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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1985No. 193, 1985 - SCHEDULE 1
SCHEDULE 1 Section 3
AMENDMENTS OF ACTS
Aboriginal Councils and Associations Act 1976 Sub-section 64 (5) -
Omit the sub-section.
Acts Interpretation Act 1901 Section 22 -
Add at the end the following sub-section:
"(3) In any Act, unless the contrary intention appears, a reference to the law
of the Commonwealth or to a law of the Commonwealth does not include, and
shall be deemed never to have included, a reference to a law in force in a
Territory in so far as the law is so in force by virtue of an Act providing
for the acceptance, administration or government of that Territory.".
Paragraph 27 (a) -
Insert "and presentment" after "information".
Administrative Appeals Tribunal Act 1975 Paragraph 66 (1) (c) -
Before "paragraph 36 (1) (a)", insert "in".
Amendments Incorporation Act 1905 Sub-section 2 (1) -
Add at the end "by all such amendments (in this section referred to as the
'relevant amendments') as were made before a day specified in the reprint".
Sub-section 2 (2) -
Before "amendment" insert "relevant".
Section 3 -
Add at the end "before a day specified in the reprint".
Australian Institute of Multicultural Affairs Act 1979 Paragraph 22 (2) (a) -
Omit "less than 6", substitute "fewer than 9".
Australian Tourist Commission Act 1967 Section 4 (definition of "member") -
Insert ", and includes the Managing Director" after "Commission".
Section 4 (definition of "the General Manager") -
Omit the definition, substitute the following definition:
"'the Managing Director' means the Managing Director of the Commission.".
Sub-sections 6 (1) and (2) -
Omit the sub-sections, substitute the following sub-section:
"(1) The Commission shall consist of -
(a) 12 members appointed by the Governor-General; and
(b) the Managing Director.".
Sub-section 6 (3) -
Insert "referred to in paragraph (1) (a)" after "members".
Sub-section 6 (4) -
(a) Insert "referred to in paragraph (1) (a)" after "members".
(b) Omit "the Capital Territory", substitute "Territories".
Sub-section 6 (7) -
Insert "referred to in paragraph (1) (a)" after "member".
Sub-section 6 (8) -
Insert "referred to in paragraph (1) (a)" after "member" (first occurring).
Sub-section 6 (9) -
Insert "referred to in paragraph (1) (a)" after "member".
Sub-section 6 (10) -
Insert "referred to in paragraph (1) (a)" after "member".
Sub-section 7 (1) -
Insert "referred to in paragraph 6 (1) (a)" after "members".
Sub-section 8 (1) -
Omit the sub-section, substitute the following sub-section:
"(1) The Minister shall appoint one of the members referred to in paragraph 6
(1) (a) to be the Deputy Chairman of the Commission.".
Sub-section 8 (2) -
Omit "re-election", substitute "re-appointment".
Sub-section 8 (3) -
Omit "Chairman" (last occurring), substitute "Minister".
Sub-section 10 (1) -
(a) Insert "referred to in paragraph 6 (1) (a)" after "member" (first
occurring).
(b) Omit "the membership of the Commission", substitute "the office of a
member referred to in paragraph 6 (1) (a)".
Section 11 -
Insert "referred to in paragraph 6 (1) (a)" after "member".
Sub-section 12 (1) -
Insert "referred to in paragraph 6 (1) (a)" after "member".
Sub-section 12 (2) -
Insert "referred to in paragraph 6 (1) (a)" after "member" (first occurring).
Sub-section 12A (2) -
Omit the sub-section, substitute the following sub-section:
"(2) A disclosure under sub-section (1) shall be recorded in the minutes of
the meeting of the Commission and the member shall not -
(a) be present during any deliberation of the Commission with respect to
that matter; or
(b) take part in any decision of the Commission with respect to that
matter.".
Sub-sections 13 (1) and (1A) -
Insert "referred to in paragraph 6 (1) (a)" after "member".
Section 18 -
Omit "General Manager" (wherever occurring), substitute "Managing Director".
Bankruptcy Act 1966 After section 17A -
Insert the following section: Functions of Registrar may be exercised by
certain officials
"17AA. <(1) The Registrar of the Federal Court of Australia may exercise all the
powers, and shall perform all the functions, of a Registrar under this
Act or any other law of the Commonwealth.
"(2) A Deputy Registrar of the Federal Court of Australia may exercise all the
powers, and may perform all the functions, of a Registrar under this Act or
any other law of the Commonwealth.
"(3) A power or function conferred or imposed on a Registrar by this Act, when
exercised or performed by the Registrar of the Federal Court of Australia or
by a Deputy Registrar of the Federal Court of Australia, shall, for all
purposes, be deemed to have been exercised or performed by the Registrar.".
Section 41 -
After sub-section (2), insert the following sub-sections:
"(2A) Where the judgment debt or sum ordered to be paid in accordance with the
judgment or order is expressed by the judgment or order as an amount in the
currency of a foreign country (in this sub-section referred to as the 'amount
of foreign currency'), the bankruptcy notice shall state that payment is to be
made in either -
(a) the amount of foreign currency; or
(b) a specified amount of Australian dollars, being an amount that is the
equivalent in Australian dollars of the amount of foreign currency on
the second business day before the day on which application was made
for the issue of the bankruptcy notice.
"(2B) The rate for ascertaining on a particular day for the purposes of
paragraph (2A) (b) the equivalent in Australian dollars of an amount of
foreign currency is the average of the rates at which Australian dollars may
be bought in that foreign currency at -
(a) 11 o'clock in the morning; or
(b) if another time is prescribed for the purposes of this sub-section -
that other time, on that day from 3 authorised foreign exchange
dealers selected by the creditor who applied for the issue of the
bankruptcy notice.
"(2C) In this section -
'authorised foreign exchange dealer' means a person authorised by a general
authority issued by the Reserve Bank of Australia under regulation 38A of the
Banking (Foreign Exchange) Regulations to buy and sell foreign currency;
'business day', in relation to an application for the issue of a bankruptcy
notice, means a day that is not a Saturday, a Sunday or a public holiday or
bank holiday in the place where the application is made.".
Sub-section 231 (4) -
Omit "(other than paragraph (1) (b))".
Sub-section 237 (4) -
Omit "(other than paragraph (1) (b))".
Sub-section 243 (3) -
Omit "(other than paragraph (1) (b))".
Banks (Shareholdings) Amendment Act 1985 Schedule -
Insert "to" after "himself or" in the amendment to paragraph 8 (6) (b).
Building Industry Act 1985 Sub-section 5 (4) -
Omit "Builders' Labourers", substitute "Builders Labourers'".
Commonwealth Electoral Act 1918 Sub-paragraph 93 (1) (b) (ii) -
Omit "British subjects (other than Australian citizens) whose names were,
immediately before the date fixed under sub-section 2 (5) of the
Statute Law (Miscellaneous Amendments) Act 1981 ", substitute "persons (other
than Australian citizens) who would, if the relevant citizenship law had
continued in force, be British subjects within the meaning of that relevant
citizenship law and whose names were, immediately before 26 January 1984".
After sub-section 93 (8) -
Insert the following sub-section:
"(8A) In sub-section (1), 'relevant citizenship law' means the Australian
Citizenship Act 1948 as amended and in force immediately before the day fixed
by Proclamation for the purposes of sub-section 2 (2) of the
Australian Citizenship Amendment Act 1984 and the regulations in force
immediately before that day under the Australian Citizenship Act 1948 as so
amended and in force.".
Companies Act 1981 After sub-section 3 (1) -
Insert the following sub-section:
"(1A) Notwithstanding sub-section (1) of this section, this Act shall not be
taken for the purposes of sub-section 22 (3) of the
Acts Interpretation Act 1901 to be an Act providing for the administration or
government of the Australian Capital Territory.".
Conciliation and Arbitration Act 1904 Sub-sections 12 (1), (2), (3), (3A) and
(4) -
Omit the sub-sections, substitute the following sub-section:
"(1) Where a person appointed as a Commissioner was, immediately before the
person's appointment, an officer of the Public Service of a State, the person
retains all the person's existing and accruing rights other than rights in
respect of superannuation.".
