-
Omit "organisation", substitute "organization".
Sub-section 158AHA (6) (definition of "relevant branch")-
Add at the end "not being, in relation to a particular financial year, a part
of the organization in relation to which a certificate has been issued under
sub-section 158AN (1) in relation to that year".
After section 158AM-
Insert the following section in Part VIIIAA: Accounts and audit where income
of organization less than specified amount
"158AN. (1) If, upon the application of an organization made after the end of
a financial year, the Registrar is satisfied that the income of the
organization for that year did not exceed $10,000 or, in the case of a
financial year that, in pursuance of sub-section 158AA (2), is a period other
than 12 months, did not exceed such amount as the Registrar considers
appropriate in the circumstances, the Registrar shall issue to the
organization a certificate to that effect, and, where such a certificate is
issued in respect of an organization in relation to a financial year-
(a) the following provisions of this section apply in relation to the
organization in relation to that financial year;
(b) except as provided in paragraph (c), the provisions of this Part
continue to apply in relation to the organization in relation to that
financial year; and
(c) the provisions of sections 158AD and 158AG (other than sub-sections
(5), (6) and (7) of section 158AG) and sub-section 158AH (1) do not
apply in relation to the organization in relation to that financial
year.
"(2) The provisions of this Part (other than this section) apply to the
organization in relation to the financial year as if-
(a) a reference to accounts and statements prepared or to be prepared in
accordance with section 158AD were a reference to accounts and
statements prepared in accordance with sub-section (3) of this
section;
(b) the reference in sub-section 158ADA (3) to accounts prepared in
accordance with section 158AD were a reference to accounts prepared in
accordance with sub-section (3) of this section;
(c) the reference in sub-section 158AG (5) to sub-section 158AG (4A) or
(4B) were a reference to sub-section (5) of this section;
(d) the reference in sub-section 158AG (6) to sub-section 158AG (1) were a
reference to sub-section (5) of this section; and
(e) the reference in sub-sections 158AH (2), (3) and (4) to sub-section
158AH (1) were a reference to sub-section (8) of this section.
"(3) As soon as practicable after the issue of the certificate under
sub-section (1), the organization shall cause to be prepared from the
accounting records kept by the organization in accordance with sub-section
158AC (1), in respect of the financial year, such accounts and other
statements in respect of the financial year as are prescribed, and shall
include in the accounts so prepared the relevant figures from the accounts
prepared by the organization, in accordance with this sub-section or
sub-section 158AD (1), whichever is applicable, in respect of the preceding
financial year.
Penalty: $1,000.
"(4) The regulations may make provision for and in relation to the giving of
certificates in, or in relation to, accounts or other statements prepared in
accordance with sub-section (3).
"(5) After the making to the organization of the report of the auditor under
section 158AF with respect to the auditor's inspection and audit of the
accounting records kept by the organization in respect of the financial year
and before the end of the financial year immediately following that financial
year, the organization shall cause a copy of that report, together with copies
of the accounts and statements prepared in accordance with sub-section (3) to
which that report relates, to be presented to a meeting of the members of the
organization.
"(6) An organization shall supply free of charge a copy of the report,
accounts and statements referred to in sub-section (5) to any member of the
organization who so requests.
"(7) An organization that has not supplied the report, accounts and statements
referred to in sub-section (5) to a member of the organization within 14 days
after the receipt by the organization of a request by the member made in
pursuance of sub-section (6) (in this sub-section referred to as the 'relevant
period') is guilty of an offence against that sub-section punishable, upon
conviction, by a fine not exceeding $500 plus $50 for each completed week of
the period commencing on the expiration of the relevant period and ending on-
(a) if the organization supplied the documents to which the offence
relates before the day on which the organization is convicted-the day
on which the documents were so supplied; or
(b) in any other case-the day on which the organization is convicted.
"(8) The organization shall, within 90 days (or such longer period as the
Registrar allows) after the making to the organization of the report under
section 158AF, file with the Registrar copies of the report and the accounts
and statements referred to in sub-section (5) of this section together with a
certificate by the Secretary, or other prescribed officer, of the organization
that the information contained in the accounts and statements is correct.".
Conciliation and Arbitration Amendment Act 1984 Paragraph 6 (1) (c)-
Omit " 'organisation' ", substitute " 'organization' ".
Consular Privileges and Immunities Act 1972 Sub-section 3 (1) (definition of
"Australian citizen")-
Omit "Citizenship Act 1948-1969", substitute "Australian Citizenship Act
1948".
After the definition of "Australian citizen" in sub-section 3 (1)-
Insert the following definition:
" 'Convention' means the Vienna Convention on Consular Relations, a copy of
the English text of which is set out in the Schedule;".
Sub-section 3 (1) (definition of "the Convention")-
Omit the definition.
Paragraph 5 (2) (c)-
Omit "Police Force", substitute "police force".
Paragraph 5 (2) (d)-
Omit "five", substitute "5".
Paragraph 5 (2) (f)-
Omit "1963-1966", substitute "1963".
Paragraph 5 (2) (g)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Paragraph 5 (2) (m)-
Omit "1967-1972", substitute "1967".
Sub-section 5 (3)-
Omit "of this section" (wherever occurring).
Sub-section 5 (4)-
(a) Omit "1936-1972", substitute "1936".
(b) Omit "and of the Income Tax Ordinance 1959 of Papua New Guinea as
amended and in force at any time".
(c) Omit "the first day of July, One thousand nine hundred and
seventy-two", substitute "1 July 1972".
Sub-section 5 (5)-
Omit "1903-1969", substitute "1903".
Sub-section 6 (1)-
Omit "the last preceding section", substitute "section 5".
Paragraph 6 (1) (a) and sub-paragraph 6 (1) (b) (i)-
Omit "1901-1971", substitute "1901".
Paragraph 6 (2) (a)-
(a) Omit "1901-1971", substitute "1901".
(b) Omit "the last preceding section", substitute "section 5".
Sub-section 7 (1)-
(a) Omit "of this section".
(b) Omit "1921-1972", substitute "Act 1921".
Paragraph 7 (1) (c)-
Omit "the last preceding paragraph", substitute "paragraph (b)".
Sub-section 7 (2)-
Omit "1921-1972", substitute "Act 1921".
Paragraph 7 (2) (a)-
Omit "(a) of the last preceding sub-section", substitute "(1) (a)".
Sub-sections 7 (3) and (4)-
Omit "of this section".
Paragraph 7 (4) (a)-
Omit "two", substitute "2".
Sub-section 8 (1)-
(a) Omit "1930-1970" (wherever occurring), substitute "1930".
(b) Omit "the last preceding section", substitute "section 7".
(c) Omit "1921-1972", substitute "Act 1921".
Sub-section 8 (2)-
(a) Omit "The last preceding sub-section", substitute "Sub-section (1)".
(b) Omit "(1) of the last preceding section", substitute "7 (1)".
Sub-section 8 (3)-
Omit "of this section".
Paragraph 8 (3) (a)-
Omit "two", substitute "2".
Paragraph 9 (1) (a)-
Omit "1967-1972", substitute "1967".
Sub-paragraph 9 (1) (b) (i)-
(a) Omit "the last preceding paragraph", substitute "paragraph (a)".
(b) Omit "1967-1972", substitute "1967".
Sub-paragraph 9 (1) (b) (ii)-
Omit "the last preceding sub-paragraph", substitute "sub-paragraph (i)".
Sub-paragraph 9 (1) (b) (iii)-
Omit "either of the last two preceding sub-paragraphs", substitute
"sub-paragraph (i) or (ii)".
Sub-paragraph 9 (1) (c) (i)-
Omit "(i) of the last preceding paragraph", substitute "(b) (i)".
Sub-paragraph 9 (1) (c) (ii)-
Omit "the last preceding sub-paragraph", substitute "sub-paragraph (i)".
Sub-paragraph 9 (1) (d) (i)-
Omit "(i) of paragraph (b) of this sub-section", substitute "(b) (i)".
Sub-paragraph 9 (1) (d) (ii)-
Omit "the last preceding sub-paragraph", substitute "sub-paragraph (i)".
Sub-paragraph 9 (1) (e) (i)-
Omit "(i) of paragraph (b) of this sub-section", substitute "(b) (i)".
Sub-section 9 (2)-
Omit "(a) of the last preceding sub-section", substitute "(1) (a)".
Paragraph 9 (2) (c)-
Omit "the last preceding paragraph", substitute "paragraph (b)".
Paragraph 9 (2) (d)-
Omit "either of the last two preceding paragraphs", substitute "paragraph (b)
or (c)".
Paragraph 9 (2) (e)-
Omit "or paragraph (c) of this sub-section", substitute "or (c)".
After section 12-
Insert the following section: Delegation
"12A. (1) The Minister for Industry, Technology and Commerce may, either
generally or as otherwise provided by the instrument of delegation, by writing
signed by that Minister, delegate to a person all or any of that Minister's
powers under this Act, other than this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister for
Industry, Technology and Commerce.
"(3) A delegation under this section does not prevent the exercise of a power
by the Minister for Industry, Technology and Commerce.".
Heading to Schedule-
Omit "THE SCHEDULE", substitute "SCHEDULE".
Copyright Act 1968 Sub-sections 135 (6), (10) and (11)-
Omit "Industry and Commerce", substitute "Industry, Technology and Commerce".
Coral Sea Islands Act 1969 Section 3-
Omit "to this Act:".
Sub-sections 7 (1), (2) and (3)-
Omit "fifteen" (wherever occurring), substitute "15".
Sub-section 7 (4)-
(a) Omit "fifteen", substitute "15".
(b) Omit "the last two preceding sub-sections", substitute "sub-sections
(2) and (3)".
Sub-section 7 (6)-
Omit "six", substitute "6".
Crimes (Overseas) Act 1964 After the definition of "Commonwealth officer" in
section 3-
Insert the following definition:
" 'non-citizen' means a person who is not an Australian citizen;".
Section 3 (definition of "person to whom this Act applies")-
Omit "British subject", substitute "non-citizen".
Criminology Research Act 1971 Section 24-
Repeal the section.
Dairy Produce Act 1924 Section 29A-
Repeal the section.
Defence Act 1903 Section 12-
Repeal the section.
After paragraph 58B (1) (c)-
Insert the following paragraph:
"(ca) the making of allotments of remuneration by members and the suspension,
variation and cancellation of allotments of remuneration made by members;".
Sub-section 58B (3)-
Omit the sub-section, substitute the following sub-section:
"(3) A determination shall not be made providing for or in relation to the
forfeiture or assignment of the whole or part of-
(a) the remuneration of a member or cadet; or
(b) allowances or other pecuniary benefits referred to in paragraph (1)
(b) or (c).".
Section 116ZA-
Omit "The Governor-General may make arrangements with the Governor of a State
or the Administrator of a Territory", substitute "The Minister may make
arrangements with a Minister of a State or Territory".
Before section 118-
Insert the following section in Part X: Members and former members may bring
actions for money due in respect of service
"117B. A person who is or has been a member of the Defence Force may recover
from the Commonwealth, by action in a court of competent jurisdiction, money
due to the person by the Commonwealth in respect of the person's service as a
member of the Defence Force.".
