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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1986 No. 76, 1986 - SCHEDULE 1
SCHEDULE 1 Section 3
AMENDMENTS OF ACTS
Administrative Decisions (Judicial Review) Act 1977 Schedule 1-
Omit paragraph (k).
Advance Australia Logo Protection Act 1984 Paragraph 18 (3) (b)-
Omit "any amounts", substitute "the total of the amounts".
Air Navigation (Charges) Act 1952 Sub-section 5 (1)-
Omit "services maintained, operated or provided by the Commonwealth.",
substitute-
"services-
(a) that are maintained, operated or provided by the Commonwealth; or
(b) in respect of the maintenance or operation of which financial
assistance is provided by the Commonwealth.".
Antarctic Treaty (Environment Protection) Act 1980 Paragraph 19 (1) (e)-
Omit the paragraph, substitute the following paragraphs:
"(e) drive a vehicle in a specially protected area;
"(ea) land or drive an aircraft in a specially protected area;".
Archives Act 1983 Sub-section 26 (1)-
Omit "without the approval of the Archives".
Sub-section 56 (2)-
Omit the sub-section, substitute the following sub-section:
"(2) The Minister or a person authorised by the Minister may, in accordance
with arrangements approved by the Prime Minister, cause Commonwealth records
to be made available to a person in such circumstances as are specified in the
regulations notwithstanding that the Commonwealth records concerned are not
otherwise available for public access under this Act.".
Audit Act 1901 After section 63M-
Insert the following Division:
"Division 3A-Public authorities audited by company auditors Interpretation
"63MA. (1) In this Division, unless the contrary intention appears-
'appropriate Minister', in relation to a privately audited body, means the
Minister administering the provisions of the Act establishing the body or
another Minister for the time being acting for and on behalf of that Minister;
'company auditor' means a firm carrying on the business of auditing accounts;
'privately audited body' means a body corporate (other than the Australian
Industry Development Corporation) whose accounts, records and financial
statements are, in accordance with the Act establishing the body, subject to
inspection and audit by a company auditor.
"(2) A reference in this Division to an Act establishing a body includes a
reference to an Act continuing a body in existence, but does not include a
reference to an Act relating to companies.
Discretionary power to report on company auditor
"63MB. (1) The Auditor-General shall, by notice in writing in the Gazette, set
auditing standards to be complied with by company auditors when inspecting and
auditing the accounts and records, or reporting on the financial statements,
of privately audited bodies.
"(2) In relation to a privately audited body, the Auditor-General may, at any
time, report to the appropriate Minister-
(a) whether, in the Auditor-General's opinion, the company auditor has
complied with standards set under sub-section (1);
(b) on the results and quality of the inspection and audit by the company
auditor; and
(c) as to such other matters arising out of the audit, or the report on
the financial statements, by the company auditor as the
Auditor-General considers should be reported.
"(3) The appropriate Minister shall cause a copy of a report by the
Auditor-General under sub-section (2) to be laid before each House of the
Parliament within 15 sitting days of that House after its receipt by the
appropriate Minister.
Discretionary audit of accounts and records by Auditor-General
"63MC. (1) The Auditor-General may, at any time, inspect and audit the
accounts and records of financial transactions of a privately audited body and
records relating to assets of, or in the custody of, the body and may draw the
attention of the appropriate Minister to any irregularity disclosed by the
inspection and audit that is, in the opinion of the Auditor-General, of
sufficient importance to justify his so doing.
"(2) An inspection and audit by the Auditor-General of accounts and records
referred to in sub-section (1) may relate to all or any part of such accounts
and records.
"(3) The Auditor-General may report to the appropriate Minister the results of
the inspection and audit carried out under sub-section (1).
Discretionary report by Auditor-General on financial statements
"63MD. (1) Where, whether under this Part or otherwise, a privately audited
body is required to submit to the appropriate Minister a report of its
operations during a particular period, together with financial statements in
respect of that period, the body shall, when submitting the financial
statements to the Minister, submit copies of the statements to the
Auditor-General.
"(2) After considering the financial statements submitted by a body under
sub-section (1), the Auditor-General shall-
(a) report to the appropriate Minister that the Auditor-General does not
intend to report on the financial statements; or
(b) report to the appropriate Minister-
(i) whether, in the Auditor-General's opinion, the statements are
based on proper accounts and records;
(ii) whether the statements are in agreement with the accounts and
records and, in the Auditor-General's opinion, show fairly the
financial transactions and the state of the affairs of the
body;
(iii) whether, in the Auditor-General's opinion, the receipt,
expenditure and investment of money, and the acquisition and
disposal of assets, by the body have been in accordance with
the Act establishing the body; and
(iv) as to such other matters arising out of the statements as the
Auditor-General considers should be reported.
"(3) The appropriate Minister shall cause a copy of a report by the
Auditor-General under sub-section (2) to be laid before each House of the
Parliament as soon as practicable after the copies of the report and financial
statements of the body and the report of the company auditor are laid before
that House.
Access to documents
"63ME. (1) The Auditor-General or a person authorised by the Auditor-General
is entitled at all reasonable times to full and free access to-
(a) all accounts and records of a privately audited body relating directly
or indirectly to the receipt or payment of money by the body or to the
acquisition, receipt, custody or disposal of assets by the body; and
(b) all papers (including working papers) and reports of the company
auditor relating to the body's accounts, records, financial statements
or other documents.
"(2) The Auditor-General or a person authorised by the Auditor-General may
make copies of, or take extracts from, any such accounts, records, papers or
reports.
"(3) The Auditor-General or a person authorised by the Auditor-General may
require any person to furnish him or her with such information in the
possession of the person, or to which the person has access, as the
Auditor-General or authorised person considers necessary for the purposes of
the powers and functions of the Auditor-General under this Division, and the
person shall comply with the requirement.
"(4) A person who contravenes sub-section (3) is guilty of an offence
punishable, upon conviction, by a fine not exceeding $200.
Avoidance of duplication of work
"63MF. The Auditor-General shall, in the exercise of powers and performance of
functions under this Division, avoid, so far as practicable, any duplication
of audit work.".
Sub-section 63Q (1)-
Insert "(but not under section 63MC or 63MD)" after "otherwise".
Australian Capital Territory Electricity Supply Act 1962 Section 26-
Repeal the section, substitute the following sections: Borrowing from
Commonwealth
"26. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Authority on
such terms and conditions as the Minister for Finance, in writing, determines.
Borrowings otherwise than from Commonwealth
"26A. (1) The Authority may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Authority may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Authority of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Authority shall be deemed to be a raising by
the Authority, otherwise than by borrowing, of an amount of money equal to the
amount of the money paid or deposited or the value of the credit provided, as
the case may be; and
(b) the obtaining of credit by the Authority otherwise than in relation to
a transaction that is in the ordinary course of the day-to-day
operations of the Authority shall be deemed to be a raising by the
Authority, otherwise than by borrowing, of an amount of money equal to
the value of the credit so obtained.
Guarantee of borrowings by Authority
"26B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Authority of money borrowed under
paragraph 26A (1) (a) and the payment by the Authority of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Authority of such amounts (which may
be interest) that the Authority is liable to pay with respect to money
raised under paragraph 26A (1) (b) as are specified in the contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Authority of money borrowed under paragraph
26A (1) (a), and the payment by the Authority of interest (including
any interest on that interest) on money so borrowed, are guaranteed by
the Commonwealth; or
(b) that the payment by the Authority of such money (which may be
interest) that the Authority is liable to pay with respect to money
raised under paragraph 26A (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
"(5) Where a borrowing under paragraph 26A (1) (a) is by the issue of
prescribed securities, the repayment by the Authority of the money so borrowed
and the payment of interest on that money are, by force of this sub-section,
guaranteed by the Commonwealth.
Authority may give security
"26C. The Authority may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Authority of money borrowed by the Authority
under section 26 or paragraph 26A (1) (a) and the payment by the
Authority of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Authority of amounts (including any interest) that
the Authority is liable to pay with respect to money raised by the
Authority under paragraph 26A (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 26B (1) or a determination made under
sub-section 26B (2).
Borrowings not otherwise permitted
"26D. The Authority shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 26 and 26A.
Delegation by Treasurer
"26E. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 26A and 26B.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Division, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Australian Film and Television School Act 1973 Title-
Omit "and Television", substitute ", Television and Radio".
Section 1-
Omit "and Television", substitute ", Television and Radio".
Section 3 (definition of "Council")-
Omit "The Australian Film and Television School", substitute "the Australian
Film, Television and Radio School".
Section 3 (definition of "School")-
Omit "The Australian Film and Television School", substitute "the Australian
Film, Television and Radio School".
Heading to Part II-
Omit "AND TELEVISION", substitute ", TELEVISION AND RADIO".
Sub-section 4 (1)-
Omit "The Australian Film and Television School", substitute "the Australian
Film, Television and Radio School".
Paragraph 4 (2) (c)-
Omit "in its corporate name".
Sub-section 4 (5)-
Omit the sub-section, substitute the following sub-section:
"(5) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of the School appearing on a document and
shall presume that the document was duly sealed.".
Sub-section 7 (1)-
Omit "The Australian Film and Television School", substitute "the Australian
Film, Television and Radio School".
Paragraphs 8 (1) (b) and (c)-
Omit "two", substitute "2".
Paragraphs 8 (1) (d) and (e)-
Omit "five", substitute "5".
