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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT 1987 No. 141, 1987 - SCHEDULE 1
SCHEDULE 1 Section 3
AMENDMENTS OF ACTS
Aboriginal Land Rights (Northern Territory) Act 1976 Section 40:
Omit "section 44", substitute "this Part".
Paragraph 42 (5) (a):
Omit "(4) (a)", substitute "(4) (c)".
Subsections 44 (2) and (4):
Omit "paragraph 42 (7) (a)", substitute "subsection 42 (7)".
Subsection 44A (2):
Omit "section", substitute "Part".
Acts Interpretation Act 1901 Subsection 3 (2):
After "particular day" insert "(whether the expression 'come into operation'
or 'commence' is used)".
After section 14:
Insert the following sections: Definitions inserted by amending Act
"14A. Where an amending Act inserts a definition in a provision of the Act
being amended, but does not specify the position in that provision where it is
to be inserted, it shall be deemed to be inserted in the appropriate
alphabetical position, determined on a letter-by-letter basis.
Commencement of paragraphs etc. in amending Act
"14B. Where:
(a) an Act makes an amendment of another Act; and
(b) the amendment is in the form of:
(i) a paragraph of a provision of the amending Act;
(ii) an item (whether or not so described) in a Schedule to the
amending Act; or
(iii) a paragraph of such an item; a separate commencement date may
be given to the amendment, paragraph or item as if the
paragraph or item were a self-contained provision of the
amending Act.".
After section 15AB:
Insert the following sections: Changes to style not to affect meaning
"15AC. Where:
(a) an Act has expressed an idea in a particular form of words; and
(b) a later Act appears to have expressed the same idea in a different
form of words for the purpose of using a clearer style; the ideas
shall not be taken to be different merely because different forms of
words were used.
Examples
"15AD. Where an Act includes an example of the operation of a provision:
(a) the example shall not be taken to be exhaustive; and
(b) if the example is inconsistent with the provision, the provision
prevails.".
After section 18A:
Insert the following section: Chairperson may be referred to as Chairman or
Chairwoman
"18B. Where an Act establishes an office of Chairperson of a body, the
Chairperson may be referred to as the Chairman or Chairwoman, as the case
requires.".
Section 33:
After subsection (2) insert the following subsections:
"(2A) Where an Act assented to after the commencement of this subsection
provides that a person, court or body may do a particular act or thing, and
the word 'may' is used, the act or thing may be done at the discretion of the
person, court or body.
"(2B) Where an Act confers a power or function, or imposes a duty, on a body,
whether incorporated or unincorporated, the exercise of the power or the
performance of the function or duty is not affected merely because of a
vacancy or vacancies in the membership of the body.".
Subsection 33 (3A):
After "particular matters" insert "(however the matters are described)".
Section 33:
After subsection (4) insert the following subsection:
"(4A) In any Act, 'appoint' includes re-appoint.".
After section 33:
Insert the following section: Acting appointments
"33A. Where a provision of an Act (other than subsection 33 (4) of this Act)
confers on a person or body (in this section called the 'appointer') a power
to appoint a person (in this section called the 'appointee') to act in a
particular office, then, except so far as the Act otherwise provides, the
following paragraphs apply in relation to an appointment made under the
provision:
(a) the appointment may be expressed to have effect only in the
circumstances specified in the instrument of appointment;
(b) the appointer may:
(i) determine the terms and conditions of the appointment,
including remuneration and allowances; and
(ii) terminate the appointment at any time;
(c) where the appointee is acting in an office other than a vacant office
and the office becomes vacant while the appointee is acting, then,
subject to paragraph (a), the appointee may continue so to act until:
(i) the appointer otherwise directs;
(ii) the vacancy is filled; or
(iii) a period of 12 months from the day of the vacancy ends;
whichever happens first;
(d) the appointment ceases to have effect if the appointee resigns in
writing delivered to the appointer;
(e) while the appointee is acting in the office:
(i) the appointee has and may exercise all the powers, and shall
perform all the functions and duties, of the holder of the
office; and
(ii) the Act applies in relation to the appointee as if the
appointee were the holder of the office.".
After section 34AA:
Insert the following section: Effect of delegation
"34AB. Where an Act confers power on a person or body (in this section called
the 'authority') to delegate a function or power:
(a) the delegation may be made either generally or as otherwise provided
by the instrument of delegation;
(b) the powers that may be delegated do not include that power to
delegate;
(c) a function or power so delegated, when performed or exercised by the
delegate, shall, for the purposes of the Act, be deemed to have been
performed or exercised by the authority;
(d) a delegation by the authority does not prevent the performance or
exercise of a function or power by the authority; and
(e) if the authority is not a person, section 34A applies as if it were.".
After section 46:
Insert the following section: Disallowable instruments
"46A. (1) Where a provision (in this subsection called the 'enabling
provision') of a law confers power to make an instrument (however described)
and expressly provides that the instrument is a disallowable instrument for
the purposes of this section, then, except so far as the law otherwise
provides:
(a) sections 48, 49 and 50 apply in relation to the instrument as if:
(i) references to regulations were references to the instrument;
(ii) references to a regulation were references to a provision of
the instrument;
(iii) references to repeal were references to revocation; and
(iv) where the enabling provision is a provision of
regulations-references to an Act were references to
regulations;
(b) section 49A applies in relation to the instrument as if:
(i) the instrument were regulations under an Act; and
(ii) the reference in paragraph (1) (a) to regulations included a
reference to other instruments made under the enabling
provision;
(c) the instrument shall not be taken to be a statutory rule within the
meaning of the Statutory Rules Publication Act 1903, but subsections 5
(3) to (3C) (inclusive) of that Act apply in relation to the
instrument as they apply in relation to statutory rules;
(d) for the purposes of the application of subsection 5 (3B) of that Act
under paragraph (c) of this subsection, the reference in that
subsection to the Minister specified in that subsection shall be read
as a reference to a Minister administering the enabling provision;
(e) if the instrument is not an order made by or under the authority of a
Minister, section 5 of the Evidence Act 1905 applies in relation to
the instrument as it applies in relation to such an order; and
(f) if the enabling provision is a provision of regulations, the
instrument shall be deemed to be an enactment for the purposes of the
Administrative Appeals Tribunal Act 1975 .
"(2) A reference in subsection (1) to a law is a reference to an Act or to
regulations.".
Paragraph 48 (1) (b):
Omit the paragraph, substitute the following paragraph:
"(b) shall, subject to this section, take effect from:
(i) a specified date;
(ii) a specified time on a specified date;
(iii) the date, or date and time, of commencement of a specified Act
or a specified provision of an Act; or
(iv) in any other case-the date of notification; and".
Administrative Decisions (Judicial Review) Act 1977 Sub-subparagraph (d) (i)
(A) of Schedule 2:
Omit "or return endorsement".
Paragraph (r) of Schedule 2:
(a) Insert "temporary performance of duties," after "transfers,".
(b) Insert "or selections for temporary performance of duties" after
"promotions" (last occurring).
(c) Insert "or by" after "of" (first occurring).
Anglo-Australian Telescope Agreement Act 1970 Title:
Add at the end ", and for other purposes".
After section 8:
Insert the following section: Additional functions and powers
"8A. (1) The Board has such additional functions as are conferred on it by the
regulations.
"(2) The Board has power to do all things necessary or convenient to be done
in connection with the performance of its additional functions and, in
particular, to do such things as it is empowered under the regulations to
do.".
Subsection 13 (2):
Insert "in the performance of its functions under section 8" after "Board"
(second occurring).
After section 19:
Insert the following section: Regulations
"20. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.".
Arbitration (Foreign Awards and Agreements) Act 1974 After section 10:
Insert the following section: Delegation by Secretary to the Department of
Foreign Affairs and Trade
"10A. (1) The Secretary may, either generally or as otherwise provided by the
instrument of delegation, in writing, delegate to the person occupying a
specified office in the Department of Foreign Affairs and Trade all or any of
the Secretary's powers under subsection 10 (1).
"(2) A power delegated under subsection (1) shall, when exercised by the
delegate, be deemed to have been exercised by the Secretary.
"(3) The delegate is, in the exercise of a power delegated under subsection
(1), subject to the directions of the Secretary.
"(4) The delegation of a power under subsection (1) does not prevent the
exercise of the power by the Secretary.
"(5) In this section, 'Secretary' means the Secretary to the Department of
Foreign Affairs and Trade.".
Audit Act 1901 Subsection 2 (1) (definition of "Ordinance"):
(a) Insert "or an external Territory" after "Territory" (first occurring).
(b) Omit "of a State" (wherever occurring).
Subsection 2 (1) (definition of "prescribed authority"):
(a) Insert "or constituted" after "established" (wherever occurring).
(b) Add at the end the following:
"and includes a branch of the Australian Public Service, or a class of such
branches, prescribed for the purposes of this definition;".
After section 11:
Insert the following section: Annual report of Auditor-General
"11A. (1) The Auditor-General shall, as soon as practicable after each 30
June, prepare a report on the operations of the Auditor-General's Office
during the year ending on that day.
"(2) Where the Auditor-General prepares a report under subsection (1) in
respect of a year, the Auditor-General:
(a) may include in the report a report by the Auditor-General under
subsection 48G (1) in respect of the year; and
(b) shall sign copies of the report and transmit them to each House of the
Parliament.".
Sections 32 and 33:
Repeal the sections, substitute the following sections: Minister may make
payments from Commonwealth Public Account
"32. (1) The Minister may, subject to this section, make payments from the
Commonwealth Public Account in accordance with an appropriation of the
Consolidated Revenue Fund or Loan Fund.
"(2) The aggregate of the amounts paid under subsection (1) in relation to an
appropriation shall not exceed the amount available for expenditure in
accordance with the appropriation.
"(3) Where it appears to the Minister that an amount, not exceeding the amount
available for expenditure in respect of any services or purposes in accordance
with an appropriation of the Consolidated Revenue Fund or Loan Fund, is
required, or likely to be required, to be drawn from the Commonwealth Public
Account for expenditure in respect of the services or purposes, the Minister
may, in writing, authorise the Secretary to the Department to draw the amount
from the Commonwealth Public Account in respect of the services or purposes.
"(4) A reference in this section to an appropriation includes a reference to a
contingent or conditional appropriation and, in relation to such an
appropriation, a reference in this section to the amount available for
expenditure in accordance with the appropriation is a reference to the amount
that is, subject to the occurrence of the contingency or the fulfilment of the
condition, available for expenditure in accordance with the appropriation.
"(5) This section does not authorise the payment of money out of a bank
account comprised in the Commonwealth Public Account otherwise than in
accordance with section 34.
Secretary may make allocations in accordance with authorisation of Minister
"33. (1) Where the Minister has, under subsection 32 (3), authorised the
Secretary to the Department to draw an amount from the Commonwealth Public
Account in respect of any services or purposes, the Secretary to the
Department may draw the amount from the Commonwealth Public Account and make
allocations from the amount in respect of the services or purposes.
"(2) Money or a payment that is, under section 36C or 58A, taken in reduction
of expenditure from an appropriation to which an authorisation under
subsection 32 (3) relates shall, for the purposes of subsection (1) of this
section, also be taken to be an amount allocated to the authority of the
authorisation.
"(3) Where a payment is made out of a bank account comprised in the
Commonwealth Public Account, the bank is not required to ascertain whether the
payment was made on the authority of an authorisation under subsection 32
(3).".
Paragraph 34 (2) (b):
(a) Insert ", in writing," after "appointed".
(b) Omit "certified", substitute "indicated, in a manner approved in
writing by the Minister,".
Subsection 34 (4):
Omit "give a certificate under subsection (2) in relation to the payment of an
amount", substitute "indicate under paragraph (2) (b) that the payment of an
amount may properly be made".
Subsection 34 (5):
Omit "give a certificate under subsection (2)", substitute "indicate under
paragraph (2) (b) that the payment of an amount may properly be made".
Subsection 34 (6):
Omit "give a certificate under subsection (2)", substitute "indicate under
paragraph (2) (b) that the payment of an amount may properly be made".
Subsection 41D (2):
Omit the subsection, substitute the following subsections:
"(2) The Department referred to in subsection (1) shall, as soon as
practicable after each 30 June, prepare and submit to the Minister
administering that Department (in subsections (2A) and (2B) called the
'appropriate Minister') a report of those operations during the year ending on
that day, together with financial statements in respect of the year in such
form as the Minister administering this section approves, in writing.
"(2A) Before submitting the financial statements to the appropriate Minister,
that Department shall submit them to the Auditor-General, who shall report to
the appropriate Minister:
(a) whether, in the opinion of the Auditor-General, the statements are
based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records
and, in the opinion of the Auditor-General, show fairly the financial
transactions and state of affairs of those operations; and
(c) as to such other matters arising out of the statements as the
Auditor-General considers should be reported to the appropriate
Minister.
"(2B) The appropriate Minister shall cause a copy of the report and financial
statements, together with a copy of the report of the Auditor-General, to be
laid before each House of the Parliament within 15 sitting days of that House
after their receipt by the appropriate Minister.".
Subsection 48C (3):
Omit the subsection, substitute the following subsection:
"(3) An arrangement made by the Auditor-General with an eligible incorporated
company may be varied or revoked by the Auditor-General or the company:
(a) in the case of an arrangement made at the request of a Minister-with
the approval of a Minister; or
(b) in the case of an arrangement made at the request of the
Parliament-with the approval of the Parliament given by resolution of
both Houses of the Parliament.".
Paragraph 48G (2) (a):
Insert "11A or" after "section".
Section 48H:
Repeal the section.
Subsection 49 (1):
Omit "Form 4 in Schedule 2", substitute "the form in the Schedule".
Paragraph 49 (1) (a):
Omit "outlays and receipts of the Commonwealth for", substitute "receipts and
expenditure of the Commonwealth Public Account during".
Subsection 49 (2):
Omit "Form 4 in Schedule 2", substitute "the form in the Schedule".
Paragraph 51 (1) (b):
Omit the paragraph, substitute the following paragraph:
"(b) setting out particulars of cases in which, in the opinion of the
Auditor-General, the provisions of the Constitution or any law of the
Commonwealth have not been carried out, being cases that are, in the opinion
of the Auditor-General, of sufficient importance to justify particulars of the
cases being set out in the report; and".
Section 54:
Insert "11A or" after "section".
Subsection 57 (2):
Omit the subsection.
Subsection 63C (2):
Insert "or an external Territory" after "Territory".
After subsection 63H (2):
Insert the following subsection:
"(2A) Nothing in paragraph (2) (c) shall be taken to require the
Auditor-General to mention in the report cases in which, in the opinion of the
Auditor-General, the receipt, expenditure or investment of moneys, or the
acquisition or disposal of assets, by the authority during the year were not
in accordance with the enactment establishing the authority unless those cases
are, in the opinion of the Auditor-General, of sufficient importance to
justify doing so.".
After subsection 63M (2):
Insert the following subsection:
"(2A) Nothing in paragraph (2) (c) shall be taken to require the
Auditor-General to mention in the report cases in which, in the opinion of the
Auditor-General, the receipt, expenditure or investment of moneys, or the
acquisition or disposal of assets, by the authority during the year were not
in accordance with the enactment establishing the authority unless those cases
are, in the opinion of the Auditor-General, of sufficient importance to
justify doing so.".