Sub-section 12 (6) -
Omit the sub-section.
After section 12 -
Insert the following section: Application of Judges' Pensions Act
"12A. <(1) Subject to sub-section (2), the Judges' Pensions Act 1968 does not apply
to or in respect of a Deputy President if -
(a) the Deputy President was appointed after the commencement of this
section and was, immediately before being appointed as a Deputy
President, an eligible employee for the purposes of the Superannuation
Act 1976; or
(b) the Deputy President was appointed before that commencement and,
immediately before that commencement, the first-mentioned Act did not,
by virtue of the relevant provision, apply to the Deputy President.
"(2) If a person was, immediately before being appointed as a Deputy President
(whether before or after the commencement of this section), an eligible
employee for the purposes of the Superannuation Act 1976, and the person
elects, within 3 months after being appointed as a Deputy President, by notice
in writing to the Minister, to cease to be an eligible employee for the
purposes of that Act, sub-section (1) does not apply, and shall be deemed not
to have applied, to the person, and the person shall be deemed to have ceased
to be such an eligible employee immediately before the person was appointed as
a Deputy President.
"(3) Where -
(a) a person makes an election in accordance with sub-section (2); and
(b) the person would, but for this sub-section, be entitled to a benefit
under Division 1, 2 or 4 of Part V, or under Division 3 of Part IX, of
the Superannuation Act 1976, that Act applies in relation to the
person as if the person were not entitled to the benefit.
"(4) In sub-section (1), 'relevant provision' means sub-section 12 (4) of this
Act as in force immediately before the commencement of this section.".
Crimes Act 1914 Section 3B -
Add at the end the following sub-section:
"(2) In sections 18A and 20AB -
(a) a reference to a participating State is a reference to a State in
relation to which an arrangement is in force under sub-section (1) of
this section; and
(b) a reference to a participating Territory -
(i) is a reference to a Territory other than Norfolk Island; and
(ii) if an arrangement is in force under sub-section (1) of this
section in relation to Norfolk Island - includes a reference to
Norfolk Island.".
Paragraph 18A (1) (a) -
Before "the passing" insert ", in the case of a participating State or a
participating Territory,".
Section 18A -
After sub-section (1), insert the following sub-section:
"(1A) Where there is a law of a State or Territory with respect to the
enforcement or recovery of fines ordered to be paid by offenders (including a
law making provision for or in relation to a matter mentioned in paragraph (1)
(a), (b), (c) or (d)) that applies in relation to fines ordered to be paid by
offenders convicted by courts of summary jurisdiction -
(a) sub-section (1) operates to require that law to apply and be applied
to persons who are convicted of offences against laws of the
Commonwealth by the Federal Court of Australia in the same manner as
that law would apply and be applied if that Court were a court of
summary jurisdiction; and
(b) that sub-section does not operate in relation to any law of that State
or Territory that applies in relation to fines ordered to be paid by
offenders convicted by superior courts.".
Sub-section 20AB (1) -
Omit "a State or Territory", substitute "a participating State or a
participating Territory".
Crimes Amendment Act 1982 Section 2 -
After sub-section (1), insert the following sub-section:
"(1A) Sections 6, 8 and 9 shall come into operation on the day on which the
Statute Law (Miscellaneous Provisions) Act (No. <2) 1985 receives the Royal
Assent.".
Sub-section 6 (2) -
Omit the sub-section.
Crimes (Currency) Act 1981 Sub-section 2 (2) -
Omit the sub-section, substitute the following sub-section:
"(2) The remaining provisions of this Act shall come into operation on the day
on which the Statute Law (Miscellaneous Provisions) Act (No. <2) 1985 receives the Royal
Assent.".
After the definition of "counterfeit prescribed security" in sub-section 3 (1)
-
Insert the following definitions:
"'excepted counterfeit coin' means -
(a) any article, not being a genuine coin, that resembles, or is
apparently intended to resemble, or pass for, an excepted coin; or
(b) any article, being an excepted coin, that has been altered in a
material respect and in such manner as to conceal, or to be apparently
intended to conceal, the alteration, and includes any such article
whether or not it is in a fit state to be uttered and whether the
process of manufacture or alteration is or is not complete;
'excepted coin' means -
(a) a coin that was a current coin in Australia at any time before 14
February 1966; or
(b) a coin, other than a coin referred to in paragraph (a), that has been
a current coin in a country other than Australia (whether or not the
country concerned is still in existence) but is no longer a current
coin in any country;
'non-excepted counterfeit money' means counterfeit money other than an
excepted counterfeit coin;".
Section 8 -
Before "counterfeit money", insert "non-excepted".
Section 8 -
Before the penalty, insert the following sub-section:
"(2) A person shall not, with intent to defraud -
(a) buy, sell, receive or dispose of; or
(b) offer to buy, sell, procure or dispose of, an excepted counterfeit
coin.".
Paragraph 9 (1) (a) -
After "counterfeit money" (first occurring), insert "(not being an excepted
counterfeit coin)".
Sub-section 9 (1) -
Omit the penalty.
Section 9 -
Add at the end the following sub-section and penalty:
"(3) A person shall not, with intent to defraud, have in the possession of the
person an excepted counterfeit coin, knowing it to be counterfeit money.
Penalty -
(a) in the case of a person, not being a body corporate - imprisonment for
10 years; or
(b) in the case of a person, being a body corporate - $50,000.".
Sub-section 28 (1) -
Insert "non-excepted" before "counterfeit money" (first occurring).
Sub-section 28 (2) -
Insert "(not being an excepted counterfeit coin)" after "counterfeit coin".
Sub-section 29 (1) -
Omit "The following", substitute "Subject to section 29A, the following".
After section 29 -
Insert the following section: Excepted counterfeit coins not to be forfeited
"29A. Defence Act 1903 Sub-sections 124 (2A) and (2B) -
Omit the sub-sections, substitute the following sub-sections:
"(2A) Subject to sub-section (2B), the power to make regulations by virtue of
paragraph (1) (gc) includes the power to make regulations requiring a person
appearing as a witness before a court of inquiry or a board of inquiry to
answer a question notwithstanding that the answer to the question may tend to
incriminate the person.
"(2B) Sub-section (2A) does not authorise the making of a regulation
containing a requirement referred to in that sub-section where the answer to
the question may tend to incriminate the person in respect of an offence with
which the person has been charged and in respect of which the charge has not
been finally dealt with by a court or otherwise disposed of.
"(2C) A statement or disclosure made by a witness in the course of giving
evidence before a court of inquiry or a board of inquiry is not admissible in
evidence against that witness in -
(a) any civil or criminal proceedings in any federal court or court of a
State or Territory; or
(b) proceedings before a service tribunal, otherwise than in proceedings
by way of a prosecution for giving false testimony at the hearing
before the court of inquiry or the board of inquiry.".
Defence Force Discipline Act 1982 Section 68B -
Add at the end the following sub-section:
"(2) Rules made under sub-section 68 (2) or 68A (2) shall be deemed to be
rules within the meaning of the Statutory Rules Publication Act 1903 and, for
the purposes of the application of sub-section 5 (3B) of that Act to those
rules, the reference in that sub-section of that Act to the Minister of State
for Administrative Services shall be read as a reference to the Minister for
the time being administering this Act.".
Designs Act 1906 Sub-section 4 (1) (definition of "Convention country") -
Omit "Proclamation", substitute "regulation".
Sub-section 48 (1) -
Omit "by Proclamation, declare that a country specified in the Proclamation",
substitute "make regulations declaring that a country specified in the
regulations".
Sub-section 48 (2) -
Omit ", by Proclamation, declare", substitute "make regulations declaring".
Sub-section 48 (3) -
Omit ", by Proclamation, declares", substitute "makes regulations declaring".
Sub-section 48 (4) -
Omit ", by Proclamation, declares", substitute "makes regulations declaring".
Export Control (Miscellaneous Amendments) Act 1982 Part X -
Repeal the Part.
Part XI -
Repeal the Part.
Part XV -
Repeal the Part.
Part XVIII -
Repeal the Part.
Part XX -
Repeal the Part.
