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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Transport and
Territories Legislation Amendment Bill
1999
No. ,
1999
(Transport and Regional
Services)
A Bill for an Act to amend the
law relating to transport and territories, and for related
purposes
ISBN: 0642
426279
Contents
Part 1—Parliamentary
Secretaries 11
Part 2—Amendments to remove gender specific
language 14
Air Navigation Act
1920 18
Airports Act
1996 18
Australian National Railways Commission Act
1983 18
Civil Aviation Legislation Amendment Act
1998 18
Navigation Act
1912 18
Norfolk Island Act
1979 18
A Bill for an Act to amend the law relating to transport
and territories, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Transport and Territories Legislation
Amendment Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 2(6)
Omit all the words from and including “Proclamation,” to and
including “force”, substitute “Proclamation”.
2 After subsection 2(6)
Insert:
(6A) If the provisions mentioned in subsection (6) do not commence under
that subsection within 6 months after the day on which the Transport and
Territories Legislation Amendment Act 1999 receives the Royal Assent, they
commence on the first day after the end of that period.
1 Subsection 4(1) (paragraph (h) of the
definition of court of Western Australia)
Repeal the paragraph.
2 Before section 7
Insert:
3 Subsection 8E(1)
Omit “An”, substitute “Subject to subsection (3),
an”.
4 At the end of section 8E
Add:
(3) The Removal of Prisoners (Territories) Act 1923 does not apply
in or in relation to the Territory.
5 Section 8F
Repeal the section.
6 At the end of Division 1 of Part
III
Add:
(1) The Workplace Relations Act 1996 applies in relation to
industrial disputes in the Territory about the employment of WA employees as if
paragraph (a) of the definition of industrial dispute in
subsection 4(1) of that Act were replaced by the following paragraph:
(a) an industrial dispute (including a threatened, impending or probable
industrial dispute) that:
(i) extends beyond the limits of the Territory of Christmas Island;
and
(ii) is about matters pertaining to the relationship between WA employees
(within the meaning of section 8P of the Christmas Island Act 1958) and
their employers; or
(2) The Workplace Relations Act 1996 applies in relation to
industrial disputes in the Territory (except those mentioned in subsection (1))
as if paragraph (a) of the definition of industrial dispute in
subsection 4(1) of that Act were replaced by the following paragraph:
(a) an industrial dispute (including a threatened, impending or probable
industrial dispute) about matters pertaining to the relationship between
employers and employees, other than WA employees within the meaning of section
8P of the Christmas Island Act 1958; or
(3) For the purposes of subsection (1), an industrial dispute (including a
threatened, impending or probable industrial dispute) that is solely about the
employment of WA employees in Western Australia or the Territory, or in both, is
taken not to be an industrial dispute that extends beyond the limits of the
Territory.
(4) For the purposes of this section, an industrial dispute about
employment of persons who are employed to do work wholly or mainly in the
Territory is taken to be an industrial dispute in the Territory.
The Workplace Relations Act 1996 applies in the Territory as if
the following subsection were added at the end of section 5AA of that
Act:
(4) Despite anything else in this section, subsection (2) does not apply
in relation to an agreement about matters pertaining to the relationship between
a WA employee (within the meaning of section 8P of the Christmas Island Act
1958) and his or her employer.
The Workplace Relations Act 1996 applies in the Territory in
relation to the termination of employment of a WA employee as if paragraphs
170CB(1)(b) and (4)(b) of that Act were repealed.
The Workplace Relations Act 1996 applies in the Territory as if
paragraph 170VC(c) of that Act were repealed if, at the time when the AWA is
filed, the employee is a WA employee.
This Subdivision does not affect the operation of subsection 7(2) of the
Workplace Relations Act 1996.
In this Subdivision:
WA Act has the same meaning as in section 8C.
WA employee means an employee who is:
(a) covered by an award made under a WA Act relating to industrial
relations; or
(b) a party to a workplace agreement under the Workplace Agreements Act
1993 of Western Australia; or
(c) employed by a person who is, within the meaning of section 3 of the
Industrial Relations Act 1979 of Western Australia, an employer connected
with Western Australia;
and who works in the Territory, whether under an arrangement made under
section 8H of this Act or otherwise.
7 Section 14E
Omit “, 12B, 18A, 18B, 18C, 18D, 18E and 18F”, substitute
“and 12B”.
8 Sections 18,18A, 18B, 18C, 18D, 18E and
18F
Repeal the sections.
1 Subsection 4(1) (paragraph (h) of the
definition of court of Western Australia)
Repeal the paragraph.
2 Before section 7A
Insert:
3 Subsection 8E(1)
Omit “An”, substitute “Subject to subsection (3),
an”.