Sub-section 8 (2)-
Omit "five" (wherever occurring), substitute "5".
Sub-section 8 (3)-
Omit "ten", substitute "10".
Sub-section 8 (6)-
Omit "his", substitute "the".
Sub-section 8 (8)-
Omit "three" (wherever occurring), substitute "3".
Paragraph 8 (8) (a)-
Omit "his".
Paragraph 9 (1) (b)-
Omit "he", substitute "the first-mentioned member".
Sub-section 9 (2)-
After "his" (wherever occurring), insert "or her".
Sub-section 9 (3)-
After "he", insert "or she".
Paragraph 10 (2) (b)-
After "he", insert "or she".
Sub-section 10 (3)-
After "his" (wherever occurring), insert "or her".
Sub-section 10 (4)-
After "he", insert "or she".
Sub-section 11 (1)-
Omit "he", substitute "the person".
Sub-sections 11 (3), (4) and (5)-
Omit "seventy", substitute "70".
Sub-sections 11 (4) and (5)-
Omit "he", substitute "the person".
Sub-section 11 (5)-
After "his", insert "or her".
Sub-section 13 (4)-
(a) Omit "his" (first and second occurring), substitute "the member's".
(b) After "he", insert "or she".
(c) Omit "resign his office as Chairman or Deputy Chairman by writing
under his hand", substitute "resign from office as Chairman or Deputy
Chairman by writing signed by the member and".
Section 14-
Omit "resign his office by writing under his hand", substitute "resign from
office by writing signed by the member and".
Section 16-
Repeal the section, substitute the following section: Fees and allowances
"16. (1) A member other than the Director shall be paid such fees as are
determined by the Remuneration Tribunal.
"(2) A member other than the Director shall be paid such allowances as are
prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.".
Paragraph 18 (a)-
Omit "his" (wherever occurring).
Paragraph 18 (b)-
Omit "three", substitute "3".
Paragraph 18 (c)-
Omit "his", substitute "the member's".
Section 18-
Omit "him", substitute "the member".
Section 19-
Repeal the section, substitute the following section: Disclosure of pecuniary
interests
"19. (1) A member who has a direct or indirect pecuniary interest in a matter
being considered or about to be considered by the Council shall, as soon as
possible after the relevant facts have come to the member's knowledge,
disclose the nature of the interest at a meeting of the Council.
"(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Council and the member shall not-
(a) be present during any deliberation of the Council with respect to that
matter; or
(b) take part in any decision of the Council with respect to that
matter.".
Paragraph 20 (2) (b)-
Omit "three", substitute "3".
Sub-section 20 (4)-
After "he", insert "or she".
Paragraph 20 (7) (a)-
Omit "six", substitute "6".
Paragraph 20 (7) (b)-
Omit "ten", substitute "10".
Sub-section 21 (2)-
(a) Omit "his", substitute "the person's".
(b) Omit "or television", substitute ", television or radio".
Sub-section 22 (2)-
Omit "one hundred", substitute "100".
Section 25-
Omit "seven", substitute "7".
Section 27-
Repeal the section, substitute the following section: Remuneration and
allowances of Director
"27. (1) The Director shall be paid such remuneration as is determined by the
Remuneration Tribunal.
"(2) The Director shall be paid such allowances as are prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.".
Section 28-
Omit "resign his office by writing under his hand addressed", substitute
"resign from office by writing signed by the Director and delivered".
Paragraph 29 (1) (a)-
Omit "his" (wherever occurring).
Paragraph 29 (1) (b)-
Omit "fourteen consecutive days or for twenty-eight days in any twelve
months", substitute "14 consecutive days or for 28 days in any 12 months".
Paragraph 29 (1) (c)-
Omit "his", substitute "the Director's".
Section 29-
Omit "him", substitute "the Director".
Sub-section 30 (1)-
Omit "his", substitute "the Director's".
Paragraph 31 (1) (b)-
Omit "his", substitute "the Director's".
Sub-section 31 (4)-
Omit "he resigns the appointment by writing under his hand", substitute "the
Acting Director resigns the appointment by writing signed by the Acting
Director and".
Sub-section 31 (5)-
Omit "he", substitute "the Acting Director".
Sub-section 31 (7)-
Omit the sub-section, substitute the following sub-section:
"(7) Anything done by or in relation to a person purporting to act as the
Director under sub-section (1) is not invalid on the ground that-
(a) the occasion for the person's appointment had not arisen;
(b) there was a defect or irregularity in connection with the person's
appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.".
Section 32-
Omit "seventy" (wherever occurring), substitute "70".
Sub-section 32 (2)-
Omit "he", substitute "the person".
Sections 37 and 38-
Repeal the sections, substitute the following sections: Estimates
"37. (1) The Council shall prepare estimates, in such form as the Minister
directs, of expenditure of the School, out of moneys to be paid to the School
under section 36, for each financial year and, if the Minister so directs, for
any other period specified by the Minister, and the Council shall submit
estimates so prepared to the Minister not later than such date as the Minister
directs.
"(2) Moneys paid to the School under section 36 shall not be expended by the
School otherwise than in accordance with estimates of expenditure approved by
the Minister.
Application of Part XI of Audit Act
"38. It is hereby declared that the School is a public authority to which
Division 3 of Part XI of the Audit Act 1901 applies.".
Paragraphs 40 (1) (a), (b) and (c)-
Omit "Fifty thousand dollars", substitute "$50,000".
Paragraph 40 (1) (d)-
Omit "ten", substitute "10".
Sub-section 40 (2)-
Omit "1955-1966", substitute "1955".
Sections 41, 42 and 43-
Repeal the sections.
Section 46-
Repeal the section, substitute the following section: Application of Air
Accidents (Commonwealth Liability) Act
"46. The School is a Commonwealth authority for the purposes of the Air
Accidents (Commonwealth Liability) Act 1963.".
Section 47-
Omit "his" (wherever occurring), substitute "the employee's".
Sub-section 47 (2)-
Omit "him", substitute "the employee".
Paragraph 51 (f)-
Omit "One hundred dollars", substitute "$100".
Australian Institute of Marine Science Act 1972 Section 5-
Omit "of this Act" (wherever occurring).
Sub-section 7 (1)-
Omit "of this Act".
Paragraph 7 (2) (d)-
Omit "in its corporate name".
Sub-section 7 (4)-
Omit the sub-section, substitute the following sub-section:
"(4) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of the Institute appearing on a document and
shall presume that the document was duly sealed.".
Sub-section 10 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 12 (1)-
Omit "four", substitute "4".
Sub-section 12 (3)-
Omit "three", substitute "3".
Sub-section 12 (4)-
(a) Omit "five", substitute "5".
(b) Omit "his", substitute "the member's".
Section 14-
Repeal the section, substitute the following section: Resignation of members
"14. A member may resign from office by writing signed by the member and
delivered to the Governor-General.".
Paragraph 16 (a)-
Omit "his" (wherever occurring).
Paragraph 16 (b)-
Omit "three", substitute "3".
Paragraph 16 (c)-
Omit "his obligations under section 18 of this Act", substitute "section 18".
Sections 18 and 19-
Repeal the sections, substitute the following sections: Disclosure of
pecuniary interests
"18. (1) A member or acting member who has a direct or indirect pecuniary
interest in a matter being considered or about to be considered by the Council
shall, as soon as possible after the relevant facts have come to the member's
knowledge, disclose the nature of the interest at a meeting of the Council.
"(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Council and the member or acting member shall not-
(a) be present during any deliberation of the Council with respect to that
matter; or
(b) take part in any decision of the Council with respect to that matter.
Fees and allowances
"19. (1) A member or acting member shall be paid such fees as are determined
by the Remuneration Tribunal.
"(2) A member or acting member shall be paid such allowances as are
prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.".
Sub-section 20 (3)-
After "he", insert "or she".
Sub-section 20 (5)-
Omit "three", substitute "3".
Sub-section 22 (1)-
(a) Omit "seven", substitute "7".
(b) After "his", insert "or her".
Sub-section 22 (2)-
(a) Omit "sixty-five" (wherever occurring), substitute "65".
(b) Omit "he", substitute "the person".
Section 24-
Repeal the section, substitute the following section: Remuneration and
allowances of Director
"24. (1) The Director shall be paid such remuneration as is determined by the
Remuneration Tribunal.
"(2) The Director shall be paid such allowances as are prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.".
Section 26-
Repeal the section, substitute the following section: Resignation
"26. The Director may resign from office by writing signed by the Director and
delivered to the Governor-General.".
Paragraph 28 (a)-
Omit "his" (wherever occurring).
Paragraph 28 (c)-
Omit the paragraph, substitute the following paragraph:
"(c) is absent from duty, except on leave granted by the Council, for 14
consecutive days or for 28 days in any 12 months,".
Section 28-
Omit "him", substitute "the Director".
Sub-section 29 (1)-
After "his", insert "or her".
Sub-section 29 (2)-
Omit "the last preceding sub-section unless he is", substitute "sub-section
(1) unless".
Section 31-
(a) Omit "his office unless he", substitute "his or her office unless he
or she".
(b) Omit "to this Act".
Section 32-
Repeal the section.
Paragraph 33 (2) (b)-
Omit "his", substitute "the person's".
Paragraph 33 (2) (c)-
(a) Omit "he", substitute "the person".
