Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

No. 65 of 1985

An Act to make various amendments of the statute law of the Commonwealth, and for related purposes

[Assented to 5 June 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 1)1985.

Commencement

2. (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(2) Sections 1, 2 and 13 shall come into operation on the day on which this Act receives the Royal Assent.

(3) The amendment of the Administrative Decisions (Judicial Review) Act 1977 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately after the commencement of the Defence Force (Miscellaneous Provisions) Act 1982.

(4) The amendments of the Antarctic Treaty (Environment Protection) Act 1980 made by this Act shall come into operation on a day to be fixed by Proclamation.

(5) The amendment of sub-section 71 (2) of the Australian Broadcasting Corporation Act 1983 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983.

(6) The amendment of the Australian Citizenship Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 38 of that first-mentioned Act.

(7) The amendment of the Australian Tourist Commission Act 1967 made by this Act shall come into operation on a day to be fixed by Proclamation.

(8) The amendment of the Bank Account Debits Tax Administration Act 1982 made by this Act shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

(9) The amendments of the Bounty (Computers) Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of that first-mentioned Act.

(10) The amendments of the Bounty (Electric Motors) Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of that first-mentioned Act.

(11) The amendment of the Canned Fruits Marketing Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of that first-mentioned Act.

(12) The amendments of the Cocos (Keeling) Islands Self-Determination (Consequential Amendments) Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 1 of that first-mentioned Act.

(13) The amendment of sub-section 133ab (2) of the Conciliation and Arbitration Act 1904 and paragraph 6 (1) (c) of the Conciliation and Arbitration Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 1 of the Conciliation and Arbitration Amendment Act 1984.

(14) The amendments of Part VIIIaa of the Conciliation and Arbitration Act 1904 made by this Act shall come into operation on a day to be fixed by Proclamation.

(15) The amendments of section 58b of the Defence Act 1903, the amendment inserting proposed section 120b in that Act, and the amendment of section 124 of that Act, made by this Act shall come into operation on a day to

be fixed by Proclamation or on such respective days as are fixed by Proclamation.

(16) Section 7 and the amendments of the Defence Force Discipline Act 1982 made by this Act shall come into operation on the day on which this Act receives the Royal Assent or, if Part II of that first-mentioned Act is not in force on the day immediately before the day on which this Act receives the Royal Assent, immediately after that Part comes into operation.

(17) The amendment of the heading to Part II of the Defence Force Discipline Appeals Act 1955 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately after the commencement of the Defence Force (Miscellaneous Provisions) Act 1982.

(18) The amendment of Schedule 2 to the Defence Legislation Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately before the commencement of section 89 of that Act.

(19) The amendment of Schedule 3 to the Defence Legislation Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately before the commencement of section 95 of that first-mentioned Act.

(20) The amendment of the Federal Court of Australia Act 1976 made by this Act shall come into operation on a day to be fixed by Proclamation.

(21) The amendments of sections 3 (other than of the definition of “Secretary” in sub-section (1)) and 23g of the Health Insurance Act 1973 made by this Act shall be deemed to have come into operation on 19 February 1985.

(22) The amendment of section 16c of the Health Insurance Act 1973 made by this Act shall be deemed to have come into operation on 1 July 1984.

(23) Section 9 and the amendment of section 130a of the Health Insurance Act 1973 made by this Act shall be deemed to have come into operation on 13 December 1984.

(24) The amendments of the Immigration (Guardianship of Children) Act 1946 made by this Act shall come into operation on a day to be fixed by Proclamation.

(25) The amendments of the Industries Assistance Commission Act 1973 made by this Act shall be deemed to have come into operation immediately after the commencement of the Industries Assistance Commission Amendment Act 1984.

(26) The amendment of the Judiciary Act 1903 made by this Act shall come into operation on the day on which the amendment of the Federal Court of Australia Act 1976 made by this Act comes into operation.

(27) The amendments of the definition of “judicial office” in section 3 of the Law Reform Commission Act 1973 made by this Act shall be deemed to have come into operation on 18 April 1985.

(28) The repeal of section 20 of the Life Insurance Act 1945 effected by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately before the commencement of section 8 of the Life Insurance Amendment Act 1983.

(29) The amendments of the National Gallery Act 1973 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.

(30) The amendment of sub-section 3 (3) of the National Measurement Act 1960 made by this Act shall be deemed to have come into operation immediately after the commencement of the Weights and Measures (National Standards) Amendment Act 1984.

(31) The amendments of section 6 of the Navigation Act 1912 made by this Act shall come into operation on a day to be fixed by Proclamation.

(32) The amendments of sub-sections 267 (2) and 267a (1) of the Navigation Act 1912 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately after the commencement of section 6 of the Navigation (Protection of the Sea) Amendment Act 1983.

(33) The amendment of the Passports Act 1938 made by this Act shall be deemed to have come into operation immediately after the commencement of the Passports Amendment Act 1984.

(34) The amendment of the Passports Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of that first-mentioned Act.

(35) The amendments of sections 54b and 55 of the Patents Act 1952 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the day fixed by Proclamation for the purposes of sub-section 2 (11) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983.

(36) The amendment of the Petroleum Retail Marketing Franchise Act 1980 made by this Act shall be deemed to have come into operation immediately after the commencement of section 16 of the Petroleum Retail Marketing Franchise Amendment Act 1984.

(37) The amendment of sub-section 4b (1) of the Procurement of Goods, Works and Services Act 1981 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately after the commencement of Part II of that Act and the amendment of sub-section 5 (9) of that Act made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately after the commencement of Part III of that Act.

(38) The amendments of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (other than the amendments of sub-section

34 (3) and Schedule 1) made by this Act shall come into operation on a day to be fixed by Proclamation.

(39) The amendment of the Public Service Reform Act 1984 made by this Act shall be deemed to have come into operation immediately before the commencement of sub-section 151 (1) of that first-mentioned Act.

(40) The amendment of the Radiocommunications Act 1983 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, immediately after the commencement of section 1 of that first-mentioned Act.

(41) The amendments of the Removal of Prisoners (Australian Capital Territory) Act 1968 made by this Act shall come into operation on a day to be fixed by Proclamation.

(42) Section 15 and the amendment of item 123a in the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935 made by this Act shall be deemed to have come into operation on 13 December 1984.

(43) The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 1 of that first-mentioned Act.

(44) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 1 of that first-mentioned Act.

(45) The amendments of sections 8j and 8z of the Taxation Administration Act 1953 made by this Act shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

(46) The amendments of the Taxation Laws Amendment Act 1984 made by this Act shall be deemed to have come into operation immediately after the commencement of section 1 of that first-mentioned Act.

(47) The amendments of the Tobacco Charges Assessment Act 1955 made by this Act shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

(48) The amendments of the Trade Commissioners Act 1933 made by this Act shall come into operation on a day to be fixed by Proclamation.

(49) The amendments of the Trade Union Training Authority Act 1975 shall come into operation on a day to be fixed by Proclamation.

(50) The amendment of the Wool Tax (Administration) Act 1964 made by this Act shall be deemed to have come into operation immediately after the commencement of section 3 of the Taxation Laws Amendment Act 1984.

Amendments of Acts

3. The Acts specified in Schedule 1 are amended as set out in that Schedule.

Repeal

4. The Acts specified in Schedule 2 are repealed.

Operation of Australian Citizenship Act 1948

5. An approval or permission in force for the purposes of sub-section 15 (2) of the Australian Citizenship Act 1948 immediately before the commencement of this section has effect, after that commencement, as if it were an approval made for the purposes of sub-paragraph 15 (2) (a) (iv) of that Act as amended by this Act or a permission given for the purposes of paragraph 15 (2) (b) of that Act as amended by this Act, as the case requires.