4 At the end of section 8E
Add:
(3) The Removal of Prisoners (Territories) Act 1923 does not apply
in or in relation to the Territory.
5 Section 8F
Repeal the section.
6 At the end of Division 1 of Part
III
Add:
The Workplace Relations Act 1996 applies in relation to industrial
disputes in the Territory about the employment of WA employees as if paragraph
(a) of the definition of industrial dispute in subsection 4(1) of
that Act were replaced by the following paragraph:
(a) an industrial dispute (including a threatened, impending or probable
industrial dispute) that:
(i) extends beyond the limits of the Territory of Cocos (Keeling) Islands;
and
(ii) is about matters pertaining to the relationship between WA employees
(within the meaning of section 8N of the Cocos (Keeling) Islands Act
1955) and their employers; or
(2) The Workplace Relations Act 1996 applies in relation to
industrial disputes in the Territory (except those mentioned in subsection (1))
as if paragraph (a) of the definition of industrial dispute in
subsection 4(1) of that Act were replaced by the following paragraph:
(a) an industrial dispute (including a threatened, impending or probable
industrial dispute) about matters pertaining to the relationship between
employers and employees, other than WA employees within the meaning of section
8N of the Cocos (Keeling) Islands Act 1955; or
(3) For the purposes of subsection (1), an industrial dispute (including a
threatened, impending or probable industrial dispute) that is solely about the
employment of WA employees in Western Australia or the Territory, or in both, is
taken not to be an industrial dispute that extends beyond the limits of the
Territory.
(4) For the purposes of this section, an industrial dispute about
employment of persons who are employed to do work wholly or mainly in the
Territory is taken to be an industrial dispute in the Territory.
The Workplace Relations Act 1996 applies in the Territory as if
the following subsection were added at the end of section 5AA of that
Act:
(4) Despite anything else in this section, subsection (2) does not apply
in relation to an agreement about matters pertaining to the relationship between
a WA employee (within the meaning of section 8N of the Cocos (Keeling)
Islands Act 1955) and his or her employer.
The Workplace Relations Act 1996 applies in the Territory in
relation to the termination of employment of a WA employee as if paragraphs
170CB(1)(b) and (4)(b) of that Act were repealed.
The Workplace Relations Act 1996 applies in the Territory as if
paragraph 170VC(c) of that Act were repealed if, at the time when the AWA is
filed, the employee is a WA employee.
In this Subdivision:
WA Act has the same meaning as in section 8C.
WA employee means an employee who is:
(a) covered by an award made under a WA Act relating to industrial
relations; or
(b) a party to a workplace agreement under the Workplace Agreements Act
1993 of Western Australia; or
(c) employed by a person who is, within the meaning of section 3 of the
Industrial Relations Act 1979 of Western Australia, an employer connected
with Western Australia;
and who works in the Territory, whether under an arrangement made under
section 8H of this Act or otherwise.
7 Sections 15AF, 15AG, 15AH, 15AI, 15AJ and
15AK
Repeal the sections.
1 Subsection 43(6)
After “but”, insert “, subject to subsection
(6A),”.
2 After subsection 43(6)
Insert:
(6A) If the full-time member is precluded from being present by section
42:
(a) if the full-time member is the Chairperson—any 3 members
constitute a quorum; or
(b) if the full-time member is not the Chairperson—the Chairperson
and any other 2 members constitute a quorum.
Part
1—Parliamentary
Secretaries
1 Subsection 4(1)
Insert:
Parliamentary Secretary of the Territory means a person
holding office under section 36A.
2 Paragraph 21(1A)(a)
After “Territory”, insert “, Parliamentary Secretary of
the Territory”.
3 Paragraph 21(2)(e)
Omit “or Ministers of the Territory”, substitute “,
Ministers of the Territory or Parliamentary Secretaries of the
Territory”.
4 Section 31
Omit “and the Ministers”, substitute “, the Ministers of
the Territory and the Parliamentary Secretaries”.
5 Subsection 33(1)
After “Ministers of the Territory”, insert “and the
Parliamentary Secretaries of the Territory”.
6 Subsection 33(2)
Omit “Ministerial office”, insert “an office of Minister
of the Territory or Parliamentary Secretary of the Territory”.
7 After section 34
Insert:
There is to be such number of offices of Parliamentary Secretary of the
Territory, having such respective designations, as the Administrator from time
to time determines.
8 Section 35
After “Ministers”, insert “and Parliamentary Secretaries
of the Territory”.
9 After section 36
Insert:
The Administrator may appoint a member of the Legislative Assembly to an
Office of Parliamentary Secretary of the Territory, and may, at any time,
terminate the appointment.
10 Section 37
After “Ministerial office”, insert “, or to an office of
Parliamentary Secretary of the Territory,”.