Before paragraph 63P (1) (a):
Insert the following paragraph:
"(aa) of the audit of all or any of the financial statements of a body:
(i) where a Minister requests the Auditor-General to carry out the
audit and arranges with the body for the financial statements,
and any necessary accounts and records, to be made available
for the purpose; or
(ii) in accordance with an arrangement made under subsection (2);".
Paragraph 63P (1) (a):
(a) Insert "or the inspection and audit" after "an inspection and audit".
(b) Insert "or inspections and audits, as the case may be," after "the
inspection and audit".
Subsection 63P (2):
Insert "the audit of financial statements of the body or" after "of" (second
occurring).
After subsection 63P (2):
Insert the following subsection:
"(2A) Where, under subsection (1), the Auditor-General audits financial
statements of a body, or inspects and audits accounts and records of a body,
at the request of a Minister or pursuant to an arrangement entered into with
the body at the request of a Minister, the Auditor-General shall report to the
Minister on the audit or inspection and audit, as the case may be.".
Subsection 63P (3):
Omit "(1) (a) (i)", substitute "(1) (aa) (i) or (a) (i)".
Subsection 64 (1):
Omit "Imprisonment for 7 years", substitute "$20,000 or imprisonment for 7
years, or both".
Subsection 64 (2):
Omit "Imprisonment for 2 years", substitute "$5,000 or imprisonment for 2
years, or both".
Section 65:
Omit all the words after "indictable", substitute "offence punishable, on
conviction, by a fine not exceeding $20,000 or imprisonment for a period not
exceeding 10 years, or both".
Subsection 66 (2):
Omit all the words after "offence", substitute "punishable, on conviction, by
a fine not exceeding $10,000 or imprisonment for a period not exceeding 5
years, or both".
Subsection 67 (1):
Omit "$200", substitute "$1,000".
Subsection 68 (1):
Omit all the words after "indictable", substitute "offence punishable, on
conviction, by a fine not exceeding $10,000 or imprisonment for a period not
exceeding 5 years, or both".
Subsection 70AA (1) (paragraph (c) of the definition of "Department"):
Omit "Permanent Head of", substitute "Secretary to".
Subsection 70AA (1) (paragraphs (a) and (b) of the definition of "Permanent
Head"):
Omit "Permanent Head of", substitute "Secretary to".
Subsection 70AA (1) (paragraph (f) of the definition of "Permanent Head"):
Omit "Productivity", substitute "Defence".
Subsection 70AB (1):
Insert "and any other regulations made for the purposes of this section" after
"under subsection (12)".
After subsection 72 (5):
Insert the following subsection:
"(5A) The delegate is, in the exercise of a power delegated under subsection
(4), subject to the directions of the Secretary to the Department of
Finance.".
Heading to Schedules:
Omit the heading.
Heading to Schedule 2:
Omit the heading, substitute "SCHEDULE".
Forms 1, 2 and 3 in Schedule 2:
Omit the Forms.
Heading to Form 4 in Schedule 2:
Omit "FORM 4".
Australia-Japan Foundation Act 1976 After section 24:
Insert the following sections: Proper accounts to be kept
"24A. The Foundation shall cause to be kept proper accounts and records of the
transactions and affairs of the Foundation, and shall do all things necessary
to ensure that all payments out of the Fund are correctly made and properly
authorised and that adequate control is maintained over the assets of, or in
the custody of, the Foundation and over the incurring of liabilities by the
Foundation.
Audit
"24B. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Foundation and records relating to assets of,
or in the custody of, the Foundation, and shall forthwith draw the Minister's
attention to any irregularity disclosed by the inspection and audit that is,
in the opinion of the Auditor-General, of sufficient importance to justify
doing so.
"(2) The Auditor-General may dispense with all or any part of the detailed
inspection and audit of any accounts or records referred to in subsection (1).
"(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under subsection
(1).
"(4) An authorised auditor is entitled, at all reasonable times, to full and
free access to all accounts and records of the Foundation, being accounts and
records relating directly or indirectly to the receipt or payment of money by
the Foundation or to the acquisition, receipt, custody or disposal of assets
by the Foundation.
"(5) An authorised auditor may make copies of, or take extracts from, any
accounts and records referred to in subsection (4).
"(6) An authorised auditor may require any person to furnish such information
in the possession of the person, or to which the person has access, as the
authorised auditor considers necessary for the purposes of the functions of
the Auditor-General under this Act.
"(7) A person who contravenes a requirement made under subsection (6) is
guilty of an offence punishable, on conviction, by a fine not exceeding
$1,000.
"(8) In this section, 'authorised auditor' means:
(a) the Auditor-General; or
(b) a person authorised, in writing, by the Auditor-General.".
Paragraphs 25 (3) (a) and (c):
Insert ", in the opinion of the Auditor-General," after "whether".
Australian Apple and Pear Corporation Act 1973 Paragraph 37 (3) (a):
Insert ", in the opinion of the Auditor-General," after "whether".
Paragraph 37 (3) (b):
Omit "in respect of the trading activities of the Corporation (if any)",
substitute "in the opinion of the Auditor-General".
Paragraph 37 (3) (c):
Insert ", in the opinion of the Auditor-General," after "whether".
Australian Bureau of Statistics Act 1975 Section 3 (definition of "Chairman"):
Omit the definition, substitute the following definition:
" 'Chairperson' means the Chairperson of the Council holding office under
subsection 19 (2);".
Section 3:
Add at the end the following subsection:
"(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the
case requires.".
Subsection 4 (1):
Omit the subsection.
Paragraph 4 (2) (a):
Omit "the Census and Statistics Act 1905-1973, by any other Act", substitute
"any Act".
Paragraph 4 (2) (b):
Omit "the Census and Statistics Act 1905-1973, in any other Act", substitute
"any Act".
Subsection 5 (4):
Omit "him" (wherever occurring), substitute "the Statistician".
Subsection 6 (4):
Omit "he", substitute "the Minister".
Subsection 7 (1):
Insert "or her" after "his".
Subsection 7 (2):
Omit "he", substitute "the person".
Section 8:
Insert "or her" after "his".
Subsection 9 (1):
Omit "he", substitute "the Statistician".
Subsection 9 (3):
Omit "- 1974".
Section 11:
Repeal the section, substitute the following section: Resignation
"11. The Statistician may resign his or her office by writing signed by the
Statistician and delivered to the Governor-General.".
Subsection 12 (1):
Insert "or her" after "his".
Subsection 12 (7):
(a) Insert "or her" after "his" (wherever occurring).
(b) Omit "him", substitute "the Statistician".
Subsection 12 (8):
Omit "him", substitute "the Statistician".
Section 14:
Repeal the section.
Subsection 15 (1):
Insert "or her" after "his".
Subsection 15 (5):
Omit "he", substitute "the person".
Subsection 15 (6):
Omit "his", substitute "the".
Subsection 16 (1):
Omit "- 1974".
Subsection 16 (2):
Omit the subsection, substitute the following subsections:
"(2) Subject to subsection (2A), the Statistician may engage persons,
including persons referred to in subsection (1), to assist in carrying out the
functions of the Bureau.
"(2A) Persons referred to in subsection (1) may be engaged under subsection
(2) only in relation to:
(a) the taking of the Census mentioned in the Census and Statistics Act
1905 ; and
(b) the collection of other statistics and related information.".
Subsections 16 (4) and (5):
Omit "- 1974".
Paragraph 19 (1) (a):
Omit "a Chairman", substitute "the Chairperson".
Subsection 19 (2):
Omit "Chairman" (wherever occurring), substitute "Chairperson".
Paragraph 19 (2) (b):
Insert "or her" after "his".
Subsection 19 (3):
(a) Insert "or the Chief Minister of the Northern Territory" after "State"
(first occurring).
(b) Insert "or the Chief Minister of the Northern Territory, as the case
may be" after "State" (last occurring).
Subsection 20 (1):
Omit the subsection, substitute the following subsection:
"(1) A member may resign his or her office by writing signed by the member and
delivered to the Minister.".
Subsection 21 (1):
Omit "he", substitute "the member".
Subsection 21 (3):
Omit "-1974".
Subsection 22 (1):
Insert "calendar" after "every".
Subsection 22 (2):
Omit "Chairman", substitute "Chairperson".
Subsection 22 (4):
(a) Omit "Chairman", substitute "Chairperson".
(b) Omit "he", substitute "the Chairperson".
Subsection 22 (5):
Omit "Chairman", substitute "Chairperson".
Subsection 22 (8):
Omit the subsection.
Section 23:
Repeal the section.
Subsection 24 (4):
Omit the subsection.
Australian Capital Territory Electricity Supply Act 1962 Section 4 (definition
of "financial year"):
Omit the definition.
Section 4 (definition of "House of Assembly"):
Omit the definition.
Section 4 (definition of "the elected member"):
Omit the definition.
Subsection 6 (3):
Omit the subsection, substitute the following subsection:
"(3) One member shall be a person appointed by the Governor-General and shall,
subject to this Act, hold office for such period, not exceeding 3 years, as
the Governor-General specifies at the time of the appointment.".
Subsection 6 (5):
Omit all the words after "re-appointment".
Subsection 6 (6):
Omit "or election".
Subsections 6 (7), (8), (10) and (11):
Omit the subsections.
Subsection 10 (3):
Omit the subsection.
Subsection 11 (4):
Omit "elected member", substitute "member referred to in subsection 6 (3)".
Subsection 11 (5):
(a) Omit "elected member" (first occurring), substitute "member referred
to in subsection 6 (3)".
(b) Omit "the elected" (last occurring), substitute "that".
Australian Centre for International Agricultural Research Act 1982 Before
section 39:
Insert the following sections in Part VIII: Proper accounts to be kept
"38A. The Centre shall cause to be kept proper accounts and records of the
transactions and affairs of the Centre, and shall do all things necessary to
ensure that all payments out of the Fund are correctly made and properly
authorised and that adequate control is maintained over the assets of, or in
the custody of, the Centre and over the incurring of liabilities by the
Centre.
Audit
"38B. (1) The Auditor-General shall inspect and audit the accounts and records
of financial transactions of the Centre and records relating to assets of, or
in the custody of, the Centre, and shall forthwith draw the Minister's
attention to any irregularity disclosed by the inspection and audit that is,
in the opinion of the Auditor-General, of sufficient importance to justify
doing so.
"(2) The Auditor-General may dispense with all or any part of the detailed
inspection and audit of any accounts or records referred to in subsection (1).
"(3) The Auditor-General shall, at least once in each year, report to the
Minister the results of the inspection and audit carried out under subsection
(1).
"(4) An authorised auditor is entitled, at all reasonable times, to full and
free access to all accounts and records of the Centre, being accounts and
records relating directly or indirectly to the receipt or payment of money by
the Centre or to the acquisition, receipt, custody or disposal of assets by
the Centre.
"(5) An authorised auditor may make copies of, or take extracts from, any
accounts and records referred to in subsection (4).
"(6) An authorised auditor may require any person to furnish such information
in the possession of the person, or to which the person has access, as the
authorised auditor considers necessary for the purposes of the functions of
the Auditor-General under this Act.
"(7) A person who contravenes a requirement made under subsection (6) is
guilty of an offence punishable, on conviction, by a fine not exceeding
$1,000.
"(8) In this section, 'authorised auditor' means:
(a) the Auditor-General; or
(b) a person authorised, in writing, by the Auditor-General.".
Australian Citizenship Act 1948 Subsection 5 (1) (definition of "return
endorsement"):
Omit "within the meaning of the Migration Act 1958", substitute "issued under
section 11A of the Migration Act 1958 before the day on which the Statute Law
(Miscellaneous Provisions) Act (No. 1) 1987 received the Royal Assent (being a
return endorsement that has not expired or been cancelled),".
Subsection 5 (1):
Add at the end the following definition:
" 'visa' has the same meaning as in the Migration Act 1958.".
Sub-subparagraph 5A (1) (d) (i) (A):
Insert "a visa that is in a class of visas prescribed for the purposes of this
sub-subparagraph or" before "a return endorsement".
Sub-subparagraph 5A (1) (d) (i) (B):
Insert "a visa referred to in sub-subparagraph (A) or" after "equivalent of".
Australian Institute of Sport (Consequential Provisions) Act 1986 Paragraph 17
(a):
(a) Omit "section 12 of that Act", substitute " section 12 of the
Australian Institute of Sport (Consequential Provisions) Act 1986".
(b) Omit " Australian Institute of Sport Act 1986" (last occurring),
substitute "
Australian Institute of Sport (Consequential Provisions) Act 1986 ".
Paragraph 17 (b):
Omit " Australian Institute of Sport Act 1986" (last occurring), substitute "
Australian Institute of Sport (Consequential Provisions) Act 1986".
Australian Security Intelligence Organization Act 1979 Subsection 9 (1):
Insert "or her" after "his".
Subsection 9 (2):
Insert "or she" after "he".
Subsection 10 (1):
Insert "or she" after "he".
Section 12:
Omit "his office by writing signed by him", substitute "from office by writing
signed by the Director-General".
Subsection 13 (2):
(a) Omit "absents himself", substitute "is absent".
(b) Insert "or her" after "his" (wherever occurring).
Paragraph 14 (1) (b):
Insert "or her" after "his".
Subsection 14 (6):
(a) Omit "he resigns his", substitute "the person resigns the".
(b) Omit "him", substitute "the person".
Subsection 14 (7):
Insert "or she" after "he".
Subsection 15 (1):
Insert "or her" after "his" (wherever occurring).
Subsection 15 (2):
Insert "or she" after "he".
Subsection 15 (3):
(a) Insert "or she" after "he" (wherever occurring).
(b) Insert "or her" after "him" (wherever occurring).
Subsection 18 (1):
Omit "him", substitute "the officer".
Subsection 18 (2):
(a) Omit "his knowledge or into his possession", substitute "the knowledge
or into the possession of the person".
(b) Insert "or her" after "his" (third and fourth occurring).
(c) Omit "his duties", substitute "the duties of the officer or employee".
(d) Omit "him", substitute "the officer".
(e) Omit "he", substitute "the first-mentioned person".
Subsection 18 (3):
(a) Insert "or an officer authorised for the purpose by the
Director-General" after "Director-General" (first occurring).
(b) Omit "by himself or by an officer authorized by him,".
Section 21:
Insert "or her" after "him".
Section 24:
Omit "him", substitute "the Director-General".
Subsection 25 (1):
Insert "or her" after "his".
Subsection 25 (3):
Omit "he", substitute "the Minister".
Subsections 26 (3) and (4):
Insert "or her" after "his".
Subsection 26 (5):
Omit "he", substitute "the Minister".
Paragraph 27 (1) (a):
Insert "or her" after "his".
Subsections 27 (2) and (3):
Insert "or her" after "his".
Subsection 27 (6):
(a) Omit "he", substitute "the Minister".
(b) Omit "him", substitute "the Minister".
Subsection 29 (1):
Insert "or her" after "his".