Sub-section 120A (4)-
Omit "48, 48A, 50 and 50B", substitute "46, 48, 48A, 50, 50B and 123A".
Sub-sections 120A (4A) and (4B)-
Omit "section 50B", substitute "sections 50B and 123A".
After section 120A-
Insert the following section: Attachment of salaries of members
"120B. (1) Where judgment has been given by a court against a member for the
payment of a sum of money, the person in whose favour judgment was given (in
this section referred to as the 'judgment creditor') may serve on a paying
officer-
(a) a copy of the judgment, certified under the hand of the Registrar or
other appropriate officer of the court; and
(b) a statutory declaration that-
(i) states that the judgment has not been satisfied by the member;
and
(ii) sets out the amount then due by the member under the judgment.
"(2) The paying officer shall, as soon as practicable after service of the
copy of the judgment and the statutory declaration, by notice in writing given
to the member-
(a) inform the member of the service on the paying officer of the copy of
the judgment and the statutory declaration; and
(b) require the member-
(i) to inform the paying officer, in writing, within the time
specified for the purpose in the notice, whether the judgment
has been satisfied; and
(ii) if-
(A) the member claims the judgment has been satisfied, to
furnish evidence in support of the claim; or
(B) the member admits that the judgment has not been
satisfied, to state the amount then due under the
judgment.
"(3) If the member-
(a) fails, within the time specified for the purpose in the notice, to
satisfy the paying officer that the judgment has been satisfied; or
(b) admits that the judgment has not been satisfied, the paying officer
shall, subject to sub-section (13), in relation to each pay-day of the
member, cause to be deducted from the salary payable to the member on
the pay-day an amount equal to the normal deduction in relation to the
member in relation to the pay-day or such lesser amount as is, in the
opinion of the paying officer, sufficient to satisfy the amount then
due under the judgment.
"(4) There is payable to the Commonwealth, by the judgment creditor, an
administration fee, at the prescribed rate, in respect of each amount deducted
pursuant to sub-section (3).
"(5) The paying officer shall, subject to sub-section (6), cause an amount
equal to each amount deducted pursuant to sub-section (3) to be paid to the
judgment creditor.
"(6) Where an amount is deducted pursuant to sub-section (3) and the whole or
part of the administration fee payable in respect of the amount has not been
paid by the judgment creditor, the paying officer shall-
(a) apply, in or towards payment of the administration fee, the amount of
the deduction or so much of the amount of the deduction as is equal to
the administration fee; and
(b) if the whole of the amount of the deduction is not applied in
accordance with paragraph (a), pay an amount equal to the balance to
the judgment creditor.
"(7) Upon the application under sub-section (6) of an amount (in this
sub-section referred to as the 'relevant amount') in or towards payment of the
administration fee payable in respect of an amount deducted pursuant to
sub-section (3) from the salary payable to the member on a pay-day-
(a) the judgment creditor shall be deemed to have paid the relevant amount
to the Commonwealth in satisfaction or partial satisfaction, as the
case requires, of the administration fee;
(b) an amount equal to the relevant amount shall be deemed to have been
paid by the Commonwealth to the member on account of the salary
payable to the member on the pay-day; and
(c) an amount equal to the relevant amount shall also be deemed to have
been paid by the member to the judgment creditor in relation to the
judgment.
"(8) Upon payment being made to the judgment creditor pursuant to sub-section
(5) or (6) of an amount (in this sub-section referred to as the 'relevant
amount') in relation to an amount deducted pursuant to sub-section (3) from
the salary payable to the member on a pay-day-
(a) an amount equal to the relevant amount shall be deemed to have been
paid by the Commonwealth to the member on account of the salary
payable to the member on the pay-day; and
(b) an amount equal to the relevant amount shall also be deemed to have
been paid by the member to the judgment creditor in relation to the
judgment.
"(9) When the judgment has been satisfied, the judgment creditor shall
forthwith notify the paying officer accordingly.
Penalty: $500 or imprisonment for 3 months.
"(10) If the amounts deemed, by virtue of paragraphs (7) (c) and (8) (b), to
have been paid by the member to the judgment creditor exceed, in the
aggregate, the amount due under the judgment, the excess is repayable by the
judgment creditor to the member, and, in default of repayment, may be
recovered, by action in a court of competent jurisdiction, as a debt due by
the judgment creditor to the member.
"(11) Where, in relation to an amount deducted pursuant to sub-section (3)
from the salary payable to the member on a pay-day, an amount is, by virtue of
paragraph (7) (c), deemed to have been paid by the member to the judgment
creditor and an amount is, by virtue of paragraph (8) (b), deemed to have been
paid by the member to the judgment creditor, then, for the purposes of
sub-section (10), the last-mentioned amount shall be deemed to have been paid
after the second-mentioned amount.
"(12) If the member ceases to be a member before the paying officer is
notified that the judgment has been satisfied, the paying officer shall
forthwith inform the judgment creditor, in writing, of the fact that the
member has ceased to be a member and the date on which the member ceased to be
a member.
"(13) If the paying officer is satisfied that the deduction of the amount that
the paying officer would, but for this sub-section, be required to deduct from
the salary payable to the member on a pay-day would cause severe hardship to
the member, the paying officer may deduct a lesser amount in relation to the
pay-day.
"(14) Where copies of more than one judgment, and statutory declarations in
relation to those judgments, are served under sub-section (1) in relation to a
member, the judgments shall be dealt with under this section in the order in
which copies of the judgments are served under that sub-section.
"(15) Sub-sections (1) to (14) (inclusive) do not apply to a member-
(a) who is a bankrupt; or
(b) in relation to whom a deed of assignment, a deed of arrangement or a
composition is in force under the Bankruptcy Act 1966.
"(16) In this section-
'net salary', in relation to a member in relation to a pay-day, means the
amount of salary payable by the Commonwealth to the member on the pay-day
after deductions have been made-
(a) pursuant to Division 2 of Part VI of the Income Tax Assessment Act
1936;
(b) pursuant to Part III of the Defence Force Retirement and Death
Benefits Act 1973; and
(c) for purposes prescribed for the purpose of this paragraph;
'member' means a member of the Defence Force rendering continuous full-time
service;
'normal deduction', in relation to a member in relation to a pay-day, means an
amount equal to 20% of the net salary of the member in relation to the pay-day
or such greater amount as the member notifies a paying officer, in writing,
should be the normal deduction for the purposes of this section in relation to
the pay-day;
'pay-day', in relation to a member, means a day on which salary is payable to
the member;
'paying officer' means an officer of the Australian Public Service performing
duties in the Department who is appointed by the Secretary, in writing, to be
a paying officer for the purposes of this section;
'salary', in relation to a member, means any money payable by the Commonwealth
to the member by way of salary, and includes any money payable by the
Commonwealth to the member by way of an allowance prescribed for the purposes
of this definition, but does not include any money payable to the member by
way of a weekly payment of compensation under the Compensation (Commonwealth
Government Employees) Act 1971.".
Section 123A-
Omit "or by an officer authorized by that chief of staff" (wherever
occurring).
Paragraphs 123A (e) and (f)-
Re-letter paragraphs (e) and (f) as paragraphs (d) and (e) respectively.
Paragraph 124 (1) (d)-
Omit the paragraph.
Paragraph 147A (1) (a)-
Omit "British subjects", substitute "Australian citizens".
Section 148A-
Repeal the section.
Defence Force Discipline Act 1982 After section 86-
Insert the following section: Oaths, affirmations and affidavits
"86A. (1) An authorized officer may administer oaths and affirmations for the
purposes of this Part.
"(2) The forms of oaths and affirmations administered by an authorized officer
for the purposes of this Part shall be as prescribed.
"(3) An affidavit to be used for the purposes of this Part may be sworn before
an authorized officer.
"(4) This section shall not be taken to limit by implication the persons who
may administer oaths and affidavits for the purposes of this Part or before
whom affidavits to be used for the purposes of this Part may be sworn.".
After section 101-
Insert the following section in Division 1 of Part VI: Oaths, affirmations and
affidavits
"101AA. (1) An authorized officer may administer oaths and affirmations for
the purposes of this Part.
"(2) The forms of oaths and affirmations administered by an authorized officer
for the purposes of this Part shall be as prescribed.
"(3) An affidavit to be used for the purposes of this Part may be sworn before
an authorized officer.
"(4) This section shall not be taken to limit by implication the persons who
may administer oaths and affidavits for the purposes of this Part or before
whom affidavits to be used for the purposes of this Part may be sworn.".
Sub-section 111 (1)-
Insert "or in relation to a class of cases in which the particular case is
included" after "particular case".
Sub-section 151 (4)-
Omit "an appropriate legal officer", substitute "a legal officer".
Sub-section 151 (6)-
Omit the sub-section.
Sub-section 154 (1)-
Omit the sub-section, substitute the following sub-section:
"(1) A reviewing authority shall not commence a review without first obtaining
a report on the proceedings from-
(a) in the case of a conviction, or a direction given under sub-section
145 (2) or (5), by a court martial or Defence Force magistrate-a legal
officer appointed, by instrument in writing, for the purposes of this
section by a chief of staff on the recommendation of the Judge
Advocate General; or
(b) in any other case-a legal officer.".
Section 175-
Insert ", or an officer of the Australian Public Service performing duties in
the Department," after "an authorized officer" (wherever occurring).
Sub-section 185 (3)-
Omit "This section has", substitute "Sub-sections (1) and (2) have".
Defence Force Discipline Appeals Act 1955 Heading to Part II-
Omit the heading, substitute the following heading:
"PART II-DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL".
Section 13-
Repeal the section.
Defence Legislation Amendment Act 1984 Schedule 2, proposed amendment of
sub-section 92 (1) of the Defence Force
Retirement and Death Benefits Act 1973-
Omit "pay on" from the column headed "Omit (wherever occuring)".
Schedule 3, proposed amendment of sub-section 4 (4) of the Defence Forces
Retirement Benefits Act 1948-
Opposite the reference to "(b) 'thirty-six of this Act' ", insert "36" in the
column headed "Substitute".
Defence (Re-establishment) Act 1965 Section 46A (definition of "Secretary")
and section 49A (definition of "Secretary")-
Omit "Social Security", substitute "Community Services".
Defence (Special Undertakings) Act 1952 Section 4 (definition of "constable")-
Omit "Police Force", substitute "police force".
Sub-section 7 (2)-
Omit "The last preceding sub-section", substitute "Sub-section (1)".
Sub-section 9 (1)-
Omit "eleven of this Act", substitute "11".
Section 9-
Omit "seven", substitute "7".
Sub-section 11 (4)-
Omit "seven", substitute "7".
Sub-section 11 (5)-
Omit "two", substitute "2".
Section 12-
(a) Omit "the last preceding section", substitute "11".
(b) Omit "two", substitute "2".
Section 13-
Omit "seven", substitute "7".
Section 14-
Omit "Penalty: Imprisonment for two years.", substitute "Penalty for
contravention of this sub-section: Imprisonment for 2 years.".