(b) Omit "to this Act".
Section 34-
Omit "Public Service Act 1922-1972", substitute "Public Service Act 1922".
Sub-section 35 (3)-
(a) Omit "he is".
(b) Omit "he makes", substitute "the person makes".
(c) Omit "to this Act".
Sub-section 36 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Section 37-
Repeal the section, substitute the following section: Application of Part XI
of Audit Act
"37. It is hereby declared that the Institute is a public authority to which
Division 3 of Part XI of the Audit Act 1901 applies.".
Sub-section 38 (2)-
Omit the sub-section.
Section 39, 40 and 41-
Repeal the sections, substitute the following section: Particulars of proposed
expenditure
"40. (1) The Council shall prepare estimates, in such form as the Minister
directs, of expenditure of the Institute out of moneys to be paid to the
Institute under section 36 for each financial year and, if so directed by the
Minister, for any other period and shall submit those estimates to the
Minister not later than such date as the Minister directs.
"(2) The moneys paid to the Institute under section 36 shall not be expended
otherwise than in accordance with estimates of expenditure approved by the
Minister.".
Section 42-
Omit "Fifty thousand dollars", substitute "$100,000".
Section 44-
Repeal the section.
Section 45-
After sub-section (2), insert the following sub-sections:
"(2A) A member of a Committee shall be paid such remuneration by way of fees
as is determined by the Remuneration Tribunal and such allowances as are
prescribed.
"(2B) Sub-section (2A) has effect subject to the Remuneration Tribunals Act
1973.".
Sub-section 45 (3)-
Omit "be paid such fees and allowances, other than annual allowances, as are
prescribed, and shall".
Section 46-
Repeal the section, substitute the following section: Application of Air
Accidents (Commonwealth Liability) Act
"46. The Institute is a Commonwealth authority for the purposes of the Air
Accidents (Commonwealth Liability) Act 1963.".
Sub-section 48 (1)-
After "his", insert "or her".
Sub-section 48 (2)-
(a) After "him", insert "or her".
(b) After "his" (wherever occurring), insert "or her".
Section 51-
Omit "One hundred dollars", substitute "$100".
Australian National Airlines Act 1945 Section 31-
Omit "by instrument".
Sub-section 32 (1)-
Insert ", or consistent with," after "as are specified in".
Sub-section 32 (5)-
Omit "by instrument".
Sub-sections 32D (9), (10), (11) and (12)-
Omit the sub-sections.
After section 32D-
Insert the following section: Delegation by Treasurer
"32DA. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 32, 32A and
32D.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Division, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Australian National Railways Commission Act 1983 Section 53-
Repeal the section.
Section 61-
Omit "by instrument".
Sub-section 62 (1)-
Insert ", or consistent with," after "as are specified in".
Sub-section 62 (5)-
Omit "by instrument".
After section 65-
Insert the following section: Delegation by Treasurer
"65A. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 62 and 63.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Australian Shipping Commission Act 1956 Sub-section 30 (1)-
Insert ", in writing," after "Minister for Finance" (last occurring).
Sub-section 31 (1)-
Insert ", or consistent with," after "as are specified in".
After section 32B-
Insert the following section: Delegation by Treasurer
"32C. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 31 and 32.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Division, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Australian Trade Commission (Transitional Provisions and Consequential
Amendments) Act 1985 Paragraph 56 (a)-
Before "Assistant", insert "an".
Section 57-
Omit "paragraph (a)", substitute "paragraph (11) (a)".
Automotive Industry Authority Act 1984 Sub-section 8 (1)-
Omit "1 March", substitute "31 March".
Bounty (Injection-moulding Equipment) Amendment Act 1985 Paragraph 12 (a)-
After "which", insert "the".
Broadcasting and Television Legislation Amendment Act 1986 After sub-section 5
(3)-
Insert the following sub-sections:
"(3A) Upon the expiration of the period for which Thomas Molomby holds office
as the staff-elected Director by virtue of sub-section 4 (3), the period for
which he is to hold office as the staff-elected Director pursuant to an
election referred to in sub-section (3) of this section is the period of 2
years commencing at the expiration of the first-mentioned period.
"(3B) The person who is the deputy of the staff-elected Director as a result
of an election referred to in sub-section (3) holds office for the period
commencing at the commencement of this Act and ending at the end of the period
of 2 years referred to in sub-section (3A).".
Heading to Part III-
Omit "AND TELEVISION".
Section 15-
Omit "and Television".
Section 17-
Repeal the section.
After section 20-
Insert the following section: Additional operation of certain amendments
"21. Without prejudice to the effect that sections 18, 19 and 20 have apart
from this section, those sections also have effect, for the purposes of the
continued application, by virtue of section 98 of the Broadcasting and
Television Amendment Act 1985, of the Broadcasting and Television Act 1942 as
in force immediately before 1 January 1986, as if the references in those
sections to the Principal Act were references to the Broadcasting and
Television Act 1942 as in force immediately before 1 January 1986.".
Commonwealth Inscribed Stock Act 1911 After section 51J-
Insert the following section in Part VB: Delegation by Treasurer
"51K. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to-
(a) a person for the time being holding or performing the duties of a
specified office in the Australian Public Service; or
(b) a person for the time being holding or performing the duties of a
specified office in the Reserve Bank Service, all or any of the powers
of the Treasurer under section 29.
"(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 Treasurer.
"(3) A delegation under this section does not prevent the exercise of a power
by the Treasurer.".
Sub-section 56 (3)-
Omit the sub-section, substitute the following sub-section:
"(3) A power of attorney has effect for all purposes mentioned in the power of
attorney until notice of its revocation or of-
(a) the bankruptcy;
(b) the death; or
(c) where, apart from this sub-section, the power of attorney would cease
so to have effect because of the mental incapacity of the
principal-the mental incapacity, of the principal has been received by
the Registrar at the Registry where the power of attorney was
deposited or produced.".
Crimes Act 1914 Paragraph 8a (a)-
After "Territory", insert "other than the Australian Capital Territory".
Section 29D-
Omit "$50,000 or imprisonment for 5 years", substitute "$100,000 or
imprisonment for 10 years".
Section 86A-
Omit "$50,000 or imprisonment for 5 years", substitute "$200,000 or
imprisonment for 20 years".
Crimes (Taxation Offences) Act 1980 Sub-section 9 (1)-
Omit "5 years or a fine not exceeding $50,000", substitute "10 years or a fine
not exceeding $100,000".
Customs Undertakings (Penalties) Amendment Act 1985 Title-
Omit "1985", substitute "1981".
Defence Act 1903 Section 16-
(a) Insert "(not being officers who hold appointments as such officers on
probation)" after "Army".
(b) Insert ", including an officer who holds an appointment as such an
officer on probation," after "commission of an officer".
(c) Add at the end the following sub-section:
"(2) Where an officer of the Army holds an appointment as such an officer on
probation, that appointment may be terminated at any time by the Chief of the
General Staff.".
Section 120A-
After sub-section (4), insert the following sub-section:
"(4AA) The Chief of the General Staff may, in writing, delegate to an officer
of the Army who holds a rank not below the rank of Brigadier his or her powers
under section 16.".
Defence Force Discipline Act 1982 Sub-section 86A (4)-
Omit the sub-section, substitute the following sub-section:
"(4) This section shall not be taken to limit, by implication, the classes of
persons who may administer oaths and affirmations for the purposes of this
Part or before whom affidavits to be used for the purposes of this Part may be
sworn or affirmed.".
Sub-section 101AA (4)-
Omit the sub-section, substitute the following sub-section:
"(4) This section shall not be taken to limit, by implication, the classes of
persons who may administer oaths and affirmations for the purposes of this
Part or before whom affidavits to be used for the purposes of this Part may be
sworn or affirmed.".
Sub-section 101V (2)-
Omit "this Division", substitute "a provision of this Division other than
sub-section 101W (3)".
Sub-section 101V (3)-
Omit "this Division", substitute "a provision of this Division other than
sub-section 101W (3)".
Section 101W-
Add at the end the following sub-section:
"(3) An investigating officer may-
(a) enter upon land, not being land referred to in sub-section (2), or
upon or into premises or a ship, aircraft or vehicle, not being
premises or a ship, aircraft or vehicle referred to in sub-section
(2);
(b) search the land, premises, ship, aircraft or vehicle; and
(c) seize any thing found in the course of the search that the
investigating officer believes on reasonable grounds to be connected
with a service offence, if, and only if, the entry, search and seizure
are made by the investigating officer after obtaining, in accordance
with section 101ZA, the consent of the occupier of the land or
premises or of the person in charge of the ship, aircraft or vehicle,
as the case may be, to the entry.".
Extradition (Commonwealth Countries) Act 1966 Section 26-
After sub-section (2), insert the following sub-section:
"(2A) The period for which a person brought before a Magistrate under this
section may be remanded by the Magistrate may, if the person consents, be a
period exceeding 7 days.".
Extradition (Foreign States) Act 1966 Section 18A (being the section relating
to transit that was inserted by section 13 of the Extradition (Foreign States)
Act 1973)-
Re-designate the section as section 18B.
Family Law Act 1975 After section 104-
Insert the following section in Part XII: Recognition in external Territories
"104A. (1) In this section-
'external Territory' does not include Norfolk Island;
'overseas jurisdiction' does not include an external Territory.