Extradition (Commonwealth Countries) Act 1966 Paragraph 4 (1A) (b) -
Omit the paragraph, substitute the following paragraph:
"(b) had a relevant act or omission by the person taken place, at the time
when the requisition was made, in, or within the jurisdiction of, the part of
Australia where the person was found, that act or omission would have
constituted an offence against the law in force in that part of Australia,
being an offence which -
(i) is described in the Schedule; or
(ii) would be so described if the description concerned contained a
reference to any intent or state of mind on the part of the
person committing the offence, or to any circumstance of
aggravation, necessary to constitute the offence, and the
maximum penalty for which is death or imprisonment for not less
than 12 months.".
After sub-section 4 (1A) -
Insert the following sub-section:
"(1B) the reference in paragraph (1A) (b) to a relevant act or omission by a
person is a reference to -
(a) an act or omission by the person -
(i) which is, in or in connection with the relevant requisition,
alleged to have taken place; or
(ii) of which evidence is produced in connection with the relevant
requisition; or
(b) any act or omission that is equivalent to an act or omission referred
to in paragraph (a).".
Sub-section 10 (3) -
Omit the sub-section.
Section 11 -
Omit "17 (2) or (2B)" (wherever occurring), substitute "17A (1) or (3)".
Sub-paragraph 15 (5B) (a) (ii) -
Omit the sub-paragraph, substitute the following sub-paragraph:
"(ii) the person will be committed to prison and will not be entitled to apply
under section 17 for a review of the validity of the decision to commit the
person to prison; and".
Sub-section 15 (6) -
Omit all the words after paragraph (c), substitute -
", the Magistrate shall either -
(d) by warrant in accordance with the form prescribed for the purposes of
this sub-section, commit the person to prison to await the warrant of
the Attorney-General for the surrender of the person; or
(e) in the case of a person -
(i) who has been charged with an offence that is alleged to have
been committed in Australia, being a charge that has not been
disposed of; or
(ii) who has been convicted in Australia of an offence and is not in
custody in respect of that offence,
on the person's entering into such recognizances as the Magistrate thinks
appropriate, grant bail to the person pending the signing of a warrant by
the Attorney-General for the surrender of the person, but otherwise the
Magistrate shall order that the person be released.".
Sub-section 15 (8) -
After "custody", insert "or grants bail to a person".
Section 16 -
Omit "a writ of habeas corpus", substitute "a review of the validity of the
decision of the Magistrate".
Sub-sections 16A (5) and (6) -
Omit the sub-sections, substitute the following sub-section:
"(5) Upon a review of the order, the Court shall have regard only to the
evidence that was before the Magistrate.".
Section 17 -
Repeal the section, substitute the following sections: Application by fugitive
for review of Magistrate's decision
"17. <(1) Where a person (in this section referred to as a 'fugitive') is
committed to prison or otherwise ordered to be held in custody, or is
granted bail, by a Magistrate pursuant to section 15, the fugitive may, within
the period of 15 days after the date of the decision of the Magistrate, apply
to the Federal Court, or to the Supreme Court of the State or Territory in
which the Magistrate was sitting, for a review of the validity of the decision
of the Magistrate.
"(2) The fugitive is not entitled to make an application under sub-section (1)
after the expiration of the period referred to in that sub-section.
"(3) Upon a review under sub-section (1), the Court shall have regard only to
the evidence given in the proceedings before the Magistrate and shall -
(a) if satisfied that the decision of the Magistrate was valid - make an
order confirming the decision; or
(b) if not so satisfied - order that the fugitive be released.
"(4) An appeal lies to the Full Court of the Federal Court from an order made
on an application by the fugitive under sub-section (1) if the appeal is
instituted within 15 days after the date of the decision of the Federal Court
or the Supreme Court in relation to the application.
"(5) In an appeal under sub-section (4), the Full Court shall have regard only
to the evidence to which regard could be had by the Court that made the order
from which the appeal was instituted.
"(6) Except as provided by sub-section (4), an appeal does not lie from an
order referred to in that sub-section.
"(7) A Magistrate shall, when committing a fugitive to prison or otherwise
ordering that a fugitive be held in custody, or when granting bail to a
fugitive, pursuant to this Part, inform the fugitive that the fugitive will
not be surrendered until after the expiration of the period referred to in
sub-section (1) and that the fugitive may make an application to a Court as
provided by that sub-section.
"(8) This section does not apply in relation to a person committed to prison
under paragraph 15 (5B) (b).
Surrender of fugitive
"17A. <(1) Where the period applicable under sub-section 17 (1) in relation to a
person (in this section referred to as a 'fugitive') has expired and -
(a) the fugitive did not make an application under that sub-section within
that period; or
(b) the fugitive made an application under that sub-section within that
period and the Court to which the application was made, or, where an
appeal was brought from the decision of that Court to the Full Court
of the Federal Court, the Full Court, has refused to order that the
fugitive be released, and the period of 15 days after the date of the
decision of the first-mentioned Court or the Full Court of the Federal
Court, as the case may be, has expired, the Attorney-General may -
(c) if satisfied that the fugitive is liable to be surrendered to the
declared Commonwealth country that made the requisition for the
surrender of the fugitive; and
(d) unless of the opinion that -
(i) the offence to which the requisition for the surrender relates
is, or is by reason of the circumstances in which it is alleged
to have been committed or
(ii) the requisition for the surrender has in fact been made with a
view to try or punish the fugitive for an offence of a
political character, by warrant in accordance with the
appropriate form prescribed for the purposes of this
sub-section, order that a person specified in the warrant take
the fugitive into custody and convey the fugitive to a place in
that country or within the jurisdiction of, or of a part of,
that country and there surrender the fugitive to a person
appointed by that country to receive the fugitive.
"(2) Sub-section (1) does not apply in relation to a person committed to
prison under paragraph 15 (5B) (b).
"(3) Where a Magistrate-
(a) pursuant to paragraph 15 (5B) (b), commits a person (in this section
referred to as a 'volunteer prisoner') to prison; or
(b) pursuant to sub-section 15 (7), orders that a person (in this section
also referred to as a 'volunteer prisoner') who could be committed to
prison under paragraph 15 (5B) (b) be held in custody, to await the
warrant of the Attorney-General for the surrender of the volunteer
prisoner to a declared Commonwealth country, the Attorney-General may-
(c) if satisfied that the volunteer prisoner is liable to be surrendered
to the declared Commonwealth country; and
(d) unless of the opinion that-
(i) the offence to which the requisition for the surrender relates
is, or is by reason of the circumstances in which it is alleged
to have been committed or was committed, an offence of a
political character; or
(ii) the requisition for the surrender has in fact been made with a
view to try or punish the volunteer prisoner for an offence of
a political character, by warrant in accordance with the
appropriate form prescribed for the purposes of this
sub-section, order that a person specified in the warrant take
the volunteer prisoner into custody and convey the volunteer
prisoner to a place in that country or within the jurisdiction
of, or of a part of, that country and there surrender the
volunteer prisoner to a person appointed by that country to
receive the volunteer prisoner.
"(4) Where a person who is a fugitive referred to in sub-section (1) or a
volunteer prisoner referred to in sub-section (3) is in custody-
(a) in respect of an offence that is alleged to have been committed in
Australia; or
(b) by reason of a conviction in Australia for an offence, the
Attorney-General shall not make an order under the relevant
sub-section in relation to the person until the person has been
released from custody otherwise than by being granted bail.
"(5) Where an order has been made granting bail to a person who is a fugitive
referred to in sub-section (1) or a volunteer prisoner referred to in
sub-section (3), being bail granted-
(a) in respect of an offence that is alleged to have been committed in
Australia; or
(b) in respect of an offence of which the person has been convicted in
Australia, the Attorney-General shall not make an order under the
relevant sub-section in relation to the person until the recognizances
upon which the person was so granted bail have been discharged.
"(6) Where a person referred to in sub-section (5) is in custody pursuant to
this Act, the Federal Court, or the Supreme Court of the State or Territory in
which the person is held in custody, may order the release on bail of the
person on such terms and conditions as the Court thinks fit.