Sub-section 15 (1)-
(a) Omit "the last preceding section", substitute "section 14".
(b) Omit "not".
(c) Insert "not" after "deemed".
(d) Omit "Rules Publication Act 1903-1939", substitute "Statutory Rules
Publication Act 1903".
Sub-section 15 (2)-
Omit the sub-section, substitute the following sub-section:
"(2) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and
sub-section (2)), 49, 49A and 50 of the Acts Interpretation Act 1901 apply in
relation to orders made under section 14 as if in those provisions references
to regulations were references to such orders, references to a regulation were
references to such an order and references to a repeal were references to a
revocation.".
Sub-section 15 (3)-
(a) Omit "1901-1950", substitute "1901".
(b) Omit "the last preceding section", substitute "section 14 of this
Act".
(c) Omit "forty-six", substitute "46".
Sub-section 15 (4)-
Omit "the last preceding section", substitute "section 14".
Sections 16 and 17-
Omit "two", substitute "2".
Section 18-
(a) Omit "eleven of this Act", substitute "11".
(b) Omit "nine of this Act", substitute "9".
Section 19-
Omit "Director-General of Civil Aviation", substitute "Secretary to the
Department of Aviation".
Sub-section 20 (2)-
Omit "in pursuance of the last preceding sub-section", substitute "pursuant to
sub-section (1)".
Section 21-
Omit "fourteen of this Act", substitute "14".
Section 23-
Omit "Penalty: Imprisonment for two years.", substitute "Penalty for
contravention of this sub-section: Imprisonment for 2 years.".
Section 24-
Omit "two", substitute "2".
Section 27-
Omit "1947", substitute "1947".
Section 29-
Repeal the section, substitute the following section: Punishment of offences
"29. (1) An offence against this Act is an indictable offence and, subject to
sub-sections (2) and (3), is punishable on conviction by a penalty not
exceeding the penalty provided by this Act in respect of the offence.
"(2) Notwithstanding that an offence against this Act is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against this Act, the penalty
that the court may impose is a fine not exceeding $1,000 or imprisonment for a
period not exceeding 6 months, or both.".
Section 31-
Omit "Penalty: Imprisonment for five years.", substitute "Penalty for
contravention of this sub-section: Imprisonment for 5 years.".
Section 32-
Omit "six", substitute "6".
Designs Act 1906 Section 36-
Omit "Three years' imprisonment", substitute "$5,000 or imprisonment for 2
years, or both".
Sub-section 40F (2)-
Omit all the words after "sub-section (1).", substitute the following:
"Penalty:
(a) in the case of a natural person-$5,000 or imprisonment for 2 years, or
both; or
(b) in the case of a body corporate-$25,000.".
Sub-section 42B (1)-
Add at the foot the following:
"Penalty: $1,000 or imprisonment for 6 months, or both.".
Sub-section 42B (2)-
Omit "Penalty: $100.", substitute the following:
"Penalty for contravention of this sub-section:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months,
or both; or
(b) in the case of a body corporate-$5,000.".
Section 42C-
Omit "$100", substitute "$1,000 or imprisonment for 6 months, or both".
Sub-section 45 (1)-
Omit "Penalty: $200.", substitute the following:
"Penalty:
(a) in the case of a natural person-$1,000; or
(b) in the case of a body corporate-$5,000.".
After section 45-
Insert the following section: Certain offences indictable
"45A. (1) An offence against section 36 or sub-section 40F (2) is an
indictable offence.
"(2) Notwithstanding that an offence against section 36 or sub-section 40F (2)
is an indictable offence, a court of summary jurisdiction may hear and
determine proceedings in respect of such an offence if the court is satisfied
that it is proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against section 36, the penalty
that the court may impose is a fine not exceeding $2,000 or imprisonment for a
period not exceeding 12 months, or both.
"(4) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against sub-section 40F (2), the
penalty that the court may impose is-
(a) if the person is a natural person, a fine not exceeding $1,000 or
imprisonment for a period not exceeding 6 months, or both; or
(b) if the person is a body corporate, a fine not exceeding $5,000.".
Diplomatic Privileges and Immunities Act 1967 After the definition of
"Australian citizen" in sub-section 4 (1)-
Insert the following definition:
" 'Convention' means the Vienna Convention on Diplomatic Relations, a copy of
the English text of which is set out in the Schedule;".
Sub-section 4 (1) (definition of "the Convention")-
Omit the definition.
Sub-section 7 (4)-
Omit "as amended and in force at any time".
Sub-sections 9 (1) and 10 (1)-
Omit "1921", substitute "Act 1921".
After section 14-
Insert the following section: Delegation
"14A. (1) The Minister for Industry, Technology and Commerce may, either
generally or as otherwise provided by the instrument of delegation, by writing
signed by that Minister, delegate to a person all or any of that Minister's
powers under this Act, other than this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister for
Industry, Technology and Commerce.
"(3) A delegation under this section does not prevent the exercise of a power
by the Minister for Industry, Technology and Commerce.".
Heading to Schedule-
Omit "THE SCHEDULE", substitute "SCHEDULE".
Environment Protection (Alligator Rivers Region) Act 1978 Section 15-
Repeal the section.
Estate Duty Assessment Act 1914 Sub-section 3 (1) (definition of
"Administrator")-
Omit " 'Administrator' ", substitute " 'administrator' ".
Sub-section 3 (1) (definition of "Adopted Child")-
Omit " 'Adopted Child' ", substitute " 'adopted child' ".
Sub-section 3 (1) (definition of "Board of Review")-
Omit "or under that Act as amended".
Sub-section 3 (1) (definition of " 'Child' or 'Children' ")-
Omit " 'Child' or 'Children' ", substitute " 'child' ".
After the definition of " 'Child' or 'Children' " in sub-section 3 (1)-
Insert the following definition:
" 'Commissioner' means the Commissioner of Taxation;".
Sub-section 3 (1) (definition of "Debts")-
Omit " 'Debts' ", substitute " 'debts' ".
Sub-section 3 (1) (definition of "Duty")-
Omit " 'Duty' ", substitute " 'duty' ".
Sub-section 3 (1) (definition of "Estate")-
Omit " 'Estate' ", substitute " 'estate' ".
Sub-section 3 (1) (definition of "Gift inter vivos")-
Omit " 'Gift inter vivos' ", substitute " 'gift inter vivos' ".
Sub-section 3 (1) (definition of "Member of the family")-
Omit " 'Member of the family' ", substitute " 'member of the family' ".
Sub-section 3 (1) (definition of "Settlement")-
Omit " 'Settlement' ", substitute " 'settlement' ".
Sub-section 3 (1) (definition of "Supreme Court")-
Omit "a" (first occurring), substitute "the".
Sub-section 3 (1) (definition of "The Commissioner")-
Omit the definition.
Sub-section 3 (2)-
Omit " 'Member of the family' ", substitute " 'member of the family' ".
Section 4-
Omit ", subject to the control of the Minister,".
Paragraph 8 (4) (a)-
Omit "three years" (wherever occurring), substitute "3 years".
Paragraph 8 (4) (b)-
Omit "three", substitute "3".
Paragraph 8 (4) (c)-
Omit "three", substitute "3".
Sub-section 8 (4A)-
(a) Omit "paragraph (f) of the last preceding sub-section", substitute
"paragraph (4) (f)".
(b) Omit "three per centum", substitute "3%".
Sub-paragraph 8 (5) (c) (i)-
Omit "the last preceding paragraph", substitute "paragraph (b)".
Paragraph 8 (6) (a)-
Omit ", or of that Act as amended and in force at any time".
Sub-section 8AA (1) (paragraph (b) of the definition of "civilian accompanying
the United States Forces")-
Omit "Government of the Commonwealth", substitute "Australian Government".
After the definition of "foreign employee" in sub-section 8AA (1)-
Insert the following definitions:
" 'Joint Defence Space Research Facility' means the undertaking the
establishment of which is provided for by an agreement dated 9 December 1966
between the Government of Australia and the Government of the United States of
America;
'North West Cape naval communication station' means the naval communication
station the establishment of which is provided for by the agreement approved
by the United States Naval Communication Station Agreement Act 1963;".
Sub-section 8AA (1) (paragraph (b) of the definition of "prescribed
contract")-
Omit "the last preceding paragraph", substitute "paragraph (a)".
Sub-section 8AA (1) (paragraph (b) of the definition of "prescribed
purposes")-
Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 8AA (1) (definitions of "the Joint Defence Space Research
Facility", "the North West Cape naval communication station" and "the United
States Forces")-
Omit the definitions.
Sub-section 8AA (1)-
Add at the end the following definition:
" 'United States Forces' means the armed forces of the Government of the
United States of America.".
Sub-section 8AA (2)-
Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 8AA (4)-
Omit "The last preceding sub-section", substitute "Sub-section (3)".
Paragraph 8A (1) (b)-
Omit "five", substitute "5".
Paragraph 8A (3) (a)-
(a) Omit "one", substitute "1".
(b) Omit "fifty per centum", substitute "50%".
Paragraph 8A (3) (b)-
(a) Omit "one", substitute "1".
(b) Omit "two", substitute "2".
(c) Omit "forty per centum", substitute "40%".
Paragraph 8A (3) (c)-
(a) Omit "two", substitute "2".
(b) Omit "three", substitute "3".
(c) Omit "thirty per centum", substitute "30%".
Paragraph 8A (3) (d)-
(a) Omit "three", substitute "3".
(b) Omit "four", substitute "4".
(c) Omit "twenty per centum", substitute "20%".
Paragraph 8A (3) (e)-
(a) Omit "four", substitute "4".
(b) Omit "five", substitute "5".
(c) Omit "ten per centum", substitute "10%".
Sub-paragraph 8A (4) (a) (ii)-
Omit "(4) of section 8", substitute "8 (4)".
Paragraph 8A (4) (b)-
Omit "(f) of sub-section (4) of section 8", substitute "8 (4) (f)".
Paragraph 8A (5) (c)-
Omit "(6) or sub-section (7) of section 8", substitute "8 (6) or (7)".
Paragraph 8A (5) (d)-
Omit "(6) or sub-section (7) of section 8", substitute "8 (6) or (7)".
Sub-section 9 (1)-
(a) Omit "three", substitute "3".
(b) Omit "Five thousand pounds" (wherever occurring), substitute
"$10,000".
Sub-section 9 (1A)-
Omit "three", substitute "3".
Sub-section 9 (1B)-
(a) Omit "1956-1962", substitute "1956".
(b) Omit "three", substitute "3".
Sub-section 9 (2)-
Omit "any of the preceding provisions of this section", substitute
"sub-section (1), (1A) or (1B)".
Sub-section 9 (3)-
(a) Omit "1920-1962" (wherever occurring), substitute "1920".
(b) Omit "1956-1962", substitute "1956".
Paragraph 9 (4) (a)-
Omit "1920-1962", substitute "1920".
Paragraph 9 (4) (b)-
Omit "1956-1962", substitute "1956".