Operation of amendments of Australian Institute of Marine Science Act 1972

6. (1) Where, immediately before the commencement of this section, a person was acting as the Director of the Australian Institute of Marine Science by virtue of an appointment under section 30 of the Principal Act, then, notwithstanding the repeal of that section effected by this Act, that section continues to apply to and in relation to the person as if that repeal had not been effected.

(2) Notwithstanding the amendment of section 33 of the Principal Act made by this Act, that section of the Principal Act continues to apply to a person appointed under that section before the commencement of this section as if that amendment had not been made.

(3) In this section, “Principal Act” means the Australian Institute of Marine Science Act 1972 as amended and in force immediately before the commencement of this section.

Operation of amendments of Defence Force Discipline Act 1982

7. (1) Sub-section 154 (1) of the Defence Force Discipline Act 1982 as amended by this Act applies in relation to a review commenced after the commencement of this section.

(2) An appointment of a legal officer in force under sub-section 154 (1) of the Defence Force Discipline Act 1982 immediately before the commencement of this section has effect, after that commencement, as if it had been made under that sub-section of that Act as amended by this Act.

Operation of Federal Court of Australia Act 1976.

8. (1) Subject to sub-section (2), the amendment of the Federal Court of Australia Act 1976 made by this Act applies to judgments given or pronounced before or after the commencement of that amendment.

(2) The amendment of the Federal Court of Australia Act 1976 made by this Act does not affect—

(a) the hearing and determination of an appeal instituted before the commencement of that amendment;

(b) the institution of an appeal pursuant to leave or special leave granted before that commencement or the hearing and determination of an appeal so instituted; or

(c) the hearing and determination of a case stated, or a question reserved, before that commencement.

(3) Until the commencement of the amendment of the Federal Court of Australia Act 1976 made by this Act, section 26 of that Act has effect as if the following sub-sections were added at the end:

“(4) Nothing in sub-section (3) shall be taken to prevent a Judge of the Supreme Court of the Northern Territory from stating a case, or reserving or referring a question concerning a matter referred to in sub-section (1), to the Full Court of that Court.

“(5) In sub-section (4), ‘Judge’ has the same meaning as in the Supreme Court Act 1979 of the Northern Territory.”.

Operation of amendment of Health Insurance Act 1973

9. The amendment of section 130a of the Health Insurance Act 1973 made by this Act shall, for the purposes of sub-section 9 (5) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, be deemed to have been made by that last-mentioned Act.

Operation of amendment of Judiciary Act 1903

10. The amendment of the Judiciary Act 1903 made by this Act applies to judgments given or pronounced before or after the commencement of that amendment.

Operation of amendments of Law Reform Commission Act 1973

11. (1) Any act or thing done before the commencement of this section under section 31, 33, 34 or 35 of the Law Reform Commission Act 1973 has effect after that commencement as if it had been done under the corresponding provision of Division 3 of Part XI of the Audit Act 1901.

(2) A person who held office as the Chairman or as the Deputy Chairman of the Law Reform Commission immediately before the commencement of this section shall, subject to the Law Reform Commission Act 1973, continue to hold office after that commencement as the President or as the Deputy President, as the case may be, of the Law Reform Commission.

Operation of certain amendments of Management and Investment Companies Act 1983

12. (1) Notwithstanding the amendments of the Principal Act made by this Act, section 21 of the Principal Act continues to apply to a licence granted under that section before the commencement of this section as if those amendments had not been made.

(2) In sub-section (1), “Principal Act” means the Management and Investment Companies Act 1983 as amended and in force immediately before the commencement of this section.

Operation of National Gallery Act 1975

13. (1) A delegation in force under section 22 of the Principal Act or regulation 17 of the National Gallery Regulations immediately before the commencement of this section has effect, after that commencement, as if it had been made under section 22 of the Principal Act as amended by this Act.

(2) Where, immediately before the commencement of this section, a person was acting as the Director of the Australian National Gallery by virtue of an appointment under section 31 of the Principal Act, then, notwithstanding the repeal of that section effected by this Act, that section continues to apply to and in relation to the person as if that repeal had not been effected.

(3) Any act or thing done before the commencement of this section under section 36, 39, 40 or 42 of the Principal Act has effect after that commencement as if it had been done under the corresponding provision of Division 3 of Part XI of the Audit Act 1901.

(4) In this section, “Principal Act” means the National Gallery Act 1975 as in force immediately before the commencement of this section.

Operation of amendment of Patents Act 1952

14. Notwithstanding the amendment of sub-section 133 (3) of the Patents Act 1952 made by this Act, that sub-section as in force immediately before the commencement of that amendment continues to apply, after that commencement, to a person who—

(a) was registered as a patent attorney immediately before that commencement; or

(b) was not registered as a patent attorney immediately before that commencement, but had, before that commencement, passed in one or more subjects of the prescribed examination,

as if that amendment had not been made.

Operation of amendment of Sales Tax (Exemptions and Classifications) Act 1935

15. The amendment of item 123a in the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935 made by this Act shall, for the purposes of sub-section 9 (1) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, be deemed to have been made by that last-mentioned Act.

Operation of Sex Discrimination Act 1984

16. An exemption in force under sub-section 44 (1) of the Sex Discrimination Act 1984 immediately before the commencement of this section has effect, after that commencement, as if it were an exemption granted under sub-section 44 (1) of that Act as amended by this Act.

SCHEDULE 1 Section 3

AMENDMENTS OF ACTS

Aboriginal Development Commission Act 1980

Section 48—

Repeal the section.

Aboriginal Land Rights (Northern Territory) Act 1976

Section 39—

Repeal the section.

Administrative Appeals Tribunal Act 1975

Sub-section 16 (2)—

Insert “or in respect of” after “does not apply to”.

Sub-section 16 (4)—

Omit “sub-section 80 (1) of”.

Paragraph 49 (1) (c)—

Omit “Chairman”, substitute “President”.

Administrative Decisions (Judicial Review) Act 1977

Schedule 1, paragraph (o)—

Omit all the words after “Defence Force Discipline Act 1982”.

Airports (Surface Traffic) Act 1960

Sub-section 3 (1) (paragraph (b) of the definition of “authorized person”)—

Omit the paragraph, substitute the following paragraph:

“(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory;”.

After the definition of “authorized person” in sub-section 3 (1)—

Insert the following definition:

“‘owner’, in relation to a vehicle—

(a) in the case of a vehicle that is registered in the name of a person under the law of a State or Territory relating to the registration of motor vehicles—means that person;

(b) in the case of a vehicle that is registered in a business name under such a law—means the person who carries on business under the business name; or

(c) in the case of any other vehicle—includes every joint or part owner of the vehicle and any person who has possession and use of the vehicle under or subject to a hire-purchase agreement or bill of sale;”.

Sub-section 3 (1) (definition of “parking infringement”)—

Omit “ (a) or (b) of sub-section (1) of section 8”, substitute “8 (1) (a) or (b)”.

SCHEDULE 1—continued

After the definition of “road” in sub-section 3 (1)—

Insert the following definition:

“‘Secretary’ means the Secretary to the Department;”.

Sub-section 3 (1) (definitions of “the owner” and “the Secretary”)—

Omit the definitions.

Sub-section 6 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 6 (3)—

Omit “the last preceding sub-section”, substitute “sub-section (2)”.

Sub-section 8 (2)—

Omit “(5) of section 6”, substitute “6 (5)”.

Sub-section 8 (3)—

Omit “(b) of sub-section (1)”, substitute “(1) (b)”.

Sub-section 8 (4)—

Omit “(b) of sub-section (1)”, substitute “(1) (b)”.

Sub-section 8 (5)—

Omit “(a) of sub-section (1)”, substitute “(1) (a)”.

Sub-section 9 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Paragraph 9a (a)—

Omit “(3) of section 9”, substitute “9 (3)”.

Sub-section 11 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 12 (1)—

Insert “or in a specified business name” after “specified person”.