Subsection 29 (3):
Omit "he" (wherever occurring), substitute "the Director-General".
Section 30:
Omit "he", substitute "the Director-General".
Subsection 32 (1):
Omit "he", substitute "the Director-General".
Subsection 32 (2):
Omit "he", substitute "the Minister".
Subsection 32 (3):
(a) Omit "him", substitute "the Minister".
(b) Omit "his", substitute "the Minister's".
Subsection 32 (4):
Omit "him" (wherever occurring), substitute "the Director-General". Subsection
38 (1):
(a) Insert "or her" after "him".
(b) Insert "or her" after "his".
Subsection 38 (2):
(a) Insert "or her" after "his".
(b) Omit "he", substitute "the Attorney-General".
Subsection 38 (3):
Insert "or she" after "he".
Subsection 38 (6):
Omit "him personally or by sending it to him by registered post at his",
substitute "him or her personally or by sending it to the person by registered
post at his or her".
Subsection 42 (1):
Insert "or she" after "he".
Subsection 43 (1):
Insert "or her" after "his".
Subsection 43 (2):
Insert "or she" after "he".
Subsections 45 (3) and (6):
Insert "or her" after "his".
Subsection 46 (1):
Insert "or she" after "he".
Subsection 46 (4):
(a) Omit "he" (first occurring), substitute "the person".
(b) Insert "or she" after "he" (second occurring).
Section 47:
Insert "or her" after "his" (wherever occurring).
Subsection 48 (3):
Insert "or her" after "his".
Subsection 49 (1):
Omit "his", substitute "the member's".
Subsection 49 (7):
(a) Insert "or her" after "his" (wherever occurring).
(b) Omit "him", substitute "the member".
Section 50:
Omit "his office by writing signed by him", substitute "the office of member
by writing signed by the member".
Subsection 52 (2):
(a) Omit "him", substitute "the President".
(b) Omit "his", substitute "the President's".
Section 54:
(a) Insert "or her" after "him" (wherever occurring).
(b) Insert "or her" after "his".
Subsection 58 (3):
Omit "him", substitute "the Director-General".
Subsection 58 (4):
Omit "him" (wherever occurring), substitute "the member".
Subsection 58 (10):
Insert "or she" after "he".
Subsections 58 (12) and (15):
Insert "or her" after "his".
Subsection 59 (1):
Omit "him", substitute "the Attorney-General".
Subsections 59 (3), (5) and (6):
Insert "or her" after "his".
Subsection 59 (4):
Omit "he", substitute "the President".
Subsection 60 (4):
(a) Insert "or she" after "he".
(b) Insert "or her" after "him".
Subsection 63 (1):
Insert "or she" after "he".
Subsection 65 (1):
(a) Omit "he is".
(b) Omit "him", substitute "the Minister".
Subsection 65 (3):
Omit "he", substitute "the Minister".
Subsections 69 (1) and (2):
Insert "or her" after "him".
Subsection 70 (4):
(a) Omit "he", substitute "the person".
(b) Insert "or her" after "him".
Subsection 70 (5):
Insert "or she" after "he".
Subsection 70 (6):
Omit "him", substitute "the President".
Subsection 72 (2):
Omit "he is".
Subsection 73 (1):
Insert "or her" after "his" (wherever occurring).
Paragraph 74 (b):
Omit "himself".
Section 75:
(a) Insert "or she" after "he" (wherever occurring).
(b) Insert "or her" after "him".
Section 76:
Omit "his", substitute "the member's".
Subsection 77 (1):
Omit "he", substitute "the Governor-General".
Subsection 81 (1):
Omit "by reason of his office", substitute "or her by reason of his or her
office".
Subsection 81 (2):
(a) Omit "he" (wherever occurring), substitute "the person".
(b) Insert "or her" after "his".
(c) Insert "or her" after "him".
Subsection 84 (1):
Omit "he" (wherever occurring), substitute "the Director-General".
Subsection 87 (1):
Insert "or she" after "he".
Subsection 87 (2):
Insert "or her" after "him" (wherever occurring).
Section 89:
Insert "or her" after "his".
Australian Tourist Commission Act 1967 Subsection 10 (3):
Omit "6", substitute "12".
Subsection 14 (4):
Omit the subsection, substitute the following subsection:
"(4) Where the Chairman is not present at a meeting of the Commission, the
Deputy Chairman shall preside, or, if the Deputy Chairman is not present, the
members present shall elect one of their number to preside.".
Subsection 14 (5):
Omit all the words after "Commission,", substitute "a quorum is constituted by
the number of members that is not less than one-third of the number of members
for the time being holding office".
Australian Trade Commission Act 1985 After subsection 12 (1):
Insert the following subsection:
"(1A) Nothing in subsection (1) prevents the appointment of the Managing
Director as Chairperson.".
Australian Trade Commission (Transitional Provisions and Consequential
Amendments) Act 1985 Part II of Schedule 3:
Omit "39 (1)", substitute "39 (1A)".
Automotive Industry Authority Act 1984 Subsection 4 (1) (definition of
"Australian company"):
Omit the definition.
Subsection 4 (1) (definition of "eligible company"):
Omit "an Australian", substitute "a".
Subsections 26B (1) and (2):
Omit "an Australian", substitute "a".
Barley Research Levy Act 1980 Subsection 4 (1) (definition of "growers
organization"):
Omit "Australian Wheatgrowers' Federation", substitute "Grains Council of
Australia".
Bass Strait Freight Adjustment Trust Fund Act 1984 After the definition of
"prescribed oil" in subsection 3 (1):
Insert the following definition:
" 'prescribed refiner' means a person who operates a refinery;".
Subsection 3 (3):
Omit the subsection, substitute the following subsection:
"(3) For the purposes of this Act, prescribed oil transported to a refinery
for refining shall be taken to have been transported on behalf of a person if,
and only if, the oil was owned by the person immediately after its delivery to
the refinery.".
After paragraph 6 (2) (a):
Insert the following paragraph:
"(aa) prescribed refiners who, during the month immediately preceding the
relevant month, exported prescribed oil;".
After subsection 7 (1):
Insert the following subsection:
"(1A) The amount payable to a prescribed refiner at the end of a particular
month under paragraph 6 (2) (aa) is an amount calculated at the relevant rate
for that month of the prescribed oil exported by the prescribed refiner by
virtue of which the prescribed refiner is entitled to payment under that
paragraph at the end of that month.".
Subsection 7 (2):
Omit "rate of".
Section 8:
Insert "(aa)," after "6 (2) (a),".
Canned Fruits Marketing Act 1979 Subsection 3 (1) (definition of "season"):
Omit "7", substitute "8".
Subsection 21A (1):
Omit ", for the period of 3 years commencing on 1 January 1985,".
Cheques and Payment Orders Act 1986 Subsection 32 (2):
Insert "and 98 (1)" after "(3)".
Subsection 95 (3):
Omit "bank" (second occurring), substitute "financial institution".
Subsection 95 (4):
(a) Omit "bank" (second and third occurring), substitute "financial
institution".
(b) Omit "first-mentioned".
Paragraph 110 (3) (b):
Omit "if", substitute "it".
Section 115:
Add at the end the following subsection:
"(10) In this section:
'court of competent jurisdiction', in relation to an application for an order
of a kind referred to in subsection (8) in relation to a replacement cheque,
includes an inferior court of a State or Territory that has jurisdiction for
the recovery of debts up to an amount not less than the sum (if any) that is,
or it is claimed should be, ordered to be paid by the replacement cheque;
'inferior court' means:
(a) a County Court, District Court or Local Court; or
(b) a court of summary jurisdiction exercising civil jurisdiction.".
Schedule:
After the modifications of subsection 6 (2), insert the following: "Subsection
32 (2):
Omit 'and 98 (1)'.".
Schedule:
After the modification of section 95, insert the following: "Subsection 95
(4):
Insert 'first-mentioned' before 'bank' (last occurring).".
Commonwealth Electoral Act 1918 Section 18:
Add at the end the following subsection:
"(3) The Electoral Commissioner may give written directions to officers with
respect to the performance of their functions, and the exercise of their
powers, under this Act.".
Subsection 20 (1):
Omit "Commission", substitute "Commissioner".
Section 20:
Add at the end the following subsection:
"(3) An Australian Electoral Officer for a State may, subject to any
directions given by the Electoral Commissioner, give written directions to
officers with respect to the performance of their functions and the exercise
of their powers under this Act in, or in relation to, the State.".
Section 32:
Add at the end the following subsection:
"(2) A Divisional Returning Officer for a Division may, subject to any
directions given by the Electoral Commissioner and, if the Division is part of
a State, the Australian Electoral Officer for the State, give written
directions to officers with respect to the performance of their functions and
the exercise of their powers under this Act in, or in relation to, the
Division.".
Commonwealth Prisoners Act 1967 After the definition of "offence" in
subsection 3 (1):
Insert the following definition:
" 'parole' includes probation;".
Subsection 3 (1) (definition of "parole officer"):
Omit the definition, substitute the following definition:
" 'parole officer' means:
(a) an officer of a State or the Northern Territory in respect of whom an
arrangement in force under paragraph 21 (1) (b) applies; or
(b) an officer of the Australian Public Service in respect of whom an
appointment under subsection 21 (2) is in force;".
Subsection 3 (1) (definition of "prescribed authority"):
(a) Insert "or the Northern Territory" after "a State".
(b) Insert "(other than the Northern Territory)" after "a Territory".
Subsection 3 (2):
Omit "section 21", substitute "in section 21 or 23".
Subsection 4 (4):
Omit "only one offence and is not already serving a term of imprisonment for
another offence", substitute "an offence or offences".
After subsection 4 (4):
Insert the following subsection:
"(4A) Nothing in subsection (1), (3) or (4) shall be taken to authorise a
court to fix a single minimum term of imprisonment in respect of an offence or
offences against the laws of the Commonwealth and another offence or other
offences.".
Subsection 15 (2):
Omit "the next succeeding subsection", substitute "subsections (3) and (3A)".
After subsection 15 (3):
Insert the following subsection:
"(3A) Where a person to whom this section applies has been sentenced to a term
of imprisonment in a State or Territory (in this subsection called the
'relevant State or Territory') other than the State or Territory in which the
person was imprisoned immediately before being released from prison pursuant
to the parole order, a prescribed authority in the relevant State or Territory
shall, if there is produced to the prescribed authority a document signed by
the Attorney-General so requesting, issue a warrant:
(a) authorising any constable to convey the person to such prison in the
relevant State or Territory as is specified in the warrant; and
(b) directing that the person, having been conveyed to that prison in
accordance with the warrant, be detained in prison in the relevant
State or Territory to undergo imprisonment for the part of the term of
imprisonment to which the parole order related that the person has not
served.".
Subsection 15 (4):
Omit "the last preceding subsection", substitute "subsection (3) or (3A)".
Subsection 21 (1):
(a) Insert "or the Administrator of the Northern Territory" after "State"
(first occurring).
(b) Insert "or Territory" after "that State" (wherever occurring).
Subsection 21 (2):
Omit "Public Service of the Commonwealth and officers of a Territory",
substitute "Australian Public Service".
Complaints (Australian Federal Police) Act 1981 After the definition of
"member of the Australian Federal Police" in subsection 3 (1):
Insert the following definition:
" 'minor complaint' means a complaint:
(a) concerning action taken by a member, being action that is or involves
discourtesy to a person; or
(b) that arises out of a misunderstanding of the law, of the policy or
procedures of the Australian Federal Police, or of any other matter;
but does not include a complaint concerning action that is or involves:
(c) serious ill-treatment of a person by a member; or
(d) an assault on a person by a member;".
After paragraph 3 (3) (b):
Insert the following paragraphs:
"(ba) a reference to cautioning a member for a breach of discipline shall be
construed as a reference to cautioning a member for a breach of discipline in
accordance with regulations made under the Australian Federal Police Act 1979;
(bb) a reference to a member being offered or accepting a caution shall be
construed as a reference to a member being offered or accepting, as
the case may be, a caution in accordance with regulations made under
the Australian Federal Police Act 1979 ;".
Subsection 5 (1):
(a) Insert "or complains to the Ombudsman concerning action taken by a
member," after "or by another member,".
(b) Omit "whether".
Paragraph 5 (1) (a):
Insert "whether" before "the complaint".
Paragraph 5 (1) (b):
Insert "whether or not" before "the member".
Paragraph 5 (1) (c):
Insert "whether or not" before "the identity".
Subsection 5 (2):
Omit the subsection.
Subsection 6 (1):
Omit all the words after "complaint is made", substitute the following:
"shall:
(a) if the member is authorised by the General Orders or General
Instructions to make determinations under this paragraph-determine
whether the complaint is a minor complaint and:
(i) where the member determines that the complaint is a minor
complaint, refer it to a member designated by the Commissioner
for the purposes of section 6A; or
(ii) in any other case-refer the complaint, by the most expeditious
means available to the member, to the Investigation Division
for investigation; or
(b) if the member is not so authorised-refer the complaint to a member who
is so authorised".
Subsection 6 (2):
Omit the subsection.
After section 6:
Insert the following sections: Procedure for minor complaints
"6A. (1) A member designated by the Commissioner for the purposes of this
section shall, as soon as practicable after receiving a minor complaint:
(a) discuss the complaint with the complainant; and
(b) inform the complainant that the complaint:
(i) is being dealt with as a minor complaint; and
(ii) will, if the complainant at any time requests, be referred to
the Investigation Division for investigation.
"(2) Subject to subsection (3), the member may, in the discussion or
otherwise, attempt to resolve the complaint by conciliation.
"(3) If:
(a) the member has not discussed the complaint with the complainant within
24 hours after receiving the complaint;
(b) the member is satisfied, after discussion with the complainant, that
the complaint is not likely to be resolved by conciliation; or
(c) the complainant so requests; the member shall refer the complaint, by
the most expeditious means available to the member, to the
Investigation Division for investigation and, if paragraph (a)
applies, shall accompany the complaint with a statement of the reasons
why the complaint has not been discussed with the complainant.
"(4) Where the complaint is resolved by conciliation:
(a) the member shall:
(i) inform the officer in charge; and
(ii) provide the officer with any information about the complaint,
and about the action taken by the member, that the officer
requests;
(b) the officer in charge shall:
(i) notify the Ombudsman of the complaint and of the resolution of
the complaint; and
(ii) furnish the Ombudsman with particulars of both; and
(c) the officer in charge shall take no action, or further action, by way
of investigating or further investigating the complaint unless the
Ombudsman requests the Commissioner, in writing, to cause it to be
investigated or further investigated by the Investigation Division.
Conciliation
"6B. (1) Where the Commissioner or officer in charge considers that the whole
or part of a complaint (whether made under section 6 or 22, but not including
a complaint that is being dealt with under subsection 6A (2)) may properly be
dealt with by attempting to resolve the complaint by conciliation, the
Commissioner or officer in charge may, after notifying the Ombudsman, direct a
senior member to attempt to resolve the complaint by conciliation.
"(2) Where the Commissioner or officer in charge:
(a) is satisfied that the complaint has been resolved by conciliation; or
(b) is satisfied, after discussion with the complainant, that the
complaint is not likely to be resolved by conciliation; the
Commissioner shall inform the Ombudsman accordingly and, where
paragraph (a) applies, furnish particulars of the resolution of the
complaint to the Ombudsman.
