STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 1
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 1
SCHEDULE 1 Section 115
AMENDMENTS OF OTHER ACTS
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Act Amendments
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Aboriginal Councils and
Associations Act 1976 Paragraph 5 (1) (c) -
Omit "Corporation", substitute "corporation".
Sub-section 38 (4) -
Insert "and income and expenditure statement" after
"balance sheet"
(wherever occurring).
Sub-section 50 (2) -
Omit "convenant", substitute "covenant".
Sub-section 59 (4) -
Insert "and income and expenditure statement" after
"balance sheet"
(wherever occurring).
Sub-section 61 (1) -
Omit "Council", substitute "Governing Committee".
Acts Interpretation Act
1901 After section 15A insert the following section:
Regard to be had to purpose or object of Act
"15AA. (1) In the interpretation of a provision of an
Act, a construction that would promote the purpose or
object underlying the Act (whether that purpose or
object is expressly stated in the Act or not) shall
be preferred to a construction that would not promote that
purpose or object.
"(2) Nothing in sub-section (1) shall be construed as
authorizing, in the
interpretation of a provision of an Act, the
consideration of any matter
or document not forming part of the Act for any
purpose for which that matter or document could not be
considered apart from that sub-section.".
Administrative Appeals
Tribunal Act 1975 Schedule -
Omit the heading to Part XXIV, substitute the following heading:
"PART XXIV - PATENT ATTORNEYS REGULATIONS".
Aged or Disabled Persons
Homes Act 1954 Sub-section 7 (2) -
Omit "time, or by such instalments and at such times,
as are", substitute
"time as is, or by such instalments and at such times
as are,".
Atomic Energy Act 1953 Paragraph 41 (2) (d) -
Omit "the last preceding paragraph", substitute
"paragraph (c)".
Australian Capital Territory Supreme
Court Act 1953 Section 3 -
Omit "the 1 January 1934", substitute "1 January
1934". Paragraph 11 (a) -
Omit "the 1 January 1911", substitute "1 January 1911".
Australian Citizenship
Act 1948 Section 41 -
Omit "16", substitute "15".
Australian Heritage
Commission Act 1975 Paragraph 26 (3) (c) -
Omit " section 25 (3)", substitute "sub-section 25 (3)".
Australian Industry Development
Corporation Act 1970 Sub-section 8 (4) -
Omit "Subject to the National Investment Fund Act
1974, the", substitute "The".
Section 26A -
Repeal the section.
Section 36A -
Omit from sub-sections (1) and (6) "or the National
Investment Fund Act 1974".
Section 37 -
(1) Omit from sub-section (1A) "of this Act or
sub-section (2) of section 21 of the National
Investment Fund Act 1974".
(2) Omit sub-section (2), substitute the following
sub-section:
"(2) A report under sub-section (1) shall contain a
copy of any certificate given by the Auditor-General
for the purposes of sub-section 24 (5) during the year
to which the report relates.".
Australian Institute of Aboriginal Studies
Act 1961 Sub-section 30 (3) -
Omit "fifteen days sitting", substitute "fifteen
sitting days".
Australian Meat and Live-stock Corporation
Act 1977 Sub-section 17 (2) -
Omit "as fixed", substitute "affixed".
Australian War Memorial
Act 1980 Sub-section 27 (1) -
Omit "29", substitute "28".
Bounty (Metal-working Machine Tools) Act 1978 Sub-section 3 (1) -
Omit "12" from the definition of "authorized person",
substitute "14".
Broadcasting and
Television Act 1942 Sub-section 44 (11) -
Omit "period of service of employment", substitute
"period of service or employment".
Cities Commission
(Repeal) Act 1975 Section 4 -
Omit "Department of Environment, Housing and Community
Development" from the definition of "authorized
officer", substitute "Department of National
Development and Energy".
Section 7 -
Omit "Department of Environment, Housing and Community
Development", substitute "Department of National
Development and Energy".