"(2) A dissolution or annulment of a marriage, or the legal separation of the
parties to a marriage, effected in accordance with the law of an overseas
jurisdiction that is recognised as valid in Australia shall be recognised as
valid in every external Territory.
"(3) A dissolution or annulment of a marriage, or the legal separation of the
parties to a marriage, effected in accordance with the law of an external
Territory that is recognised as valid in Australia shall be recognised as
valid in every other external Territory.".
Heading to Part XIVA-
Before "INSTITUTE", insert "AUSTRALIAN".
Section 114A (definition of "Institute")-
Before "Institute of Family Studies", insert "Australian".
Sub-section 114B (1)-
Before "Institute of Family Studies", insert "Australian".
Paragraph 114B (2) (b)
After "grants," (first occurring), insert "and with the approval of the
Attorney-General to make grants,".
Section 114B-
Add the following sub-sections:
"(3) The Attorney-General may-
(a) request the Board to arrange for the Institute to engage in a
particular activity (whether research or otherwise) in relation to a
particular matter that is within the functions of the Institute; and
(b) after consultation with the Board, specify the priority that is to be
given to the activity.
"(4) Each report by the Institute under section 63M of the Audit Act 1901, as
that section applies to the Institute by virtue of section 114N of this Act,
shall specify any requests made by the Attorney-General under this section in
the year to which the report relates, the priorities accorded to the matters
to which the requests relate and the progress made by the Institute in that
year in giving effect to any requests made by the Attorney-General under this
section in that year or a previous year.".
After section 114B-
Insert the following sections: Institute to be a body corporate
"114BA. (1) The Institute-
(a) is a body corporate;
(b) shall have a seal; and
(c) may sue and be sued.
"(2) The seal of the Institute shall be kept in such custody as the Board
directs and shall not be used except as authorised by the Board.
"(3) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of the Institute appearing on a document and
shall presume that the document was duly sealed.
Powers of Institute
"114BB. The Institute has power to do all things that are necessary or
convenient to be done in connection with the performance of its functions and,
in particular, has power-
(a) to acquire, hold and dispose of real and personal property;
(b) to enter into contracts; and
(c) to accept gifts, devises and bequests made to the Institute.".
Section 114N-
Omit the section, substitute the following sections: Money payable to
Institute
"114MA. (1) There is payable to the Institute such money as is appropriated by
the Parliament for the purposes of the Institute.
"(2) The Minister for Finance may give directions as to the amounts in which,
and the times at which, money referred to in sub-section (1) is to be paid to
the Institute.
Estimates
"114MB. (1) The Director shall prepare estimates, in such form as the
Attorney-General directs, of expenditure of the Institute out of money paid to
the Institute under section 114MA for each financial year and, if the
Attorney-General so directs, for any other period specified by the
Attorney-General, and the Director shall submit estimates so prepared to the
Attorney-General not later than such date as the Attorney-General directs.
"(2) Money paid to the Institute under section 114MA shall not be expended by
the Institute otherwise than in accordance with estimates of expenditure
approved by the Attorney-General.
Contracts
"114MC. The Institute shall not, except with the approval of the
Attorney-General, enter into a contract involving the payment by the Institute
of an amount exceeding-
(a) subject to paragraph (b)-$100,000; or
(b) if a higher amount is prescribed-that higher amount.
Application of money
"114MD. The money of the Institute shall be applied only-
(a) in payment or discharge of the expenses, charges, obligations and
liabilities incurred or undertaken by the Institute in the performance
of its functions and the exercise of its powers; and
(b) in payment of remuneration and allowances payable under this Part.
Investment of money
"114ME. Money of the Institute not immediately required for the purposes of
the Institute may be invested-
(a) on deposit with an approved bank;
(b) in Commonwealth securities; or
(c) in any other manner approved by the Treasurer.
"(2) In sub-section (1), 'approved bank' means the Reserve Bank of Australia
or another bank for the time being declared by the Treasurer, or by a person
authorised by the Treasurer to give approvals for the purposes of this
sub-section, to be an approved bank in relation to the Institute.
Exemption from taxation
"114MF. The Institute is not subject to taxation under any law of the
Commonwealth, of a State or of a Territory.
Application of Part XI of Audit Act
"114N. It is hereby declared that the Institute is a public authority to which
Division 3 of Part XI of the Audit Act 1901 applies.".
Federal Court of Australia Act 1976 Section 20-
After sub-section (1), insert the following sub-section:
"(1A) If the Chief Judge considers that a matter coming before the Court in
the original jurisdiction of the Court is of sufficient importance to justify
the giving of a direction under this sub-section, the Chief Judge may direct
that the jurisdiction of the Court in that matter shall be exercised by a Full
Court.".
Immigration (Education) Act 1971 Section 3 (definition of "approved course of
instruction")-
Omit "the next succeeding section", insert "section 4".
Paragraph 4 (2) (a)-
Omit "and".
Sub-paragraph 4 (2) (b) (ii)-
(a) Omit "twenty-one", substitute "21".
(b) Add at the end "; and".
Sub-section 4 (2)-
Add at the end the following paragraph:
"(c) the provision in the Territory of Cocos (Keeling) Islands or in the
Territory of Christmas Island of courses of instruction to which this section
relates for persons ordinarily resident in the Territory concerned who-
(i) came to the Territory concerned as immigrants; or
(ii) are persons under the age of 21 years whose parents, or one of
whose parents, came to the Territory concerned as immigrants or
as an immigrant.".
Paragraph 5 (b)-
Omit "paragraph (b) of sub-section (2) of the last preceding section",
substitute "paragraph 4 (2) (b)".
Sub-section 7 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 9 (2)-
Omit "the last preceding sub-section", substitute "sub-section (1)".
Insurance (Agents and Brokers) Act 1984 Sub-section 26 (4)-
Omit "prescribed securities", substitute "such manner as is prescribed".
Insurance Contracts Act 1984 Section 9-
Add at the end the following sub-section:
"(3) This Act does not apply in relation to contracts and proposed contracts
of insurance entered into, or proposed to be entered into, in respect of
aircraft engaged in commercial operations.".
Paragraph 73 (1) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) of the nature of any benefit received or to be received by the supplier,
in relation to arranging the contract, from any person and, except in the case
of a contract known as an open declaration annual transit carriers policy, if
the benefit is in the nature of remuneration and the insured requests the
supplier to inform the insured of the amount or rate of that remuneration,
that amount or rate; and".
Interstate Road Transport Act 1985 Paragraph 39 (b)-
Omit "measuring", substitute "monitoring".
Paragraph 40 (b)-
Omit "measuring", substitute "monitoring".
Judges' Pensions Act 1968 After section 4-
Insert the following section: Certain absences to be included in service
"4A. It is declared for the avoidance of doubt that-
(a) for the purposes of the application of this Act to or in respect of a
person who is, or has at any time been, a Judge, any period in which
the person is or was authorised to make himself or herself unavailable
to perform his or her duties as a Judge shall be deemed to be, or to
have been, part of the period of the person's service as a Judge; and
(b) for the purposes of the application of this Act to or in respect of a
person who holds, or has at any time held, an office or appointment by
virtue of which this Act applies or applied to or in respect of the
person as if the person were a Judge, any period in which the person
is or was authorised to make himself or herself unavailable to perform
his or her duties as the holder of that office or appointment shall be
deemed to be, or to have been, part of the period of the person's
service in that office or appointment.".
Management and Investment Companies Act 1983 Sub-section 3 (1) (definition of
"Australian company")-
Omit paragraph (b), substitute the following paragraph:
"(b) has an authorised share capital of not less than $5,000,000 or, if some
other amount is prescribed for the purposes of sub-section 20 (3), that other
amount;".
Sub-section 3 (1) (definition of "prescribed share capital")-
Omit the definition.
Sub-section 20 (1)-
Omit "under this section", substitute "under this Part".
Paragraph 20 (2) (c)-
Omit "amount of the nominal", substitute "amounts of the authorised".
Sub-section 20 (3)-
(a) Omit "paid-up prescribed share capital of less than $5,000,000 or such
other amount, if any, as is prescribed", substitute "paid-up share
capital of less than $5,000,000 or, if some other amount is
prescribed, that other amount".
(b) Omit "nominal prescribed share capital", substitute "authorised share
capital".
(c) Omit "prescribed share capital" (last occurring), substitute "paid-up
share capital".
Sub-section 21 (1)-
Omit "prescribed".
Sub-section 21 (2)-
(a) Omit from paragraph (a) "paid-up prescribed share capital", substitute
"paid-up share capital".
(b) Omit from paragraph (a) "or" (last occurring).
(c) Add at the end the following word and paragraph:
"; or (c) the applicant is not an Australian company.".
After sub-section 21 (4)-
Insert the following sub-section:
"(4A) A licence granted under this section that is in force on the date of
commencement of this sub-section expires, if not sooner revoked, on 31
December 1986.".
Sub-section 25 (6)-
Omit "31 October", substitute "31 December".
After sub-section 25 (6)-
Insert the following sub-section:
"(7) A licence that was renewed under this section after 31 October 1985 and
before 1 January 1986 expires, if not sooner revoked, on 31 December 1986.".
Paragraph 30 (1) (c)-
Omit "the inclusion of omission or", substitute "the inclusion or omission
of".
Sub-section 38 (3)-
Omit "nominal prescribed share capital", substitute "authorised share
capital".