Sub-section 12 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 14 (2)—

(a) Omit “the next succeeding sub-section”, substitute “sub-section (3)”.

(b) Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 16 (2)—

(a) Omit “or of the Crown Law Office of a Territory”.

(b) Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 17 (1b)—

Omit “(b) of sub-section (1a)”, substitute “(1a) (b)”.

SCHEDULE 1—continued

Sub-section 22 (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Albury-Wodoaga Development Act 1973

Section 23—

Repeal the section.

Anglo-Australian Telescope Agreement Act 1970

Section 17—

Repeal the section.

Antarctic Treaty (Environment Protection) Act 1980

Preamble—

Add at the end the following paragraphs:

“AND WHEREAS Australia is a Party to the Convention for the Conservation of Antarctic Seals:

“AND WHEREAS it is desirable to make provision for giving effect to that Convention:”.

Sub-section 3 (1) (definition of “animal”)—

Omit the definition, substitute the following definition:

“‘animal’ includes a native mammal, a native bird and a seal (whether indigenous to the Antarctic or not);”.

Sub-section 3 (1) (definition of “native mammal”)—

Insert “and seals” after “whales”.

After the definition of “property” in sub-section 3 (1)—

Insert the following definition:

“‘Seals Convention’ means the Convention for the Conservation of Antarctic Seals (a copy of the English text of which is set out in the Schedule);”.

Sub-section 7 (1)—

Insert “but subject to the regulations,” after “law,”.

Sub-section 19 (2)—

Omit “or seals” (wherever occurring).

Paragraphs 19 (3) (b), (c) and (d)—

Omit “that”.

Sub-section 19 (4) (definition of “concentration”)—

Omit the definition, substitute the following definition:

“‘concentration’, in relation to birds, means a group of more than 20 birds;”.

SCHEDULE 1—continued

Sub-section 29 (1)—

Omit the sub-section, substitute the following sub-section:

“(1) The Governor-General may make regulations—

(a) not inconsistent with this Act, prescribing matters—

(i) required or permitted by this Act to be prescribed; or

(ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act or the Agreed Measures; or

(b) for and in relation to giving effect to the Seals Convention.”.

After paragraph 29 (2) (b)—

Insert the following paragraph:

“(ba) prohibiting the killing, taking, injuring or other interference with a seal that is indigenous to the Antarctic;”.

Sub-section 29 (5)—

Omit the sub-section, substitute the following sub-section:

“(5) The regulations may prescribe penalties for offences against the regulations not exceeding—

(a) in a case where the offence is an offence against regulations made for or in relation to giving effect to the Seals Convention—a fine of $2,000 or imprisonment for 12 months, or both; and

(b) in any other case—a fine of $2,000 or $200 for each day during which the offence continues.”.

After section 29—

Insert the Schedule set out in Schedule 4 to this Act.

Atomic Energy Act 1953

Sections 11 and 22—

Repeal the sections.

Audit Act 1901

Sub-section 6 (1)—

Omit the sub-section.

Sub-sections 34a (2) and 70c (4)—

Insert “Local Government and” before “Administrative Services”.

Australia Council Act 1975

Section 42—

Repeal the section.

Australian Bicentennial Authority Act 1980

Section 20—

Repeal the section.

SCHEDULE 1—continued

Australian Broadcasting Corporation Act 1983

Sub-section 71 (2)—

Omit the sub-section.

Section 72—

Add at the end the following sub-section:

“(2) For the purposes of the application to the Corporation of Division 3 of Part XI of the Audit Act 1901 by virtue of sub-section (1), a reference in that Division to the appropriate Minister is a reference to the Minister of State administering this Act.”.

Sub-section 83 (6)—

(a) Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

(b) Omit “of State” (last occurring).

Australian Bureau of Statistics Act 1975

Section 13—

Repeal the section.

Australian Capital Territory Electricity Supply Act 1962

Sub-sections 6 (4) and (9) and 10 (4)—

Omit “of the Capital Territory”.

Section 21—

Repeal the section.

Australian Capital Territory Supreme Court Act 1933

Heading to Schedules—

Omit the heading.

Australian Citizenship Act 1948

Paragraphs 15 (1) (a) and (b)—

Omit the paragraphs, substitute the following paragraphs:

“(a) in the case of a person—

(i) who, at any time after lodging an application for a certificate of Australian citizenship (including a time after the grant of the certificate), takes an oath of allegiance or makes an affirmation of allegiance in the manner provided by this section and in accordance with the appropriate form set out in Schedule 2; and

(ii) to whom paragraph (b) does not apply—

on and after the day on which the certificate is granted or on which the person takes such an oath or makes such an affirmation, whichever last occurs; or

SCHEDULE 1—continued

(b) in the case of a person—

(i) who has not attained the age of 16 years; or

(ii) to whom sub-section 13 (2) applies—

on and after the day on which the certificate is granted.”.

Sub-sections 15 (2) and (3)—

Omit the sub-sections, substitute the following sub-sections:

“(2) The oath or affirmation of allegiance shall—

(a) be taken or made before any of the following persons:

(i) the Minister;

(ii) a Judge of a federal court who is an Australian citizen;

(iii) a Judge or Magistrate holding office under a law of a State or Territory, being a Judge or Magistrate who is an Australian citizen;

(iv) a person, or a person included in a class of persons, approved in writing by the Minister for the purposes of this sub-paragraph, being a person who is an Australian citizen; and

(b) if the Minister has made arrangements under section 41 for it to be taken or made in public, be taken or made in accordance with those arrangements unless the Minister otherwise permits in writing.

“(3) A person who has been granted a certificate of Australian citizenship under sub-section 13 (9) by virtue of being the spouse of a person referred to in sub-paragraph 13 (9) (d) (ii) shall not take the oath of allegiance, or make the affirmation of allegiance, before the last-mentioned person has taken such an oath or made such an affirmation.”.

After sub-section 15 (4)—

Insert the following sub-section:

“(4a) The validity of an acquisition of Australian citizenship is not affected by reason only that the oath of allegiance was not taken, or the affirmation of allegiance was not made, before an Australian citizen.”.

Australian Citizenship Amendment Act 1984

The Schedule—

Omit “Paragraph 24 (3) (c)” from the column headed “Provision amended”, substitute “Paragraph 25 (3) (c)”.

Australian Film and Television School Act 1973

Section 45—

Repeal the section.

Australian Film Commission Act 1975

Section 27—

Repeal the section.

SCHEDULE 1—continued

Australian Industry Development Corporation Act 1970

Paragraphs 11 (1) (c) and (5) (a)—

Omit “Industry and Commerce”, substitute “Industry, Technology and Commerce”.

Section 21a—

Omit “Industry and Commerce” (wherever occurring), substitute “Industry, Technology and Commerce”.

Australian Institute of Aboriginal Studies Act 1964

Sub-section 21 (5)—

Omit the sub-section.

Australian Institute of Marine Science Act 1972

Section 30—

Repeal the section, substitute the following section:

Acting Director

“30. (1) The Minister may appoint a person who has not attained the age of 65 years to act in the office of Director—

(a) during a vacancy in the office; or

(b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office,

but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

“(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.

“(3) Where a person is acting in the office of Director in accordance with paragraph (1) (b) and the office becomes vacant while the person is so acting, then, subject to sub-section (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.

“(4) The Minister may—

(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Director; and

(b) terminate such an appointment at any time.

“(5) An appointment of a person under sub-section (1) ceases to have effect if the person attains the age of 65 years or resigns the appointment by writing signed by the person and delivered to the Minister.

“(6) While a person is acting in the office of Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director.

“(7) The validity of anything done by or in relation to a person purporting to act in the office of Director shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.”.

SCHEDULE 1—continued

Paragraph 33 (2) (a)—

Omit the paragraph, substitute the following paragraph:

“(a) the person is an Australian citizen;”.

Section 47—

Repeal the section.