Commonwealth Employees (Redeployment and
Retirement) Act 1979 Paragraph 12 (1) (e) -
Omit "under Public Service Act 1922", substitute
"under the Public Service Act 1922".
Commonwealth Teaching
Service Act 1972 Sub-section 23A (11) -
Omit "period of service of employment", substitute
"period of service or employment".
Conciliation and
Arbitration Act 1904 Sub-section 186 (2) -
Insert "profits or" after "trade secret or to the".
Copyright Act 1968 Paragraph 55 (3) (b) -
Omit "sub-paragraph (iii) or sub-paragraph (iv) of
paragraph (a) of sub-section (1) of this section",
substitute "sub-paragraph (1) (a) (iii) or (iv)".
Paragraph 206 (3) (e) -
Omit "of this sub-section".
Customs Act 1901 Section 132E -
Repeal the section.
Section 151A -
(1) Omit from sub-section (1) "Malawi, Southern
Rhodesia, Zambia".
(2) Omit sub-section (4).
Paragraph 196 (1) -
Insert "of Customs or of police" after "officer".
Defence Act 1903 Paragraph 124 (1) (r) -
Omit "of this Act".
Defence (Parliamentary
Candidates) Act 1969 Sub-section 14 (1) -
Omit "the the", substitute "the".
Environment Protection (Impact of Proposals)
Act 1974 Paragraph 9 (b) -
Omit "prescribing", substitute "prescribe".
Excise Act 1901 Section 59D -
Repeal the section.
Sub-section 77M (2) -
Omit "sub-item (2) of item 17 (A) in the Schedule to
the Excise Tariff Act 1921", substitute "paragraph (2)
of sub-item (A) of item 17 to the Schedule to the
Excise Tariff Act 1921".
Federal Court of
Australia Act 1976 Section 13 -
Omit "attached" (wherever occurring) substitute
"assigned".
Sub-section 14 (2) -
Omit "attached", substitute "assigned".
Sub-section 45 (1)
Omit "or a Deputy Registrar", substitute ", a Deputy
Registrar, a District Registrar or a Deputy District
Registrar".
Sub-section 49 (1) -
Omit "any of them may be reduced to writing and may be
made public by any other Judge at any subsequent
sitting of a Full Court of the Court", substitute "any
one of them may be reduced to writing and may be made
public by any other of them at any subsequent sitting
of the Court".
Gift Duty Assessment
Act 1941 Paragraph 39 (1) (a) -
Add at the end thereof "or".
Homes Savings Grant
Act 1964 Sub-section 4 (1) -
Omit "Department of Environment, Housing and Community
Development" from the definition of "Secretary",
substitute "Department of Housing and Construction".
Section 7 -
Omit "Department of Environment, Housing and Community
Development" (wherever occurring), substitute
"Department of Housing and Construction".
Section 8 -
Omit "Department of Environment, Housing and Community
Development", substitute "Department of Housing and
Construction".
Section 8A -
Repeal the section.
Honey Industry Act 1962 Sub-section 17 (2) -
Omit "paragraphs (d) and (e) of the last preceding
section", substitute "paragraphs 16 (d) and (e)".
Judiciary Amendment Act
(No. 2) 1979 Section 18 -
Omit sub-section (6).
Migration Act 1958 Paragraph 8 (1) (b) -
Add at the end thereof ", not being a person in
respect of whom a declaration is in force under sub-section
(2) ".
Sub-section 67 (1) -
Omit "(aa)" (second occurring), substitute "(ab)".
National Capital Development
Commission Act 1957 Sub-section 13 (1) -
(1) Omit "Minister of State for Construction",
substitute "Minister for Housing and Construction".
(2) Omit "Department of Construction", substitute
"Department of Housing and Construction".
National Service Act
1951 Section 4 -
Omit "Department of Employment and Industrial
Relations", from the definitions of "the Department"
and "the Secretary", substitute "Department of
Employment and Youth Affairs".