"(7) A warrant issued pursuant to sub-section (1) or (3) may be executed
according to its tenor.
"(8) If a person escapes from the custody of a person executing a warrant
referred to in sub-section (7) in or to a State or Territory, the person may
be apprehended in the same manner as a person accused of an offence against
the law in force in that State or Territory may be apprehended after an escape
from lawful custody.
"(9) Any article, including a sum of money, that may be material as evidence
in proving the offence to which the requisition for the surrender of a
fugitive or volunteer prisoner relates or that has been acquired by him or her
as a result of the offence shall, if the Attorney-General so directs, be
delivered up to the declared Commonwealth country that made the requisition.
"(10) If a fugitive or volunteer prisoner cannot be surrended by reason of his
or her having died or escaped from custody, any article referred to in
sub-section (9) shall, if the Attorney-General so directs, be delivered up to
the declared Commonwealth country.
"(11) If, at any time after a fugitive or volunteer prisoner has been
committed to prison or otherwise ordered to be held in custody, or has been
released on bail, under this Part pending the signing of a warrant by the
Attorney-General for the surrender of the fugitive or volunteer prisoner to a
declared Commonwealth country, the Attorney- General decides not to sign such
a warrant, the Attorney-General shall, by order in writing, direct that the
fugitive or volunteer prisoner be released or that the recognizances upon
which the fugitive or volunteer prisoner was admitted to bail be discharged,
as the case may be, but any such order does not affect any order made in
respect of, or recognizances entered into by, the fugitive or volunteer
prisoner otherwise than pursuant to this Act.".
Paragraph 18 (b)-
Omit "a writ of habeas corpus", substitute "a review of the validity of the
decision to commit the person to prison or otherwise hold the person in
custody".
Section 18-
Add at the end the following sub-section:
"(2) A Court shall not order the release of a person under sub-section (1) if
the Attorney-General is precluded by sub-section 17A (4) or (5) from making an
order in respect of the person under sub-section 17 (1) or (3).".
Section 32-
After "17,", insert "17A,".
Extradition (Foreign States) Act 1966 Paragraph 4 (1A) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) had a relevant act or omission by the person taken place, at the time
when the requisition was made, in, or within the jurisdiction of, the part of
Australia where the person was found, that act or omission would have
constituted an offence against the law in force in that part of Australia the
maximum penalty for which is death or imprisonment for not less than 12
months.".
After sub-section 4 (1A)-
Insert the following sub-section:
"(1B) The reference in paragraph (1A) (b) to a relevant act or omission by a
person is a reference to-
(a) an act or omission by the person-
(i) which is, in or in connection with the relevant requisition,
alleged to have taken place; or
(ii) of which evidence is produced in connection with the relevant
requisition; or
(b) any act or omission that is equivalent to an act or omission referred
to in paragraph (a).".
Sub-section 4 (8)-
Omit "if a similar act or omission by an Australian citizen that took place
outside Australia would be an offence against a law of the Commonwealth".
Sub-section 13 (3)-
Omit the sub-section.
Section 14-
Omit "18 (2) or (2B)", substitute "18A (1) or (3)".
Sub-paragraph 17 (5B) (a) (ii)-
Omit the sub-paragraph, substitute the following sub-paragraph:
"(ii) the person will be committed to prison and will not be entitled to apply
under section 18 for a review of the validity of the decision to commit the
person to prison; and".
Sub-section 17 (6)-
Omit all the words after paragraph (b), substitute-
", the Magistrate shall either-
(c) by warrant in accordance with the form prescribed for the purposes of
this sub-section, commit the person to prison to await the warrant of
the Attorney-General for the surrender of the person; or
(d) in the case of a person-
(i) who has been charged with an offence that is alleged to have
been committed in Australia, being a charge that has not been
disposed of; or
(ii) who has been convicted in Australia of an offence and is not in
custody in respect of that offence, on the person's entering
into such recognizances as the Magistrate thinks
appropriate, grant bail to the person pending the signing of a warrant by the
Attorney-General for the surrender of the person, but otherwise the Magistrate
shall order that the person be released.".
Sub-section 17 (8)-
After "custody", insert "or grants bail to a person".
Sub-sections 17A (5) and (6)-
Omit the sub-sections, substitute the following sub-section:
"(5) Upon a review of the order, the Court shall have regard only to the
material that was before the Magistrate.".
Section 18-
Repeal the section, substitute the following sections: Application by fugitive
for review of Magistrate's decision
"18. <(1) Where a person (in this section referred to as a 'fugitive') is committed to
prison or otherwise ordered to be held in custody, or is granted bail,
by a Magistrate pursuant to section 17, the fugitive may, within the period of
15 days after the date of the decision of the Magistrate, apply to the Federal
Court, or to the Supreme Court of the State or Territory in which the
Magistrate was sitting, for a review of the validity of the decision of the
Magistrate.
"(2) The fugitive is not entitled to make an application under sub-section (1)
after the expiration of the period referred to in that sub-section.
"(3) Upon a review under sub-section (1), the Court shall have regard only to
the material that was before the Magistrate and shall-
(a) if satisfied that the decision of the Magistrate was valid - make an
order confirming the decision; or
(b) if not so satisfied - order that the fugitive be released.
"(4) An appeal lies to the Full Court of the Federal Court from an order made
on an application by the fugitive under sub-section (1) if the appeal is
instituted within 15 days after the date of the decision of the Federal Court
or the Supreme Court in relation to the application.
"(5) In an appeal under sub-section (4), the Full Court shall have regard only
to the material to which regard could be had by the Court that made the order
from which the appeal was instituted.
"(6) Except as provided by sub-section (4), an appeal does not lie from an
order referred to in that sub-section.
"(7) A Magistrate shall, when committing a fugitive to prison or otherwise
ordering that a fugitive be held in custody, or when granting bail to a
fugitive, pursuant to section 17, inform the fugitive that the fugitive will
not be surrendered until after the expiration of the period referred to in
sub-section (1) and that the fugitive may make an application to a Court as
provided by that sub-section.
"(8) This section does not apply in relation to a person committed to prison
under paragraph 17 (5B) (b).
Surrender of fugitive
"18A. <(1) Where the period applicable under sub-section 18 (1) in relation to a
person (in this section referred to as a 'fugitive') has expired and-
(a) the fugitive did not make an application under that sub-section within
that period; or
(b) the fugitive made an application under that sub-section within that
period and the Court to which the application was made, or, where an
appeal was brought from the decision of that Court to the Full Court
of the Federal Court, the Full Court, has refused to order that the
fugitive be released, and the period of 15 days after the date of the
decision of the first-mentioned Court or the Full Court of the Federal
Court, as the case may be, has expired, the Attorney-General may-
(c) if satisfied that the fugitive is liable to be surrendered to the
foreign state that made the requisition for the surrender of the
fugitive; and
(d) unless of the opinion that-
(i) the offence to which the requisition for the surrender relates
is, or is by reason of the circumstances in which it is alleged
to have been committed or was committed, an offence of a
political character; or
(ii) the requisition for the surrender has in fact been made with a
view to try or punish the fugitive for an offence of a
political character, by warrant in accordance with the
appropriate form prescribed for the purposes of this
sub-section, order that a person specified in the warrant take
the fugitive into custody and convey the fugitive to a place in
that foreign state or within the jurisdiction of, or of a part
of, that foreign state and there surrender the fugitive to a
person appointed by that foreign state to receive the fugitive.
"(2) Sub-section (1) does not apply in relation to a person committed to
prison under paragraph 17 (5B) (b).
"(3) Where a Magistrate-
(a) pursuant to paragraph 17 (5B) (b), commits a person (in this section
referred to as a 'volunteer prisoner') to prison; or
(b) pursuant to sub-section 17 (7), orders that a person (in this section
also referred to as a 'volunteer prisoner') who could be committed to
prison under paragraph 17 (5B) (b) be held in custody, to await the
warrant of the Attorney-General for the surrender of the volunteer
prisoner to a foreign state, the Attorney-General may-
(c) if satisfied that the volunteer prisoner is liable to be surrendered
to the foreign state; and
(d) unless of the opinion that-
(i) the offence to which the requisition for the surrender relates
is, or is by reason of the circumstances in which it is alleged
to have been committed or was committed, an offence of a
political character; or
(ii) the requisition for the surrender has in fact been made with a
view to try or punish the volunteer prisoner for an offence of
a political character, by warrant in accordance with the
appropriate form prescribed for the purposes of this
sub-section, order that a person specified in the warrant take
the volunteer prisoner into custody and convey the volunteer
prisoner to a place in that foreign state or within the
jurisdiction of, or of a part of, that foreign state and there
surrender the volunteer prisoner to a person appointed by that
foreign state to receive the volunteer prisoner.