"(3) Except where the officer in charge is satisfied as provided in paragraph
(2) (b), the officer in charge may, in his or her discretion, defer the
investigation or further investigation of the whole or part of the complaint
pending the outcome of an attempt under this section to resolve the complaint
by conciliation.
"(4) Where the officer in charge is satisfied that the whole or part of the
complaint has been resolved by conciliation, the officer in charge shall take
no action, or further action, by way of investigating or further investigating
the whole or that part of the complaint unless the Ombudsman requests the
Commissioner, in writing, to cause it to be investigated or further
investigated by the Investigation Division.
"(5) Evidence of a statement made by a member, or of an answer given by a
member to a question asked of the member, in the course of an attempt under
this section to resolve a complaint by conciliation is not admissible against
the member in any proceedings (including proceedings for or in relation to a
breach of discipline).
"(6) This section shall not be taken to prevent the Ombudsman from
investigating under Part III a complaint made under section 6 that is, in
substance, a complaint concerning the practices and procedures of the
Australian Federal Police.
"(7) For the purposes of subsection (1), a senior member is a member (other
than the member against whom the complaint is made) whose substantive rank:
(a) is not lower than Senior Sergeant; and
(b) is at least a substantive rank senior to that of the member against
whom the complaint is made.".
Subsection 10 (2):
(a) Insert "or referred to the Commissioner under section 23 and following
consultation with the Ombudsman about the results of the
investigation" after "section 6".
(b) Omit "and, unless the identity of the complainant is not known, to the
complainant".
Subsections 11 (1) and (2):
Insert "or cautioning" after "charging".
Subsection 11 (3):
Omit paragraphs (a) and (b), substitute the following paragraphs:
"(a) that a member or members be charged;
(b) that a member or members be cautioned; or
(c) that no action be taken by way of charging or cautioning a member or
members;".
Subsection 11 (7):
Insert "or cautioning" after "charging" (wherever occurring).
After paragraph 11 (9) (b):
Insert the following paragraph:
"(ba) a reference to the cautioning of a member shall be construed as a
reference to the cautioning of a member for a breach of discipline;".
Paragraph 11A (2) (c):
Omit the paragraph, substitute the following paragraph:
"(c) in the case of proceedings instituted pursuant to a proposal put by the
Commissioner as mentioned in subsection 11 (4)-without the consent of the
Ombudsman.".
Section 12:
(a) Insert ", or accepts a caution for a breach of discipline," after
"discipline".
(b) Insert "or cautioned, as the case may be" after "charged" (last
occurring).
Section 13:
(a) Insert ", or accepts a caution for a breach of discipline," after
"discipline".
(b) Insert "or cautioned" after "so charged".
(c) Insert "or caution" after "charge" (wherever occurring).
Section 19:
Repeal the section.
Paragraph 24 (1) (c):
Insert ", or cautioned for a breach of discipline," after "discipline".
Paragraph 24 (1) (d):
Omit "unnecessary", substitute "not warranted".
Subsection 24 (3):
Omit the subsection, substitute the following subsection:
"(3) Where the Ombudsman does not, for any reason, investigate, or continue to
investigate, any action, the Ombudsman shall, as soon as practicable and in
such manner as the Ombudsman thinks fit, inform the complainant and (except
where an arrangement with the Commissioner is in force under subsection (4A)
relating to a class of actions in which that action is included) the
Commissioner of the decision and of the reasons for the decision.".
Subsection 26 (3):
Insert ", or cautioned for a breach of discipline," after "discipline".
Subsection 34 (1):
Omit ", to the member concerned".
Paragraph 34 (5) (a):
Omit "-furnish to the member concerned and, unless the identity of the
complainant is not known,", substitute "and the identity of the complainant is
known-furnish".
Paragraph 34 (5) (b):
(a) Insert "where the identity of the complainant is known" after "case".
(b) Omit "the member concerned and".
Paragraph 36 (1) (a):
Omit "has not been adequately investigated", substitute "requires further
investigation".
Paragraph 36 (1) (c):
Insert ", or cautioned for a breach of discipline," after "discipline".
Paragraph 36 (2) (a):
Omit "has still not been adequately investigated", substitute "still requires
further investigation".
Paragraph 36 (2) (c):
Insert ", or cautioned for a breach of discipline," after "discipline".
Subsection 36 (3):
Omit the subsection, substitute the following subsections:
"(3) The Ombudsman may, in a notification given or recommendation made under
subsection (1) or (2), include any recommendation (not being a recommendation
that a member be charged with an offence or breach of discipline or cautioned
for a breach of discipline) that the Ombudsman thinks fit to make, and may
also request the Commissioner to give to the Ombudsman, within a specified
time, particulars of any action that the Commissioner proposes to take in
consequence of the recommendation.
"(3A) The Ombudsman may (otherwise than in a notification given or
recommendation made under subsection (1) or (2)) make, in writing, any
recommendation to the Commissioner (not being a recommendation that a member
be charged with an offence or breach of discipline or cautioned for a breach
of discipline) that the Ombudsman thinks fit to make, and may also request the
Commissioner to give to the Ombudsman, within a specified time, particulars of
any action that the Commissioner proposes to take in consequence of the
recommendation.".
Subsection 36 (4):
Add at the end "or a recommendation made under subsection (3) or (3A)".
Subsection 36 (5):
Omit "in a notification under paragraph (1) (b) or (2) (b)", substitute "under
subsection (3) or (3A)".
Paragraph 37 (1) (a):
(a) Omit "to the member concerned and".
(b) Omit "concerning the charging of a member with an offence or breach of
discipline".
Paragraph 37 (1) (b):
(a) Insert " or cautioned for a breach of discipline" after "discipline".
(b) Insert ", or caution accepted," after "any charge laid".
Paragraphs 37 (2) (a) and (b):
Omit "to the member concerned and".
Section 42:
Repeal the section.
Subsection 49 (4):
Insert "or cautioned for a breach of discipline" after "discipline".
Paragraph 52 (2) (b):
Add at the end "or cautioned for a breach of discipline".
After section 66:
Insert the following section: Proceedings for charge where caution not
accepted
"66A. Where:
(a) a member is offered a caution for a breach of discipline; and
(b) the member does not accept the caution; the Commissioner shall
institute proceedings against the member in respect of the breach of
discipline.".
Subsection 67 (1):
Insert "(whether or not also as a result of the member not accepting a
caution)" before "the proceedings".
Subsection 71 (2):
Omit "under the hand of a", substitute "signed by".
Subsection 76 (4):
After paragraph (a) insert the following paragraph:
"(aa) the standard of proof required in proceedings before the Tribunal;".
Conciliation and Arbitration Act 1904 Section 139:
Add at the end the following subsections:
"(7) A certification made by the Registrar under subsection (4) before the
commencement of this subsection is not, and shall be deemed never to have
been, invalid merely because it was a certification of only part of an
alteration.
"(8) Subsection (7) does not apply in relation to a certification the validity
of which has, before the commencement of that subsection, been called in
question, on the ground that it was a certification of only part of an
alteration, in any proceedings (whether or not the proceedings have been
completed before that commencement), except proceedings in which the court
holds that it is just and equitable that the certification should be treated
as valid.".
Crimes Act 1914 Section 3 (definition of "Commonwealth officer"):
Add at the end the following word and paragraph:
"and (c) for the purposes of sections 70, 72, 73, 74 and 75, a person who,
although not holding office under, or employed by, the Commonwealth, a
Territory or a public authority under the Commonwealth, performs services for
or on behalf of the Commonwealth, a Territory or a public authority under the
Commonwealth;".
Before section 49:
Insert the following sections: Sentence ceases to run while escaped prisoner
at large
"48A. A person who commits an offence against section 47 shall, upon being
returned to lawful custody, undergo, in addition to any punishment imposed for
that offence, the punishment that the person would have undergone if the
person had not escaped. Arrest of prisoner unlawfully at large
"48B. (1) A constable may, without warrant, apprehend a person whom the
constable, with reasonable cause, suspects is a prisoner unlawfully at large.
"(2) The constable shall forthwith take the person before a Magistrate.
"(3) If the Magistrate is satisfied that the person is a prisoner unlawfully
at large, the Magistrate may issue a warrant:
(a) authorising any constable to convey the person to a prison specified
in the warrant; and
(b) directing that the person, having been conveyed to that prison in
accordance with the warrant, be detained in prison to undergo the term
of imprisonment or other detention that the person is required by law
to undergo.
"(4) In this section, 'prisoner unlawfully at large' means a person who is at
large (otherwise than by reason of having escaped from lawful custody) at a
time when the person is required by law to be in custody for an offence
against the law of the Commonwealth.".
Subsection 70 (1):
Omit "his office", substitute "being a Commonwealth officer".
Subsection 70 (2):
Omit "his office", substitute "having been a Commonwealth officer".
Subsection 73 (1):
Omit the subsection.
Paragraph 75 (a):
Omit "his office or employment", substitute "being a Commonwealth officer".
Paragraph 75 (b):
Omit "his pretended office or employment", substitute "pretending to be a
Commonwealth officer".
Subsection 89 (2):
Insert ", a protective service officer" after "constable" (first occurring).
After the definition of "prohibited Commonwealth land" in subsection 89 (5):
Insert the following definition:
" 'protective service officer' has the same meaning as in the Australian
Protective Service Act 1987 .".
Currency Act 1965 Section 13:
Add at the end the following subsection:
"(3) Regulations made for the purposes of this section may specify more than
one standard composition or weight in relation to coins of a particular
denomination.".
After subsection 14 (2):
Insert the following subsection:
"(2A) Regulations made for the purposes of paragraph (2) (b) may prescribe, in
relation to a coin, more than one standard weight, design or set of
dimensions.".
Subsection 14A (1):
Omit the subsection, substitute the following subsection:
"(1) Coins:
(a) of a denomination of $5 or more; or
(b) whose standard composition consists of, or includes, gold, silver or
platinum; shall be issued at prices:
(c) determined, in writing, by the Treasurer; or
(d) calculated in accordance with a method determined, in writing, by the
Treasurer.".
Customs Act 1901 After section 243N:
Insert the following sections: Indemnification of Official Trustee
"243NA. (1) The Commonwealth is by force of this subsection liable to
indemnify the Official Trustee against any personal liability (including any
personal liability as to costs) incurred by it for any act done, or omitted to
be done, by it in the exercise, or purported exercise, of its powers and
duties under this Division.
"(2) Nothing in subsection (1) affects:
(a) any right that the Official Trustee has, apart from that subsection,
to be indemnified in respect of any personal liability referred to in
that subsection; or
(b) any other indemnity given to the Official Trustee in respect of any
such personal liability.
"(3) Where the Commonwealth makes a payment in accordance with the indemnity
referred to in subsection (1), the Commonwealth has the same right of
reimbursement in respect of the payment (including reimbursement under another
indemnity given to the Official Trustee) as the Official Trustee would have if
the Official Trustee had made the payment.
Indemnification of Official Receivers etc.
"243NB. (1) The Commonwealth shall indemnify a person to whom this subsection
applies against any liability incurred by the person:
(a) for any act done negligently, or negligently omitted to be done, by
the person in the performance of the person's duties in relation to
this Division; or
(b) for any act done by the person in good faith in the purported
performance of the person's duties in relation to this Division.
"(2) Subsection (1) applies to:
(a) persons who are Official Receivers under the Bankruptcy Act 1966;
(b) persons who perform any of the duties of such an Official Receiver in
relation to this Division; or
(c) persons who assist such an Official Receiver in the performance of the
Official Receiver's duties in relation to this Division.".
Customs Administration (Transitional Provisions and Consequential Amendments)
Act 1986 The part of the Schedule that amends Schedule 3 to the
Customs Tariff Act 1982 :
Omit "paragraph", substitute "sub-item".
Customs Tariff (Miscellaneous Amendments) Act 1987 Subsection 10 (2):
Omit "1982", substitute "1975".
Schedule 2:
Omit "Bounty (Computers) Act 1985", substitute " Bounty (Computers) Act 1984
".
The part of Schedule 2 that amends the Bounty (Computers) Act 1984:
(a) Omit "Paragraph 6 (1) (b)", substitute "Paragraph 6 (5) (b)".
(b) Omit "section 29", substitute "section 19".
The part of Schedule 2 that amends subsection 4 (1) of the
Subsidy (Cultivation Machines and Equipment) Act 1986 :
Omit "machines", substitute "machine".
Dairy Produce Act 1986 Subsection 3 (1) (definition of "first levy Act"):
Omit "levy", substitute "Levy".
Subsection 3 (1) (definition of "relevant fund"):
Insert "the" before "Supplementary".
Subsection 12 (5):
Omit "limited", substitute "Limited".
After subsection 33 (3):
Insert the following subsection:
"(3A) The Minister shall not appoint a member of the executive council as a
member of the Corporation.".
After paragraph 38 (3) (a):
Insert the following paragraph:
"(aa) becomes a member of the executive council;".
Subsection 51 (1) (definition of "export licence"):
Omit "grant", substitute "granted".
Subsection 82 (11):
Insert "or firm" after "person".
Paragraph 88 (1) (h):
Omit "other relevant fund.", substitute "other relevant fund;".
Defence Force Re-organisation Act 1975 Subsection 184 (1):
Omit "Re-establishment", substitute "(Re-establishment)".
Director of Public Prosecutions Act 1983 Subsection 6 (2A):
Insert "or (2C)" after "(2B)".
After subsection 6 (2B):
Insert the following subsection:
"(2C) Where:
(a) a person has been committed for trial otherwise than in respect of an
offence against the laws of the Commonwealth; and
(b) the Director is satisfied:
(i) that the facts or evidence on the basis of which the person was
committed for trial disclose the commission of an indictable
offence or indictable offences against the laws of the
Commonwealth; and
(ii) that, had the person's committal for trial for the indictable
offence or indictable offences been sought on the basis of
those facts or that evidence, the person could have been
committed for trial for the indictable offence or indictable
offences; the Director may institute a prosecution on
indictment of the person for the indictable offence or
indictable offences or any of the indictable offences.".
Subsection 9 (6):
Insert "proceedings in Australia under the Extradition (Commonwealth
Countries) Act 1966, the Extradition (Foreign States) Act 1966 or the Mutual
Assistance in Criminal Matters Act 1987 , or proceedings by way of a coronial
inquest or inquiry conducted under the laws of the Commonwealth," after "of,
the Director,".
Export Control Act 1982 After the definition of "enter for export" in
section 3:
Insert the following definition:
" 'establishment' includes:
(a) premises and any other place; and
(b) a vehicle, ship and aircraft;".
After subsection 15 (1):
Insert the following subsection:
"(1A) A person shall not:
(a) apply a false trade description to any prescribed goods in respect of
which:
(i) notice of intention to export the goods has been given under
subsection 6 (1) by the person or another person; and
(ii) notice has not been given, in accordance with the regulations,
that the intention to export the goods has been abandoned; or
(b) give, under subsection 6 (1), a notice of intention to export any
prescribed goods to which a false trade description is applied.