Sub-section 9A (1) (sub-paragraph (b) (ii) of the definition of "family
company")-
Omit "five per centum", substitute "5%".
Sub-section 9A (1) (paragraph (b) of the definition of "gross farm income")-
(a) Omit "the last preceding paragraph", substitute "paragraph (a)".
(b) Omit "that paragraph", substitute "paragraph (a)".
Sub-section 9A (1) (definition of "gross income")-
(a) Omit "the last preceding paragraph", substitute "paragraph (a)".
(b) Omit "that paragraph", substitute "paragraph (a)".
Sub-section 9A (1) (definition of "income")-
Omit "1936-1969", substitute "1936".
Sub-section 9A (1) (paragraph (e) of the definition of "relative")-
Omit "the last preceding paragraph", substitute "paragraph (d)".
Sub-section 9A (1) (paragraph (f) of the definition of "relative")-
Omit "any of the last three preceding paragraphs", substitute "paragraph (c),
(d) or (e)".
Sub-section 9A (1) (paragraph (a) of the definition of "year of income")-
(a) Omit "the next succeeding paragraph", substitute "paragraph (b)".
(b) Omit "twelve", substitute "12".
Sub-section 9A (1) (paragraph (b) of the definition of "year of income")-
(a) Omit "1936-1969", substitute "1936".
(b) Omit "twelve" (wherever occurring), substitute "12".
Sub-section 9A (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 9A (5)-
Omit "(4) of section 8", substitute "8 (4)".
Sub-section 9A (7)-
Omit "(5) of section 8", substitute "8 (5)".
Sub-section 9A (8)-
Omit "(4) of section 8", substitute "8 (4)".
Paragraph 9B (1) (a)-
Omit "twelve", substitute "12".
Paragraph 9B (1) (b)-
Omit "four", substitute "4".
Paragraph 9B (2) (a)-
Omit "twelve", substitute "12".
Paragraph 9B (2) (b)-
Omit "three", substitute "3".
Paragraph 9C (1) (a)-
Omit "(a), (b), (c), (e) or (f) of sub-section (4) of section 8", substitute
"8 (4) (a), (b), (c), (e) or (f)".
Sub-section 9C (2)-
(a) Omit "The last preceding sub-section", substitute "Sub-section (1)".
(b) Omit "(d) of sub-section (2) of the next succeeding section",
substitute "9D (2) (d)".
Sub-section 9D (2)-
Omit "the next succeeding section", substitute "section 9E".
Sub-section 9D (3)-
Omit "the last preceding sub-section", substitute "sub-section (2)".
Paragraph 9D (4) (a)-
Omit "the next succeeding paragraph", substitute "paragraph (b)".
Paragraph 9D (4) (b)-
Omit "(a) of sub-section (4) of section 8", substitute "8 (4) (a)".
Sub-section 9D (5)-
Omit "(a) or paragraph (b) of the last preceding sub-section", substitute "(4)
(a) or (b)".
Sub-section 9D (6)-
Omit "(d) of sub-section (2)", substitute "(2) (d)".
Sub-section 9D (7)-
(a) Omit "the next succeeding sub-section", substitute "sub-section (8)".
(b) Omit "(d) of sub-section (2)", substitute "(2) (d)".
Paragraph 9D (8) (a)-
Omit "thirty", substitute "30".
Sub-paragraph 9D (8) (b) (i)-
(a) Omit "sub-section (4) of section 24", substitute "sub-section 24 (4)".
(b) Omit "thirty", substitute "30".
Sub-paragraph 9D (8) (b) (ii)-
(a) Omit "thirty", substitute "30".
(b) Omit "Court", substitute "court".
Sub-paragraph 9E (3) (a) (i)-
Omit "fifty per centum", substitute "50%".
Sub-paragraph 9E (3) (a) (ii)-
(a) Omit "fifty per centum", substitute "50%".
(b) Omit "one-tenth of one per centum", substitute "0.1%".
Paragraph 9E (3) (b)-
(a) Omit "(d) of sub-section (2) of the last preceding section",
substitute "9D (2) (d)".
(b) Omit "(4) of that section", substitute "9D (4)".
Paragraph 9E (3) (d)-
(a) Omit "(6) or sub-section (7) of section 8", substitute "8 (6) or (7)".
(b) Omit "(d) of sub-section (2) of the last preceding section",
substitute "9D (2) (d)".
(c) Omit "(4) of that section", substitute "9D (4)".
Sub-section 16A (1)-
Omit "the next succeeding section ", substitute "section 16B".
Paragraph 16A (1) (c)-
Omit "the last two preceding paragraphs", substitute "paragraphs (a) and (b)".
Sub-section 16A (2)-
(a) Omit "Court", substitute "court".
(b) Omit "the last preceding sub-section", substitute "sub-section (1)".
Paragraph 16B (a)-
Omit "(d) of sub-section (2) of section 9D", substitute "9D (2) (d)".
Section 16B-
Omit "(4) of section 9D", substitute "9D (4)".
Paragraph 17 (1) (c)-
(a) Omit "Federal" (wherever occurring), substitute "Commonwealth".
(b) Omit "1936-1941", substitute "1936".
(c) Omit ", or of that Act as amended at any time,".
Paragraph 17 (1) (d)
Omit "Federal", substitute "Commonwealth".
Sub-section 17 (1A)-
(a) Omit "the last preceding sub-section", substitute "sub-section (1)".
(b) Omit "(5) of section 8AA", substitute "8AA (5)".
Paragraph 17 (2) (a)-
(a) Omit "1936-1944,", substitute "1936".
(b) Omit ", or of either of those Acts as amended at any time".
Paragraph 20 (2) (a)-
Omit "twelve", substitute "12".
Paragraph 20 (2) (b)-
Omit "three", substitute "3".
Sub-section 20 (3)-
Omit "three", substitute "3".
Sub-section 20 (4)-
Omit "three", substitute "3".
Sub-section 20 (5)-
Omit "three", substitute "3".
Sub-section 20 (6)-
Omit "three", substitute "3".
Sub-section 20 (7A)-
Omit "(4) of section 9D", substitute "9D (4)".
Paragraph 20 (7A) (b)-
Omit "(d) of sub-section (2) of section 9D", substitute "9D (2) (d)".
Sub-section 24 (1)-
Omit "thirty", substitute "30".
Sub-section 24 (1A)-
(a) Omit "(d) of sub-section (2) of section 9D", substitute "9D (2) (d)".
(b) Omit "(4) of that section", substitute "9D (4)".
(c) Omit "the last preceding sub-section", substitute "sub-section (1) of
this section".
Sub-section 24 (4)-
Omit "thirty", substitute "30".
Sub-section 24 (4A)-
Omit "(a) of sub-section (4)", substitute "(4) (a)".
Sub-section 26 (3)-
Omit "the next succeeding sub-section", substitute "sub-section (4)".
Sub-section 26 (4)-
Omit "the next succeeding sub-section", substitute "sub-section (5)".
Sub-section 28D (1)-
Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 29 (1)-
(a) Omit "(b), (c) or (d) of sub-section (3) of section 34", substitute
"34 (3) (b), (c) or (d)".
(b) Omit "(a) of section 35A", substitute "35A (a)".
(c) Omit "thirty", substitute "30".
Section 30-
Omit "the last preceding section", substitute "section 29".
Sub-section 32 (1)-
Omit "the King on behalf of".
Sub-section 34 (4)-
Omit "the last preceding sub-section," substitute "sub-section (3)".
Paragraph 35 (1) (a)-
Omit "The duty", substitute "the duty".
Paragraph 35 (1) (b)-
Omit "Where", substitute "where".
Paragraph 35A (1) (b)-
Omit "the last preceding paragraph", substitute "paragraph (a)".
Sub-section 37 (1)-
Omit "part of the Commonwealth" (wherever occurring), substitute "Territory".
Sub-section 38 (1)-
Omit "the last two preceding sections", substitute "sections 36 and 37".
Sub-sections 45 (1) and (2)-
Omit ", a Second Commissioner or a Deputy Commissioner".
Export Control Act 1982 Section 3 (definition of "animal")-
Omit "man", substitute "a human being".
Sub-section 6 (1)-
Omit "his", substitute "the person's".
Paragraphs 8 (1) (b), (2) (b), (3) (b) and (4) (b)-
Insert "or her" after "his" (wherever occurring).
Sub-section 8 (6)-
Omit "he", substitute "the person".
Section 9-
Omit "he" (wherever occurring), substitute "the person".
Sub-sections 10 (3), (6) and (8) and 11 (1)-
Omit "he" (wherever occurring), substitute "the authorized officer".
Section 12-
Omit "his", substitute "the authorized officer's".
Section 13-
Omit "his" (wherever occurring), substitute "the authorized officer's".
Paragraphs 14 (a), (b) and (c)-
Insert "or her" after "his".
Sub-section 19 (1)-
(a) Omit "him", substitute "the Secretary".
(b) Omit "his", substitute "the Secretary's".
Section 20-
Omit "him", substitute "the Secretary".
Sub-section 21 (2)-
(a) Omit "him", substitute "the person".
(b) Omit "he" (wherever occurring), substitute "the person".
Section 22-
Omit "him" (wherever occurring), substitute "the authorized officer".
Section 23-
Omit "he", substitute "the Secretary".
Sub-section 24 (1)-
(a) Omit "him", substitute "the Secretary".
(b) Omit "he", substitute "the registered owner".
Sub-section 25 (7)-
(a) Omit "of State for Administrative Services", substitute "for Sport,
Recreation and Tourism".
(b) Omit "of State for Primary Industry", substitute "administering this
Act".
Export Finance and Insurance Corporation Act 1974 Section 65-
Repeal the section.
Export Market Development Grants Act 1974 Section 35-
Repeal the section.
Family Law Act 1975 Sub-section 114M (3)-
Omit the sub-section.
Federal Court of Australia Act 1976 Section 24-
Add at the end the following sub-section:
"(6) In sub-sections (1) and (2) , 'Supreme Court of a Territory' does not
include the Supreme Court of the Northern Territory.".
Federal Proceedings (Costs) Act 1981 Sub-section 3 (1) (definition of "costs
certificate")-
Insert "7A (1)," after "7 (1),".
After section 7-
Insert the following section: Costs certificates for appellants where no
respondent
"7A. (1) Subject to this Act, where a Federal appeal succeeds on a question of
law and there is no respondent to the appeal, the court that heard the appeal
may, on the application of the appellant, grant to the appellant a costs
certificate in respect of the appeal.
"(2) The certificate that may be granted under sub-section (1) by a court to
an appellant is a certificate stating that, in the opinion of the court, it
would be appropriate for the Attorney-General to authorize a payment under
this Act to the appellant in respect of the costs incurred by the appellant in
relation to the appeal.".
Sub-section 8 (2)-
Omit "on indictment" (wherever occurring), substitute "(whether on indictment
or otherwise)".
Section 11-
Omit "7 or", substitute "7, 7A or".
Section 21-
Add at the end the following sub-section:
"(4) A court is not empowered to grant a costs certificate under sub-section
7A (1) in respect of a Federal appeal instituted, or leave for which was
granted, before the commencement of this sub-section.".