Sub-section 38 (5)-
Omit "prescribed".
Merit Protection (Australian Government Employees) Act 1984 Sub-paragraph 23
(1) (b) (i)-
After "Department or", insert "prescribed".
Sub-section 23 (3)-
Omit " 'Commonwealth authority' ", substitute " 'prescribed Commonwealth
authority' ".
National Measurement Act 1960 Sub-section 18E (1)-
Omit "of its receipts and expenditure", substitute "of expenditure of the
Commission out of moneys to be paid to the Commission under section 18B".
Sub-section 18E (2)-
Omit "of the Commission", substitute "paid to the Commission under section
18B".
National Museum of Australia Act 1980 Heading to Part II-
Before "MUSEUM", insert "NATIONAL".
National Parks and Wildlife Conservation Act 1975 Section 14C-
At the end of the section, add the following sub-section:
"(8) The performance of the functions and the exercise of the powers of a
Board are not affected by a vacancy or vacancies in the membership of the
Board.".
Naval Defence Act 1910 Sub-section 12 (1)-
Insert "(not being an officer who holds an appointment as such an officer on
probation)" after "officer".
Section 12-
After sub-section (1), insert the following sub-section:
"(1A) Where an officer holds an appointment as such an officer on probation,
that appointment may be terminated at any time by the Chief of Naval Staff.".
Sub-section 12 (2)-
Insert ", including an officer who holds an appointment as such an officer on
probation," after "commission of an officer".
Section 44B-
After sub-section (3), insert the following sub-section:
"(3A) The Chief of Naval Staff may, in writing, delegate to an officer who
holds a rank not below the rank of Commodore his or her powers under section
12.".
Navigation Act 1912 Sub-section 6 (1) (definition of "Commonwealth country")-
Omit the definition.
Sub-section 6 (1) (definition of "Commonwealth ship")-
Omit "but does not include a ship that belongs to the Australian Shipping
Commission;", substitute-
"but does not include a ship-
(d) that belongs to the Australian Shipping Commission;
(e) the beneficial interest in which is vested in the Australian Shipping
Commission; or
(f) that is for the time being demised or sub-demised to, or in the
exclusive possession of, the Australian Shipping Commission;".
Sub-section 6 (1) (definition of "Government ship")-
Omit "but does not include a ship that belongs to the Australian Shipping
Commission;", substitute-
"but does not include a ship-
(d) that belongs to a trading corporation that is an authority or agency
of the Commonwealth or of a State or of a Territory;
(e) the beneficial interest in which is vested in such a trading
corporation; or
(f) that is for the time being demised or sub-demised to, or in the
exclusive possession of, such a trading corporation;".
Sub-section 6 (1) (definition of "ship")-
Omit "Division 3", substitute "Division 1, 3".
Paragraph 8 (3) (a)-
Omit all words from and including "by drilling the seabed", substitute "by
drilling the seabed or its sub-soil, or by obtaining substantial quantities of
material from the seabed or its sub-soil, with equipment that is on or forms
part of the vessel".
Paragraph 8 (3) (b)-
Omit all words from and including "by drilling the seabed", substitute "by
drilling the seabed or its sub-soil, or by obtaining substantial quantities of
material from the seabed or its sub-soil, with equipment that is on or forms
part of the structure".
Section 46-
After sub-section (4), insert the following sub-section:
"(4A) An agreement under this section between the master of a ship and a
seaman may include provision for or in relation to the observance by the
parties to the agreement of a code of conduct.".
Sections 86, 87, 100, 105 to 107 (inclusive), 111, 112, 114 and 115-
Repeal the sections.
Sub-section 148D (2)-
Omit the sub-section.
Sections 179, 181, 387B and 398-
Repeal the sections.
Section 424-
After sub-section (5), insert the following sub-section:
"(5A) The Marine Council may investigate any matter referred to it in
accordance with a provision of an agreement under section 46 relating to the
observance of a code of conduct and may make such recommendations in relation
to the matter as it thinks fit.".
Norfolk Island Act 1979 Sections 49, 50 and 51-
Omit the sections, substitute the following sections: Borrowing from
Commonwealth
"49. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the
Administration or to a Territory authority on such terms and conditions as the
Minister for Finance, in writing, determines.
Borrowings otherwise than from Commonwealth
"50. (1) The Administration or a Territory authority may, with the approval of
the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Administration or
a Territory authority may, under that sub-section, borrow money, or raise
money otherwise than by borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Administration or a Territory authority of an
instrument acknowledging a debt in consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Administration or the Territory authority
shall be deemed to be a raising by the Administration or the Territory
authority, otherwise than by borrowing, of an amount of money equal to the
amount of the money paid or deposited or the value of the credit provided, as
the case may be; and
(b) the obtaining of credit by the Administration or a Territory authority
otherwise than in relation to a transaction that is in the ordinary
course of the day-to-day operations of the Administration or the
Territory authority shall be deemed to be a raising by the
Administration or the Territory authority, otherwise than by
borrowing, of an amount of money equal to the value of the credit so
obtained.
Guarantee of borrowings
"50A. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Administration of money borrowed
under paragraph 50 (1) (a) and the payment by the Administration of
interest (including any interest on that interest) on money so
borrowed; or
(b) guaranteeing the payment by the Administration of such amounts (which
may be interest) that the Administration is liable to pay with respect
to money raised under paragraph 50 (1) (b) as are specified in the
contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Administration of money borrowed under
paragraph 50 (1) (a), and the payment by the Administration of
interest (including any interest on that interest) on money so
borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Administration of such money (which may be
interest) that the Administration is liable to pay with respect to
money raised under paragraph 50 (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
Administration may give security
"50B. The Administration may give security for-
(a) the repayment by the Administration of money borrowed by the
Administration under section 49 or paragraph 50 (1) (a) and the
payment by the Administration of interest (including any interest on
that interest) on money so borrowed;
(b) the payment by the Administration of amounts (including any interest)
that the Administration is liable to pay with respect to money raised
by the Administration under paragraph 50 (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 50A (1) or a determination made under
sub-section 50A (2).
Borrowings not otherwise permitted
"50C. The Administration or a Territory authority shall not borrow money, or
raise money otherwise than by borrowing, except in accordance with sections 49
and 50.
Delegation by Treasurer
"50D. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 50 and 50A.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Northern Territory (Self-Government) Act 1978 Sections 46 and 47-
Omit the sections, substitute the following sections: Borrowing from
Commonwealth
"46. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Territory or
to a Territory authority on such terms and conditions as the Minister for
Finance, in writing, determines.
Borrowings otherwise than from Commonwealth
"47. (1) The Territory or a Territory authority may, with the approval of the
Treasurer of the Commonwealth-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Territory or a
Territory authority may, under that sub-section, borrow money, or raise money
otherwise than by borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Territory or a Territory authority of an instrument
acknowledging a debt in consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Territory or the Territory authority shall be
deemed to be a raising by the Territory or the Territory authority, otherwise
than by borrowing, of an amount of money equal to the amount of the money paid
or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Territory or a Territory authority
otherwise than in relation to a transaction that is in the ordinary
course of the day-to-day operations of the Territory or the Territory
authority shall be deemed to be a raising by the Territory or the
Territory authority, otherwise than by borrowing, of an amount of
money equal to the value of the credit so obtained.
Guarantee of borrowings
"47A. (1) The Treasurer of the Commonwealth may, on behalf of the
Commonwealth, enter into a contract-
(a) guaranteeing the repayment by the Territory of money borrowed by the
Territory under paragraph 47 (1) (a) and the payment by the Territory
of interest (including any interest on that interest) on money so
borrowed; or
(b) guaranteeing the payment by the Territory of such amounts (which may
be interest) that the Territory is liable to pay with respect to money
raised by the Territory under paragraph 47 (1) (b) as are specified in
the contract.
"(2) The Treasurer of the Commonwealth may, in writing, determine-
(a) that the repayment by the Territory of money borrowed by the Territory
under paragraph 47 (1) (a), and the payment by the Territory of
interest (including any interest on that interest) on money so
borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Territory of such money (which may be
interest) that the Territory is liable to pay with respect to money
raised under paragraph 47 (1) (b) as is specified in the determination
is guaranteed by the Commonwealth, and, where the Treasurer of the
Commonwealth makes such a determination, the repayment of that money
and the payment of that interest are, or the payment of that money is,
by force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
Territory may give security
"47B. The Territory may give security for-
(a) the repayment by the Territory or a Territory authority of money
borrowed by the Territory or the Territory authority, as the case may
be, under section 46 or paragraph 47 (1) (a) and the payment by the
Territory or the Territory authority, as the case may be, of interest
(including any interest on that interest) on money so borrowed;
(b) the payment by the Territory or a Territory authority of amounts
(including any interest) that the Territory or the Territory
authority, as the case may be, is liable to pay with respect to money
raised by the Territory or the Territory authority under paragraph 47
(1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 47A (1) or a determination made under
sub-section 47A (2).
Borrowings not otherwise permitted
"47C. The Territory or a Territory authority shall not borrow money, or raise
money otherwise than by borrowing, except in accordance with sections 46 and
47.".
Overseas Telecommunications Act 1946 Section 5-
After the definition of "Acting Commissioner", insert the following
definition:
" 'appoint' includes re-appoint;".