Australian Meat and Live-stock Industry Selection Committee Act 1984

Sub-section 21 (1)—

Omit “majority”, substitute “number”.

Australian National Airlines Act 1945

Section 18a—

Repeal the section.

Australian National Railways Commission Act 1983 Sub-section 79 (4)—

(a) Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

(b) Omit “of State” (last occurring).

Australian National University Act 1946

Section 34—

Repeal the section.

Australian Overseas Projects Corporation Act 1978

Sections 30 and 32—

Repeal the sections.

Australian Science and Technology Council Act 1979

Section 23—

Repeal the section.

Australian Security Intelligence Organization Act 1979

Section 16—

Repeal the section.

Sub-section 60 (2)—

Omit the sub-section, substitute the following sub-section:

“(2) Subject to this section, the Tribunal shall cause copies of its findings to be given to the applicant, the Director-General, the Commonwealth agency to which the assessment was furnished and the Attorney-General.”.

SCHEDULE 1—continued

Section 88—

Repeal the section.

Australian Shipping Commission Act 1956

Sub-section 47 (4)—

Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

Australian Tourist Commission Act 1967

Section 25—

Omit “Division 3”, substitute “Division 2”.

Australian War Memorial Act 1980

Section 38—

Repeal the section.

Australian Wine and Brandy Corporation Act 1980

Section 31—

Repeal the section.

Bank Account Debits Tax Administration Act 1982

Sub-section 32 (2)—

Omit “tax” (first occurring), substitute “‘tax’”.

Bass Strait Freight Adjustment Levy Collection Act 1984

Section 6—

(a) Omit “and 160b”, substitute”, 160b and 161”.

(b) Omit “and” from paragraph (b).

(c) Add at the end the following word and paragraph:

“; and (d) a reference in section 160b to the Minister were a reference to the Minister administering the Bass Strait Freight Adjustment Levy Act 1984.”

Biological Control Act 1984

Sub-section 2 (1) (definitions of “agent recommendation” and “agent organisms”)—

Reverse the order of the definitions.

Sub-section 2 (1) (definitions of “target recommendation” and “target organisms”)—

Reverse the order of the definitions.

Sub-section 20 (2)—

Omit “sub-section (1)”, substitute “sub-section 4 (1)”.

SCHEDULE 1—continued

Sub-section 26 (4)—

Add at the end “or kinds”.

Sub-section 39 (1)—

Omit “he”, substitute “a Commissioner”.

Bounty (Berry Fruits) Act 1982

Sub-section 16 (2)—

Omit “of Industry and Commerce”.

Bounty (Computers) Act 1984

Sub-section 5 (6)—

Omit “a reference”, substitute “references”.

Paragraph 6 (5) (b)—

Insert “or (6)” after “sub-section 21 (4)”.

Sub-sections 17 (1) and (3)—

Omit “during” (wherever occurring), substitute “in respect of”.

Bounty (Electric Motors) Act 1984

Section 6—

Omit all the words after “service” (first occurring), substitute the following:

“provided, in relation to the motor by—

(a) the manufacturer, or a person employed by the manufacturer, otherwise than at premises registered under section 22 in the name of the manufacturer; or

(b) a person other than—

(i) the manufacturer; or

(ii) a person employed by the manufacturer,

not being a process or service consisting of design, research or development carried out in Australia by or on behalf of the manufacturer”.

Sub-section 19 (1)—

(a) Omit “section 16”, substitute “section 18”.

(b) Omit “during”, substitute “in respect or’.

Sub-section 19 (3)—

Omit “during” (wherever occurring), substitute “in respect or’.

Bounty (Paper) Act 1979

Sub-section 3 (1) (paragraph (e) of the definition of “bountiable uncoated paper”)—

Omit “the one-minute Cobb method”, substitute “the APPITA P411S-80 test as in force from time to time”.

SCHEDULE 1—continued

Canberra College of Advanced Education Act 1967

Sub-section 20 (2)—

Omit the sub-section.

Canned Fruits Levy Act 1979

Paragraphs 5 (2) (a) and (b)—

Omit “his”, substitute “the person’s”.

Paragraph 5 (2) (c)—

(a) Omit “him”, substitute “the person”.

(b) Omit “his”, substitute “the person’s”.

Sub-section 5 (2)—

Omit “he” (wherever occurring), substitute “the authorized person”.

Section 9—

Omit “him”, substitute “the Minister”.

Canned Fruits Levy Collection Act 1979

Sub-sections 5 (1) and (2)—

Omit “him”, substitute “the person”.

Sub-section 5 (4)—

Omit “he” (wherever occurring), substitute “the person”.

Sub-sections 8 (3) and (5)—

Omit “he”, substitute “the authorized person”.

Section 9—

Omit “him”, substitute “the Minister”.

Section 10—

Omit “him”, substitute “the authorized person”.

Sub-section 11 (1)—

Omit “he”, substitute “the person”.

Sub-section 11 (2)—

(a) Omit “he”, substitute “the person”.

(b) Omit “him” (wherever occuring), substitute “the person”.

Canned Fruits Marketing Act 1979

Sub-section 15 (1)—

Omit “him”, substitute “the canner”.

SCHEDULE 1—continued

Sub-section 19 (3)—

Omit “him”, substitute “the person”.

Paragraph 27 (2) (b)—

Omit “his”, substitute “the member’s”.

Sub-section 29 (9)—

Omit “member”, substitute “person”.

Section 33—

Repeal the section.

Sub-section 40 (4)—

Omit “he”, substitute “the Chairperson”.

Sub-section 50 (1)—

Omit “he”, substitute “the person”.

Section 52—

Omit “his” (wherever occurring), substitute “the person’s”.

Sub-section 53 (5)—

Omit “he”, substitute “the authorized person”.

Section 58—

(a) Omit “of Primary Industry”.

(b) Omit “that”, substitute “the”.

(c) Omit “him”, substitute “the Secretary”.

Section 62—

Repeal the section.

Section 68—

(a) Omit “of Primary Industry”.

(b) Omit “that”, substitute “the”.

(c) Omit “him”, substitute “the Secretary”.

Section 69—

Repeal the section.

Canned Fruits Marketing Amendment Act 1984

Schedule 2—

Omit “him” from the amendment of sub-section 13 (3) set out in the column headed “Omit—”, substitute “him (wherever occurring)”.

Christmas Island Act 1958

Section 15—

Repeal the section.

SCHEDULE 1—continued

Section 16—

Omit “sections 15 and 15a”, substitute “section 15a”.

Sub-section 17 (2)—

Omit the sub-section.

Cocos (Keeling) Islands Act 1955

Sub-section 6 (3)—

Omit “The preceding provisions of this section”, substitute “Sub-sections (1) and (2)”.

Section 14—

Repeal the section.

Section 15—

Omit “sections 14 and 14a”, substitute “section 14a”.

Sub-section 15a (1)—

Omit “Public Service Act 1922-1958”, substitute “Public Service Act 1922”.

Sub-section 15a (2)—

Omit the sub-section.

Sub-section 15a (3)—

Omit “Public Service Act 1922-1958”, substitute “Public Service Act 1922”.

Section 16—

Repeal the section, substitute the following section:

Sittings of courts, &c.

“16. (1) Provision may be made by Ordinance for and in relation to—

(a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;

(b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and

(c) where a power or duty is conferred or imposed by law on a person who holds an office in relation to a Territory court—the exercise of the power, or the performance of the duty, at places in Australia outside the Territory.

“(2) A reference in sub-section (1) to a Territory court is a reference to a court having jurisdiction in the Territory.”.

Cocos (Keeling) Islands Self-Determination (Consequential Amendments) Act 1984

Section 10—

Omit “‘ 16a’ ”, substitute “ ‘16b’ ” .