Gift Duty Assessment Act 1941 Section 2-
Omit "the twenty-ninth day of October, One thousand nine hundred and
forty-one", substitute "29 October 1941".
Sub-section 4 (1) (definition of "Board of Review")-
Omit "Income Tax and Social Services Contribution Assessment Act 1936-1957",
substitute " Income Tax Assessment Act 1936".
After the definition of "child" in sub-section 4 (1)-
Insert the following definition:
" 'Commissioner' means the Commissioner of Taxation;".
Sub-section 4 (1) (definition of "the Commissioner")-
Omit the definition.
Sub-section 4 (2)-
Insert "in sub-section (1)" after "the definition of 'disposition of property'
".
Sub-section 10 (3)-
Omit "Court" (wherever occurring), substitute "court".
Paragraph 10 (4) (c)-
(a) Omit "Authority" (wherever occurring), substitute "authority".
(b) Omit "Stamp Duties or Succession Duties", substitute "stamp duties or
succession duties".
Paragraph 10 (4) (ca)-
(a) Omit "Authority", substitute "authority".
(b) Omit "Gift Duty", substitute "gift duty".
Paragraph 10 (4) (d)-
Omit "Director-General of Social Services", substitute "Secretary to the
Department of Social Security".
Sub-section 10 (5)-
(a) Omit "the last preceding sub-section", substitute "sub-section (4)".
(b) Omit "of this section".
Section 11-
Omit "the date of commencement of this Act", substitute "29 October 1941".
Paragraph 13 (f)-
Omit "the foregoing provisions of this section", substitute "paragraphs (a),
(b), (c), (d) and (e)".
Paragraph 14 (l) (i)-
Omit "(i) any", substitute "(j) any".
Sub-paragraph 14 (1) (i) (i)-
(a) Omit "eighteen" (wherever occurring), substitute "18".
(b) Omit "One hundred dollars", substitute "$100".
Sub-section 15 (1) (paragraph (b) of the definition of "civilian accompanying
the United States Forces")-
Omit "Government of the Commonwealth", substitute "Australian Government".
After the definition of "foreign employee" in sub-section 15 (1)-
Insert the following definitions:
" 'Joint Defence Space Research Facility' means the undertaking the
establishment of which is provided for by an agreement dated 9 December 1966
between the Government of Australia and the Government of the United States of
America;
'North West Cape naval communication station' means the naval communication
station the establishment of which is provided for by the agreement approved
by the United States Naval Communication Station Agreement Act 1963;".
Sub-section 15 (1) (paragraph (b) of the definition of "prescribed contract")-
Omit "the last preceding paragraph", substitute "paragraph (a)".
Sub-section 15 (1) (paragraph (b) of the definition of "prescribed purposes")-
Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 15 (1) (definitions of "the Joint Defence Space Research
Facility", "the Northwest Cape Naval communication station" and "the United
States Forces")-
Omit the definitions.
Sub-section 15 (1)-
Add at the end the following definition:
" 'United States Forces' means the armed forces of the Government of the
United States of America.".
Sub-section 15 (2)-
Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 15 (4)-
Omit "The last preceding sub-section", substitute "Sub-section (3)".
Section 16-
Omit "either of the last two preceding sections", substitute "section 14 or
15".
Paragraph 18 (2) (a)-
Omit "The value", substitute "the value".
Paragraph 18 (2) (b)-
Omit "No regard", substitute "no regard".
Paragraph 18 (2) (c)-
(a) Omit "Where", substitute "where".
(b) Omit "the last two preceding paragraphs", substitute "paragraphs (a)
and (b)".
Sub-section 18 (3)-
(a) Omit "Court", substitute "court".
(b) Omit "the last preceding sub-section", substitute "sub-section (2)".
Sub-section 19 (1)-
(a) Omit "eighteen", substitute "18".
(b) Omit "Seven thousand five hundred dollars", substitute "$7,500".
Paragraph 19 (1) (a)-
Omit "one", substitute "1".
Paragraph 19 (1) (b)-
Omit "three", substitute "3".
Sub-section 19 (4)-
Omit "fourteen or section fifteen of this Act", substitute "14 or 15".
Sub-section 25 (2)-
Omit "the King on behalf of".
Sub-section 29 (1)-
Omit "part of the Commonwealth" (wherever occurring), substitute "Territory".
Sub-section 31 (1)-
Omit "thirty", substitute "30".
Sub-section 31 (4)-
Omit "thirty", substitute "30".
Sub-section 31 (4A)-
Omit "(a) of sub-section (4)", substitute "(4) (a)".
Sub-section 33 (3)-
Omit "the next succeeding sub-section", substitute "sub-section (4)".
Sub-section 33 (4)-
Omit "the next succeeding sub-section", substitute "sub-section (5)".
Section 35-
Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 38A (1)-
Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 39 (3)-
Omit "Regulations", substitute "regulations".
Section 40-
(a) Omit "fifty-two A", substitute "52A".
(b) Omit "1911-1940", substitute "1911".
Great Barrier Reef Marine Park Act 1975 Section 3-
Add at the end the following sub-section:
"(4) A reference in this Act (other than in this sub-section) to an offence
against this Act includes a reference to an offence against-
(a) section 6, 7 or 7A of the Crimes Act 1914; or
(b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that
sub-section, being an offence that relates to an offence against this
Act.".
After paragraph 7 (1) (cc)-
Insert the following paragraph:
"(cd) to provide, and arrange for the provision of, educational, advisory and
informational services relating to the Marine Park;".
Sub-section 7 (1A)-
Omit "or (cb)", substitute ",(cb) or (cd)".
After sub-section 7 (1A)-
Insert the following sub-section:
"(1B) The Authority is responsible for the management of the Marine Park.".
Sections 18 and 19-
Repeal the sections.
Sub-section 38 (4)-
Omit "$1,000 for each day during which the offence continues", substitute
"$50,000".
Section 38-
Add at the end the following sub-sections:
"(5) An offence against sub-section (4) is an indictable offence.
"(6) Notwithstanding that an offence against sub-section (4) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.
"(7) Where, in accordance with sub-section (6), a court of summary
jurisdiction convicts a person of an offence against sub-section (4), the
penalty that the court may impose is a fine not exceeding $10,000.".
Section 47-
Add at the end the following sub-section:
"(10) A reference in sub-section (1) to a conviction of a person of an offence
against this Act includes a reference to the making of an order under section
19B of the Crimes Act 1914 in relation to the person in respect of an offence
against this Act.".
Sub-section 48 (5)-
Omit "(1) or".
Paragraph 49 (a)-
(a) Omit "$1,000", substitute "$2,000".
(b) Omit "6", substitute "12".
Paragraph 49 (b)-
Omit "$2,000", substitute "$5,000".
Paragraph 50 (a)-
(a) Omit "$1,000", substitute "$2,000".
(b) Omit "6", substitute "12".
Paragraph 50 (b)-
Omit "$2,000", substitute "$5,000".
Sub-section 58 (7)-
Omit "$200", substitute "$500".
Sub-section 66 (5)-
Omit "2", substitute "3".
Health Insurance Act 1973 After the definition of "Australia" in sub-section 3
(1)-
Insert the following definition:
" 'Australian Capital Territory Health Authority' means the Australian Capital
Territory Health Authority established under the Health Services Ordinance
1975 of the Australian Capital Territory;".
Sub-section 3 (1) (definition of "Secretary")-
Omit "of", substitute "to".
Sub-section 3 (3A)-
Omit "Capital Territory Health Commission", substitute "Australian Capital
Territory Health Authority".
Sub-section 6 (8)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation
and Tourism".
Sub-section 16C (1) (sub-paragraph (d) (i) of definition of "eligible
applicant")-
Omit "Permanent Head of the Department of Health", substitute "Secretary to
the Department".
Sub-section 17 (7)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation
and Tourism".
Sub-section 23G (1) (definition of "prescribed hospital authority")-
Omit the definition, substitute the following definition:
" 'prescribed hospital authority' means the Australian Capital Territory
Health Authority;".
Sub-section 23H (5)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation
and Tourism".
Sub-section 130A (1)-
Omit "Director-General", substitute "Secretary to the Department of Social
Security".
Health Insurance Commission Act 1973 Section 30-
Repeal the section.
High Court of Australia Act 1979 Section 29-
Repeal the section.
Historic Shipwrecks Act 1976 Sub-section 2 (7)-
(a) Omit "he", substitute "the Governor-General".
(b) Omit "for him".
Sub-section 2 (9B)-
(a) Omit "he", substitute "the Governor-General".
(b) Omit "for him".
Sub-section 3 (1) (definition of "Australian waters")-
Omit "(not being waters within the limits of a State)", substitute "(not being
State waters)".
Sub-section 3 (1) (definition of "historic relic")-
Insert before paragraph (a) of the definition:
"(aa) an article in respect of which a declaration under sub-section 4A (6) or
(7) is applicable;".
Sub-section 3 (1) (definition of "historic shipwreck")-
Insert before paragraph (a) of the definition:
"(aa) the remains of a ship in respect of which a declaration under
sub-section 4A (1) or (2) is applicable;".
After the definition of "ship" in sub-section 3 (1)-
Insert the following definition:
" 'State waters' means waters of the sea that are within the limits of a
State.".
Sub-section 3 (2)-
Omit the sub-section, substitute the following sub-sections:
"(2) A reference in this Act to the remains of a ship, to part of the remains
of a ship, to an article or articles, or to part of an article, being situated
in waters, includes a reference to the remains of a ship, to part of the
remains of a ship, to an article or articles, or to part of an article, as the
case may be-
(a) being situated in, or forming part of, the seabed or the subsoil of
the seabed, beneath those waters; or
(b) being situated on, or forming part of, a reef in those waters.
"(2A) A reference in this Act to the remains of a ship, to part of the remains
of a ship, to an article or articles or to part of an article, having been
removed from waters includes a reference to the remains of a ship, to part of
the remains of a ship, to an article or articles, or to part of an article, as
the case may be-
(a) having been washed away from those waters;
(b) having been removed, or washed away, from the seabed, or the subsoil
of the seabed, beneath those waters; or
(c) having been removed, or washed away, from a reef in those waters.".
Section 4-
Repeal the section, substitute the following sections: Wrecks, &c., partly in
Australian waters and partly in State waters
"3A. (1) Where-
(a) part of a ship is situated in, or has been removed from, Australian
waters;
(b) another part of that ship is situated in, or has been removed from,
waters of the sea that are within the limits of a State; and
(c) a Minister of the Crown of the State has informed the Minister, in
writing, that the Government of the State has no objection to the
making of a declaration under this section in respect of the part
referred to in paragraph (b), the Minister may declare, in writing,
that the part referred to in paragraph (b) shall, for the purposes of
this Act (other than this section and sections 7 and 13) be deemed to
be a part that is situated in, or has been removed from, Australian
waters, as the case requires, and, where such a declaration is made,
that declaration has effect accordingly.