Section 23-
Omit sub-section (3), substitute the following sub-sections:
"(3) The Chairman shall be appointed by the Minister and holds office, subject
to this section, for such period as is specified in the instrument of his or
her appointment and on such terms and conditions as the Minister determines,
but is eligible for re-appointment.
"(3A) A person who has attained the age of 65 years shall not be appointed on
a full-time basis as the Chairman and a person shall not be appointed on a
full-time basis as the Chairman for a period that extends beyond the day on
which the person will attain the age of 65 years.
"(3B) The Minister may terminate the appointment of the Chairman for
misbehaviour or for physical or mental incapacity.
"(3C) The Chairman may resign from office by writing signed by the Chairman
and delivered to the Minister.".
Sub-section 37 (1)-
Omit the definition of "prescribed business", substitute the following
definition:
" 'prescribed business' means a business of providing-
(a) a telecommunications system for Australia by the use of space
satellites; and
(b) space satellite facilities for use in telecommunications systems for
neighbouring regions,
and includes any activity incidental to the carrying on of such a business;".
After sub-section 37 (1)-
Insert the following sub-section:
"(1A) In the definition of 'prescribed business' in sub-section (1),
'Australia', 'neighbouring regions' and 'space satellite' have the same
meanings as in the Satellite Communications Act 1984.".
After section 37-
Insert the following section: Companies involved in certain telecommunications
services
"37A. (1) In this section-
'prescribed business' means a business of providing-
(a) a telecommunications system for Australia by the use of space
satellites; and
(b) space satellite facilities for use in telecommunications systems for
neighbouring regions,
and includes any activity incidental to the carrying on of such a business;
'relevant business' means a business (other than a prescribed business)
relating to any matter that is within the functions or duties of the
Commission or with respect to which the Commission may exercise powers;
'relevant company' means a company that carries on, or proposes to carry on, a
relevant business;
'technical services' means services relating to telecommunications.
"(2) In the definition of 'prescribed business' in sub-section (1),
'Australia', 'neighbouring regions' and 'space satellite' have the same
meanings as in the Satellite Communications Act 1984.
"(3) The Commission may-
(a) form, or participate with other persons in the formation of, a company
to carry on a relevant business;
(b) acquire, hold or dispose of shares or stock in the capital of, or
debentures or other securities of, a relevant company;
(c) enter into a partnership, or an arrangement for the sharing of
profits, with a relevant company in relation to a relevant business;
and
(d) provide technical services (whether in or outside Australia) for a
relevant company or for a partnership referred to in paragraph (c).
"(4) The Commission shall not exercise a power conferred by sub-section (3)
except with the approval of the Minister.
"(5) The Minister shall not give approval under sub-section (4) for the
purposes of paragraph (3) (b) if the relevant company is carrying on a
business other than a relevant business.
"(6) An agreement or arrangement between the Commission and a relevant company
shall include a term empowering the Commission to terminate the agreement or
arrangement if the relevant company ceases to be a relevant company or
commences to carry on a business that is not a relevant business.
"(7) Where-
(a) the Commission has an interest in, or is a party to an agreement or
arrangement with, a relevant company; and
(b) the relevant company ceases to be a relevant company or commences to
carry on a business that is not a relevant business, the Minister may
give to the Commission such directions as the Minister thinks
appropriate with respect to-
(c) the disposal of the interest of the Commission in the company; or
(d) the termination of the agreement or arrangement between the Commission
and the company, as the case may be.
"(8) This section does not authorise a relevant company to carry on a
prescribed business otherwise than in accordance with the relevant law.".
Section 45-
Repeal the section, substitute the following sections: Borrowing from
Commonwealth
"45. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Commission
on such terms and conditions as the Minister for Finance, in writing,
determines.
Borrowings otherwise than from Commonwealth
"45A. (1) The Commission may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Commission may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Commission of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Commission shall be deemed to be a raising by
the Commission, otherwise than by borrowing, of an amount of money equal to
the amount of the money paid or deposited or the value of the credit provided,
as the case may be; and
(b) the obtaining of credit by the Commission otherwise than in relation
to a transaction that is in the ordinary course of the day-to-day
operations of the Commission shall be deemed to be a raising by the
Commission, otherwise than by borrowing, of an amount of money equal
to the value of the credit so obtained.
Guarantee of borrowings by Commission
"45B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Commission of money borrowed under
paragraph 45A (1) (a) and the payment by the Commission of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Commission of such amounts (which may
be interest) that the Commission is liable to pay with respect to
money raised under paragraph 45A (1) (b) as are specified in the
contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Commission of money borrowed under paragraph
45a (1) (a), and the payment by the Commission of interest (including
any interest on that interest) on money so borrowed, are guaranteed by
the Commonwealth; or
(b) that the payment by the Commission of such money (which may be
interest) that the Commission is liable to pay with respect to money
raised under paragraph 45A (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
Commission may give security
"45C. The Commission may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Commission of money borrowed by the Commission
under section 45 or paragraph 45A (1) (a) and the payment by the
Commission of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Commission of amounts (including any interest) that
the Commission is liable to pay with respect to money raised by the
Commission under paragraph 45A (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 45B (1) or a determination made under
sub-section 45B (2).
Borrowings not otherwise permitted
"45D. The Commission shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 45 and 45A.
Delegation by Treasurer
"45E. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 45A and 45B.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Division, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Pipeline Authority Act 1973 Sections 25, 25A, 25B, 25C and 25D-
Repeal the sections, substitute the following sections: Borrowing from
Commonwealth
"25. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Authority on
such terms and conditions as the Minister for Finance, in writing, determines.
Borrowings otherwise than from Commonwealth
"25A. (1) The Authority may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Authority may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) For the purposes of this section-
(a) the issue by the Authority of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Authority shall be deemed to be a raising by
the Authority, otherwise than by borrowing, of an amount of money equal to the
amount of the money paid or deposited or the value of the credit provided, as
the case may be; and
(b) the obtaining of credit by the Authority otherwise than in relation to
a transaction that is in the ordinary course of the day-to-day
operations of the Authority shall be deemed to be a raising by the
Authority, otherwise than by borrowing, of an amount of money equal to
the value of the credit so obtained.
Guarantee of borrowings by Authority
"25B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Authority of money borrowed under
paragraph 25A (1) (a) and the payment by the Authority of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Authority of such amounts (which may
be interest) that the Authority is liable to pay with respect to money
raised under paragraph 25A (1) (b) as are specified in the contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Authority of money borrowed under paragraph
25A (1) (a), and the payment by the Authority of interest (including
any interest on that interest) on money so borrowed, are guaranteed by
the Commonwealth; or
(b) that the payment by the Authority of such money (which may be
interest) that the Authority is liable to pay with respect to money
raised under paragraph 25A (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
Authority may give security
"25C. The Authority may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Authority of money borrowed by the Authority
under section 25 or paragraph 25A (1) (a) and the payment by the
Authority of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Authority of amounts (including any interest) that
the Authority is liable to pay with respect to money raised by the
Authority under paragraph 25A (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 25B (1) or a determination made under
sub-section 25B (2).
Borrowings not otherwise permitted
"25D. The Authority shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 25 and 25A.
Delegation by Treasurer
"25E. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 25A and 25B.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Postal Services Act 1975 Sub-section 3 (1)-
Before the definition of "approved bank", insert the following definition:
" 'appoint' includes re-appoint;".
After section 10A-
Insert the following section: Companies involved in postal and relevant
services
"10B. (1) In this section-
'prescribed business' means a business relating to any matter that is within
the functions or duties of the Commission or with respect to which the
Commission may exercise powers;
'prescribed company' means a company that carries on, or proposes to carry on,
a prescribed business.
"(2) The Commission may-
(a) form, or participate with other persons in the formation of, a company
to carry on a prescribed business;
(b) acquire, hold or dispose of shares or stock in the capital of, or
debentures or other securities of, a prescribed company; and
(c) enter into a partnership, or an arrangement for the sharing of
profits, with a prescribed company in relation to a prescribed
business.
"(3) The Commission shall not exercise a power conferred by sub-section (2)
except with the approval of the Minister.
"(4) The Minister shall not give approval under sub-section (3) for the
purposes of paragraph (2) (b) if the prescribed company is carrying on a
business other than a prescribed business.
"(5) An agreement or arrangement between the Commission and a prescribed
company shall include a term empowering the Commission to terminate the
agreement or arrangement if the prescribed company ceases to be a prescribed
company or commences to carry on a business that is not a prescribed business.
"(6) Where-
(a) the Commission has an interest in, or is a party to an agreement or
arrangement with, a prescribed company; and
(b) the prescribed company ceases to be a prescribed company or commences
to carry on a business that is not a prescribed business, the Minister
may give to the Commission such directions as the Minister thinks
appropriate with respect to-
(c) the disposal of the interest of the Commission in the company; or
(d) the termination of the agreement or arrangement between the Commission
and the company, as the case may be.
"(7) This section does not authorise a prescribed company to carry on a
prescribed business otherwise than in accordance with the relevant law.".
Sub-section 37 (8)-
Omit "misconduct", substitute "misbehaviour".
Sub-section 55 (6)-
Omit the sub-section, substitute the following sub-sections:
"(6) The Chairman of a Promotions Appeal Board holds office, subject to this
section, for such period as is specified in the instrument of his or her
appointment and on such terms and conditions as the Minister determines, but
is eligible for re-appointment.