SCHEDULE 1—continued

Commonwealth Employees (Redeployment and Retirement) Act 1979

Sub-paragraph 29 (1) (d) (iii)—

Omit the sub-paragraph, substitute the following paragraph:

“(iii) persons who are employed under section 42 of the Naval Defence Act 1910;”.

Commonwealth Grants Commission Act 1973

Sub-section 8 (7)—

Omit the sub-section.

Commonwealth Schools Commission Act 1973

Section 11—

Repeal the section.

Commonwealth Serum Laboratories Act 1961

Sub-section 26 (4)—

Omit the sub-section.

Commonwealth Tertiary Education Commission Act 1977

Section 17—

Repeal the section.

Conciliation and Arbitration Act 1904

Sub-section 133ab (2)—

Omit “organisation”, substitute “organization”.

Sub-section 158aha (6) (definition of “relevant branch”)—

Add at the end “not being, in relation to a particular financial year, a part of the organization in relation to which a certificate has been issued under sub-section 158an (1) in relation to that year”.

After section 158am—

Insert the following section in Part VIIIaa:

Accounts and audit where income of organization less than specified amount

“158an. (1) If, upon the application of an organization made after the end of a financial year, the Registrar is satisfied that the income of the organization for that year did not exceed $10,000 or, in the case of a financial year that, in pursuance of sub-section 158aa (2), is a period other than 12 months, did not exceed such amount as the Registrar considers appropriate in the circumstances, the Registrar shall issue to the organization a certificate to that effect, and, where such a certificate is issued in respect of an organization in relation to a financial year—

(a) the following provisions of this section apply in relation to the organization in relation to that financial year;

(b) except as provided in paragraph (c), the provisions of this Part continue to apply in relation to the organization in relation to that financial year; and

SCHEDULE 1—continued

(c) the provisions of sections 158ad and 158ag (other than sub-sections (5), (6) and (7) of section 158ag) and sub-section 158ah (1) do not apply in relation to the organization in relation to that financial year.

“(2) The provisions of this Part (other than this section) apply to the organization in relation to the financial year as if—

(a) a reference to accounts and statements prepared or to be prepared in accordance with section 158ad were a reference to accounts and statements prepared in accordance with sub-section (3) of this section;

(b) the reference in sub-section 158ada (3) to accounts prepared in accordance with section 158ad were a reference to accounts prepared in accordance with sub-section (3) of this section;

(c) the reference in sub-section 158ag (5) to sub-section 158ag (4a) or (4b) were a reference to sub-section (5) of this section;

(d) the reference in sub-section 158ag (6) to sub-section 158ag (1) were a reference to sub-section (5) of this section; and

(e) the reference in sub-sections 158ah (2), (3) and (4) to sub-section 158ah (1) were a reference to sub-section (8) of this section.

“(3) As soon as practicable after the issue of the certificate under sub-section (1), the organization shall cause to be prepared from the accounting records kept by the organization in accordance with sub-section 158ac (1), in respect of the financial year, such accounts and other statements in respect of the financial year as are prescribed, and shall include in the accounts so prepared the relevant figures from the accounts prepared by the organization, in accordance with this sub-section or sub-section 158ad (1), whichever is applicable, in respect of the preceding financial year.

Penalty: $1,000.

“(4) The regulations may make provision for and in relation to the giving of certificates in, or in relation to, accounts or other statements prepared in accordance with sub-section (3).

“(5) After the making to the organization of the report of the auditor under section 158af with respect to the auditor’s inspection and audit of the accounting records kept by the organization in respect of the financial year and before the end of the financial year immediately following that financial year, the organization shall cause a copy of that report, together with copies of the accounts and statements prepared in accordance with sub-section (3) to which that report relates, to be presented to a meeting of the members of the organization.

“(6) An organization shall supply free of charge a copy of the report, accounts and statements referred to in sub-section (5) to any member of the organization who so requests.

“(7) An organization that has not supplied the report, accounts and statements referred to in sub-section (5) to a member of the organization within 14 days after the receipt by the organization of a request by the member made in pursuance of sub-section (6) (in this sub-section referred to as the ‘relevant period’) is guilty of an offence against that sub-section punishable, upon conviction, by a fine not exceeding $500 plus $50 for each completed week of the period commencing on the expiration of the relevant period and ending on—

(a) if the organization supplied the documents to which the offence relates before the day on which the organization is convicted—the day on which the documents were so supplied; or

(b) in any other case—the day on which the organization is convicted.

“(8) The organization shall, within 90 days (or such longer period as the Registrar allows) after the making to the organization of the report under section 158af, file with the Registrar copies of the report and the accounts and statements referred to in sub-section (5)

SCHEDULE 1—continued

of this section together with a certificate by the Secretary, or other prescribed officer, of the organization that the information contained in the accounts and statements is correct.”.

Conciliation and Arbitration Amendment Act 1984

Paragraph 6 (1) (c)—

Omit “ ‘organisation’ ”, substitute “ ‘organization’ ”.

Consular Privileges and Immunities Act 1972

Sub-section 3 (1) (definition of “Australian citizen”)—

Omit “Citizenship Act 1948-1969”, substitute “Australian Citizenship Act 1948”.

After the definition of “Australian citizen” in sub-section 3 (1)—

Insert the following definition:

“‘Convention’ means the Vienna Convention on Consular Relations, a copy of the English text of which is set out in the Schedule;”.

Sub-section 3 (1) (definition of “the Convention”)—

Omit the definition.

Paragraph 5 (2) (c)—

Omit “Police Force”, substitute “police force”.

Paragraph 5 (2) (d)—

Omit “five”, substitute “5”.

Paragraph 5 (2) (f)—

Omit “1963-1966”, substitute “1963”.

Paragraph 5 (2) (g)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Paragraph 5 (2) (m)—

Omit “1967-1972”, substitute “1967”.

Sub-section 5 (3)—

Omit “of this section” (wherever occurring).

Sub-section 5 (4)—

(a) Omit “1936-1972”, substitute “1936”.

(b) Omit “and of the Income Tax Ordinance 1959 of Papua New Guinea as amended and in force at any time”.

(c) Omit “the first day of July, One thousand nine hundred and seventy-two”, substitute “1 July 1972”.

Sub-section 5 (5)—

Omit “1903-1969”, substitute “1903”.

Sub-section 6 (1)—

Omit “the last preceding section”, substitute “section 5”.

SCHEDULE 1—continued

Paragraph 6 (1) (a) and sub-paragraph 6 (1) (b) (i)—

Omit “1901 -1971”, substitute “1901”.

Paragraph 6 (2) (a)—

(a) Omit “1901-1971” substitute “1901”.

(b) Omit “the last preceding section”, substitute “section 5”.

Sub-section 7 (1)—

(a) Omit “of this section”.

(b) Omit “1921-1972”, substitute “Act 1921”.

Paragraph 7 (1) (c)—

Omit “the last preceding paragraph”, substitute “paragraph (b)”.

Sub-section 7 (2)—

Omit “1921-1972”, substitute “Act 1921”.

Paragraph 7 (2) (a)—

Omit “(a) of the last preceding sub-section”, substitute “(1) (a)”.

Sub-sections 7 (3) and (4)—

Omit “of this section”.

Paragraph 7 (4) (a)—

Omit “two”, substitute “2”.

Sub-section 8 (1)—

(a) Omit “1930-1970” (wherever occurring), substitute “1930”.

(b) Omit “the last preceding section”, substitute “section 7”.

(c) Omit “1921-1972”, substitute “Act 1921”.

Sub-section 8 (2)—

(a) Omit “The last preceding sub-section”, substitute “Sub-section (1)”.

(b) Omit “(1) of the last preceding section”, substitute “7 (1)”.

Sub-section 8 (3)—

Omit “of this section”.

Paragraph 8 (3) (a)—

Omit “two”, substitute “2”.

Paragraph 9 (1) (a)—

Omit “1967-1972”, substitute “1967”.