Penalty: $100,000 or imprisonment for 5 years, or both.".
Subsection 24 (1):
Omit the subsection, substitute the following subsection:
"(1) Except as approved in writing by the Secretary, the registered owner of a
registered establishment, or an employee or agent of such a person, shall not
supply any goods or services to a person whom the owner, employee or agent, as
the case may be, knows is an authorized officer.
Penalty: $2,000 or imprisonment for 12 months, or both.".
Before the definition of "registered establishment" in subsection 24 (3):
Insert the following definition:
" 'goods' includes any article, substance or commodity;".
After paragraph 25 (2) (d):
Insert the following paragraph:
"(da) the refusal to register an establishment, the refusal to renew the
registration of an establishment, the cancellation or suspension of the
registration of an establishment, or the refusal to approve or permit the
assignment of the registration of an establishment, by reason of the
non-payment of:
(i) an amount that is or was payable to the Commonwealth in
relation to the registration of the establishment or anything
done at or in connection with the establishment; or
(ii) an amount that is or was payable to the Commonwealth, by way of
penalty, in relation to the failure to discharge a liability to
pay an amount referred to in subparagraph (i);
whether the amount is or was payable by the applicant for registration or
renewal or the person in whose name the establishment is registered, as the
case may be, or by another person, and whether the amount became payable in
connection with the export of goods or otherwise;".
Export Inspection Charges Collection Act 1985 Subsection 6 (1):
Omit "the particulars specified in subsection (2)", substitute "such
particulars as are required by the regulations to be specified in the return".
Subsections 6 (2), (3), (4) and (5):
Omit the subsections.
Section 6A:
Omit all the words from and including "the following particulars", substitute
"such particulars as are required by the regulations to be specified in the
return.".
Section 7:
Repeal the section, substitute the following section: Execution and lodgment
of returns
"7. Returns under sections 6 and 6A shall be signed, and submitted to the
Secretary, as required by the regulations.".
Subsection 11 (3):
Omit "$1,000", substitute "the prescribed amount".
Section 14:
Omit "Minister" (wherever occurring), substitute "Secretary".
Export Market Development Grants Act 1974 After the definition of "eligible
expenditure" in subsection 3 (1):
Insert the following definition:
" 'eligible external governmental educational services' means services that
are eligible external governmental educational services by virtue of
regulations made under subsection 43 (3A);".
Paragraph 3A (1) (f):
Insert "grant" before "year".
After subsection 3A (2):
Insert the following subsection:
"(2A) In the application of this section to eligible external governmental
educational services or eligible internal educational services that are
supplied by the Commonwealth, a State or the Northern Territory, subsection
(2) shall be disregarded.".
Subparagraph 4 (1) (c) (ii):
Insert ", eligible internal educational services" after "Australia" (last
occurring).
After subsection 4 (1):
Insert the following subsection:
"(1A) In the application of subsection (1) to eligible external governmental
educational services or eligible internal educational services that are
supplied by the Commonwealth, a State or the Northern Territory:
(a) the words ', in the course of their carrying on business in
Australia,' in subparagraph (c) (ii) shall be disregarded;
(b) the words ', in the course of carrying on business in Australia,' in
paragraphs (e) and (f) shall be disregarded; and
(c) paragraphs (k) and (l) shall be disregarded except in relation to a
person who is an approved body.".
Subsection 4 (2AB):
(a) Insert "travel," before "accommodation".
(b) Insert "(other than fares)" after "entertainment".
Subsection 4 (2C):
Insert ", or the majority of," after "all".
Paragraph 14 (1) (a):
Omit the paragraph, substitute the following paragraph:
"(a) the Commonwealth, a State or the Northern Territory, otherwise than in
relation to eligible external governmental educational services and eligible
internal educational services; or".
Subsection 16 (3):
Insert "of export earnings" after "an amount".
Subsection 38 (2):
Omit "expenditure incurred, or of any income received,", substitute
"expenditure or income".
Paragraph 38 (7) (c):
Omit the paragraph, substitute the following paragraphs:
"(c) the only expenditure of the person were the sum of the actual expenditure
(if any) of the person in respect of the grant year and the expenditure
re-allocated to the person; and
(d) the only income of the person were the sum of the actual income (if
any) of the person in respect of the grant year and the income
re-allocated to the person.".
After subsection 43 (3):
Insert the following subsection:
"(3A) The regulations may declare that services of a specified kind, being
services of an educational nature that are supplied by the Commonwealth, a
State or the Northern Territory to students outside Australia, are eligible
external governmental educational services.".
Subsection 43 (6):
Omit the subsection, substitute the following subsection:
"(6) Regulations referred to in subsection (3), (3A), (4) or (5) that are made
after the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 receives the
Royal Assent and before 1 July 1988 may be expressed to have taken effect from
20 May 1985.".
Extradition (Commonwealth Countries) Act 1966 After item 31A in the Schedule:
Insert the following item:
"31B. An offence of a kind referred to in paragraph 1 of Article 7 of the
Convention on the Physical Protection of Nuclear Material, a copy of the
English text of which is set out in Schedule 4 to the
Nuclear Non-Proliferation (Safeguards) Act 1987 .".
Family Law Act 1975 After subsection 94 (1):
Insert the following subsection:
"(1AA) An appeal lies to a Full Court of the Family Court from a decree or
decision of a Judge exercising original or appellate jurisdiction under this
Act rejecting an application that he or she disqualify himself or herself from
further hearing a matter.".
Subsection 94 (1A):
Insert "or (1AA)" after "(1)".
Subsection 94 (2):
Insert "or decision" after "decree" (wherever occurring).
Subsection 94A (1):
(a) Insert "or decision" after "decree".
(b) Insert "or (1AA)" after "94 (1)".
Federal Court of Australia Act 1976 Subsection 5 (3):
Insert ", who shall be called Chief Justice of the Court," after "Chief
Judge".
First Home Owners Act 1983 Paragraphs 14 (1) (e) and (f):
Omit the paragraphs, substitute the following word and paragraph:
"and (e) any person who, on the date of the contract, or the date on which
construction commenced, as the case may be, was the spouse of the home
acquirer or of any of the home acquirers, as the case may be;".
Subparagraph 14 (2) (b) (ii):
Insert "in Australia" after "dwelling".
Paragraphs 14 (7) (a) and (b):
Omit the paragraphs, substitute the following paragraphs:
"(a) in the case of a contract for the purchase of a dwelling (other than a
contract that provides for payment of the whole or part of the purchase price
by instalments)-not earlier than 3 months after the date of the contract and
not later than the day on which the vendor completes performance of the
contract;
(b) in the case of a contract for the purchase of a dwelling, being a
contract that provides for payment of the whole or part of the
purchase price by instalments-not earlier than 3 months after, and not
later than 12 months after, the date of the contract; or
(c) in the case of a contract for the construction of a dwelling by a
building contractor-not earlier than 6 months after the date of the
contract and not later than:
(i) the day on which a certificate of occupancy (however described)
is issued in relation to the dwelling by a local government
authority; or
(ii) the day on which the applicant takes possession of the
dwelling;
whichever happens first.".
Subsection 14 (8):
Omit the subsection, substitute the following subsections:
"(8) The Secretary shall not make a determination under subsection (7) in
relation to a contract unless the Secretary is satisfied:
(a) that it is appropriate to make the determination because of unusual
circumstances relating to the contract and the manner of its
performance; and
(b) that the making of the determination would be to the advantage of the
person or persons affected.
"(8A) Where the Secretary is satisfied that:
(a) on the date on which a person entered into a contract or commenced the
construction of a dwelling as mentioned in paragraph (1) (a), (b) or
(c), the person and another person intended to become spouses of each
other; and
(b) that other person has consented to be treated as the spouse of the
first-mentioned person for the purposes of this section; the Secretary
may direct that, for the purposes of this section, the other person
shall be taken to have been the spouse of the first-mentioned person
on that date.
"(8B) In relation to the requirement set out in paragraph (8A) (a), the
Secretary may have regard to such matters as the Secretary thinks
appropriate.".
Foreign States Immunities Act 1985 Section 22:
Omit "subsection 16 (1)", substitute "paragraph 16 (1) (a)".
Health Insurance Act 1973 Subsection 3 (1) (definition of "net operating
costs"):
Omit the definition.
Section 23EA:
Add at the end the following subsection:
"(3) A declaration under subsection (1) may be expressed to take effect from a
day earlier than the day on which the declaration is made (not being a day
earlier than the day on which the premises specified in the declaration were
licensed, under the law of the State in which they are located, to operate as
a private hospital).".
After subsection 97 (2):
Insert the following subsections:
"(2A) The quorum for a hearing is 3 members.
"(2B) A question arising at a hearing shall be decided by a majority of the
votes of the members present and voting and, for that purpose, the member
presiding shall have a deliberative vote only.
"(2C) In the event of an equality of votes on a question before a hearing, the
question shall be deemed to be unresolved and the member presiding may direct
that the question be reconsidered at a time and place fixed by the member
presiding.".
Health Legislation Amendment Act 1986 Paragraph 25 (b):
Omit "and", substitute "or".
Paragraph 27 (a):
Omit "and", substitute "or".
Health Legislation Amendment Act (No. 2) 1986 Paragraph 46 (b):
Omit "28EA (5)", substitute "23EA (5)".
The part of Schedule 1 that amends subsection 40AE (5) of the National Health
Act 1953 :
Omit "preceding subsection", substitute "preceding section".
The part of Schedule 1 that amends subsection 76 (4) of the
National Health Act 1953 :
Omit "76 (4)", substitute "76A (4)". The part of Schedule 2 that amends
references to "pharmaceutical chemists" in the National Health Act 1953:
(a) Omit "113 (1) and", substitute "113 (1),".
(b) Insert "and subsection 125 (7)" after "116".
Honey Industry Act 1962 Section 7:
Add at the end the following subsections:
"(12) Notwithstanding subsections (6) and (8), the Minister may, under this
subsection, re-appoint the person who was, on 30 June 1987, the member
representing honey producers in a State to be that member.
"(13) Notwithstanding subsections (3), (4), (5) and (9), the Minister may,
under this subsection, re-appoint a person who was, on 1 August 1987, a member
representing honey packers to be such a member.
"(14) If, on or at any time after the commencement of this subsection but
before 1 January 1989, there is a vacancy in the office of a member, the
Minister may, under this subsection, appoint a person to fill the vacancy.
"(15) An appointment under subsection (12), (13) or (14) shall be for a term
ending on 31 December 1988.".
Housing Loans Insurance Act 1965 Paragraph 5 (4) (b):
Insert "or re-insurance" after "insurance".
Section 8A:
Repeal the section, substitute the following section: Acting Chairman and
Deputy Chairman
"8A. (1) The Minister may appoint a person to act as Chairman:
(a) during a vacancy in the office of Chairman; or
(b) during any period, or during all periods, when the Chairman is absent
from duty or from Australia or is, for any other reason, unable to
perform the duties of the office.
"(2) The Minister may appoint a person to act as Deputy Chairman:
(a) during a vacancy in the office of Deputy Chairman; or
(b) during any period, or during all periods, when the Deputy Chairman is
absent from duty or from Australia, is acting as Chairman or is, for
any other reason, unable to perform the duties of the office.
"(3) An appointment of a person under subsection (1) or (2) may be expressed
to have effect only in specified circumstances.
"(4) A person appointed under subsection (1) or (2) to act during a vacancy in
the office of Chairman or Deputy Chairman shall not continue to act for more
than 12 months.
"(5) Where:
(a) a person is acting as Chairman under paragraph (1) (b) or as Deputy
Chairman under paragraph (2) (b); and
(b) the office of Chairman or Deputy Chairman, as the case may be, becomes
vacant; then, subject to subsection (3), the person may continue to
act until:
(c) the Minister otherwise directs in writing;
(d) the vacancy is filled; or
(e) a period of 12 months from the day on which the vacancy occurred
expires; whichever happens first.
"(6) A person acting as Chairman or Deputy Chairman has all the powers and
duties of the Chairman and Managing Director, or Deputy Chairman and Deputy
Managing Director, as the case may be.
"(7) The Minister may:
(a) determine the terms and conditions of appointment, including
remuneration and allowances, of a person appointed to act as Chairman
or Deputy Chairman; and (b) terminate the appointment at any time.
"(8) A person appointed to act as Chairman or Deputy Chairman may resign the
appointment by writing signed by the person and delivered to the Minister.
"(9) Anything done by or in relation to a person purporting to act as Chairman
or Deputy Chairman is not invalid because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.".
Subsection 9 (10):
Omit the subsection.
Section 11:
Repeal the section, substitute the following section: Termination of
appointment
"11. (1) The Governor-General may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.
"(2) If:
(a) a member becomes bankrupt, applies to take the benefit of a law for
the relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for their
benefit;
(b) a member, without reasonable excuse, contravenes section 10;
(c) the Chairman or Deputy Chairman:
(i) engages in paid employment outside the duties of his or her
office without the approval of the Minister; or
(ii) is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days or 28 days in any 12 months;
or
(d) a member (other than the Chairman or Deputy Chairman) is absent,
except on leave of absence granted by the Minister, from 3 consecutive
meetings of the Corporation; the Governor-General shall terminate the
member's appointment.".
After section 17:
Insert the following section: Re-insurance business
"17A. (1) Where:
(a) a company has entered into, or proposes to enter into, a contract of
insurance insuring an approved lender against the whole or part of any
insurable loss in respect of an insurable loan made, or proposed to be
made, by the lender; and
(b) the company is a subsidiary of the approved lender; the Corporation
may enter into a contract re-insuring the whole or part of any loss of
the company under the contract of insurance.
"(2) Subject to this Act, the terms and conditions to be included in contracts
of re-insurance to be entered into by the Corporation shall be such as are
determined by the Corporation.
"(3) Notwithstanding that a company ceases to be a subsidiary of an approved
lender, the company shall, for the purposes of subsection (1), continue to be
a subsidiary of the approved lender in relation to any contract of insurance
that is the subject of a contract of re-insurance entered into by the
Corporation before the company ceased to be a subsidiary of the approved
lender.
"(4) The question whether a company is a subsidiary of an approved lender
shall be determined in the same manner as the question whether a corporation
is a subsidiary of another corporation is determined for the purposes of the
Companies Act 1981.
"(5) In subsection (1):
'insurable loss', in relation to an insurable loan, includes:
(a) loss of moneys constituting the loan;
(b) loss of interest and other charges on or in relation to the loan; and
(c) any other loss arising from any default in relation to the loan.".
Section 20:
Add at the end the following subsection:
"(3) The Minister may direct the Corporation, in writing, not to enter into
specified classes of contracts of re-insurance, and the Corporation shall
comply with the direction.".
Subsection 25 (5):
Insert "or re-insurance" after "insurance" (wherever occurring).
Subsection 26 (1):
Insert "or re-insurance" after "insurance".
Subsection 27 (1):
Insert "or re-insurance" after "insurance".
Section 37A:
Insert "17A," after "section 17,".
Section 40A:
Insert "and re-insurance" after "insurance" (wherever occurring).