"(4) Where a person who is a fugitive referred to in sub-section (1) or a
volunteer prisoner referred to in sub-section (3) is in custody-
(a) in respect of an offence that is alleged to have been committed in
Australia; or
(b) by reason of a conviction in Australia for an offence, the
Attorney-General shall not make an order under the relevant
sub-section in relation to the person until the person has been
released from custody otherwise than by being granted bail.
"(5) Where an order has been made granting bail to a person who is a fugitive
referred to in sub-section (1) or a volunteer prisoner referred to in
subsection (3), being bail granted-
(a) in respect of an offence that is alleged to have been committed in
Australia; or
(b) in respect of an offence of which the person has been convicted in
Australia, the Attorney-General shall not make an order under the
relevant sub-section in relation to the person until the recognizances
upon which the person was so granted bail have been discharged.
"(6) Where a person referred to in sub-section (5) is in custody pursuant to
this Act, the Federal Court, or the Supreme Court of the State or Territory in
which the person is held in custody, may order the release on bail of the
person on such terms and conditions as the Court thinks fit.
"(7) A warrant issued pursuant to sub-section (1) or (3) may be executed
according to its tenor.
"(8) If a person escapes from the custody of a person executing a warrant
referred to in sub-section (7) in or to a State or Territory, the person may
be apprehended in the same manner as a person accused of an offence against
the law in force in that State or Territory may be apprehended after an escape
from lawful custody.
"(9) Any article, including a sum of money, that may be material as evidence
in proving the offence to which the requisition for the surrender of a
fugitive or volunteer prisoner relates or that has been acquired by him or her
as a result of the offence shall, if the Attorney-General so directs, be
delivered up to the foreign state that made the requisition.
"(10) If a fugitive or volunteer prisoner cannot be surrendered by reason of
his or her having died or escaped from custody, any article referred to in
sub-section (9) shall, if the Attorney-General so directs, be delivered up to
the foreign state.
"(11) If, at any time after a fugitive or volunteer prisoner has been
committed to prison or otherwise ordered to be held in custody, or has been
released on bail, under this Part pending the signing of a warrant by the
Attorney-General for the surrender of the fugitive or volunteer prisoner to a
foreign state, the Attorney-General decides not to sign such a warrant, the
Attorney-General shall, by order in writing, direct that the fugitive or
volunteer prisoner be released or that the recognizances upon which the
fugitive or volunteer prisoner was admitted to bail be discharged, as the case
may be, but any such order does not affect any order made in respect of, or
recognizances entered into by, the fugitive or volunteer prisoner otherwise
than pursuant to this Act.".
Paragraph 19 (b)-
Omit "a writ of habeas corpus", substitute "a review of the validity of the
decision to commit the person to prison or otherwise hold the person in
custody".
Section 19-
Add at the end the following sub-section:
"(2) A Court shall not order the release of a person under sub-section (1) if
the Attorney-General is precluded by sub-section 18A (4) or (5) from making an
order in respect of the person under sub-section 18 (1) or (3).".
Section 24A-
After "18", insert ", 18A".
Family Law Act 1975 Section 37A-
Repeal the section, substitute the following section: Delegation of powers to
Registrars
"37A. <(1) The Judges, or a majority of them, may, subject to sub-section (2), make
Rules of Court delegating to the Registrars all or any of the powers of
the Court, including, without limiting the generality of the foregoing, all or
any of the following powers of the Court:
(a) the power to dispense with the service of any process under this Act;
(b) the power to make orders in relation to substituted service;
(c) the power, in proceedings under this Act, to make orders in relation
to discovery, inspection and production of documents in the
possession, power or custody of a party to the proceedings or of any
other person;
(d) the power, in proceedings under this Act, to direct a party to the
proceedings to answer particular questions;
(e) the power to direct the parties to proceedings under this Act to
attend conferences conducted by court counsellors or welfare officers;
(f) the power, in proceedings under this Act, to make- (i) an order under
section 77; or (ii) an order for the payment of maintenance pending
the disposal of the proceedings;
(g) the power to make, in proceedings under this Act, an order the terms
of have been agreed upon by all the parties to the proceedings;
(h) the power, in proceedings under this Act, to make an order adjourning
the hearing of the proceedings;
(j) the power under section 117 to make an order as to costs;
(k) the power to make orders (including an order for garnishment, seizure
of property or sequestration) for the enforcement of maintenance
orders;
(m) the power to make an order exempting a party to proceedings under this
Act from compliance with a provision of the regulations or Rules of
Court.
"(2) The powers of the Court that may be delegated under sub-section (1) do
not include the power to make-
(a) a decree of dissolution of marriage or nullity of marriage;
(b) a declaration as to the validity of a marriage or of the dissolution
or annulment of a marriage; or
(c) an order approving a maintenance agreement under section 87.
"(3) A power delegated by Rules of Court under sub-section (1), when exercised
by a Registrar, shall, for all purposes, be deemed to have been exercised by
the Court or a Judge, as the case requires.
"(4) The delegation of a power by Rules of Court under sub-section (1) does
not prevent the exercise of the power by the Court or a Judge.
"(5) If the power referred to in paragraph (1) (f) is delegated under
subsection (1), a Registrar shall not exercise the power on application by a
party to proceedings under this Act unless-
(a) the other party to the proceedings appears at the hearing of the
application; or
(b) the Registrar is satisfied that notice of the intention of the
firstmentioned party to make the application has been served on the
other party.
"(6) If the power referred to in paragraph (1) (j) is delegated under
subsection (1), a Registrar shall not exercise the power except in relation to
costs of or in connection with an application heard by a Registrar.
"(7) The provisions of this Act, the regulations and the Rules of Court that
relate to the exercise by the Court of a power that is, by virtue of a
delegation under subsection (1), exercisable by a Registrar apply in relation
to an exercise of the power by a Registrar under the delegation as if
references in those provisions to the Court or to a court exercising
jurisdiction under this Act were references to a Registrar.
"(8) Notwithstanding any other provision of this Act and any provision of the
Public Service Act 1922 or of any other law, a Registrar is not subject to the
direction or control of any person or body in relation to the manner in which
he or she exercises powers pursuant to a delegation under sub-section (1).
"(9) A party to proceedings in which a Registrar has exercised any of the
powers of the Court pursuant to a delegation under sub-section (1) may, within
the time prescribed by, or within such further time as is allowed in
accordance with, Rules of Court made by the Judges or a majority of them for
the purposes of this subsection, apply to the Court to review that exercise of
power.
"(10) The Court may, on application under sub-section (9) or of its own
motion, review an exercise of power by a Registrar pursuant to a delegation
under this section and may make such order or orders as it thinks fit with
respect to the matter with respect to which the power was exercised.
"(11) Where-
(a) an application for the exercise of a power delegated under sub-section
(1) is to be, or is being, heard by a Registrar; and
(b) the Registrar considers that it is not appropriate for the application
to be determined by a Registrar acting under the delegation, the
Registrar shall not hear, or continue to hear, the application and
shall make appropriate arrangements for the application to be heard by
the Court.
"(12) Where-
(a) a power delegated under sub-section (1) is proposed to be exercised in
a particular case by a Registrar; but
(b) the Registrar has not commenced to exercise the power in that case, a
Judge may, on application by a person who would be a party to the
proceedings before the Registrar in relation to the proposed exercise
of the power, order that the power be exercised in that case by a
Judge.
"(13) Where an application is made to a Judge under sub-section (12) seeking
an order that, in a particular case, a power be exercised by a Judge, the
Registrar shall not commence to exercise the power in that case until the
application has been determined.