Application and extension of Act
"3B. Subject to section 2, this Act applies both within and outside Australia
and extends to every external Territory.
Act to bind Crown
"4. This Act binds the Crown in right of the Commonwealth, of each of the
States, of the Northern Territory and of Norfolk Island, but nothing in this
Act renders the Crown liable to be prosecuted for an offence.".
Before section 5 in Part II-
Insert the following section: Shipwrecks and relics associated with State or
Territory may be declared to be historic
"4A. (1) If a Minister of a State informs the Minister, in writing, that the
Government of the State recommends that a declaration be made under this
sub-section in relation to the State, the Minister may, by notice in writing
published in the Gazette, declare all remains of ships (whether or not the
existence and location of the remains are known) that are-
(a) situated in Australian waters, or waters above the continental shelf
of Australia, adjacent to the coast of the State; and
(b) at least 75 years old, to be historic shipwrecks, and, where such a
declaration is made, the declaration extends to remains (including
remains that come into existence, because of a shipwreck or otherwise,
after the making of the declaration) that, after the making of the
declaration, become remains to which paragraphs (a) and (b) apply.
"(2) The Minister may, by notice in writing published in the Gazette, declare
all remains of ships (whether or not the existence and location of the remains
are known) that are-
(a) situated in Australian waters, or waters above the continental shelf
of Australia, adjacent to the coast of a Territory; and
(b) at least 75 years old, to be historic shipwrecks, and, where such a
declaration is made, the declaration extends to remains (including
remains that come into existence, because of a shipwreck or otherwise,
after the making of the declaration) that, after the making of the
declaration, become remains to which paragraphs (a) and (b) apply.
"(3) Subject to sub-section (10) where-
(a) the whole of the remains of a ship have been removed from waters; and
(b) if the remains had not been so removed, a declaration under
sub-section (1) or (2) would have applied in relation to those
remains, the declaration applies in relation to those remains.
"(4) Subject to sub-section (10), where-
(a) part of the remains of a ship has been removed from waters; and
(b) a declaration made under sub-section (1) or (2) applies in relation to
the part of the remains remaining in those waters, the declaration
applies also in relation to the part of the remains that has been
removed from those waters.
"(5) Subject to sub-section (10), where-
(a) a declaration under sub-section (1) or (2) applies in relation to the
remains of a ship situated in waters; and
(b) part of the remains of the ship is, or the whole of the remains of the
ship are, removed from those waters, the declaration continues to
apply in relation to the part, or to the whole, of those remains.
"(6) If a Minister of a State informs the Minister, in writing, that the
Government of the State recommends that a declaration be made under this
sub-section in relation to the State, the Minister may, by notice in writing
published in the Gazette, declare every article (whether or not the existence
and location of the article is known) that-
(a) was associated with a ship;
(b) is situated in Australian waters, or waters above the continental
shelf of Australia, adjacent to the coast of the State; and
(c) either-
(i) was associated with the remains of a ship that are at least 75
years old; or
(ii) entered waters referred to in paragraph (b) at least 75 years
ago, to be a historic relic, and, where such a declaration is
made, the declaration extends to every article that, after
making of the declaration, becomes (whether by reason of a
shipwreck or otherwise) an article to which paragraphs (a), (b)
and (c) apply.
"(7) The Minister may, by notice in writing published in the Gazette, declare
every article (whether or not the existence and location of the article is
known) that-
(a) was associated with a ship;
(b) is situated in Australian waters, or waters above the continental
shelf of Australia, adjacent to the coast of a Territory; and
(c) either-
(i) was associated with the remains of a ship that is at least 75
years old; or
(ii) entered waters referred to in paragraph (b) at least 75 years
ago, to be a historic relic, and, where such a declaration is
made, the declaration extends to every article that, after the
making of the declaration, becomes (whether by reason of a
shipwreck or otherwise) an article to which paragraphs (a), (b)
and (c) apply.
"(8) Subject to sub-section (10), where-
(a) an article has been removed from waters; and
(b) if the article had not been so removed, a declaration under
sub-section (4) or (5) would have applied in relation to that article,
the declaration applies in relation to that article.
"(9) Subject to sub-section (10), where-
(a) a declaration under sub-section (6) or (7) applies in relation to an
article situated in waters; and
(b) that article is removed from those waters, the declaration continues
to apply in relation to that article.
"(10) Where a declaration under this section applies in relation to the
remains of a ship or to an article, the Minister may, by notice in writing,
published in the Gazette, revoke that declaration to the extent that it
applies in relation to those remains, to a specified part of those remains or
to that article, as the case requires.
"(11) In this section-
'State' includes the Northern Territory and Norfolk Island;
'Territory' does not include the Northern Territory or Norfolk Island.
"(12) In this section-
(a) a reference to a Minister of a State shall, except in relation to the
Northern Territory or Norfolk Island, be read as a reference to a
Minister of the Crown of the State;
(b) a reference to a Minister of a State shall, in relation to the
Northern Territory, be read as a reference to a person holding an
office referred to in section 34 of the Northern Territory
(Self-Government Act) 1978; and
(c) a reference to a Minister of a State shall, in relation to Norfolk
Island, be read as a reference to a person holding office under
section 13 of the Norfolk Island Act 1979.".
Section 5-
Omit "he" (wherever occurring), substitute "the Minister".
Sub-sections 6 (1), (2) and (3)-
Omit "he", substitute "the Minister".
Sub-section 6 (5)-
Omit "12 months", substitute "5 years".
Sub-section 7 (1)-
(a) Omit "The Minister", substitute "Subject to sub-section (1A), the
Minister".
(b) Omit "100", substitute "200".
(c) Omit "(not including sea or land within the limits of a State)".
After sub-section 7 (1)-
Insert the following sub-section:
"(1A) A declaration under sub-section (1) shall not apply to an area
consisting of sea or land within the limits of a State unless there is
situated within the area a historic shipwreck or a historic relic to which a
declaration under section 3A applies.".
Sub-section 7 (2)-
(a) Omit "he", substitute "the Minister".
(b) Omit "100", substitute "200".
After sub-section 7 (3)-
Insert the following sub-section:
"(3A) Where a declaration under section 4A is revoked in relation to the
remains of a ship or to an article, any notice under this section in relation
to the remains or to the article ceases to be in force, but this sub-section
does not prevent the publication in the Gazette of a further notice under this
section in relation to the remains or to the article if a notice is published
in the Gazette under section 5 or 6 in relation to the remains or to the
article.".
Section 8-
(a) Insert "4A," after "section".
(b) Omit "he", substitute "the Minister".
Paragraph 9 (1) (b)-
Insert "4A," after "section".
After sub-section 9 (1)-
Insert the following sub-section:
"(1A) Where-
(a) a person has possession, custody or control of an article; and
(b) the article becomes an article to which a notice under section 4A
applies otherwise than on the publication of the notice, the person
shall, within 30 days after the day on which the article became an
article to which the notice applies, give the prescribed notice to the
Minister in relation to the article.".
Sub-section 9 (2)-
(a) Insert "4A," after "section".
(b) Insert "or her" after "his".
Sub-section 9 (4)-
Insert "or her" after "his".
Paragraph 9 (5) (a)-
(a) Insert ", (1A)" after "(1)".
(b) Insert "4A," after "section".
Section 9-
Omit "Penalty: $1,000.", substitute the following:
"Penalty-
(a) if the offender is a natural person-$2,000; or
(b) if the offender is a body corporate-$10,000.".
Sub-section 10 (2)-
Omit "Penalty: $1,000.", substitute the following:
"Penalty-
(a) for a contravention of this sub-section by virtue of paragraph (a)-
(i) if the offender is a natural person-$2,000; or
(ii) if the offender is a body corporate-$10,000; or
(b) for a contravention of this sub-section by virtue of paragraph (b)-
(i) if the offender is a natural person-$5,000; or
(ii) if the offender is a body corporate-$25,000.".
Sub-section 11 (1)-
Omit paragraphs (1) (a) and (b), substitute the following paragraphs:
"(a) the preservation of the article;
(b) the placement of the article with a collection of articles that has
been, or is to be, established; or
(c) the exhibition of, or the provision of access to, the article, whether
or not the article forms part of a collection of articles,".
Sub-section 11 (3)-
Omit "he", substitute "the Minister".
Sub-section 11 (4)-
Omit "Penalty: $2,000 or imprisonment for 2 years, or both.", substitute the
following:
"Penalty-
(a) if the offender is a natural person-$5,000 or imprisonment for a
period of 2 years, or both; or
(b) if the offender is a body corporate-$25,000.".
Sub-section 11 (5)-
Omit "him" (wherever occurring), substitute "the person".
Sub-section 12 (2)-
Omit the sub-section, substitute the following sub-section:
"(2) The Minister shall cause to be entered in the Register particulars of-
(a) known remains of ships, and known articles, in relation to which a
declaration under section 4A applies;
(b) notices in force under section 5, 6 or 7; and
(c) known Dutch shipwrecks and Dutch relics.".
Paragraph 13 (1) (d)-
Insert "(including State waters)" after "Australia" (first occurring).
Sub-section 13 (2)-
Omit "Australian waters or from waters above the continental shelf of
Australia", substitute "waters".
Sub-section 13 (3)-
Omit "punishable, on conviction, by a fine not exceeding $5,000, or
imprisonment for a period not exceeding 5 years, or both", substitute the
following words and paragraphs:
"punishable, on conviction-
(a) if the offender is a natural person-by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 5 years, or both; or
(b) if the offender is a body corporate-by a fine not exceeding $50,000".
Sub-section 15 (1)-
Insert "or her" after "his".
Sub-section 15 (5)-
Omit "him" (wherever occurring), substitute "the person".
Sub-section 17 (2)-
Insert "or she" after "he".
Sub-section 17 (3)-
Insert "or her" after "his".
Section 17-
Omit "Penalty: $1,000.", substitute the following:
"Penalty-
(a) if the offender is a natural person-$5,000; or
(b) if the offender is a body corporate-$25,000.".
Paragraph 18 (1) (a)-
Omit "pay a reward not exceeding the prescribed amount to", substitute
"reward".
Sub-paragraph 18 (1) (a) (ii)-
Insert "or which is a historic shipwreck or a historic relic" after "Dutch
relic".
Paragraph 18 (1) (b)-
Omit "offer and pay a reward not exceeding the prescribed amount to",
substitute "offer to reward, and reward,".
Paragraph 18 (1) (c)-
Omit "pay a reward not exceeding the prescribed amount to", substitute
"reward".
Sub-section 18 (2)-
Omit the sub-section, substitute the following sub-sections:
"(2) The reward of a person under sub-section (1) shall be by way of-
(a) the payment to the person of an amount not exceeding the prescribed
amount; or
(b) the giving to the person of a historic relic, plaque, model, replica
or medallion, or both.
"(3) Payments by way of reward under this section shall be made out of money
appropriated by the Parliament for the purpose of the control of historic
shipwrecks.
"(4) Articles referred to in paragraph (2) (b) that are required to be
purchased by the Commonwealth shall be purchased out of money appropriated by
the Parliament for the purpose of the control of historic shipwrecks.".