Section 41:
Insert "or re-insurance" after "insurance".
Subsection 43 (3):
Omit the subsection.
Human Rights and Equal Opportunity Commission Act 1986 Section 11:
Add at the end the following subsections:
"(3) Notwithstanding paragraphs (1) (a), (d) and (f), the functions of the
Commission do not include inquiring into an act or practice of an intelligence
agency, and, where a complaint is made to the Commission alleging that an act
or practice of such an agency is inconsistent with or contrary to any human
right, constitutes discrimination, or is unlawful under the
Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, the
Commission shall refer the complaint to the Inspector-General of Intelligence
and Security.
"(4) A reference in subsection (3) to an intelligence agency is a reference to
the Australian Secret Intelligence Service, the Australian Security
Intelligence Organization, the Office of National Assessments, that part of
the Department of Defence known as the Defence Signals Directorate (including
any part of the Defence Force that performs functions on behalf of that part
of the Department) or that part of the Department of Defence known as the
Joint Intelligence Organisation.".
Income Tax Assessment Amendment (Capital Gains) Act 1986 Section 34:
Insert "(wherever occurring)" after " 'income' ".
Income Tax Assessment Amendment (Research and Development) Act 1986 Section 8:
Omit "70A", substitute "70A,".
Inspector-General of Intelligence and Security Act 1986 After the definition
of "Commonwealth agency" in subsection 3 (1):
Insert the following definition:
" 'discrimination' has the same meaning as in the Human Rights and Equal
Opportunity Commission Act 1986 ;".
Subsection 3 (1) (definition of "human rights"):
Omit " Human Rights Commission Act 1981", substitute " Human Rights and Equal
Opportunity Commission Act 1986 ".
Subparagraphs 8 (1) (a) (v), (2) (a) (iv) and (3) (b) (i):
(a) Insert ", that constitutes or may constitute discrimination, or that
is or may be unlawful under the Racial Discrimination Act 1975 or the
Sex Discrimination Act 1984 " after "human right".
(b) Omit "Human Rights Commission", substitute "Human Rights and Equal
Opportunity Commission".
Intelligence and Security (Consequential Amendments) Act 1986 Part VII:
Repeal the Part.
International Organizations (Privileges and Immunities) Act 1963 Section 2:
Repeal the section.
Subsection 3 (1) (definition of "envoy"):
Omit the definition, substitute the following definitions:
" 'diplomatic agent' and 'diplomatic mission' have the same respective
meanings as in the Diplomatic Privileges and Immunities Act 1967;".
After the definition of "international organization to which this Act applies"
in subsection 3 (1):
Insert the following definition:
" 'member of the administrative and technical staff', in relation to a
diplomatic mission, has the same meaning as in the Diplomatic Privileges and
Immunities Act 1967 ;".
Paragraph 7 (2) (a):
Omit "an envoy", substitute "a diplomatic agent".
Paragraph 7 (2) (b):
Omit "retinue of an envoy", substitute "administrative and technical staff of
a diplomatic mission".
Subsections 12 (1) and (2):
Omit "$100", substitute "$1,000".
Part I of the Second Schedule:
Omit "an envoy", substitute "a diplomatic agent".
Clause 7 of the Third Schedule:
Omit "an envoy", substitute "a diplomatic agent".
Clause 6 of Part I of the Fourth Schedule:
Omit "an envoy", substitute "a diplomatic agent".
Clause 6 of Part I of the Fifth Schedule:
Omit "an envoy", substitute "a diplomatic agent".
Local Government (Financial Assistance) Act 1986 Subsection 16 (1):
Insert "Amendment" before "Act 1984".
Management and Investment Companies Act 1983 Subsection 21 (5):
Omit the subsection, substitute the following subsection:
"(5) The Board may:
(a) impose conditions when granting a licence under this section or, by
notice in writing served on the licensee, at any time when the licence
is in force; and
(b) at any time when the licence is in force, by notice in writing served
on the licensee, vary or revoke any of the conditions of the licence
or impose further conditions.".
Section 22:
Repeal the section, substitute the following section: Furnishing of
information to Board
"22. The Board may, from time to time, direct a licensee, or a business entity
that manages a licensee, to furnish to the Board, within such time as is
specified in the direction or such further time as the Board allows, such
information as the Board requires for the purpose of performing its duties and
functions under this Act, being information relating to the licensee or its
operations.".
After subsection 29 (8):
Insert the following subsection:
"(8A) Subsection (8) does not apply in relation to a person who has been an
officer of the business entity if the Board is satisfied that there is no
actual conflict of interest as a result of the person having been such an
officer.".
Section 31:
Add at the end the following subsection:
"(3) Subsection (2) does not apply in relation to shares in the eligible
business entity that have been, or are to be, acquired by the licensee if the
Board is satisfied that the money spent in acquiring those shares has
increased, or will increase, the value of the eligible business entity.".
After subsection 37 (3):
Insert the following subsection:
"(3A) Notwithstanding subsection (3), the Board may, having regard to business
cycles or fluctuations in the market place, extend the period of 18 months
referred to in that subsection in relation to any particular licensee.".
Meat Inspection Act 1983 Section 4:
Add at the end the following subsection:
"(8) Where:
(a) the Governor-General has, by Proclamation under subsection (4),
declared that this Act extends to the Northern Territory; and
(b) the Administrator of the Northern Territory requests the
Governor-General to revoke the Proclamation either forthwith or from
such day as is specified in the request; the Governor-General shall
give effect to the request.". Subsection 35 (1):
Omit "meat", substitute "any goods or services".
Migration Act 1958 Subsection 5 (1) (definition of "return endorsement"):
Omit the definition.
Subsection 5 (6):
Omit "or return endorsement" (wherever occurring).
Paragraph 6A (4) (a):
Omit "Services", substitute "Security".
Paragraph 11 (2) (a):
Omit "or return endorsement".
Heading to Division 1A of Part II:
Omit "and Return Endorsements".
Subsection 11A (1):
Omit the subsection, substitute the following subsection:
"(1) An authorized officer may, in accordance with this section, grant to a
person, on request by the person, a visa with respect to travel to Australia
by the person and any other person whose name is included in the visa:
(a) on a single occasion;
(b) on occasions aggregating not more than a specified number of
occasions; or
(c) on any number of occasions; while the visa remains in force.".
Subsections 11A (2), (3) and (4):
Omit "or return endorsement" (wherever occurring).
Subsection 11A (5):
Omit the subsection.
Section 11B:
Omit "or return endorsement".
Paragraph 11C (1) (a):
Omit "or return endorsement".
Subsection 11C (4):
Omit "or return endorsement" (wherever occurring).
Paragraph 11C (5) (a):
Omit "or return endorsement" (wherever occurring).
Subsection 11C (6):
Omit "or return endorsement" (wherever occurring).
Sub-subparagraph 16 (1) (b) (i) (A):
Omit "return endorsement,".
Paragraph 16 (1) (ba):
(a) Omit "or a return endorsement".
(b) Omit "or return endorsement" (wherever occurring).
Subsection 16 (1C):
Omit the subsection, substitute the following subsection:
"(1C) A reference in subsection (1) to a visa includes a reference to:
(a) a visa or similar notation, or a form of provisional authority to
enter Australia, that was issued on behalf of the Commonwealth before
1 November 1979; or
(b) a document or notation that was issued on behalf of the Commonwealth
before 1 November 1979 in respect of the return of a person to
Australia.".
Paragraph 55 (1) (g):
Omit "return endorsement,".
Subparagraph 67 (1) (a) (i):
Omit ", visas or return endorsements", substitute "or visas".
Paragraph 67 (1) (c):
(a) Omit "maintenance guarantees", substitute "assurances of support".
(b) Omit "such guarantees" (wherever occurring), substitute "assurances of
support".
(c) Omit "the guarantees", substitute "the assurances of support".
Minerals (Submerged Lands) Act 1981 Section 2:
Repeal the section, substitute the following section: Commencement
"2. The provisions of this Act shall come into operation on a day, or on
respective days, fixed by Proclamation.".
Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 The
amendment of subsection 9 (6) of the Director of Public Prosecutions Act 1983
made by the Schedule:
Omit the amendment.
National Companies and Securities Commission Act 1979 Section 14:
Add at the end the following subsections:
"(4) The Ministerial Council may, by resolution, make a determination about
the provision of superannuation benefits for or in relation to a specified
full-time member who, when the resolution is passed, is not an eligible
employee within the meaning of the Superannuation Act 1976.
"(5) The Ministerial Council may, by resolution, vary or revoke a
determination made under subsection (4), including such a determination that
has previously been varied on at least one occasion.
"(6) The Ministerial Council shall not make a determination under subsection
(4), or vary or revoke a determination so made, except in accordance with
arrangements approved by the Minister for Finance.
"(7) Superannuation benefits may be provided in accordance with a
determination made under subsection (4) as that determination is in force when
the benefits are provided.
"(8) In subsections (4) and (7), 'superannuation benefits' includes:
(a) benefits in the nature of superannuation benefits; and
(b) benefits similar to benefits provided under the Superannuation Act
1976 .".
Paragraph 29 (1) (b):
Omit "and".
After paragraph 29 (1) (b):
Insert the following paragraph:
"(ba) without limiting the generality of paragraph (a):
(i) in connection with the provision, in accordance with subsection
14 (7), of superannuation benefits within the meaning of that
subsection; and
(ii) in making, in respect of a full-time member who is not an
eligible employee within the meaning of the
Superannuation Act 1976, contributions under a superannuation
or retirement scheme, however established; and".
National Crime Authority Act 1984 Subsection 4 (1) (definition of "member of
the staff of the Authority"):
(a) Omit "or" from paragraph (b).
(b) Add at the end the following paragraphs:
"(d) a member of a Task Force established pursuant to paragraph 11 (1) (c); or
(e) a legal practitioner appointed under section 50 to assist the
Authority as counsel;".
Subsection 25 (7):
Omit "counsel assisting the Authority in relation to the matter that is the
subject of the hearing".
Subsection 31 (1):
Omit the subsection, substitute the following subsection:
"(1) Where, upon application by or on behalf of the Authority, a Judge of the
Federal Court sitting in chambers is satisfied by evidence on oath that there
are reasonable grounds to believe:
(a) that a person who has been ordered, under section 24, to deliver his
or her passport to the Authority, whether or not the person has
complied with the order, is nevertheless likely to leave Australia for
the purpose of avoiding giving evidence before the Authority; or
(b) that a person in relation to whom a summons has been issued under
subsection 28 (1):
(i) has absconded or is likely to abscond; or
(ii) is otherwise attempting, or is otherwise likely to attempt, to
evade service of the summons; the Judge may issue a warrant for
the apprehension of the person.".
After subsection 31 (2):
Insert the following subsection:
"(2A) The warrant may be executed notwithstanding that the warrant is not at
the time in the possession of the person executing it.".
After the definition of "court" in subsection 51 (4):
Insert the following definition:
" 'member of the staff of the Authority' means:
(a) a person referred to in the definition of 'member of the staff of the
Authority' in subsection 4 (1); or
(b) a person who assists, or performs services for or on behalf of, a
legal practitioner appointed under section 50 in the performance of
the legal practitioner's duties as counsel to the Authority;".
National Measurement Act 1960 After the definition of "instrument" in
subsection 3 (1):
Insert the following definition:
" 'interest in land' includes an interest by way of stratum title (by whatever
name known), an interest by way of strata title (by whatever name known) and a
time-sharing interest in land (by whatever name known);".
Subsection 3 (1) (definitions of "Australian primary standard of measurement",
"Australian secondary standard of measurement" and "the Organization"):
Omit "Organization" (wherever occurring), substitute "Organisation".
Section 8:
Omit "Organization" (wherever occurring), substitute "Organisation".
Subsections 9 (1) and (3):
Omit "Organization" (wherever occurring), substitute "Organisation".
After subsection 12 (1):
Insert the following subsection:
"(1A) Subsection (1) does not apply, and shall be deemed never to have
applied, in relation to a contract, dealing or other transaction made or
entered into with respect to an interest in land.".
After section 12:
Insert the following section: Contracts etc. with respect to interests in land
to be expressed in Australian legal units of measurement
"12A. (1) After the commencement of this section, every contract, dealing or
other transaction made or entered into with respect to an interest in land
that refers to any measurement of a physical quantity (including a reference
to a measurement of a physical quantity for descriptive purposes only) shall
refer to Australian legal units of measurement of that physical quantity.
"(2) Where, in a contract, dealing or other transaction to which subsection
(1) applies:
(a) reference is made to a unit of measurement of a physical quantity; and
(b) there is an Australian legal unit of measurement of that physical
quantity of the same name; the reference shall, unless the contrary
intention appears, be deemed to be a reference to that Australian
legal unit of measurement.
"(3) Where a contract, dealing or other transaction in relation to which an
additional unit of measurement is applicable under regulations made for the
purposes of subsection 7 (3) refers to that additional unit of measurement,
then, notwithstanding subsection 7 (2) and subsection (1) of this section, the
contract, dealing or other transaction does not contravene subsection (1)
merely because it refers exclusively to that additional unit of measurement.
"(4) Notwithstanding subsection 7 (2) and subsection (1) of this section, a
contract, dealing or other transaction made or entered into with respect to an
interest in land does not contravene subsection (1) merely because it refers
to units of measurement other than Australian legal units of measurement if:
(a) in the case of land that is registered under a law of a State or
Territory relating to the registration of interests in land-the folium
of the register in which interests in the land are registered, or the
duplicate certificate of title for the land, is expressed in, or
contains or refers to a plan expressed in, units of measurement other
than Australian legal units of measurement (whether or not also
expressed in Australian legal units of measurement); or
(b) in any other case-all the muniments of title for the land are
expressed in, or contain or refer to a plan expressed in, units of
measurement other than Australian legal units of measurement (whether
or not some of the muniments of title are also expressed in, or
contain or refer to a plan that is also expressed in, Australian legal
units of measurement).
"(5) Nothing in this section shall be taken to affect the validity of a
contract, dealing or other transaction, or any interest derived under a
contract, dealing or other transaction, merely because the contract, dealing
or other transaction contravenes subsection (1).
"(6) A person who makes or enters into a contract, dealing or other
transaction that contravenes subsection (1) is guilty of an offence punishable
on conviction by a fine not exceeding $500.".
After section 13:
Insert the following section: Futures contracts and contracts etc. relating to
futures contracts
"13A. (1) Subsections 7 (2) and 12 (1) do not apply in relation to a futures
contract or a contract, dealing or transaction made or entered into in
connection with a futures contract.
"(2) In subsection (1), 'futures contract' has the same meaning as in the
Futures Industry Act 1986.".
Subsection 17 (1):
Insert ", the Executive Director" after "Chairman".
Subsection 17 (2):
Insert "(other than the Executive Director)" after "members" (first
occurring).
Subsection 17 (3):
Insert "appointed by the Governor-General" after "members".
Subsection 17 (5):
Insert "appointed by the Governor-General" after "member".
Subsections 18AA (1) and (2):
Insert "appointed by the Governor-General" after "member".
Section 18AB:
Insert "appointed by the Governor-General" after "member".