"(14) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to Rules of Court made under this section as if references in those
sections of that Act to regulations were references to such Rules of Court.
"(15) In this section, 'Registrar' means the Principal Registrar, a Registrar
or a Deputy Registrar of the Court.".
Sub-section 37B (1)-
Omit "(other than a power referred to in sub-section 37A (1)), under the
regulations or under the Rules of Court", substitute ", under the regulations
or under the Rules of Court (other than a power delegated by Rules of Court
under sub-section 37A (1))".
Sub-section 37B (2)-
Omit "(including any power referred to in sub-section 37A (1)), under the
regulations or under the Rules of Court", substitute ", under the regulations
or under the Rules of Court (including a power delegated by Rules of Court
under sub-section 37A (1))".
Sub-section 37B (4)-
Omit "(other than a power under sub-section 37A (1)), under the regulations or
under the Rules of Court", substitute ", under the regulations or under the
Rules of Court (other than a power delegated by Rules of Court under
sub-section 37A (1))".
Paragraph 123 (1) (e)-
Omit the paragraph.
Federal Court of Australia Act 1976 Sub-section 32A (1)-
After "jurisdiction", insert ", and, to the extent that the Constitution
permits, jurisdiction is conferred on the Supreme Court of the Northern
Territory,".
Great Barrier Reef Marine Park Act 1975 Sub-section 66 (5)-
Omit "3", substitute "5".
Housing Loans Insurance Act 1965 Sub-section 43 (2)-
Omit "or a State", substitute ", of a State or of a Territory".
Insurance Contracts Act 1984 Sub-section 35 (2)-
Omit "policy document in relation to the contract", substitute "document
containing the provisions, or the relevant provisions, of the proposed
contract".
Law Reform Commission Act 1973 Section 3 (paragraph (c) of the definition of
"judicial office")-
Omit "Courts-Martial", substitute "Defence Force Discipline".
Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 Section 9
-
Repeal the section, substitute the following section: Offences relating to
returns, &c.
"9. <(1) A person shall not, without reasonable excuse, refuse or fail to furnish a
return or information that is required by or under this Act or the
regulations to be furnished.
"(2) A person is not excused from furnishing a return or information that the
person is required by or under this Act or the regulations to furnish on the
ground that the return or information might tend to incriminate the person,
but any return or information so furnished is not admissible in evidence
against the person in -
(a) criminal proceedings other than proceedings for an offence against
subsection (1) or (3); or
(b) proceedings for recovery of a penalty payable under section 8.
"(3) A person shall not knowingly present a document, make a statement, or
furnish a return, that is false or misleading in a material particular to a
person performing duties in relation to this Act.
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.".
Members of Parliament (Staff) Act 1984 Paragraph 16 (2) (a) -
Omit "or".
Paragraph 16 (2) (b) -
Omit the paragraph, substitute the following paragraphs:
"(b) in the case of a person employed by a Senator in respect of whom a
determination by the Prime Minister under section 12 is in force - the Senator
ceases to be a Senator or the determination is revoked; or
(c) in the case of a person employed by a Member of the House of
Representatives in respect of whom a determination by the Prime
Minister under section 12 is in force - the Member ceases to be a
Member of the House of Representatives or the determination is
revoked.".
After sub-section 16 (2) -
Insert the following sub-sections:
"(2A) For the purposes of paragraph (2) (b), a Senator shall be deemed not to
have ceased to be a Senator while he or she continues to be entitled to the
Parliamentary allowance that was payable to him or her as a Senator.
"(2B) For the purposes of paragraph (2) (c), a Member of the House of
Representatives shall be deemed not to have ceased to be such a Member while
he or she continues to be entitled to the Parliamentary allowance that was
payable to him or her as such a Member.".
After sub-section 23 (1) -
Insert the following sub-section:
"(1A) For the purposes of paragraph (1) (b) -
(a) a Senator shall be deemed not to have ceased to be a Senator while he
or she continues to be entitled to the Parliamentary allowance that
was payable to him or her as a Senator; and
(b) a Member of the House of Representatives shall be deemed not to have
ceased to be such a Member while he or she continues to be entitled to
the Parliamentary allowance that was payable to him or her as such a
Member.".
Merit Protection (Australian Government Employees) Act 1984 Sub-section 3 (2)
-
Omit "ancilliary", substitute "ancillary".
Sub-section 49 (2) -
Omit "continue to investigate", substitute "investigate further".
Section 49 -
Add at the end the following sub-section:
"(3) Where a Commonwealth employee has made an application to the Agency with
respect to action taken by a Department or Commonwealth authority and -
(a) the Agency decides under sub-section (1) not to investigate the
action, or not to investigate the action further; or
(b) the Agency decides that, by reason of sub-section (2), it is not
permitted to investigate the action further; or
(b) the Agency decides that, by reason of sub-section (2), it is not
permitted to investigate the action, or to investigate the action
further, the Agency shall inform the employee in writing of its
decision.
Sub-paragraph 51 (1) (b) (iv) -
Omit "recommendation under sub-section (3)", substitute "report under
sub-section (4)".
Museum of Australia Act 1980 Title -
Omit "Museum of Australia", substitute "National Museum of Australia".
Section 1 -
Omit " Museum of Australia Act 1980", substitute "
National Museum of Australia Act 1980 ".
Section 3 (definition of "Council") -
Before "Museum", insert "National".
Section 3 (definition of "Director") -
Before "Museum", insert "National".
Section 3 (definition of "Interim Council") -
Omit the definition.
Section 3 (definition of "Museum") -
Before "Museum of Australia", insert "National".
Section 3 (definition of "national historical collection") -
Omit the definition, substitute the following definition:
"'national historical collection' means -
(a) all historical material that was in the ownership of the Museum at the
time when the Statute Law (Miscellaneous Provisions) Act (No. <2) 1985
received the Royal Assent other than any such material that the
Council determines should not be in the national historical
collection;
(b) such historical material that was in the possession of the Museum at
the time referred to in paragraph (a) as the Council determines should
be included in the national historical collection; and
(c) such historical material that comes into the ownership or possession
of the Museum after the time referred to in paragraph (a) as the
Council determines should be included in the national historical
collection;".
Section 3 -
Add at the end the following sub-section:
"(2) For the purposes of the definitions of 'Australian history' and
'Australian natural environment' in sub-section (1), 'Australia' includes -
(a) every external Territory; and
(b) the continental shelf, within the meaning of Convention on the
Continental Shelf, that is adjacent to the coast of Australia or of an
external Territory.
"(3) For the purposes of sub-section (2), 'external Territory' includes any
territory that was formerly a Territory referred to in section 122 of the
Constitution (including a Territory administered by Australia under a
Trusteeship Agreement) but has ceased to be a Territory referred to in that
section.
"(4) Any determination made by the Council for the purposes of the definition
of 'national historical collection' in sub-section (1) shall be based upon
criteria, and made in accordance with guidelines, approved by the Minister.".
Sub-section 4 (1) -
Before "Museum", insert "National".
Sub-section 6 (1) -
After paragraph (b), insert the following paragraph:
"(ba) from time to time as the occasion requires, to exhibit, by itself or in
collaboration with others, in Australia or elsewhere, material, whether in
written form or in any other form and whether relating to Australia or to a
foreign country;".
Section 8 -
Add at the end the following sub-section:
"(3) The Minister shall transfer or cause to be transferred to the Museum, for
inclusion in the national historical collection, the specimens and animals
that are the property of the Commonwealth by virtue of -
(a) the agreement a copy of which was set forth in the Schedule to the
Zoological Museum Agreement Act 1924; or
(b) the agreement specified in paragraph (a) as varied by the agreement a
copy of which was set forth in the Schedule to the Australian
Institute of Anatomy Agreement Act 1931.".
Sub-section 10 (1) -
Before "Museum", insert "National".
Section 11 -
Repeal the section.
Section 12 -
Repeal the section, substitute the following section: Directions by Minister
"12. National Crime Authority Act 1984 Paragraph 22 (2) (c) -
Omit "seized", substitute "seized".
