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AUSTRALIAN HERITAGE COUNCIL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2003 NO. 86, 2003 - SCHEDULE 1

- Repeals and amendments

Australian Heritage Commission Act 1975

1
The whole of the Act

Repeal the Act.

Environment Protection and Biodiversity Conservation Act 1999

2
Subsection 9(3)

Repeal the subsection.

Income Tax Assessment Act 1936

3
Paragraphs 78(8)(l) and (m)

After " Australian Heritage Commission Act 1975 ", insert "as in force when the gift was made".

Income Tax Assessment Act 1997

4
Section 30-15 (cell at table item 6, column headed "Type
of gift or contribution")

Repeal the cell, substitute:


A gift of a place included in:
(a) the National Heritage List, or the Commonwealth Heritage List, under the Environment Protection and Biodiversity Conservation Act 1999 ; or
(b) the Register of the National Estate under the Australian Heritage Council Act 2003 .



5
Application of amendment of section 30-15

The amendment of section 30-15 of the Income Tax Assessment Act 1997 applies to gifts made after the commencement of Divisions 1A and 3A of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and Part 5 of the Australian Heritage Council Act 2003 .

6
Subsection 995-1(1) (definition of Heritage
Secretary )

Omit " Australian Heritage Commission Act 1975 ", substitute " Environment Protection and Biodiversity Conservation Act 1999 ".

Regional Forest Agreements Act 2002

7
Subsection 6(3)

Repeal the subsection.

Resource Assessment Commission Act 1989

8
Paragraph 14(b)

Omit "the Australian Heritage Commission,".

9
At the end of paragraph 14(b)

Add "and".

10
After paragraph 14(b)

Insert:

(c)
the Secretary of the Department that administers the Environment Protection and Biodiversity Conservation Act 1999 ;
11
Section 31

Repeal the section, substitute:

31
Evidence on heritage values of a place
If a matter relating to heritage values of a place (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 ) is relevant to an inquiry:

(a)
the Secretary of the Department that administers that Act; or
(b)
an employee in that Department authorised in writing by the Secretary for the purposes of this section;

must give evidence about the matter to the inquiry.

Telecommunications Act 1997

12
Subparagraphs 27(7)(d)(i) and (ii) of Schedule 3

Repeal the subparagraphs, substitute:

(i)
included in the National Heritage List or Commonwealth Heritage List, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 ; or
(ii)
included in the Register of the National Estate, within the meaning of the Australian Heritage Council Act 2003 ; or
13
Subclause 28(4) of Schedule 3

Repeal the subclause.


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