Subsections 18AC (1) and (2):
Insert "appointed by the Governor-General" after "member".
Subsection 18AE (3):
Omit "4", substitute "5".
Heading to Part IV:
Omit the heading, substitute the following headings and sections:
"PART IV-EXECUTIVE DIRECTOR AND STAFF
"Division 1-Executive Director Executive Director
"18AG. There shall be an Executive Director of the Commission.
Duties
"18AH. (1) The Executive Director shall conduct the affairs of the Commission.
"(2) The Executive Director shall act in accordance with any policies
determined by, and any directions given by, the Commission.
"(3) All acts and things done in the name of, or on behalf of, the Commission
by the Executive Director shall be deemed to have been done by the Commission.
Appointment
"18AI. (1) The Executive Director shall be appointed by the Commission.
"(2) A person who has attained 65 years of age shall not be appointed as
Executive Director.
"(3) The appointment of a person as Executive Director is not invalid because
of a defect or irregularity in connection with the person's appointment.
Term of office etc.
"18AJ. (1) The Executive Director:
(a) shall be appointed with effect from such day as is specified in the
instrument of his or her appointment; and
(b) holds office during the Commission's pleasure.
"(2) The Executive Director ceases to hold office on attaining 65 years of
age.
Executive Director not to engage in other paid employment
"18AK. The Executive Director shall not engage in paid employment outside the
duties of his or her office except with the approval of the Commission.
Remuneration and allowances
"18AL. (1) The Executive Director shall be paid such remuneration as is
determined by the Remuneration Tribunal, but, if no determination of that
remuneration by the Tribunal is in operation, the Executive Director shall be
paid such remuneration as is prescribed.
"(2) The Executive Director shall be paid such allowances as are prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.
Leave of absence
"18AM. The Chairman may grant leave of absence to the Executive Director on
such terms and conditions, whether as to remuneration or otherwise, as are
determined by the Commission.
Resignation
"18AN. The Executive Director may resign his or her office by writing signed
by the Executive Director and delivered to the Chairman.
Disclosure of interests
"18AO. The Executive Director shall give written notice to the Chairman of all
direct or indirect pecuniary interests that the Executive Director has or
acquires in any business or in any body corporate carrying on any business.
Acting Executive Director
"18AP. (1) The Commission may appoint a person (other than a member) to act as
Executive Director:
(a) during a vacancy in the office of Executive Director (whether or not
an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Executive Director
is absent from duty or from Australia or is, for any other reason,
unable to perform the duties of the office; but a person appointed to
act during a vacancy shall not continue to act as Executive Director
for more than 12 months.
"(2) The appointment may be expressed to have effect only in specified
circumstances.
"(3) Where:
(a) a person is acting under paragraph (1) (b); and
(b) the office of Executive Director becomes vacant; then, subject to
subsection (2), the person may continue to act until:
(c) the Commission otherwise resolves;
(d) the vacancy is filled; or
(e) a period of 12 months from the day on which the vacancy occurred
expires; whichever happens first.
"(4) A person acting as Executive Director has all the powers and duties of
the Executive Director.
"(5) The Commission may:
(a) with the written approval of the Minister, determine the terms and
conditions of appointment, including remuneration and allowances, of a
person appointed to act as Executive Director; and
(b) terminate the appointment at any time.
"(6) A person appointed to act as Executive Director may resign the
appointment by writing signed by the person and delivered to the Chairman.
"(7) Anything done by or in relation to a person purporting to act as
Executive Director is not invalid because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
Exclusion of Executive Director etc. from certain deliberations
"18AQ. (1) The Executive Director shall not be present during any deliberation
of the Commission, or take part in any decision of the Commission, with
respect to:
(a) the appointment of any person as Executive Director;
(b) the determination or application of any terms and conditions on which
a person appointed as Executive Director holds office or may be
granted leave;
(c) the termination of the appointment of the Executive Director; or
(d) the giving or refusing of approval for the Executive Director to
engage in paid employment outside the duties of his or her office.
"(2) A person appointed to act as Executive Director shall not be present
during any deliberation of the Commission, or take part in any decision of the
Commission, with respect to:
(a) the appointment of any person as Executive Director or to act as
Executive Director;
(b) the determination or application of any terms and conditions on which
a person appointed as Executive Director, or to act as Executive
Director, holds office or may be granted leave;
(c) the termination of the appointment of the person or of a person
appointed as Executive Director; or
(d) the giving or refusing of approval for the Executive Director, or a
person acting as Executive Director, to engage in paid employment
outside the duties of his or her office.
Terms and conditions of appointment not provided for by Act
"18AR. The Executive Director holds office on such terms and conditions (if
any) in relation to matters not provided for by this Act as are determined by
the Commission, with the written approval of the Minister.
"Division 2-Staff ".
Section 18F:
Omit "$50,000", substitute "$100,000".
National Museum of Australia Act 1980 Subsection 7 (3):
Insert "or 9A" after "9".
After section 9:
Insert the following section: Disposal of historical material not in national
historical collection
"9A. (1) Subject to subsection (2), the Council may resolve that historical
material owned by or in the possession of the Museum, but not in the national
historical collection, be disposed of by sale, gift, exchange for other
historical material, or destruction.
"(2) The Council shall not resolve that historical material be disposed of by
destruction unless the Council is satisfied that the material has no saleable
value and cannot be disposed of in any other way.
"(3) Where:
(a) the Council has resolved, in accordance with this section, that
historical material be disposed of; and
(b) if the value of the historical material exceeds $5,000, the Minister
has approved of the disposal; the Museum may dispose of the historical
material accordingly.".
National Water Resources (Financial Assistance) Act 1978 Sections 8 to 11
(inclusive), except paragraph 9 (a):
Omit "for Finance" (wherever occurring).
Navigation Act 1912 After the definition of "superintendent" in subsection 6
(1):
Insert the following definition:
" 'survey authority' means a corporation or association for the survey of
shipping, approved by the Minister, in writing, for the purposes of this
definition;".
After the definition of "the Merchant Shipping Act" in subsection 6 (1):
Insert the following definition:
" 'the regulations', except in sections 425 and 426 or to the extent that the
regulations provide otherwise, includes orders made under this Act or pursuant
to the regulations;".
Section 113:
Omit "the forfeiture of or".
Subsection 148D (3):
Omit the subsection, substitute the following subsection:
"(3) Where a court has, under or in connection with this Act, imposed a
pecuniary penalty on a seaman or apprentice and the liability in respect of
the penalty has not been otherwise discharged, the Minister may apply the
whole or any part of an amount of wages of the seaman or apprentice held by
the Minister under this section in paying to the Consolidated Revenue Fund an
amount not exceeding the amount of the penalty.".
Subsection 187A (1) (definitions of "certificate of equipment" and
"certificate of survey"):
Omit the definitions, substitute the following definitions:
" 'certificate of equipment' means:
(a) a certificate of equipment issued under subsection 194 (4); or
(b) a certificate, or a certificate in a class of certificates, recognised
in a determination made under subsection 194 (6) as equivalent to a
certificate of equipment, or a class of certificates of equipment,
issued under subsection 194 (4);
'certificate of survey' means:
(a) a certificate of survey issued under subsection 194 (4); or
(b) a certificate, or a certificate in a class of certificates, recognised
in a determination made under subsection 194 (6) as equivalent to a
certificate of survey, or a class of certificates of survey, issued
under subsection 194 (4);".
Subparagraph (b) (iv) of the definition of "international voyage" in
subsection 187A (1):
Omit the subparagraph, substitute in paragraph (b) the following:
"(iv) to a port in a country to which the Safety Convention applies from a
port outside that country; other than a voyage in the course of which the ship
concerned:
(v) is not at any time more than 600 nautical miles from the nearest point
on the coast of Australia; and
(vi) does not call at a port in a country other than Australia;".
Subsection 187A (1) (definition of "survey authority"):
Omit the definition.
Section 187BA:
Repeal the section, substitute the following section: Approval of
classification certificates
"187BA. The Minister may, for the purposes of this Part, approve, in writing,
a standard of classification certificate issued by a survey authority.".
Subsection 194 (4):
Omit "a certificate" (last occurring), substitute "certificates".
Section 194:
Add at the end the following subsection:
"(6) Where the Minister is of the opinion:
(a) that a certificate issued under the law of a State or Territory or of
a country other than Australia is equivalent to a certificate of
survey or certificate of equipment issued under subsection (4); or
(b) that a class of certificates issued under the law of a State or
Territory or of a country other than Australia is equivalent to a
class of certificates of survey or certificates of equipment issued
under subsection (4); the Minister may determine, in writing:
(c) that the certificate or class of certificates is so recognised; or
(d) that, if specified conditions are satisfied in relation to the ship in
respect of which the certificate was issued or in relation to a ship
in respect of which a certificate in the class of certificates was
issued, the certificate is so recognised.".
Subparagraph 206T (2) (a) (ii):
Omit "a certificate", substitute "certificates".
Paragraphs 206T (3) (b) and (c):
Omit "a certificate", substitute "certificates".
Subparagraph 206V (1) (b) (ii):
Omit "a certificate", substitute "certificates".
Subsection 221 (1):
Omit "this Division and the regulations or orders that relate to load lines",
substitute "any provision of this Division, or any provision of the
regulations, that gives effect to the provisions of the Convention".
After subsection 221 (1):
Insert the following subsections:
"(1A) An exemption granted by the Minister under subsection (1) may be granted
subject to the condition that such safety requirements as are specified by the
Minister in relation to the ship are complied with.
"(1B) The powers of the Minister under subsection (1) to grant an exemption in
respect of a ship extend to granting exemptions in respect of ships included
in a class of ships.
"(1C) Where safety requirements specified by the Minister under subsection
(1A) in relation to a ship are not complied with, the master and owner of the
ship are each guilty of an offence.".
Paragraph 227A (1) (b):
Omit the paragraph, substitute the following paragraph:
"(b) in any other case-there is in force in respect of the ship:
(i) an Australian load line certificate; or
(ii) a certificate, or a certificate in a class of certificates,
recognised in a determination made under subsection (1AA) as
equivalent to an Australian load line certificate.".
After subsection 227A (1):
Insert the following subsection:
"(1AA) Where the Minister is of the opinion that a certificate issued under
the law of a State or Territory or of a country other than Australia is
equivalent to an Australian load line certificate, the Minister may determine,
in writing:
(a) that the certificate is so recognised; or
(b) that, if specified conditions are satisfied in relation to the ship in
respect of which the certificate was issued, the certificate is so
recognised.".
Section 229:
(a) Insert "and misuse" after "use".
(b) Add at the end the following subsection:
"(2) Section 2 does not apply in relation to this section and regulations made
by virtue of this section.".
Subsections 258 (3) and (5):
Omit "258 (1) (fe)", substitute "425 (1) (fe)".
Section 267B:
Add at the end the following subsection:
"(2) Where, after the survey of an Australian ship (being an oil tanker)
carried out by a survey authority, the authority is satisfied that the ship is
constructed in accordance with the provisions of Annex I, the authority may,
whether or not the ship is required by Annex I to be constructed in accordance
with those provisions, issue in respect of the ship a ship construction
certificate, in the prescribed form, attesting such compliance.".
Section 267Q:
Add at the end the following subsection:
"(2) Where, after the survey of an Australian ship carried out by a survey
authority, the authority is satisfied that the ship is constructed in
accordance with the provisions of Annex II, the authority may, whether or not
the ship is required by Annex II to be constructed in accordance with those
provisions, issue in respect of the ship a chemical tanker construction
certificate, in the prescribed form, attesting such compliance.".
Subsection 269H (1):
Omit "The", substitute "Subject to subsection (1A), the".
After subsection 269H (1):
Insert the following subsection:
"(1A) Where the master of a ship furnishes a deviation report under this
section within 2 hours before the time of day nominated for the furnishing of
the position report under subsection (1), the master is not required to
furnish the position report.".
Subsection 269H (2):
Omit "position report", substitute "deviation report".
Subsections 269H (3) and (5):
Insert "or deviation report" after "position report".
Subsection 269H (6):
Insert "and deviation reports" after "position reports" (last occurring).
Subsection 392 (2):
Omit "217 (2)", substitute "217 (1), (2) and (3), 221 (1C)".
Paragraph 394 (4) (b):
Insert "221 (1C)," after "192C (4),".
Paragraph 394 (4) (c):
Omit "217 (2)", substitute "217 (1), (2) and (3)".
Subsection 397 (2):
(a) Omit "items 4, 6 and 8 of the table at the foot of section 100".
(b) Omit "217 (2), 221 (4)", substitute "217 (1), (2) and (3), 221 (1C),
(4)".
Subsection 405B (1) (definition of "survey authority"):
Omit the definition.
Subsection 427 (1) (definition of "Council"):
Omit "Marine and Ports Council of Australia", substitute "Australian Transport
Advisory Council".
Non-government Schools (Loans Guarantee) Act 1977 Section 3 (definition of
"Commonwealth Schools Commission"):
Omit the definition.
Subsection 4 (1):
Omit "Commonwealth Schools Commission", substitute "Minister".
Subsection 4 (2):
Omit "Commission", substitute "Minister".
Section 10:
Repeal the section, substitute the following section: Delegation by Minister
"10. (1) The Minister may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Minister, delegate to the
person occupying a specified office in the Department all or any of the
Minister's powers under sections 4 and 5.
"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister.
"(3) A delegation under this section does not prevent the exercise of the
power by the Minister.".
Pig Industry Act 1986 Subsections 30 (3) and (4):
Omit the subsections, substitute the following subsections:
"(3) The Auditor-General shall:
(a) consider whether the company auditor is suitable to be auditor of the
Corporation; and
(b) advise the Minister, in writing, of his or her opinion and of the
reasons for the opinion.
"(4) If the Auditor-General advises the Minister that he or she is of the
opinion that the company auditor is suitable to be the auditor of the
Corporation, the Minister shall cause particulars of the request, and of the
Auditor-General's advice, to be given to the Joint Committee of Public
Accounts.".
Subsection 30 (5):
Omit "decision", substitute "advice".
Subsections 30 (8) and (9):
Omit the subsections, substitute the following subsections:
"(8) The Minister shall inform the Corporation, in writing, of the outcome of
a request made by it under subsection (1) and of the reasons for the outcome.
"(9) Where the Minister revokes an appointment made under subsection (6), the
Minister shall inform the Corporation, in writing, of the decision and of the
reasons for the decision.".
Paragraph 39 (2) (a):
Insert "or" after "Committee;".
Paragraph 39 (2) (b):
Omit "Minister; or", substitute "Minister.".
Paragraph 39 (2) (c):
Omit the paragraph.
Protection of the Sea Legislation Amendment Act 1986 Paragraph 20 (2) (b):
Omit "and" (first occurring), substitute "and,".
The part of Schedule 1 that amends section 267J of the Navigation Act 1912:
Omit "$200", substitute "Penalty: $200.".
The part of Schedule 2 that amends section 267X of the Navigation Act 1912:
Omit "$200", substitute "Penalty: $200.".
The part of Schedule 8 that contains the preamble to the Protocol set out in
the Schedule substituted by Schedule 8:
Omit "enhance", substitute "enhanced".