Navigation Act 1912 Section 217 -
Repeal the section, substitute the following section: Offences as to
appliances
"217. <(1) If a ship that does not carry every prescribed life-saving appliance and
every prescribed fire appliance goes to sea, the owner of the ship and
the the master of the ship are each guilty of an offence.
"(2) If the owner of a ship or the master of a ship permits, through neglect,
the loss of, or damage to, a life-saving appliance or a fire appliance carried
by the ship, the owner or the master, as the case may be, is guilty of an
offence.
(a) a life-saving appliance, or a fire appliance, that is carried by a
ship is lost and is not replaced at the first opportunity;
(b) a life-saving appliance, or a fire appliance, carried by a ship
suffers damage and is not repaired at the first opportunity; or
(c) at any time a life-saving appliance, or a fire appliance, that is
carried by a ship is not fit and ready for use, the owner of the ship
and the master of the ship are each guilty of an offence.".
After section 403 -
Insert the following section: Evidence in proceedings
"403A. Norfolk Island Act 1979 Paragraph 9 (2) (b) -
Omit the paragraph, substitute the following paragraph:
"(b) either -
(i) an Acting Administrator has not entered on his or her duties;
or
(ii) an Acting Administrator has entered on his or her duties but is
absent from the Territory or unable by reason of illness or
incapacity to perform those duties,".
Sub-section 10 (3) -
(a) Insert "made by a person" after "affirmation".
(b) Insert ", and may be made before the day on which the person's
appointment takes effect" after "purpose".
Patents Act 1952 Section 6 (definition of "Convention country") -
Omit "Proclamation", substitute "regulation under section 140".
Sub-section 35 (1A) -
Omit ", or require the applicant to amend,".
Paragraph 40 (5) (c) -
Add at the end "and".
Paragraph 40 (5) (d) -
Omit the paragraph.
Paragraph 40 (7) (a) -
Omit the paragraph, substitute the following paragraph:
"(a) at any time, the requirements of paragraph (5) (c) or (e) in relation to
a micro-organism cease to be satisfied; and".
Sub-section 41 (1B) -
Omit ", or require the applicant to amend,".
After sub-section 45 (4) -
Insert the following sub-section:
"(4AA) For the purposes of sub-section (4), a claim shall not be taken to be
fairly based on matter disclosed in a petty patent specification or a complete
specification if -
(a) the claim claims matter that involves the use, modification or
cultivation of a micro-organism other than a micro-organism referred
to in sub-section 40 (4);
(b) on the date of lodgment (in this sub-section referred to as the
'lodgment date') of the further application referred to in sub-section
(4) of this section, subsection 40 (3) applied to the specification in
relation to the micro-organism;
(c) where the lodgment date was after the expiration of the prescribed
period referred to in paragraph 40 (5) (c) - some or all of the
requirements of subsection 40 (5) were not satisfied in relation to
the specification in relation to the micro-organism as at the lodgment
date; and
(d) where the lodgment date was before the expiration of the prescribed
period referred to in paragraph 40 (5) (c) - some or all of the
requirements of paragraphs 40 (5) (a), (b) and (e) were not satisfied
in relation to the specification in relation to the micro-organism as
at the lodgment date.".
After sub-section 45A (2) -
Insert the following sub-section:
"(2A) For the purposes of sub-section (2), a claim shall not be taken to be
fairly based on matter disclosed in a petty patent specification or a complete
specification if -
(a) the claim claims matter that involves the use, modification or
cultivation of a micro-organism other than a micro-organism referred
to in sub-section 40 (4);
(b) on the date of lodgment (in this sub-section referred to as the
'lodgment date') of the further application referred to in sub-section
(4) of this section, subsection 40 (3) applied to the specification in
relation to the micro-organism;
(c) where the lodgment date was after the expiration of the prescribed
period referred to in paragraph 40 (5) (c) - some or all of the
requirements of subsection 40 (5) were not satisfied in relation to
the specification in relation to the micro-organism as at the lodgment
date; and
(d) where the lodgment date was before the expiration of the prescribed
period referred to in paragraph 40 (5) (c) - some or all of the
requirements of paragraphs 40 (5) (a), (b) and (e) were not satisfied
in relation to the specification in relation to the micro-organism as
at the lodgment date.".
After sub-section 54A (1) -
Insert the following sub-section:
"(1A) If sub-section 40 (3) applies to a complete specification in relation to
a microorganism, the applicant is not entitled to make a request for the
purposes of sub-section (1) of this section in relation to the specification
unless the specification includes the name of a prescribed depositary
institution from which samples of the microorganism are obtainable as provided
by the rules relating to micro-organisms, the date on which the relevant
deposit was made and the file, accession or registration number of the deposit
given by the institution.".
Before sub-section 54A (2) -
Insert the following sub-section:
"(1B) An applicant is not entitled to make a request for the purposes of
sub-section (1) in relation to a complete specification if the abstract of the
specification does not comply with the requirements of the regulations.".
Paragraph 54B (1) (f) -
Omit "and".
After paragraph 54B (1) (f) -
Insert the following paragraph:
"(fa) any document lodged under sub-section 35 (5); and".
After paragraph 54B (2) (c) -
Insert the following paragraph:
"(ca) any document lodged under sub-section 35 (5);".
Paragraph 55 (1) (ca) -
Omit "or".
After paragraph 55 (1) (cb) -
Insert the following word and paragraph:
"or (cc) a document lodged under sub-section 35 (5) which has not become open
to public inspection,".
Sub-section 58C (2) -
Omit "sub-section 40 (1) or (2)", substitute "section 40".
Sub-section 58C (3) -
Omit "sub-section 40 (1A) or (2)", substitute "section 40".
Sub-section 58E (3) -
Omit "sub-section 40 (1) or (2)", substitute "section 40".
Sub-section 58E (4) -
Omit "sub-section 40 (1A) or (2)", substitute "section 40".
After section 86 -
Insert the following section: Amendments relating to micro-organisms
"87. <(1) Regulations under section 177 may make provision for and in relation to
the amendment of a specification for the purpose of including the
matters referred to in paragraph 40 (5) (c).
"(2) The provisions of this Part (other than this section) do not apply to an
amendment to which regulations made for the purposes of sub-section (1)
apply.".
Sub-section 123 (2) -
Omit "Proclamation", substitute "regulation".
Sub-section 140 (1) -
Omit "by Proclamation, declare that a country specified in the Proclamation",
substitute "make regulations declaring that a country specified in the
regulations".
Sub-section 140 (2) -
Omit ", by Proclamation, declare", substitute "make regulations declaring".
Sub-section 140 (3) -
Omit ", by Proclamation, declares", substitute "makes regulations declaring".
Section 165 -
Omit ", lunacy or other disability", substitute "or physical or mental
disability".
Paragraph 177 (1) (ab) -
Insert "or the abstract of that specification," after "as the case may be,".
Postal Services Act 1975 Section 13 -
Add at the end the following sub-section:
"(2) For the purposes of this Act, a label issued by the Commission by means
of a vending machine and indicating, by an imprint made by the machine, an
amount of postage determined by the person to whom the label is issued shall
be deemed to be a postage stamp issued by the Commission.".
After sub-section 63 (2) -
Insert the following sub-section:
"(2A) Where -
(a) but for this sub-section, the Commission would be required by
sub-section (2) to remove a suspension by reason that a charge was not
proceeded with; and
(b) before the time when the Commission would, but for this sub-section,
be required to remove the suspension, the officer who was suspended is
charged with an offence referred to in paragraph 62 (1) (a) that is
founded on the same facts, or substantially the same facts, as the
charge that was not proceeded with, the Commission is not required by
sub-section (2) to remove the suspension but, for the purposes of any
subsequent application of sub-section (2), that other charge shall be
substituted for the charge that was not proceeded with.".
After section 104 -
Insert the following section: Protection of persons in respect of work reports
on officers or employees
"104A. <(1) An action or proceeding, civil or criminal, does not lie against a person
for or in respect of any oral or written report made in good faith for
the purposes of this Act by the person on or in connection with work
performed, or proposed to be performed, by an officer or employee.
"(2) A report shall be deemed to have been made in good faith if the person by
whom the report was made was not actuated by ill will to the officer or
employee affected or by any other improper motive.