Sub-paragraph 9 (1) (b) (i)—

(a) Omit “the last preceding paragraph”, substitute “paragraph (a)”.

(b) Omit “1967-1972”, substitute “1967”.

Sub-paragraph 9 (1) (b) (ii)—

Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (i)”.

SCHEDULE 1—continued

Sub-paragraph 9 (1) (b) (iii)—

Omit “either of the last two preceding sub-paragraphs”, substitute “sub-paragraph (i) or (ii)”.

Sub-paragraph 9 (1) (c) (i)—

Omit “(i) of the last preceding paragraph”, substitute “(b) (i)”.

Sub-paragraph 9 (1) (c) (ii)—

Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (i)”.

Sub-paragraph 9 (1) (d) (i)—

Omit “(i) of paragraph (b) of this sub-section”, substitute “(b) (i)”.

Sub-paragraph 9 (1) (d) (ii)—

Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (i)”.

Sub-paragraph 9 (1) (e) (i)—

Omit “(i) of paragraph (b) of this sub-section”, substitute “(b) (i)”.

Sub-section 9 (2)—

Omit “(a) of the last preceding sub-section”, substitute “(1) (a)”.

Paragraph 9 (2) (c)—

Omit “the last preceding paragraph”, substitute “paragraph (b)”.

Paragraph 9 (2) (d)—

Omit “either of the last two preceding paragraphs”, substitute “paragraph (b) or (c)”.

Paragraph 9 (2) (e)—

Omit “or paragraph (c) of this sub-section”, substitute “or (c)”.

After section 12—

Insert the following section:

Delegation

“12a. (1) The Minister for Industry, Technology and Commerce may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person all or any of that Minister’s powers under this Act, other than this power of delegation.

“(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 for Industry, Technology and Commerce.

“(3) A delegation under this section does not prevent the exercise of a power by the Minister for Industry, Technology and Commerce.”.

Heading to Schedule—

Omit “THE SCHEDULE”, substitute “SCHEDULE”.

Copyright Act 1968

Sub-sections 135 (6), (10) and (11)—

Omit “Industry and Commerce”, substitute “Industry, Technology and Commerce”.

SCHEDULE 1—continued

Coral Sea Islands Act 1969

Section 3—

Omit “to this Act:”.

Sub-sections 7 (1), (2) and (3)—

Omit “fifteen” (wherever occurring), substitute “15”.

Sub-section 7 (4)—

(a) Omit “fifteen”, substitute “15”.

(b) Omit “the last two preceding sub-sections”, substitute “sub-sections (2) and (3)”.

Sub-section 7 (6)—

Omit “six”, substitute “6”.

Crimes (Overseas) Act 1964

After the definition of “Commonwealth officer” in section 3—

Insert the following definition:

“‘non-citizen’ means a person who is not an Australian citizen;”.

Section 3 (definition of “person to whom this Act applies”)—

Omit “British subject”, substitute “non-citizen”.

Criminology Research Act 1971

Section 24—

Repeal the section.

Dairy Produce Act 1924

Section 29a—

Repeal the section.

Defence Act 1903

Section 12—

Repeal the section.

After paragraph 58b (1) (c)—

Insert the following paragraph:

“(ca) the making of allotments of remuneration by members and the suspension, variation and cancellation of allotments of remuneration made by members;”.

Sub-section 58b (3)—

Omit the sub-section, substitute the following sub-section:

“(3) A determination shall not be made providing for or in relation to the forfeiture or assignment of the whole or part of—

(a) the remuneration of a member or cadet; or

SCHEDULE 1—continued

(b) allowances or other pecuniary benefits referred to in paragraph (1) (b) or (c).”.

Section 116za—

Omit “The Governor-General may make arrangements with the Governor of a State or the Administrator of a Territory”, substitute “The Minister may make arrangements with a Minister of a State or Territory”.

Before section 118—

Insert the following section in Part X:

Members and former members may bring actions for money due in respect of service

“117b. A person who is or has been a member of the Defence Force may recover from the Commonwealth, by action in a court of competent jurisdiction, money due to the person by the Commonwealth in respect of the person’s service as a member of the Defence Force.”.

Sub-section 120a (4)—

Omit “48, 48a, 50 and 50b”, substitute “46, 48, 48a, 50, 50b and 123a”.

Sub-sections 120a (4a) and (4b)—

Omit “section 50b”, substitute “sections 50b and 123a”.

After section 120a—

Insert the following section:

Attachment of salaries of members

“120b. (1) Where judgment has been given by a court against a member for the payment of a sum of money, the person in whose favour judgment was given (in this section referred to as the ‘judgment creditor’) may serve on a paying officer—

(a) a copy of the judgment, certified under the hand of the Registrar or other appropriate officer of the court; and

(b) a statutory declaration that—

(i) states that the judgment has not been satisfied by the member; and

(ii) sets out the amount then due by the member under the judgment.

“(2) The paying officer shall, as soon as practicable after service of the copy of the judgment and the statutory declaration, by notice in writing given to the member—

(a) inform the member of the service on the paying officer of the copy of the judgment and the statutory declaration; and

(b) require the member—

(i) to inform the paying officer, in writing, within the time specified for the purpose in the notice, whether the judgment has been satisfied; and

(ii) if—

(a) the member claims the judgment has been satisfied, to furnish evidence in support of the claim; or

(b) the member admits that the judgment has not been satisfied, to state the amount then due under the judgment.

“(3) If the member—

(a) fails, within the time specified for the purpose in the notice, to satisfy the paying officer that the judgment has been satisfied; or

(b) admits that the judgment has not been satisfied,

SCHEDULE 1—continued

the paying officer shall, subject to sub-section (13), in relation to each pay-day of the member, cause to be deducted from the salary payable to the member on the pay-day an amount equal to the normal deduction in relation to the member in relation to the pay-day or such lesser amount as is, in the opinion of the paying officer, sufficient to satisfy the amount then due under the judgment.

“(4) There is payable to the Commonwealth, by the judgment creditor, an administration fee, at the prescribed rate, in respect of each amount deducted pursuant to sub-section (3).

“(5) The paying officer shall, subject to sub-section (6), cause an amount equal to each amount deducted pursuant to sub-section (3) to be paid to the judgment creditor.

“(6) Where an amount is deducted pursuant to sub-section (3) and the whole or part of the administration fee payable in respect of the amount has not been paid by the judgment creditor, the paying officer shall—

(a) apply, in or towards payment of the administration fee, the amount of the deduction or so much of the amount of the deduction as is equal to the administration fee; and

(b) if the whole of the amount of the deduction is not applied in accordance with paragraph (a), pay an amount equal to the balance to the judgment creditor.

“(7) Upon the application under sub-section (6) of an amount (in this sub-section referred to as the ‘relevant amount’) in or towards payment of the administration fee payable in respect of an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day—

(a) the judgment creditor shall be deemed to have paid the relevant amount to the Commonwealth in satisfaction or partial satisfaction, as the case requires, of the administration fee;

(b) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the member on account of the salary payable to the member on the pay-day; and

(c) an amount equal to the relevant amount shall also be deemed to have been paid by the member to the judgment creditor in relation to the judgment.

“(8) Upon payment being made to the judgment creditor pursuant to sub-section (5) or (6) of an amount (in this sub-section referred to as the ‘relevant amount’) in relation to an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day—

(a) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the member on account of the salary payable to the member on the pay-day; and

(b) an amount equal to the relevant amount shall also be deemed to have been paid by the member to the judgment creditor in relation to the judgment.

“(9) When the judgment has been satisfied, the judgment creditor shall forthwith notify the paying officer accordingly.

Penalty: $500 or imprisonment for 3 months.

“(10) If the amounts deemed, by virtue of paragraphs (7) (c) and (8) (b), to have been paid by the member to the judgment creditor exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the member, and, in default of repayment, may be recovered, by action in a court of competent jurisdiction, as a debt due by the judgment creditor to the member.