After the part of Schedule 8 that contains Article 18 to the Protocol set out
in the Schedule substituted by Schedule 8:
Omit the following: "IN WITNESS WHEREOF the undersigned, being duly authorized
by their respective Governments for that purpose, have signed this Protocol."
Substitute the following: "IN WITNESS WHEREOF the undersigned,* being duly
authorized by their respective Governments for that purpose, have signed this
Protocol.
* Signatures omitted.".
The part of Schedule 8 that contains the Annex to the Protocol set out in the
Schedule substituted by Schedule 8:
Omit "Number of", substitute "Number or".
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 After the
definition of "the 1978 Protocol" in subsection 3 (1):
Insert the following definition:
" 'the regulations', except in sections 33 and 34 or to the extent that the
regulations provide otherwise, includes orders made pursuant to the
regulations;".
Subsection 11 (8):
Insert "knowingly or recklessly" before "make".
Subsection 22 (8):
Insert "knowingly or recklessly" before "make".
Subsection 26B (10):
Insert "knowingly or recklessly" before "make".
Paragraph 33 (1) (d):
Omit the paragraph, substitute the following paragraph:
"(d) empowering the Minister to make orders with respect to any matter for or
in relation to which provision may be made by the regulations (other than
matters referred to in paragraph (f));".
After subsection 34 (3):
Insert the following subsection:
"(3A) Where regulations made by virtue of paragraph 33 (1) (d) empower the
Minister to make orders with respect to any matter, the orders may, except to
the extent that the regulations provide otherwise or the operation of this
subsection is expressly excluded by a provision of this Act, make such
provision with respect to that matter as could be made by regulation.".
Subsection 34 (6):
Insert "a provision of" after "Where".
Public Order (Protection of Persons and Property) Act 1971 After the
definition of "protected premises" in subsection 4 (1):
Insert the following definition:
" 'protective service officer' has the same meaning as in the Australian
Protective Service Act 1987 ;".
Paragraph 12 (2) (c):
Insert ", by a protective service officer," after "constable".
Paragraph 20 (2) (c):
Insert "by a protective service officer," after "constable,".
Public Service Act 1922 After section 9A:
Insert the following section: Certain acting appointments in Parliamentary
Departments
"9AA. (1) In this section, 'responsible authority' means:
(a) in relation to an office in the Department of the Senate-the President
of the Senate;
(b) in relation to an office in the Department of the House of
Representatives-the Speaker of the House of Representatives; and
(c) in relation to an office in the Department of the Parliamentary
Library, the Department of the Parliamentary Reporting Staff or the
Joint House Department-the President of the Senate and the Speaker of
the House of Representatives.
"(2) The responsible authority may, in writing, appoint a person who is an
officer or employee to act as Clerk of the Senate, Clerk of the House of
Representatives, Parliamentary Librarian, Principal Parliamentary Reporter or
Secretary to the Joint House Department:
(a) during a vacancy in the office;
(b) during a period when the holder of the office is suspended from duty
under section 57 or 59; or
(c) during any period, or during all periods, when the holder of the
office is absent from duty or from Australia or is, for any other
reason, unable to perform the duties of the office; but a person
appointed to act during a vacancy shall not continue to act for more
than 12 months.
"(3) The appointment may be expressed to have effect only in specified
circumstances.
"(4) Where:
(a) a person is acting in an office under paragraph (2) (b) or (c); and
(b) the office becomes vacant; then, subject to subsection (3), the person
may continue to act until:
(c) the responsible authority otherwise directs, in writing;
(d) the vacancy is filled; or
(e) a period of 12 months from the day on which the vacancy occurred
expires; whichever happens first.
"(5) A person acting in an office under subsection (2) has all the powers and
duties of the holder of the office.
"(6) The responsible authority may, in writing, at any time terminate an
appointment made under subsection (2).
"(7) Anything done by or in relation to a person purporting to act in an
office under subsection (2) is not invalid because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.".
Subsection 39 (8):
Omit the subsection.
After section 49D:
Insert the following section: Cancellation of transfer or promotion
"49DA. Before the transfer or promotion of an officer to a vacant Senior
Executive Service office takes effect, the Commissioner may cancel the
transfer or promotion.".
Subsections 50DA (1) and (3):
Omit "vacancy" (wherever occurring), substitute "vacant office".
Paragraph 50DA (4) (c):
Omit "vacancy" (last occurring), substitute "vacant office".
Paragraph 50DA (4) (d):
Omit "vacancy", substitute "vacant office".
Subsections 50DA (5), (6), (9) and (10):
Omit "vacancy" (wherever occurring), substitute "vacant office".
Subsections 50DB (1) and (2):
Omit "vacancy" (wherever occurring), substitute "vacant office".
After subsection 50H (2):
Insert the following subsection:
"(2A) Subsection (2) does not apply in relation to a promotion that, under
this Act, is not subject to appeal under section 50B.".
Subsection 52 (3):
Insert "or the relevant Secretary" after "the Board".
Subsection 55 (1) (definition of "Disciplinary Appeal Committee"):
Omit " Merit Protection (Australian Government Employees) Act 1984",
substitute "Merit Protection Act".
Subsection 57 (6):
Omit "Chairman", substitute "Convenor".
Paragraph 76L (3) (b):
Insert "and, in either case, that the officer is included in the Department
specified in the notice" after "classification" (last occurring).
After subsection 76L (3):
Insert the following subsection:
"(3A) An officer may, before being given a notice under subsection (3),
consent, by notice in writing given to the Commissioner, to the giving of the
first-mentioned notice.".
Subsection 76L (5):
Omit "A notice", substitute "Subject to subsection (5A), a notice".
After subsection 76L (5):
Insert the following subsection:
"(5A) A notice under subsection (3) to an officer who has, under subsection
(3A), consented to the giving of the notice shall state that the notice will
take effect on a specified day, being a day not earlier than the day on which
the notice is given to the officer.".
Subsection 76L (13):
Omit "subsection (11)", substitute "paragraph (6) (b)".
Subsection 76M (3):
Insert "(other than an officer who has, under subsection 76L (3A), consented
to the giving of the notice)" after "given".
Section 87KAA:
Omit " Merit Protection (Australian Government Employees) Act 1984",
substitute "Merit Protection Act".
Paragraph 97 (1) (l):
Omit the paragraph.
Public Service Legislation (Streamlining) Act 1986 Subsection 33 (3):
(a) Insert "(otherwise than for the purposes of the Superannuation Act
1976 )" after "deemed" (second occurring).
(b) Insert "on and from that day" after "appointed to the Service".
After subsection 33 (3):
Insert the following subsection:
"(4) For the purposes of the Superannuation Act 1976, a person referred to in
subsection (3) of this section (other than a person who, immediately before
the commencement of this section, was an eligible employee within the meaning
of that Act) shall be deemed to have been appointed to the Service on the
commencement of this section.".
Quarantine Act 1908 Section 46:
(a) Omit "installation or persons", substitute ", installation or person".
(b) Omit "such vessel installation and persons", substitute "the vessel,
installation or person, as the case may be,".
Subsection 70A (4):
Add at the end the following definition:
" 'oversea vessel' includes a vessel that voyages or plys to or from a place
in Australia that is in the Protected Zone.".
Removal of Prisoners (Australian Capital Territory) Act 1968 Subsection 3 (1)
(definition of "constable"):
Add at the end "and, in section 5B, includes a member of the police force of a
State or Territory".
Subsection 3 (1) (definition of "magistrate"):
Add at the end "and, in section 5B, includes:
(a) a Chief, Police, Stipendiary, Resident or Special Magistrate of a
State or Territory (other than the Australian Capital Territory or
Jervis Bay Territory); or
(b) any other Magistrate of a State or Territory (other than the
Australian Capital Territory or Jervis Bay Territory) in respect of
whose office an annual salary is payable".
After section 5A:
Insert the following section: Arrest of prisoner unlawfully at large
"5B. (1) A constable may, without warrant, apprehend a person whom the
constable, with reasonable cause, suspects is a prisoner unlawfully at large.
"(2) The constable shall forthwith take the person before a magistrate.
"(3) If the magistrate is satisfied that the person is a prisoner unlawfully
at large, the magistrate may issue a warrant:
(a) authorising any constable to convey the person to a prison specified
in the warrant; and
(b) directing that the person, having been conveyed to that prison in
accordance with the warrant, be detained in prison to undergo the term
of imprisonment or other detention that the person is required by law
to undergo.
"(4) In this section, 'prisoner unlawfully at large' means a person who is at
large (otherwise than by reason of having escaped from lawful custody) at a
time when the person is required by law to be in custody for an offence
against a law as in force in the Territory.".
Removal of Prisoners (Territories) Act 1923 After section 7:
Insert the following sections: Sentence ceases to run while escaped prisoner
at large
"7A. A person who commits an offence against subsection 7 (2) by escaping
shall, upon being returned to lawful custody, undergo, in addition to any
punishment imposed for that offence, the punishment that the person would have
undergone if the person had not escaped.
Arrest of prisoner unlawfully at large
"7B. (1) A constable may, without warrant, apprehend a person whom the
constable, with reasonable cause, suspects is a prisoner unlawfully at large.
"(2) The constable shall forthwith take the person before a Magistrate.
"(3) If the Magistrate is satisfied that the person is a prisoner unlawfully
at large, the Magistrate may issue a warrant:
(a) authorising any constable to convey the person to a prison specified
in the warrant; and
(b) directing that the person, having been conveyed to that prison in
accordance with the warrant, be detained in prison to undergo the term
of imprisonment or other detention that the person is required by law
to undergo.
"(4) In this section, 'prisoner unlawfully at large' means a person who is at
large (otherwise than by reason of having escaped from lawful custody) at a
time when the person is required by law to be in custody pursuant to this Act
or a warrant issued pursuant to this Act.".
Shipping Registration Act 1981 Subsection 3 (1) (definition of "owner"):
Omit "and 30", substitute ", 30 and 58".
Subsection 12 (3):
Insert ", in respect of each day on which the ship remains unregistered
(including the day of a conviction for an offence against this subsection or
any subsequent day)," after "the ship is".
Section 62 (definition of "unregistered ship"):
Omit the definition.
Subsections 68 (1) and (3):
Omit "entitled to be registered".
Subsection 69 (1):
Omit "entitled to be registered".
Subsection 74 (1):
(a) Omit "or fails to comply with".
(b) Omit "64 (2), 65 (5) or 66 (1) or", substitute "65 (5) or 66".
After subsection 74 (1):
Insert the following subsection:
"(1A) A person who contravenes subsection 64 (2) or 66 (1) is, in respect of
each day on which the person contravenes the subsection (including the day of
a conviction for an offence against this subsection or any subsequent day),
guilty of an offence.".
Subsection 74 (2):
Insert ", or arising out of a contravention of," after "against".
Subsection 74 (4):
Omit the subsection, substitute the following subsections:
"(4) An offence against subsection 12 (3) is punishable on conviction:
(a) if the offender is a natural person-by a fine not exceeding $1,000; or
(b) if the offender is a body corporate-by a fine not exceeding $2,000.
"(4A) An offence against section 25, 32 or 33 or subsection 73 (1) is an
indictable offence and, subject to subsection 75 (3), is punishable on
conviction:
(a) if the offender is a natural person-by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both; or
(b) if the offender is a body corporate-by a fine not exceeding $20,000.
"(4B) An offence against subsection 64 (2) or 66 (1) is punishable on
conviction:
(a) if the offender is a natural person-by a fine not exceeding $500; or
(b) if the offender is a body corporate-by a fine not exceeding $1,000.".
Subsections 75 (1) and (2):
Omit "74 (4)", substitute "74 (4A)".
Paragraph 75 (3) (a):
Omit the paragraph, substitute the following paragraph:
"(a) if the offender is a natural person-a fine not exceeding $2,000 or
imprisonment for a period not exceeding 12 months, or both; or".
Social Security and Repatriation Legislation Amendment Act 1984 Paragraph 86
(a):
Omit "service", substitute "services".
South Pacific Nuclear Free Zone Treaty Act 1986 Subsection 4 (1) (definitions
of "identity card" and "inspector"):
Omit "1986", substitute "1987".
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 Subsection 2 (23):
Omit the subsection, substitute the following subsection:
"(23) The amendment of subsection 47A (1) of the Shipping Registration Act
1981 made by this Act shall be deemed to have come into operation on 1 October
1985.".
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 The part of Schedule 1
that amends subsection 20 (5) of the Australian Institute of Marine Science
Act 1972 :
Omit "three", substitute "3".
Student Assistance Act 1973 Section 31A:
Add at the end the following subsection:
"(2) For the purposes of paragraph (1) (b), a person to whom a grant of
Education Assistance has been approved under Part III shall be deemed to be
receiving or to be entitled to receive, as the case requires, benefit payable
under student assistance notwithstanding that a determination under section 32
directs that that benefit be paid to another person.".
Subsection 32 (1):
Insert ", in writing" after "determines".
Superannuation Legislation Amendment Act (No. 2) 1986 Paragraph 30 (2) (b):
(a) Omit "years" (first occurring).
(b) Omit "8" (first occurring), substitute "8,".
Taxation Laws Amendment Act (No. 2) 1986 Section 9:
Omit "(5) (b)", substitute "(5) (c)".
Trade Practices Act 1974 After section 66:
Insert the following section: Convention on Contracts for the International
Sale of Goods
"66A. The provisions of the United Nations Convention on Contracts for the
International Sale of Goods, adopted at Vienna, Austria, on 10 April 1980,
prevail over the provisions of this Division to the extent of any
inconsistency.".
Wheat Tax Act 1957 Subsection 5 (2):
Omit "Australian Wheatgrowers' Federation", substitute "Grains Council of
Australia or, if another organisation is prescribed for the purposes of this
subsection, the other organisation".
Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1986
Paragraph 22 (f):
(a) Omit "a" (first occurring), substitute "A".
(b) Omit "subject", substitute "Subject".
Wine Grapes Levy Collection Act 1979 Subsection 9 (5):
Omit "$1,000", substitute "$1,000 or imprisonment for 6 months, or both".
Subsection 10 (1):
Omit "Penalty: $500.", substitute the following:
"Penalty:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months,
or both; or
(b) in the case of a body corporate-$5,000.".
Subsections 10 (2), (3) and (4):
Omit the subsections, substitute the following subsection:
"(2) A person is not excused from furnishing a return or information that the
person is required under this Act or the regulations to furnish on the ground
that the return or information might tend to incriminate the person, but any
such return or information that is furnished, and any information or thing
(including any document) obtained as a direct or indirect consequence of the
furnishing of the return or information, is not admissible in evidence against
the person in:
(a) criminal proceedings other than proceedings for an offence against
subsection (1) or (5); or
(b) proceedings for the recovery of a penalty payable under section 5.".
Subsection 10 (5):
Omit "Penalty: $500.", substitute the following:
"Penalty:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months,
or both; or
(b) in the case of a body corporate-$5,000.".
Subsection 10 (6):
Omit the subsection, substitute the following subsection:
"(6) A prosecution for an offence against subsection (1) or (5) may be
commenced at any time within 3 years after the commission of the offence.".
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