Section 20-
Omit "he" (wherever occurring), substitute "the Minister".
Sub-section 22 (1)-
Omit "him", substitute "the Minister".
Sub-section 22 (3)-
Insert "or her" after "his".
Sub-section 23 (1)-
Insert "or her" after "him".
Paragraph 23 (1) (d)-
Omit "his possession", substitute "the possession of the person".
Sub-section 23 (2)-
Insert "or her" after "him".
Paragraph 23 (5) (a)-
Omit "him", substitute "the person".
Paragraph 23 (5) (b)-
Omit "he", substitute "the person".
Sub-section 23 (5)-
Omit "Penalty: $1,000.", substitute the following:
"Penalty-
(a) if the offender is a natural person-$2,000; or
(b) if the offender is a body corporate-$10,000.".
Sub-section 23 (6)-
(a) Omit "he", substitute "the person".
(b) Omit "him", substitute "the person".
Sub-section 23 (7)-
Omit "punishable, on conviction, by a fine not exceeding $2,000, or
imprisonment for a period not exceeding 2 years, or both", substitute the
following words and paragraphs:
"punishable, on conviction-
(a) if the offender is a natural person-by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate-by a fine not exceeding $25,000".
Paragraph 24 (2) (b)-
Insert "or her" after "his".
Sub-section 24 (3)-
Omit "him", substitute "the person".
Sub-section 25 (1)-
Omit "he", substitute "the inspector".
Section 26-
Repeal the section, substitute the following section: Certain offences
indictable
"26. (1) An offence against sub-section 11 (4), 13 (3) or 23 (7) is an
indictable offence.
"(2) Notwithstanding that an offence referred to in sub-section (1) is an
indictable offence, a court of summary jurisdiction may hear and determine
proceedings in respect of such an offence if the court is satisfied that it is
proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary
jurisdiction convicts a person of an offence against sub-section 11 (4), 13
(3) or 23 (7), the penalty that the court may impose is-
(a) if the offender is a natural person-a fine not exceeding $2,000 or
imprisonment for a period not exceeding 12 months; or
(b) if the offender is a body corporate-a fine not exceeding $10,000.
"(4) Where the law of a State or Territory makes provision for a person who
pleads guilty to a charge in proceedings for the commitment of the person for
trial on indictment to be committed to a higher court and dealt with otherwise
than on indictment, a person charged in that State or Territory with an
offence against this Act may be dealt with in accordance with that law.".
Paragraph 29 (b)-
Omit "or" (last occurring).
After paragraph 29 (b)-
Insert the following paragraph:
"(ba) in State waters; or".
Sub-section 30 (1)-
(a) Omit "him", substitute "the Minister".
(b) Omit "his powers", substitute "the powers of the Minister".
Home Deposit Assistance Act 1982 Section 63-
Repeal the section, substitute the following section: Evidence
"63. (1) The Secretary may by instrument in writing-
(a) create offices for the purposes of this section; and
(b) appoint persons to those offices.
"(2) All courts shall take judicial notice of the signature of any person-
(a) who holds or has held the office of Secretary; or
(b) who holds or has held an office under sub-section (1), and of the fact
that that person holds or has held that office, if the signature
purports to be attached or appended to an official document, and any
such document purporting to be so signed is prima facie evidence in
all courts of the facts and statements contained in the document.
"(3) A certificate in writing signed by a person who holds or has held an
office referred to in sub-section (2) certifying-
(a) that assistance of a specified amount was paid to a specified person
or to specified persons on a specified date; or
(b) that a specified amount is the amount of assistance paid to a
specified person or to specified persons in consequence of a specified
act, failure or omission, is prima facie evidence in all courts of the
matters certified.".
Home Nursing Subsidy Act 1956 Sub-section 4 (1)-
(a) Omit "of Health" (first occurring).
(b) Omit "Commonwealth Department of Health", substitute "Department".
Homes Savings Grant Act 1964 Section 31-
Repeal the section, substitute the following section: Evidence
"31. (1) The Secretary may by instrument in writing-
(a) create offices for the purposes of this section; and
(b) appoint persons to those offices.
"(2) All courts shall take judicial notice of the signature of any person-
(a) who holds or has held the office of Secretary; or
(b) who holds or has held an office under sub-section (1), and of the fact
that that person holds or has held that office, if the signature
purports to be attached or appended to an official document, and any
such document purporting to be so signed is prima facie evidence in
all courts of the facts and statements contained in the document.
"(3) A certificate in writing signed by a person who holds or has held an
office referred to in sub-section (2) certifying-
(a) that assistance of a specified amount was paid to a specified person
or to specified persons on a specified date; or
(b) that a specified amount is the amount of assistance paid to a
specified person or to specified persons in consequence of a specified
act, failure or omission, is prima facie evidence in all courts of the
matters certified.".
Homes Savings Grant Act 1976 Section 52-
Repeal the section, substitute the following section: Evidence
"52. (1) The Secretary may by instrument in writing-
(a) create offices for the purposes of this section; and
(b) appoint persons to those offices.
"(2) All courts shall take judicial notice of the signature of any person-
(a) who holds or has held the office of Secretary; or
(b) who holds or has held an office under sub-section (1), and of the fact
that that person holds or has held that office, if the signature
purports to be attached or appended to an official document, and any
such document purporting to be so signed is prima facie evidence in
all courts of the facts and statements contained in the document.
"(3) A certificate in writing signed by a person who holds or has held an
office referred to in sub-section (2) certifying-
(a) that assistance of a specified amount was paid to a specified person
or to specified persons on a specified date; or
(b) that a specified amount is the amount of assistance paid to a
specified person or to specified persons in consequence of a specified
act, failure or omission, is prima facie evidence in all courts of the
matters certified.".
Honey Industry Act 1962 Sub-section 20 (3)-
Omit the sub-section.
Housing Loans Insurance Act 1965 Section 45-
Repeal the section.
Immigration (Guardianship of Children) Act 1946 Section 4 (definition of
"non-citizen child")-
Omit the definition, substitute the following definition:
" 'non-citizen child' means-
(a) a person under the age of 18 years who enters Australia as a
non-citizen and who intends to become, or is intended to become, a
permanent resident of Australia, not being a person who enters
Australia in the charge of, or for the purpose of living in Australia
under the care of, a parent of the person, or a relative of the person
not less than 21 years of age; or
(b) a person under the age of 18 years in relation to whom a direction
under section 4AA is in force.".
After section 4-
Insert the following section: Orders for guardianship of certain children
"4AA. (1) Subject to sub-section (2), where-
(a) a person under the age of 18 years enters Australia as a non-citizen
in the charge of, or for the purpose of living in Australia under the
care of, a relative of the person (other than a parent) not less than
21 years of age; and
(b) the person intends to become, or is intended to become, a permanent
resident of Australia, the Minister may, if the Minister is satisfied
that it is necessary in the interests of the person to do so, direct,
in writing, that the person shall be the Minister's ward.
"(2) The Minister shall not give a direction under sub-section (1) unless the
relative consents to the Minister doing so.".
After section 11-
Insert the following sections: Reconsideration and review of certain decisions
"11A. (1) In this section, unless the contrary intention appears-
'decision' has the same meaning as in the Administrative Appeals Tribunal
Act 1975;
'relevant decision' means a decision of a delegate of the Minister under
section 4AA or 11;
'reviewable decision' means-
(a) a decision of the Minister under section 4AA or 11; or
(b) a decision of the Minister under sub-paragraph (3) (a) (ii) or
sub-section (4).
"(2) Subject to sub-section (3), a person affected by a relevant decision may
request the Minister to reconsider the decision.
"(3) The request shall-
(a) be made by notice in writing given to the Minister within-
(i) the period of 28 days after the decision first comes to the
notice of the person; or
(ii) such further period as the Minister (whether before or after
the expiration of that period of 28 days), by notice in writing
served on the person, allows; and
(b) shall set out the reasons for making the request.
"(4) The Minister shall, within 45 days after receipt of the request,
reconsider the relevant decision and may-
(a) confirm the decision;
(b) vary the decision; or
(c) set the decision aside and make a new decision in substitution for the
decision set aside.
"(5) Where, pursuant to a request under sub-section (2), the Minister
reconsiders a relevant decision, the Minister shall, by notice in writing
served on the person who made the request, inform the person of the result of
the reconsideration.
"(6) Applications may be made to the Administrative Appeals Tribunal for
review of reviewable decisions.
Statements to accompany notification of certain decisions
"11B. (1) In this section, 'decision', 'relevant decision' and 'reviewable
decision' have the same respective meanings as in section 11A.
"(2) Where a delegate of the Minister makes a relevant decision and gives to a
person whose interests are affected by the decision notice in writing of the
making of the decision, the notice shall include a statement to the effect
that a person affected by the decision-
(a) may, if the person is dissatisfied with the decision, seek a
reconsideration of the decision by the Minister in accordance with
sub-section 11A (3); and
(b) may, subject to the Administrative Appeals Tribunal Act 1975, if the
person is dissatisfied with the decision of the Minister on the
reconsideration, apply to the Administrative Appeals Tribunal for
review of the last-mentioned decision.
"(3) Where the Minister makes a reviewable decision and gives to a person
whose interests are affected by the decision notice in writing of the making
of the decision, the notice shall include a statement to the effect that
subject to the Administrative Appeals Tribunal Act 1975, a person affected by
the decision may, if the person is dissatisfied with the decision, apply to
the Administrative Appeals Tribunal for review of the decision.
"(4) Any failure to comply with the requirements of sub-section (2) or (3) in
relation to a decision does not affect the validity of the decision.".
Before paragraph 12 (a)-
Insert the following paragraph:
"(aa) prescribing principles to be observed in considering whether or not to
give a direction under section 4AA;".
Independent Schools (Loans Guarantee) Act 1969 Section 8-
Repeal the section, substitute the following section: Annual report by
Minister
"8. (1) Subject to sub-section (2), the Minister shall, as soon as practicable
after 31 December in each year, cause a report containing particulars of the
guarantees that have been given under this Act during that year, and of any
payment made during that year under any guarantee given under this Act, to be
laid before each House of the Parliament.
"(2) The first report by the Minister after the commencement of this section
shall relate to the period commencing on 1 July 1984 and ending on 31 December
1985.".
Industrial Research and Development Incentives Act 1976 Sub-section 39 (1)-
Insert ", industrial development or industrial research and industrial
development" after "industrial research".
Industries Assistance Commission Act 1973 Sub-section 30 (3)-
(a) Omit "sub-section 30A (1)", substitute "section 30A".
(b) Omit "that sub-section", substitute "that section".
(c) Omit "date" (wherever occurring), substitute "day".
Insurance Contracts Act 1984 Sub-section 9 (2)- Omit "Nothern", substitute
"Northern".
Paragraph 11 (3) (a)-
Insert "specified" before "sickness".
Paragraph 11 (4) (b)-
Omit "there is", substitute "there can be".