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Act Amendments
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Navigation Act 1912 Section 358 -
Omit sub-section (2), substitute the following
sub-section:
"(2) In sub-section (1), 'Judge', in relation to a
Court of Marine
Inquiry, means -
(a) a Judge of the Federal Court of Australia; or
(b) a Judge of the Supreme Court of a State or
Territory or of a County Court, District Court or
Local Court of a State who is authorized by the
Governor-General to sit as the member, or
as a member, of the Court of Marine Inquiry.".
Ombudsman Act 1976 Sub-section 28 (5) -
Omit "had", substitute "has".
Overseas Telecommunications
Act 1946 Sub-section 33AA (11) -
Omit "period of service of employment", substitute
"period of service
or employment".
Paragraph 64 (2) (a) -
Omit "Justice", substitute "Judge".
Parliamentary Counsel
Act 1970 Section 2 -
Omit from sub-section (3) "of this Act".
Section 4 -
Omit "five" substitute "5".
Section 5 -
(1) Omit from sub-section (1) "seven", substitute "7".
(2) Omit from sub-section (2) "sixty-five" (wherever
occurring), substitute "65".
Section 6 -
Repeal the section, substitute the following section:
Remuneration and allowances
"6. (1) The First Parliamentary Counsel and the Second
Parliamentary Counsel shall be paid such remuneration as is
determined by the Remuneration Tribunal.
"(2) The First Parliamentary Counsel and the Second
Parliamentary Counsel shall be paid such allowances as are
prescribed.
"(3) This section has effect subject to the
Remuneration Tribunals Act 1973.".
Section 10 -
Omit from sub-section (2), "fourteen", "twenty-eight"
and "twelve", substitute "14", "28" and "12", respectively.
Sections 11 and 12 -
Repeal the sections.
Section 14 -
Omit "to this Act".
Section 15 -
Repeal the section, substitute the following section:
Acting appointments
"15. (1) The Governor-General may appoint a person who
is eligible for appointment as the First Parliamentary
Counsel to act in the office of First Parliamentary Counsel -
(a) during a vacancy in that office; or
(b) during any period, or during all periods, when the
person holding that office is absent from duty or from
Australia or is, for any other reason, unable to perform
the functions of that office.
"(2) The Governor-General may appoint a person who is
eligible for appointment as a Second Parliamentary Counsel
to act in an office of Second Parliamentary Counsel -
(a) during a vacancy in that office; or
(b) during any period, or during all periods, when the
person holding an office of Second Parliamentary Counsel
is absent from duty or from Australia, is acting in the
office of First Parliamentary Counsel or is, for any other
reason, unable to perform the functions of his office of
Second Parliamentary Counsel.
"(3) An appointment of a person under sub-section (1)
or (2) may be expressed to have effect only in such
circumstances as are specified in the
instrument of appointment.
"(4) The Governor-General may -
(a) determine the terms and conditions of appointment,
including remuneration and allowances, of a person
acting in the office of First Parliamentary Counsel
or in an office of Second Parliamentary Counsel; and
(b) terminate such an appointment at any time.
"(5) Where a person is acting in the office of First
Parliamentary Counsel in accordance with paragraph
(1) (b) or in an office of Second Parliamentary Counsel
in accordance with paragraph (2) (b) and the
office becomes vacant while that person is so acting,
that person may continue so to act until the
Governor-General otherwise directs or the
vacancy is filled, whichever first happens.
"(6) Sections 7, 8 and 14 apply in relation to a
person appointed under this section to act in the
office of First Parliamentary Counsel or in an
office of Second Parliamentary Counsel in like manner
as they apply in relation to the First Parliamentary
Counsel or a Second Parliamentary Counsel, as the
case may be.
"(7) While a person is acting in the office of First
Parliamentary Counsel, he has and may exercise all
the powers, and shall perform all the functions, of
the First Parliamentary Counsel under this Act or any
other law.