11 After subsection 38(2)
Insert:
(2A) A person who is appointed to an office of Parliamentary Secretary of
the Territory must, before entering on the duties of his or her office, make and
subscribe an oath or affirmation in accordance with the form in Schedule
5A.
Note: The heading to section 38 is altered by omitting
“and Minister” and substituting “, Minister and
Parliamentary Secretary”.
12 Subsection 38(3)
Omit “or (2)”, substitute “, (2) or
(2A)”.
13 Subsection 54(1)
Omit “and Ministers of the Territory”, substitute “,
Ministers of the Territory and Parliamentary Secretaries of the
Territory”.
14 After Schedule 5
Insert:
Note: See subsection 38(2A)
I, A.B., do swear that, except in the course of my duties or as may be
required by law, I will not divulge any information (including the contents of
any document) of which I have become aware by reason of my holding office of
Parliamentary Secretary: So help me God!
I, A.B., do solemnly and sincerely promise and declare that, except in
the course of my duties or as may be required by law, I will not divulge any
information (including the contents of any document) of which I have become
aware by reason of my holding office of Parliamentary Secretary.
Part
2—Amendments to remove
gender specific language
15 Subsection 7(2)
After “he” (wherever occurring), insert “or
she”.
16 Subsection 7(3)
After “he”, insert “or she”.
17 Subsection 8(1)
After “he” (wherever occurring), insert “or
she”.
18 Subsection 8(2)
After “he”, insert “or she”.
19 Subsection 9(2)
After “his”, insert “or her”.
20 Subsection 9(3)
After “his”, insert “or her”.
21 Subsection 13(6)
After “his”, insert “or her”.
22 Section 16
After “his”, insert “or her”.
23 Section 18
After “his” (wherever occurring), insert “or
her”.
24 Section 18
After “him”, insert “or her”.
25 Section 20
After “he” (wherever occurring), insert “or
she”.
26 Subsection 21(1)
After “he” (wherever occurring), insert “or
she”.
27 Subsection 21(2)
After “his”, insert “or her”.
28 Subsection 21(2)
After “he” (wherever occurring), insert “or
she”.
29 Subsection 22(1)
After “he”, insert “or she”.
30 Subsection 22(2)
After “he”, insert “or she”.
31 Subsection 24(2)
After “his” (wherever occurring), insert “or
her”.
32 Subsection 24(2)
After “he” (wherever occurring), insert “or
she”.
33 Paragraph 24(2)(b)
After “him”, insert “or her”.
34 Paragraph 25(3)(c)
After “his”, insert “or her”.
35 Paragraph 25(3)(c)
After “him”, insert “or her”.
36 Paragraph 26(3)(c)
After “his”, insert “or her”.
37 Paragraph 26(3)(c)
After “him”, insert “or her”.
38 Section 28
After “his” (wherever occurring), insert “or
her”.
39 Subsection 29(2)
After “him” (wherever occurring), insert “or
her”.
40 Subsection 32(3)
After “his” (wherever occurring), insert “or
her”.
41 Subsection 32(3)
After “him” (wherever occurring), insert “or
her”.
42 Subsection 33(3)
After “he”, insert “or she”.
43 Section 37
After “he” (wherever occurring), insert “or
she”.
44 Section 37
After “his” (wherever occurring), insert “or
her”.
45 Paragraph 37(c)
After “him”, insert “or her”.
46 Subsection 38(1)
After “his”, insert “or her”.
47 Subsection 38(2)
After “his”, insert “or her”.
48 Subsection 40(1)
After “his”, insert “or her”.
49 Subsection 40(6)
After “his” (wherever occurring), insert “or
her”.
50 Subsection 41(1)
After “he”, insert “or she”.
51 Subsection 42(1)
After “his”, insert “or her”.
52 Subsection 57(2)
After “his”, insert “or her”.
53 Subsection 58(1)
After “he” (wherever occurring), insert “or
she”.
54 Subsection 58(1)
After “his” (wherever occurring), insert “or
her”.
55 Section 65
After “he”, insert “or she”.
56 Section 65
After “his”, insert “or her”.
1 Subsection 22H(1)
Omit “as soon as soon as”, substitute “as soon
as”.
2 Subsection 242(5) (definition of
decision)
Omit “the”, substitute “the”.
Australian
National Railways Commission Act 1983
3 Subsection 24(1)
Omit “(a)” (first occurring), substitute
“(aa)”.
Civil
Aviation Legislation Amendment Act 1998
4 Item 11 of Schedule 2
(heading)
Omit “3”, substitute “2”.
5 Subsection 85(5)
Omit “he”, substitute “the seaman”.
6 At the end of paragraph
19(2)(a)
Add “or”.
7 Paragraph 19(2)(c)
Omit “money.”, substitute “money;
or”.