"(3) Sub-section (1) does not apply in relation to a report unless -
(a) the person who made the report believed on reasonable grounds that it
was the function or duty of the person to whom the report was made to
receive the report; and
(b) in the case of a report containing matter that was false or misleading
in a material respect, the person who made the report did not know,
and could not with reasonable diligence have ascertained, that the
report contained matter that was so false or misleading.".
Sub-section 109 (7) -
Omit the sub-section.
Public Order (Protection of Persons and Property) Act 1971 Sub-section 4 (1)
(definition of "protected premises") -
Omit the definition, substitute the following definition:
"'protected premises' means premises, whether in a State or in a Territory -
(a) occupied for the purposes of -
(i) a diplomatic mission;
(ii) a special mission; or
(iii) a consular post;
(b) formerly occupied for purposes referred to in paragraph (a), being
premises to which Article 45 of the Vienna Convention on Diplomatic
Relations or Article 27 of the Vienna Convention on Consular Relations
applies;
(c) occupied by an international organization, or used for the purposes of
a meeting of, or under the auspices of, an international organization;
(d) used as the residence of, or otherwise for the private accommodation
of, a protected person; or
(e) formerly used as the residence of, or otherwise for the private
accommodation of, the head of a diplomatic mission, being premises to
which Article 45 of the Vienna Convention on Diplomatic Relations
applies;".
Public Service Reform Act 1984 Schedule 4 -
Insert ", sub-section 3 (4A)" after "3 (4) (a)" in column 2 opposite to the
reference to the Ombudsman Act 1976.
Removal of Prisoners (Australian Capital Territory) Act 1968 Sub-section 3 (1)
(definition of "authorized person") -
Omit "the Sheriff or like officer", substitute "the Sheriff, a Registrar, a
Deputy Registrar, a District Registrar or other like officer".
Section 6A -
Repeal the section, substitute the following section: Relationship between
this Act and Transfer of Prisoners Act 1983
"6A. <(1) A person shall not be removed from the Territory pursuant to a warrant
under sub-section 5 (1), and a person shall not be returned to the State
pursuant to sub-section 6 (2), if the Attorney-General has directed in writing
that this Act is not to apply in relation to that removal or return.
"(2) The Attorney-General shall not give a direction under sub-section (1) in
relation to the removal of a person from the Territory or to the return of a
person to the State unless the Attorney-General is of the opinion that action
to remove the person from the Territory (whether or not to the State) should
be taken under the Transfer of Prisoners Act 1983 .
"(3) The Attorney-General may, either generally or as otherwise provided in
the instrument of delegation, by writing signed by the Attorney-General,
delegate to an officer of the Attorney-General's Department the power of the
Attorney-General to give a direction under sub-section (1).
"(4) A power delegated under sub-section (3), when exercised by the delegate,
shall, for the purposes of this Act, be deemed to have been exercised by the
Attorney-General.
"(5) A delegation under sub-section (3) does not prevent the exercise of a
power by the Attorney-General.".
Removal of Prisoners (Territories) Act 1923 Section 8AA -
Repeal the section, substitute the following section: Relationship between
this Act and Transfer of Prisoners Act 1983
"8AA. <(1) A person shall not be removed from a Territory pursuant to a warrant
under sub-section 4 (1), if the Attorney-General has directed in
writing that this Act is not to apply in relation to that removal.
"(2) The Attorney-General shall not give a direction under sub-section (1) in
relation to the removal of a person from a Territory unless the
Attorney-General is of the opinion that action to remove the person from the
Territory should be taken under the Transfer of Prisoners Act 1983.
"(3) The Attorney-General may, either generally or as otherwise provided in
the instrument of delegation, by writing signed by the Attorney-General,
delegate to an officer of the Attorney-General's Department the power of the
Attorney-General to give a direction under sub-section (1).
"(4) A power delegated under sub-section (3), when exercised by the delegate,
shall, for the purposes of this Act, be deemed to have been exercised by the
Attorney-General.
"(5) A delegation under sub-section (3) does not prevent the exercise of a
power by the Attorney-General.".
Remuneration and Allowances Amendment Act 1977 Part II -
Repeal the Part.
Remuneration and Allowances Amendment Act 1981 Part II -
Repeal the Part.
Part IV-
Repeal the Part.
Remuneration and Allowances Amendment Act 1982 Part II-
Repeal the Part.
Remuneration and Allowances Amendment Act 1983 Part II-
Repeal the Part.
Remuneration and Allowances Amendment Act 1984 Part II-
Repeal the Part.
Shipping Registration Act 1981 Section 41-
Add at the end the following sub-section:
"(4) The disposal of a ship or of a share in a ship is not invalidated because
of any failure to comply with a requirement of sub-section (2) in relation to
the disposal.".
Paragraph 47C (a)-
Omit "; and", substitute "or a person having a right to register a dealing
with the ship; or".
Paragraph 47C (b)-
Insert "or a person having a right to register a dealing with the share" after
"share" (last occurring).
Sub-section 74 (1)-
Omit ", 44 (1) or (2)", substitute "or 44 (1)".
Sub-section 74 (2)-
Omit ", 44 (1) or (2)", substitute "or 44 (1)".
Statute Law (Miscellaneous Provisions) Act (No. <1) 1985
Sub-section 2 (29)-
Omit "1973", substitute "1975".
Schedule 1-
(a) Omit the heading "Australian Science and Technology Council Act 1979",
substitute " Australian Science and Technology Council Act 1978".
(b) Omit "'11'" from paragraph (a) of the amendments made to section 12 of
the Defence (Special Undertakings) Act 1952, substitute "'
section 11'".
(c) Insert "the" before "commencement" in the amendment made to section 11
of the Gift Duty Assessment Act 1941.
(d) Omit "(a)" and "(b)" from the amendments made to sub-section 23 (7) of
the Historic Shipwrecks Act 1976, substitute "(c)" and "(d)",
respectively.
(e) Omit "of" from the amendment made to sub-section 6 (7) of the
Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 .
(f) Omit from the heading to the provision amending the Merit Protection
(Australian Government Employees) Act 1984 "(1)", substitute "(2)".
(g) Omit "have been" from paragraph (a) of the amendments made to
sub-section 12 (2) of the Supply and Development Act 1939, substitute
"be".
(h) Before "(2)" in the heading to the provision amending sub-sections 14C
(2), (3) and (5) of the Taxation Administration Act 1953, insert
"(1),".
Telecommunications Act 1975 After sub-section 60 (2)-
Insert the following sub-section:
"(2A) Where-
(a) but for this sub-section, the Commission would be required by
sub-section (2) to remove a suspension by reason that a charge was not
proceeded with; and
(b) before the time when the Commission would, but for this sub-section,
be required to remove the suspension, the officer who was suspended is
charged with an offence referred to in paragraph 59 (1) (a) that is
founded on the same facts, or substantially the same facts, as the
charge that was not proceeded with, the Commission is not required by
sub-section (2) to remove the suspension but, for the purposes of any
subsequent application of sub-section (2), that other charge shall be
substituted for the charge that was not proceeded with.".
Section 79-
Omit "The Commission shall", substitute "Subject to sub-section (2), the
Commission shall".
Section 79-
Add at the end the following sub-section:
"(2) Sub-section (1) does not apply to a contract for the supply or provision
of goods or services by the Commission in connection with a telecommunications
installation or telecommunications service unless the contract involves the
payment by the Commission of an amount exceeding the amount applicable for the
purposes of that sub-section.".
Trade Marks Act 1955 Sub-section 6 (1) (definition of "Convention country")-
Omit "Proclamation", substitute "regulation under section 108".
Sub-section 108 (1)-
Omit "by Proclamation, declare that a country specified in the Proclamation",
substitute "make regulations declaring that a country specified in the
regulations".
Sub-section 108 (2)-
Omit ", by Proclamation, declare", substitute "make regulations declaring".
Sub-section 108 (3)-
Omit ", by Proclamation, declares", substitute "makes regulations declaring".
Section 133-
Omit ", lunacy or other disability", substitute "or physical or mental
disability".
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