"(6A) A person who has attained the age of 65 years shall not be appointed as
a full-time Chairman of a Promotions Appeal Board and a person shall not be
appointed as a full-time Chairman of a Promotions Appeal Board for a period
that extends beyond the day on which the person will attain the age of 65
years.
"(6B) The Minister may terminate the appointment of the Chairman of a
Promotions Appeal Board for misbehaviour or for physical or mental incapacity.
"(6C) The Chairman of a Promotions Appeal Board may resign from office by
writing signed by the Chairman and delivered to the Minister.".
Sub-section 55 (8)-
Omit "misconduct", substitute "misbehaviour".
Section 75-
Repeal the section, substitute the following sections: Borrowing from
Commonwealth
"75. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Commission
on such terms and conditions as the Minister for Finance, in writing,
determines.
Borrowings otherwise than from Commonwealth
"75A. (1) The Commission may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Commission may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Commission of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Commission shall be deemed to be a raising by
the Commission, otherwise than by borrowing, of an amount of money equal to
the amount of the money paid or deposited or the value of the credit provided,
as the case may be; and
(b) the obtaining of credit by the Commission otherwise than in relation
to a transaction that is in the ordinary course of the day-to-day
operations of the Commission shall be deemed to be a raising by the
Commission, otherwise than by borrowing, of an amount of money equal
to the value of the credit so obtained.
Guarantee of borrowings by Commission
"75B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Commission of money borrowed under
paragraph 75A (1) (a) and the payment by the Commission of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Commission of such amounts (which may
be interest) that the Commission is liable to pay with respect to
money raised under paragraph 75A (1) (b) as are specified in the
contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Commission of money borrowed under paragraph
75A (1) (a), and the payment by the Commission of interest (including
any interest on that interest) on money so borrowed, are guaranteed by
the Commonwealth; or
(b) that the payment by the Commission of such money (which may be
interest) that the Commission is liable to pay with respect to money
raised under paragraph 75A (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
"(5) Where a borrowing under paragraph 75A (1) (a) is by the issue of
prescribed securities, the repayment by the Commission of the money so
borrowed and the payment of interest on that money are, by force of this
sub-section, guaranteed by the Commonwealth.
Commission may give security
"75C. The Commission may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Commission of money borrowed by the Commission
under section 75 or paragraph 75A (1) (a) and the payment by the
Commission of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Commission of amounts (including any interest) that
the Commission is liable to pay with respect to money raised by the
Commission under paragraph 75A (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 75B (1) or a determination made under
sub-section 75B (2).
Borrowings not otherwise permitted
"75D. The Commission shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 75 and 75A.
Delegation by Treasurer
"75E. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or perfoming the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 75A and 75B.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Public Service Act 1922 Sub-section 25 (7)-
Omit "approved by the Prime Minister and presented to the Parliament",
substitute "presented to the Parliament by the Prime Minister after approval
by the Joint Committee of Public Accounts".
Sub-section 25 (8) (being the sub-section added by section 11 of the Public
Service and Statutory Authorities Amendment Act 1980)-
Re-designate the sub-section as sub-section (5A) and re-locate it after
sub-section (5).
Sub-section 25 (9)-
Add at the end "other than the Department of the Senate, the Department of the
House of Representatives, the Department of the Parliamentary Library, the
Department of the Parliamentary Reporting Staff and the Joint House
Department".
Sub-section 87 (2)-
After paragraph (j), insert the following paragraphs:
"(ja) employment as a member of, or as the holder of an office or appointment
in the service of, the Joint Coal Board;
"(jb) employment as a member of the staff of the Australian Defence Force
Academy;".
Public Service and Statutory Authorities Amendment Act 1985 Schedule-
Omit the amendments of the Museum of Australia Act 1980.
Radiocommunications Act 1983 Sub-section 70 (1)-
Omit "24", insert "48".
After section 72-
Insert the following section: Power of inspectors to enter premises and adjust
transmitters in emergencies
"72A. (1) Where an inspector believes on reasonable grounds that-
(a) a transmitter is being used on any land, or on or in any premises,
vessel, aircraft or vehicle, in contravention of section 65;
(b) the land, premises, vessel, aircraft or vehicle is or are unoccupied;
and
(c) the use of the transmitter is interfering with radiocommunications
that are essential to the safety of human life, the inspector may-
(d) enter upon the land, or upon or into the premises, vessel, aircraft or
vehicle, if the entry is made in circumstances of such seriousness and
urgency as to require and justify entry without the authority of an
order of a court or of a warrant issued under this Act; and
(e) subject to sub-section (2), take such action as the inspector
considers necessary to cause the transmitter to cease operating or to
operate in such a way as not to interfere with radiocommunications as
mentioned in paragraph (c).
"(2) In exercising a power conferred by paragraph (1) (e) in relation to a
transmitter, an inspector shall endeavour to ensure that any disruption caused
to the performance of the transmitter is no greater than is necessary to
prevent the interference with radiocommunications as mentioned in paragraph
(1) (c).
"(3) Where an inspector has, pursuant to a power conferred by this section,
entered upon any land, or upon or into any premises, vessel, aircraft or
vehicle, and taken any action in respect of a transmitter, the inspector
shall, as soon as practicable, take all reasonable steps to notify the owner
of the transmitter of the taking of that action.".
Section 73-
Add at the end the following sub-sections:
"(3) Where-
(a) an officer appointed by the Minister to make the application makes an
application to a court of summary jurisdiction for an order under this
sub-section in relation to a thing seized under this Act; and
(b) the court is satisfied that-
(i) a period of not less than 12 months has elapsed since the thing
was seized; and
(ii) all reasonable steps have been taken on behalf of the
Commonwealth to arrange for the owner of the thing, or the
person from whose possession the thing was seized, to take
possession of the thing, the court may make an order
authorising the Minister to dispose of the thing.
"(4) Where an order has been made by a court under sub-section (3) in relation
to a thing, the Minister may, by writing signed by the Minister, direct that
the thing be sold or otherwise disposed of upon such conditions (if any) as
are specified in the instrument of direction.".
After section 81-
Insert the following section: Institution of proceedings
"81A. (1) A prosecution for an offence against this Act or the regulations may
be instituted in the name of the Minister.
"(2) The reference in sub-section (1) to an offence against this Act or the
regulations 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, that relates to this Act or to the regulations, as the
case requires.".
Sub-section 84 (2)-
Omit "Part II or under or arising out of", substitute "this Act or".
Rural Industries Research (Transitional Provisions and Consequential Amendments)
Act 1985 Schedule 2 (amendments of the
Oilseeds Levy Collection and Research Act 1977)-
Omit "Sub-section 9 (3)", substitute "Sub-section 9 (2)".
Sales Tax (Exemptions and Classifications) Act 1935 First Schedule (Item 152)-
Omit "and Television".
Sex Discrimination Act 1984 After section 75-
Insert the following section: Fees for witnesses
"75A. (1) A person summoned to appear before the Commission is entitled to be
paid, in respect of the person's attendance, fees, and allowances for
expenses, fixed by or in accordance with the regulations.
"(2) Subject to sub-section (3), the fees and allowances shall be paid-
(a) in a case where the person was summoned at the request of a person
other than the Commonwealth-by the person who made the request; or
(b) in any other case-by the Commonwealth.
"(3) The Commission may, in its discretion, order that the fees and allowances
payable to a person summoned as mentioned in paragraph (2) (a) shall be paid,
in whole or in part, by the Commonwealth.".
Shipping Registration Act 1981 Section 22B-
Omit "has been made under section 15 for registration of the ship", substitute
"for registration of the ship under section 15 has been lodged with the
Registrar".
Sub-section 47A (1)-
Omit "interest" (last occurring), substitute "ship or share".
Sub-section 47B (1)-
After "part owner" (wherever occurring), insert ", or as a mortgagee,".
Snowy Mountains Engineering Corporation Act 1970 Sub-section 39 (2)-
Omit ", subject to the approval of the Public Service Board,".
Section 44-
Repeal the section, substitute the following sections: Borrowing from
Commonwealth
"44. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Corporation
on such terms and conditions as the Minister for Finance, in writing,
determines.
Borrowings otherwise than from Commonwealth
"44A. (1) The Corporation may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Corporation may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Corporation of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Corporation shall be deemed to be a raising
by the Corporation, otherwise than by borrowing, of an amount of money equal
to the amount of the money paid or deposited or the value of the credit
provided, as the case may be; and
(b) the obtaining of credit by the Corporation otherwise than in relation
to a transaction that is in the ordinary course of the day-to-day
operations of the Corporation shall be deemed to be a raising by the
Corporation, otherwise than by borrowing, of an amount of money equal
to the value of the credit so obtained.
Guarantee of borrowings by Corporation
"44B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Corporation of money borrowed under
paragraph 44A (1) (a) and the payment by the Corporation of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Corporation of such amounts (which may
be interest) that the Corporation is liable to pay with respect to
money raised under paragraph 44A (1) (b) as are specified in the
contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Corporation of money borrowed under
paragraph 44A (1) (a), and the payment by the Corporation of interest
(including any interest on that interest) on money so borrowed, are
guaranteed by the Commonwealth; or
(b) that the payment by the Corporation of such money (which may be
interest) that the Corporation is liable to pay with respect to money
raised under paragraph 44A (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
Corporation may give security
"44C. The Corporation may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Corporation of money borrowed by the Corporation
under section 44 or paragraph 44A (1) (a) and the payment by the
Corporation of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Corporation of amounts (including any interest)
that the Corporation is liable to pay with respect to money raised by
the Corporation under paragraph 44A (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 44B (1) or a determination made under
sub-section 44B (2).