“(11) Where, in relation to an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day, an amount is, by virtue of paragraph (7) (c), deemed to have been paid by the member to the judgment creditor and an amount is, by virtue of paragraph (8) (b), deemed to have been paid by the member to the judgment

SCHEDULE 1—continued

creditor, then, for the purposes of sub-section (10), the last-mentioned amount shall be deemed to have been paid after the second-mentioned amount.

“(12) If the member ceases to be a member before the paying officer is notified that the judgment has been satisfied, the paying officer shall forthwith inform the judgment creditor, in writing, of the fact that the member has ceased to be a member and the date on which the member ceased to be a member.

“(13) If the paying officer is satisfied that the deduction of the amount that the paying officer would, but for this sub-section, be required to deduct from the salary payable to the member on a pay-day would cause severe hardship to the member, the paying officer may deduct a lesser amount in relation to the pay-day.

“(14) Where copies of more than one judgment, and statutory declarations in relation to those judgments, are served under sub-section (1) in relation to a member, the judgments shall be dealt with under this section in the order in which copies of the judgments are served under that sub-section.

“(15) Sub-sections (1) to (14) (inclusive) do not apply to a member—

(a) who is a bankrupt; or

(b) in relation to whom a deed of assignment, a deed of arrangement or a composition is in force under the Bankruptcy Act 1966.

“(16) In this section—

‘net salary’, in relation to a member in relation to a pay-day, means the amount of salary payable by the Commonwealth to the member on the pay-day after deductions have been made—

(a) pursuant to Division 2 of Part VI of the Income Tax Assessment Act 1936;

(b) pursuant to Part III of the Defence Force Retirement and Death Benefits Act 1973; and

(c) for purposes prescribed for the purpose of this paragraph;

‘member’ means a member of the Defence Force rendering continuous full-time service;

‘normal deduction’, in relation to a member in relation to a pay-day, means an amount equal to 20% of the net salary of the member in relation to the pay-day or such greater amount as the member notifies a paying officer, in writing, should be the normal deduction for the purposes of this section in relation to the pay-day;

‘pay-day’, in relation to a member, means a day on which salary is payable to the member;

‘paying officer’ means an officer of the Australian Public Service performing duties in the Department who is appointed by the Secretary, in writing, to be a paying officer for the purposes of this section;

‘salary’, in relation to a member, means any money payable by the Commonwealth to the member by way of salary, and includes any money payable by the Commonwealth to the member by way of an allowance prescribed for the purposes of this definition, but does not include any money payable to the member by way of a weekly payment of compensation under the Compensation (Commonwealth Government Employees) Act 1971”.

Section 123a—

Omit “or by an officer authorized by that chief of staff’ (wherever occurring).

Paragraphs 123a (e) and (f)—

Re-letter paragraphs (e) and (f) as paragraphs (d) and (e) respectively.

SCHEDULE 1—continued

Paragraph 124 (1) (d)—

Omit the paragraph.

Paragraph 147a (1) (a)—

Omit “British subjects”, substitute “Australian citizens”.

Section 148a—

Repeal the section.

Defence Force Discipline Act 1982

After section 86—

Insert the following section:

Oaths, affirmations and affidavits

“86a. (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.

“(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.

“(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.

“(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.”.

After section 101—

Insert the following section in Division 1 of Part VI:

Oaths, affirmations and affidavits

“101aa. (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.

“(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.

“(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.

“(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.”.

Sub-section 111 (1)—

Insert “or in relation to a class of cases in which the particular case is included” after “particular case”.

Sub-section 151 (4)—

Omit “an appropriate legal officer”, substitute “a legal officer”.

Sub-section 151 (6)—

Omit the sub-section.

SCHEDULE 1—continued

Sub-section 154 (1)—

Omit the sub-section, substitute the following sub-section:

“(1) A reviewing authority shall not commence a review without first obtaining a report on the proceedings from—

(a) in the case of a conviction, or a direction given under sub-section 145 (2) or (5), by a court martial or Defence Force magistrate—a legal officer appointed, by instrument in writing, for the purposes of this section by a chief of staff on the recommendation of the Judge Advocate General; or

(b) in any other case—a legal officer.”.

Section 175—

Insert “, or an officer of the Australian Public Service performing duties in the Department,” after “an authorized officer” (wherever occurring).

Sub-section 185 (3)—

Omit “This section has”, substitute “Sub-sections (1) and (2) have”.

Defence Force Discipline Appeals Act 1955

Heading to Part II—

Omit the heading, substitute the following heading:

“PART II—DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL”.

Section 13—

Repeal the section.

Defence Legislation Amendment Act 1984

Schedule 2, proposed amendment of sub-section 92 (1) of the Defence Force Retirement and Death Benefits Act 1973—

Omit “pay on” from the column headed “Omit (wherever occuring)”.

Schedule 3, proposed amendment of sub-section 4 (4) of the Defence Forces Retirement Benefits Act 1948—

Opposite the reference to “(b) ‘thirty-six of this Act’”, insert “36” in the column headed “Substitute”.

Defence (Re-establishment) Act 1965

Section 46a (definition of “Secretary”) and section 49a (definition of “Secretary”)—

Omit “Social Security”, substitute “Community Services”.

Defence (Special Undertakings) Act 1952

Section 4 (definition of “constable”)—

Omit “Police Force”, substitute “police force”.

Sub-section 7 (2)—

Omit “The last preceding sub-section”, substitute “Sub-section (1)”.

SCHEDULE 1—continued

Sub-section 9 (1)—

Omit “eleven of this Act”, substitute “11”.

Section 9—

Omit “seven”, substitute “7”.

Sub-section 11 (4)—

Omit “seven”, substitute “7”.

Sub-section 11 (5)—

Omit “two”, substitute “2”.

Section 12—

(a) Omit “the last preceding section”, substitute “11”.

(b) Omit “two”, substitute “2”.

Section 13—

Omit “seven”, substitute “7”.

Section 14—

Omit “Penalty: Imprisonment for two years.”, substitute “Penalty for contravention of this sub-section: Imprisonment for 2 years.”.

Sub-section 15 (1)—

(a) Omit “the last preceding section”, substitute “section 14”.

(b) Omit “not”.

(c) Insert “not” after “deemed”.

(d) Omit “Rules Publication Act 1903-1939”, substitute “Statutory Rules Publication Act 1903”.

Sub-section 15 (2)—

Omit the sub-section, substitute the following sub-section:

“(2) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under section 14 as if in those provisions references to regulations were references to such orders, references to a regulation were references to such an order and references to a repeal were references to a revocation.”.

Sub-section 15 (3)—

(a) Omit “1901-1950”, substitute “1901”.

(b) Omit “the last preceding section”, substitute “section 14 of this Act”.

(c) Omit “forty-six”, substitute “46”.

Sub-section 15 (4)—

Omit “the last preceding section”, substitute “section 14”.

Sections 16 and 17—

Omit “two”, substitute “2”.

Section 18—

(a) Omit “eleven of this Act”, substitute “11”.

SCHEDULE 1—continued

(b) Omit “nine of this Act”, substitute “9”.

Section 19—

Omit “Director-General of Civil Aviation”, substitute “Secretary to the Department of Aviation”.

Sub-section 20 (2)—

Omit “in pursuance of the last preceding sub-section”, substitute “pursuant to sub-section (1)”.

Section 21—

Omit “fourteen of this Act”, substitute “14”.

Section 23—

Omit “Penalty: Imprisonment for two years.”, substitute “Penalty for contravention of this sub-section: Imprisonment for 2 years.”.

Section 24—

Omit “two”, substitute “2”.

Section 27—

Omit “1947”, substitute “1947”.

Section 29—

Repeal the section, substitute the following section:

Punishment of offences

“29. (1) An offence against this Act is an indictable offence and, subject to sub-sections (2) and (3), is punishable on conviction by a penalty not exceeding the penalty provided by this Act in respect of the offence.