Section 15-
Repeal the section, substitute the following section: Certain other laws not
to apply
"15. (1) A contract of insurance is not capable of being made the subject of
relief under-
(a) any other Act;
(b) a State Act; or
(c) an Act or Ordinance of a Territory, being an Act or Ordinance that
provides for relief-
(d) in respect of harsh, oppressive, unconscionable, unjust, unfair or
inequitable contracts; or
(e) from the consequences in law of making a misrepresentation.
"(2) Without limiting the generality of paragraph (1) (d), the nature of the
relief to which that paragraph applies includes relief by way of variation,
avoidance or termination of a contract.".
Sub-section 35 (2)-
Insert "(whether by providing the insured with a policy document in relation
to the contract or otherwise)" after "in writing".
Section 37-
Omit "loss occurred", substitute "contract was entered into".
Paragraph 41 (2) (a)-
Omit "liability in respect of the claim", substitute "that the contract
applies to the claim".
Paragraph 41 (2) (b)-
Omit "admits liability", substitute "so admits".
Sub-section 41 (3)-
Omit "he admits liability in respect of the claim and", substitute "the
insurer admits that the contract of liability insurance applies to the claim
and that the insurer".
Paragraph 54 (5) (b)-
Insert "not" after "person".
Paragraph 69 (1) (a)-
Omit "or before a loss occurred".
Paragraph 69 (1) (d)-
Omit "or the loss occurred, as the case may be".
Paragraph 69 (2) (a)-
Omit "or before a loss occurred".
Sub-sections 69 (2) and (3)-
Omit "or the loss occurred, as the case may be" (wherever occurring).
Paragraph 73 (1) (b)-
Insert "or rate" after "amount".
Inter-State Commission Act 1975 Sub-section 24 (2)-
Insert "or in respect of" after "does not apply to".
Sub-section 24 (4)-
Omit "sub-section 80 (1) of".
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Paragraph 3 (6) (c)-
Omit "Chairman", substitute "President".
Sub-section 6 (8)-
Omit the sub-section.
Judiciary Act 1903 After section 35-
Insert the following section: Appeals from Supreme Court of the Northern
Territory
"35AA. (1) Subject to sub-sections (2) and (3), the High Court has
jurisdiction to hear and determine appeals from judgments of the Supreme Court
of the Northern Territory.
"(2) An appeal shall not be brought from a judgment, whether final or
interlocutory, referred to in sub-section (1) unless the High Court gives
special leave to appeal.
"(3) Sub-section (1) has effect subject to any special provision made by an
Act other than this Act, whether passed before or after the commencement of
this section, preventing or permitting appeals from the Supreme Court of the
Northern Territory.".
Law Officers Act 1964 Section 7-
Repeal the section, substitute the following section: Remuneration and
allowances of Solicitor-General
"7. (1) The Solicitor-General shall be paid such remuneration as is determined
by the Remuneration Tribunal.
"(2) The Solicitor-General shall be paid such allowances as are prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973
and section 7 of the Judicial and Statutory Officers (Remuneration and
Allowances) Act 1984.".
Section 14-
Repeal the section, substitute the following section: Commonwealth officer
appointed as Solicitor-General
"14. (1) Subject to sub-section (2), section 16 does not apply to or in
respect of the Solicitor-General if, immediately before being appointed as
Solicitor-General, the Solicitor-General was an eligible employee for the
purposes of the Superannuation Act 1976.
"(2) If a person was, immediately before being appointed as Solicitor-General,
an eligible employee for the purposes of the Superannuation Act 1976, and the
person elects, within 3 months after being appointed as Solicitor-General, by
notice in writing to the Attorney-General, to cease to be an eligible employee
for the purposes of that Act, sub-section (1) does not apply, and shall be
deemed not to have applied, to the person, and the person shall be deemed to
have ceased to be such an eligible employee immediately before the person was
appointed as Solicitor-General.
"(3) Where-
(a) a person makes an election in accordance with sub-section (2); and
(b) the person would, but for this sub-section, be entitled to a benefit
under Division 1, 2 or 4 of Part V, or under Division 3 of Part IX, of
the Superannuation Act 1976, that Act applies in relation to the
person as if the person were not entitled to the benefit.".
Sub-section 16 (8)-
Omit sub-section.
After section 18-
Insert the following section: Regulations
"19. The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters-
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.".
Law Reform Commission Act 1973
Section 3 (definitions of "Australian Public Service" and "Chairman")
Omit the definitions.
Section 3 (definition of "Deputy Chairman")-
Omit the definition, substitute the following definition:
" 'Deputy President' means the Deputy President of the Commission;".
Section 3 (definition of "judicial office")-
(a) Omit "or" (last occurring) from paragraph (a) of the definition.
(b) Add at the end of the definition the following word and paragraph:
"or (c) the office of President of the Courts-Martial Appeal Tribunal;".
Section 3 (definition of "member")-
Omit the definition, substitute the following definitions:
" 'member' means the President or another member of the Commission;
'President' means the President of the Commission;".
Section 3 (definition of "Territory")-
Omit the definition.
Section 4-
Omit "except Papua New Guinea".
Sub-section 11 (3)-
(a) Insert "imprint of the" after "judicial notice of the".
(b) Omit "affixed to", substitute "appearing on".
(c) Omit "duly affixed", substitute "duly sealed".
Paragraph 12 (1) (a)-
Omit "Chairman", substitute "President".
Paragraph 12 (1) (b)-
Omit "four", substitute "4".
Paragraph 12 (1) (d)-
Omit "five", substitute "5".
Paragraph 12 (1) (f)-
Omit "his", substitute "the person's".
Sub-sections 12 (3), (4), (5) and (8)-
Omit "Chairman" (wherever occurring), substitute "President".
Sub-section 12 (3)-
Omit "he", substitute "the President".
Sub-section 12 (6)-
Omit "seven", substitute "7".
Sub-section 12 (7)-
Omit "his", substitute "the member's".
Sub-section 12 (8)-
Omit "him", substitute "the member".
Section 13-
(a) Insert "a person who is" after "appointment of".
(b) Insert "a person who is" after "or service by".
(c) Omit "his" (wherever occurring), substitute "the person's".
Sub-section 14 (2)-
Omit "Australia", substitute "the Commonwealth".
Section 15-
Omit "Deputy Chairman" (wherever occurring), substitute "Deputy President".
Sub-section 15 (3)-
Omit "the Chairman" (wherever occurring), substitute "the President".
Paragraph 15 (3) (a)-
Omit "Chairman", substitute "President".
Paragraph 15 (3) (b)-
Omit "his office", substitute "the office of President".
Sub-section 16 (3)-
Omit "1973", substitute "1973".
Paragraphs 17 (2) (a) and (b) and sub-section 17 (3)-
Omit "his" (wherever occurring), substitute "the member's".
Section 18-
Omit "his office by writing under his hand", substitute "the office of member
by writing signed by the member and".
Sub-section 20 (1)-
(a) Omit "The Chairman", substitute "The President".
(b) Omit "his", substitute "the President's".
Sub-section 20 (2)-
Omit "three", substitute "3".
Sub-section 20 (4)-
(a) Omit "The Chairman", substitute "The President".
(b) Omit "he", substitute "the President".
Sub-sections 20 (5), (6) and (7)-
Omit "the Chairman", substitute "the President".
Sub-sections 20 (5) and (6)-
Omit "Deputy Chairman", substitute "Deputy President".
Paragraphs 21 (1) (a), (b) and (c)-
Omit "the Chairman" (wherever occurring), substitute "the President".
Paragraph 21 (1) (b)-
Omit "Deputy Chairman" (wherever occurring), substitute "Deputy President".
Sub-sections 21 (3), (6) and (7)-
Omit "two", substitute "2".
Section 22-
Omit "Chairman" (wherever occurring), substitute "President".
Sub-section 22 (1)-
Omit "he", substitute "the President".
Section 23-
Omit "Chairman" (wherever occurring), substitute "President".
Sections 24 and 25-
Repeal the sections.
Section 26-
Omit "1922-1973", substitute "1922".
Sub-section 27 (1)-
(a) Omit "Chairman" (wherever occurring), substitute "President".
(b) Omit "three", substitute "3".
(c) Omit "himself", substitute "himself or herself".
Paragraph 30 (d)-
Omit "ten", substitute "10".
Section 31-
Repeal the section.
Sections 33, 34 and 35-
Repeal the sections, substitute the following section: Application of Division
3 of Part XI of Audit Act
"33. It is hereby declared that the Commission is a public authority to which
Division 3 of Part XI of the Audit Act 1901 applies.".
Section 36-
Omit "law, including a law of a State", substitute "law of the Commonwealth, a
State or a Territory".
Section 37-
(a) Omit "he", substitute "the Attorney-General".
(b) Omit "fifteen", substitute "15".
Life Insurance Act 1945 Paragraph 4 (4) (a)-
(a) Insert ", or any part of any class of life insurance business," before
"carried on".
(b) Insert "or part of another class of life insurance business, as the
case requires," after "life insurance business" (last occurring).
Paragraph 4 (4) (b)-
Insert "part of" after "were".
Sub-section 4 (4)-
Omit "or a class of life insurance business", substitute "part of that other
class of life insurance business or part of that class of life insurance
business".
Section 20-
Repeal the section.
Life Insurance Amendment Act 1977 Sub-section 7 (1)-
Omit ", 20".
Liquefied Petroleum Gas (Grants) Act 1980 Section 3 (definition of "officer")-
Omit "of Industry and Commerce".
Sub-section 6A (7)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation
and Tourism".
Liquid Fuel Emergency Act 1984 Sub-section 3 (1) (paragraph (c) of the
definition of "Energy Minister")-
Omit "and Local Government".
Sub-section 3 (1) (paragraph (d) of the definition of "Energy Minister")-
Omit "and Technology".
Sub-section 43 (3)-
(a) Omit "of State for Administrative Services", substitute "for Sport,
Recreation and Tourism".
(b) Omit "for the time being".
Live-stock Slaughter (Export Inspection Charge) Collection Act 1979
Sub-section 6 (5)-
Omit "him", substitute "that person".
Sub-section 6 (7)-
Omit "of his", substitute "that person's".
Sub-section 6 (8)-
(a) Omit "him", substitute "that proprietor".
(b) Omit "his", substitute "that proprietor's".
Sub-section 8 (1)-
Omit "his", substitute "the".
Sub-section 8 (2)-
(a) Omit "him" (wherever occurring), substitute "the proprietor".
(b) Omit "he", substitute "the proprietor".
Sub-section 8 (3)-
Insert "or her" after "his".
Sub-section 8 (4)-
Omit "$100", substitute "$1,000".
Section 9-
(a) Omit "he", substitute "the person".
(b) Omit "$300", substitute "$1,000".
Sub-section 10 (4)-
Omit "he", substitute "the authorized person".
Sub-section 10 (5)-
Omit "$200", substitute "$1,000 or imprisonment for 6 months, or both".
After section 10-
Insert the following sections: Reconsideration and review of certain decisions
"10A. (1) In this section, unless the contrary intention appears-
'decision' has the same meaning as in the Administrative Appeals Tribunal
Act 1975