"(8) The validity of anything done (whether before or
after the commencement of this section) by a person
who purported to act in the office of First Parliamentary
Counsel shall not be called in question on
the ground that the occasion for his appointment had
not arisen, that there was a defect or irregularity
in or in connection with his appointment,
that the appointment had ceased to have effect or
that the occasion for him to act had not arisen or had ceased.".
Section 16 -
(1) Omit from sub-sections (1), (2) and (3)
"1922-1968", substitute "1922".
(2) Omit from sub-section (2) "Public Service of the
Commonwealth" (wherever occurring), substitute
"Australian Public Service".
(3) Omit from sub-section (3) "(5) and (6) of section
25" substitute "25 (5) and (6)".
Pig Industry Research
Act 1971 Paragraph 5 (2) (b) -
Omit "purchased", substitute "produced".
Pig Slaughter Levy Act
1971 Section 4 -
Omit the definition of "Research Committee",
substitute the following definition:
"'Research Committee' means the Australian Pig
Industry Research Committee constituted under
the Pig Industry Research Act 1971;".
Postal Services Act 1975 Sub-section 46A (11) -
Omit "period of service of employment", substitute
"period of service or employment".
Public Service Act 1922 Sub-section 32A (11) -
Omit "period of service of employment", substitute
"period of service or employment".
Paragraph 63 (1) (a) -
Omit "within the period of 6 months immediately
preceding, or succeeding, the commencement of this section",
substitute "after 15 September 1980".
Re-establishment and
Employment Act 1945 Division 2 of Part II -
Repeal the Division.
Services Trust Funds
Act 1947 Section 34 -
Omit "Minister for Finance" (wherever occurring),
substitute "Minister".
Sub-section 35 (2) -
Omit "Minister for Finance", substitute "Minister".
Ship Construction Bounty
Act 1975 Sub-section 17 (3) -
Omit "respect of", substitute "respect to".
Social Services Act 1947 Section 18 -
(1) Omit "V," from paragraph (e) of the definition of
"income".
(2) Omit paragraph (jc) of the definition of "income".
Paragraph 37 (c) -
Omit "the Registrar whose office is nearest to the
place of residence of the claimant", substitute "a Registrar".
Paragraph 66 (c) -
Omit "the Registrar whose office is nearest to the
place of residence of the claimant", substitute "a Registrar".
Sub-section 83AD (2) -
Omit "that paragraph" (wherever occurring), substitute
"paragraph (b)".
Sub-section 106 (1) -
Omit "V," from paragraph (b) of the definition of
"income".
Section 133B -
Omit "Commonwealth Hostels Limited" (wherever
occurring), substitute "Commonwealth Accommodation
and Catering Services Limited".
Paragraph 133F (2) (b) -
Omit "the Registrar whose office is nearest to the
person's place of residence", substitute "a Registrar".
Section 133Q -
Omit " section 48, 52, 77", substitute " section 52".
Statistics (Arrangements
with States) Act 1956 Section 9 -
Repeal the section.
Telecommunications Act
1975 Sub-section 43A (11) -
Omit "period of service of employment", substitute
"period of service or employment".
Trade Practices Act 1974 Sub-section 35 (7) -
Omit "a person referred to in paragraph 31 (1) (a) or
(b) ", substitute "a Judge of a Federal Court, not
being the High Court or a court of an external Territory".
Sub-section 170 (2) -
Omit "such legal", substitute "of such legal".
Trade Union Training
Authority Act 1975 Section 3 -
Omit "Department of Employment and Industrial
Relations" from the definitions of "Department" and
"Secretary", substitute "Department of Industrial Relations".
Tradesmen's Rights
Regulation Act 1946 Section 6 -
Omit "Department of Employment and Industrial
Relations" from the definition of "the Department",
substitute "Department of Industrial Relations".
Wool Tax (Administration) Act
1964 Section 23 -
(1) Omit from sub-section (5) "sub-section (1) of
section twenty of this Act", substitute "sub-section
20 (1)".
(2) Omit the penalty set out at the foot thereof,
substitute the following penalty:
"Penalty: $400.".
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