Borrowings not otherwise permitted
"44D. The Corporation shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 44 and 44A.
Delegation by Treasurer
"44E. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 44A and 44B.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
Section 45-
Omit "money borrowed under section 44", substitute "money borrowed or
otherwise raised under section 44 or 44A".
Snowy Mountains Hydro-electric Power Act 1949 Sections 27, 28 and 29-
Repeal the sections, substitute the following sections: Borrowing from
Commonwealth
"27. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Authority on
such terms and conditions as the Minister for Finance, having regard to the
provisions of clause 15 of the Agreement, in writing, determines.
Borrowings otherwise than from Commonwealth
"28. (1) The Authority may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Authority may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Authority of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Authority shall be deemed to be a raising by
the Authority, otherwise than by borrowing, of an amount of money equal to the
amount of the money paid or deposited or the value of the credit provided, as
the case may be; and
(b) the obtaining of credit by the Authority otherwise than in relation to
a transaction that is in the ordinary course of the day-to-day
operations of the Authority shall be deemed to be a raising by the
Authority, otherwise than by borrowing, of an amount of money equal to
the value of the credit so obtained.
Guarantee of borrowings by Authority
"28A. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Authority of money borrowed under
paragraph 28 (1) (a) and the payment by the Authority of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Authority of such amounts (which may
be interest) that the Authority is liable to pay with respect to money
raised under paragraph 28 (1) (b) as are specified in the contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Authority of money borrowed under paragraph
28 (1) (a), and the payment by the Authority of interest (including
any interest on that interest) on money so borrowed, are guaranteed by
the Commonwealth; or
(b) that the payment by the Authority of such money (which may be
interest) that the Authority is liable to pay with respect to money
raised under paragraph 28 (1) (b) as is specified in the determination
is guaranteed by the Commonwealth, and, where the Treasurer makes such
a determination, the repayment of that money and the payment of that
interest are, or the payment of that money is, by force of this
sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
"(5) Where a borrowing under paragraph 28 (1) (a) is by the issue of
prescribed securities, the repayment by the Authority of the money so borrowed
and the payment of interest on that money are, by force of this sub-section,
guaranteed by the Commonwealth.
Authority may give security
"28B. The Authority may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Authority of money borrowed by the Authority
under section 27 or paragraph 28 (1) (a) and the payment by the
Authority of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Authority of amounts (including any interest) that
the Authority is liable to pay with respect to money raised by the
Authority under paragraph 28 (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that
the Commonwealth may become liable to pay under a contract entered
into under sub-section 28A (1) or a determination made under
sub-section 28A (2).
Borrowings not otherwise permitted
"29. The Authority shall not borrow money, or raise money otherwise than by
borrowing, except in accordance with sections 27 and 28.
Delegation by Treasurer
"29A. (1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 28 and 28A.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Part, be deemed to have been exercised by the Treasurer.
"(3) A delegate is, in the exercise of a power so delegated, subject to the
directions of the Treasurer.
"(4) A delegation under sub-section (1) does not prevent the exercise of a
power by the Treasurer.".
States and Northern Territory Grants (Rural Adjustment) Act 1985 Section 4-
Omit "the Schedule", substitute "Schedule 1".
After section 4-
Insert the following section: Approval of execution of amending agreement
"4A. The execution, on behalf of the Commonwealth, of an agreement between the
Commonwealth and all or any of the States substantially in accordance with the
form set out in Schedule 2 is approved.".
Section 5-
(a) Insert "as amended by the agreement referred to in section 4A" after
"section 4".
(b) Omit "that agreement", substitute "the first-mentioned agreement as
amended by the second-mentioned agreement".
Heading to Schedule-
Omit "SCHEDULE", substitute "SCHEDULE 1".
After the Schedule-
Insert the Schedule set out in Schedule 3 to this Act.
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 Schedule 1-
Omit "Australian Science and Technology Council Act 1979", substitute "
Australian Science and Technology Council Act 1978".
Telecommunications Act 1975 Sub-section 3 (1)-
Before the definition of "approved bank", insert the following definition:
" 'appoint' includes re-appoint;".
Sub-section 34 (8)-
Omit "misconduct", substitute "misbehaviour".
Sub-section 52 (6)-
Omit the sub-section, substitute the following sub-sections:
"(6) The Chairman of a Promotions Appeal Board holds office, subject to this
section, for such period as is specified in the instrument of his or her
appointment and on such terms and conditions as the Minister determines, but
is eligible for re-appointment.
"(6A) A person who has attained the age of 65 years shall not be appointed as
a full-time Chairman of a Promotions Appeal Board and a person shall not be
appointed as a full-time Chairman of a Promotions Appeal Board for a period
that extends beyond the day on which the person will attain the age of 65
years.
"(6B) The Minister may terminate the appointment of the Chairman of a
Promotions Appeal Board for misbehaviour or for physical or mental incapacity.
"(6C) The Chairman of a Promotions Appeal Board may resign from office by
writing signed by the Chairman and delivered to the Minister.".
Sub-section 52 (8)-
Omit "misconduct", substitute "misbehaviour".
Section 72-
Repeal the section, substitute the following sections: Borrowing from
Commonwealth
"72. The Minister for Finance may, on behalf of the Commonwealth, out of money
appropriated by the Parliament for the purpose, lend money to the Commission
on such terms and conditions as the Minister for Finance, in writing,
determines.
Borrowings otherwise than from Commonwealth
"72A. (1) The Commission may, with the approval of the Treasurer-
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing, on terms and conditions that
are specified in, or consistent with, the approval.
"(2) Without limiting the generality of sub-section (1), the Commission may,
under that sub-section, borrow money, or raise money otherwise than by
borrowing, by dealing with securities.
"(3) A borrowing of money, or a raising of money otherwise than by borrowing,
under sub-section (1) may be made, in whole or in part, in a currency other
than Australian currency.
"(4) An approval may be given under sub-section (1) in relation to a
particular transaction or in relation to transactions included in a class of
transactions.
"(5) An approval under sub-section (1) shall be given in writing.
"(6) In this section, 'securities' includes stocks, debentures, debenture
stocks, notes, bonds, promissory notes, bills of exchange and similar
instruments or documents.
"(7) A reference in this section to dealing with securities includes a
reference to-
(a) creating, executing, entering into, drawing, making, accepting,
endorsing, issuing, discounting, selling, purchasing or re-selling
securities;
(b) creating, selling, purchasing or re-selling rights or options in
respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
"(8) For the purposes of this section-
(a) the issue by the Commission of an instrument acknowledging a debt in
consideration of-
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of
the day-to-day operations of the Commission shall be deemed to be a raising by
the Commission, otherwise than by borrowing, of an amount of money equal to
the amount of the money paid or deposited or the value of the credit provided,
as the case may be; and
(b) the obtaining of credit by the Commission otherwise than in relation
to a transaction that is in the ordinary course of the day-to-day
operations of the Commission shall be deemed to be a raising by the
Commission, otherwise than by borrowing, of an amount of money equal
to the value of the credit so obtained.
Guarantee of borrowings by Commission
"72B. (1) The Treasurer may, on behalf of the Commonwealth, enter into a
contract-
(a) guaranteeing the repayment by the Commission of money borrowed under
paragraph 72A (1) (a) and the payment by the Commission of interest
(including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Commission of such amounts (which may
be interest) that the Commission is liable to pay with respect to
money raised under paragraph 72A (1) (b) as are specified in the
contract.
"(2) The Treasurer may, in writing, determine-
(a) that the repayment by the Commission of money borrowed under paragraph
72A (1) (a), and the payment by the Commission of interest (including
any interest on that interest) on money so borrowed, are guaranteed by
the Commonwealth; or
(b) that the payment by the Commission of such money (which may be
interest) that the Commission is liable to pay with respect to money
raised under paragraph 72A (1) (b) as is specified in the
determination is guaranteed by the Commonwealth, and, where the
Treasurer makes such a determination, the repayment of that money and
the payment of that interest are, or the payment of that money is, by
force of this sub-section, guaranteed by the Commonwealth.
"(3) A contract may be entered into under sub-section (1), and a determination
may be made under sub-section (2), in relation to a particular transaction or
in relation to transactions included in a class of transactions.
"(4) A contract entered into under sub-section (1) may include either or both
of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings
under the contract may be taken in the courts, or a specified court,
of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of
the Commonwealth from suit in the courts, or a specified court, of a
country other than Australia in relation to any proceedings that may
be taken under the contract.
"(5) Where a borrowing under paragraph 72A (1) (a) is by the issue of
prescribed securities, the repayment by the Commission of the money so
borrowed and the payment of interest on that money are, by force of this
sub-section, guaranteed by the Commonwealth.
Commission may give security
"72C. The Commission may give security over the whole or any part of its land
or other assets for-
(a) the repayment by the Commission of money borrowed by the Commission
under section 72 or paragraph 72A (1) (a) and the payment by the
Commission of interest (including any interest on that interest) on
money so borrowed;
(b) the payment by the Commission of amounts (including any interest) that
the Commission is liable to pay with respect to money raised by the