“(2) Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.”.

Section 31—

Omit “Penalty: Imprisonment for five years.”, substitute “Penalty for contravention of this sub-section: Imprisonment for 5 years.”.

Section 32—

Omit “six”, substitute “6”.

Designs Act 1906

Section 36—

Omit “Three years’ imprisonment”, substitute “$5,000 or imprisonment for 2 years, or both”.

SCHEDULE 1—continued

Sub-section 40f (2)—

Omit all the words after “sub-section (1).”, substitute the following:

“Penalty:

(a) in the case of a natural person—$5,000 or imprisonment for 2 years, or both; or

(b) in the case of a body corporate—$25,000.”.

Sub-section 42b (1)—

Add at the foot the following:

“Penalty: $1,000 or imprisonment for 6 months, or both.”.

Sub-section 42b (2)—

Omit “Penalty: $100.”, substitute the following:

“Penalty for contravention of this sub-section:

(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.”.

Section 42c—

Omit “$100”, substitute “$1,000 or imprisonment for 6 months, or both”.

Sub-section 45 (1)—

Omit “Penalty: $200.”, substitute the following:

“Penalty:

(a) in the case of a natural person—$1,000; or

(b) in the case of a body corporate—$5,000.”.

After section 45—

Insert the following section:

Certain offences indictable

“45a. (1) An offence against section 36 or sub-section 40f (2) is an indictable offence.

“(2) Notwithstanding that an offence against section 36 or sub-section 40f (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 36, the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.

“(4) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 40f (2), the penalty that the court may impose is—

(a) if the person is a natural person, a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or

(b) if the person is a body corporate, a fine not exceeding $5,000.”.

SCHEDULE 1—continued

Diplomatic Privileges and Immunities Act 1967

After the definition of “Australian citizen” in sub-section 4 (1)—

Insert the following definition:

“‘Convention’ means the Vienna Convention on Diplomatic Relations, a copy of the English text of which is set out in the Schedule;”.

Sub-section 4 (1) (definition of “the Convention”)—

Omit the definition.

Sub-section 7 (4)—

Omit “as amended and in force at any time”.

Sub-sections 9 (1) and 10 (1)—

Omit “1921”, substitute “Act 1921”.

After section 14—

Insert the following section:

Delegation

“14a. (1) The Minister for Industry, Technology and Commerce may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person all or any of that Minister’s powers under this Act, other than this power of delegation.

“(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 for Industry, Technology and Commerce.

“(3) A delegation under this section does not prevent the exercise of a power by the Minister for Industry, Technology and Commerce.”.

Heading to Schedule—

Omit “THE SCHEDULE”, substitute “SCHEDULE”.

Environment Protection (Alligator Rivers Region) Act 1978

Section 15—

Repeal the section.

Estate Duty Assessment Act 1914

Sub-section 3 (1) (definition of “Administrator”)—

Omit “ ‘Administrator’ ”, substitute “ ‘administrator’ ”.

Sub-section 3 (1) (definition of “Adopted Child”)—

Omit “ ‘Adopted Child’ ”, substitute “ ‘adopted child’ ”.

Sub-section 3 (1) (definition of “Board of Review”)—

Omit “or under that Act as amended”.

Sub-section 3 (1) (definition of “‘Child’ or ‘Children’”)—

Omit “ ‘Child’ or ‘Children’ ”, substitute “ ‘child’ ”.

SCHEDULE 1—continued

After the definition of “ ‘Child’ or ‘Children’ ” in sub-section 3 (1)—

Insert the following definition:

“ ‘Commissioner’ means the Commissioner of Taxation;”.

Sub-section 3 (1) (definition of “Debts”)—

Omit “ ‘Debts’”, substitute “‘debts’”.

Sub-section 3 (1) (definition of “Duty”)—

Omit “ ‘Duty’ ”, substitute “ ‘duty’ ”.

Sub-section 3 (1) (definition of “Estate”)—

Omit “ ‘Estate’ ”, substitute “ ‘estate’ ”.

Sub-section 3 (1) (definition of “Gift inter vivos”)—

Omit “ ‘Gift inter vivos’ ”, substitute “ ‘gift inter vivos’ ”.

Sub-section 3 (1) (definition of “Member of the family”)—

Omit “ ‘Member of the family’ ”, substitute “ ‘member of the family’ ”.

Sub-section 3 (1) (definition of “Settlement”)—

Omit “ ‘Settlement’ ”, substitute “ ‘settlement’ ”.

Sub-section 3 (1) (definition of “Supreme Court”)—

Omit “a” (first occurring), substitute “the”.

Sub-section 3 (1) (definition of “The Commissioner”)—

Omit the definition.

Sub-section 3 (2)—

Omit “ ‘Member of the family’ ”, substitute “ ‘member of the family’ ”.

Section 4—

Omit “, subject to the control of the Minister,”.

Paragraph 8 (4) (a)—

Omit “three years” (wherever occurring), substitute “3 years”.

Paragraph 8 (4) (b)—

Omit “three”, substitute “3”.

Paragraph 8 (4) (c)—

Omit “three”, substitute “3”.

Sub-section 8 (4a)—

(a) Omit “paragraph (f) of the last preceding sub-section”, substitute “paragraph (4) (f)”.

(b) Omit “three per centum”, substitute “3%”.

Sub-paragraph 8 (5) (c) (i)—

Omit “the last preceding paragraph”, substitute “paragraph (b)”.

SCHEDULE 1—continued

Paragraph 8 (6) (a)—

Omit “, or of that Act as amended and in force at any time”.

Sub-section 8aa (1) (paragraph (b) of the definition of “civilian accompanying the United States Forces”)—

Omit “Government of the Commonwealth”, substitute “Australian Government”.

After the definition of “foreign employee” in sub-section 8aa (1)—

Insert the following definitions:

“ ‘Joint Defence Space Research Facility’ means the undertaking the establishment of which is provided for by an agreement dated 9 December 1966 between the Government of Australia and the Government of the United States of America;

‘North West Cape naval communication station’ means the naval communication station the establishment of which is provided for by the agreement approved by the United States Naval Communication Station Agreement Act 1963”.

Sub-section 8aa (1) (paragraph (b) of the definition of “prescribed contract”)—

Omit “the last preceding paragraph”, substitute “paragraph (a)”.

Sub-section 8aa (1) (paragraph (b) of the definition of “prescribed purposes”)—

Omit “Government of the Commonwealth”, substitute “Australian Government”.

Sub-section 8aa (1) (definitions of “the Joint Defence Space Research Facility”, “the North West Cape naval communication station” and “the United States Forces”)—

Omit the definitions.

Sub-section 8aa (1)—

Add at the end the following definition:

“‘United States Forces’ means the armed forces of the Government of the United States of America.”.

Sub-section 8aa (2)—

Omit “Government of the Commonwealth”, substitute “Australian Government”.

Sub-section 8aa (4)—

Omit “The last preceding sub-section”, substitute “Sub-section (3)”.

Paragraph 8a (1) (b)—

Omit “five”, substitute “5”.

Paragraph 8a (3) (a)—

(a) Omit “one”, substitute “1”.

(b) Omit “fifty per centum”, substitute “50%”.

Paragraph 8a (3) (b)—

(a) Omit “one”, substitute “1”.

(b) Omit “two”, substitute “2”.

(c) Omit “forty per centum”, substitute “40%”.

Paragraph 8a (3) (c)—

(a) Omit “two”, substitute “2”.

SCHEDULE 1—continued

(b) Omit “three”, substitute “3”.

(c) Omit “thirty per centum”, substitute “30%”.

Paragraph 8a (3) (d)—

(a) Omit “three”, substitute “3”.

(b) Omit “four”, substitute “4”.

(c) Omit “twenty per centum”, substitute “20%”.

Paragraph 8a (3) (e)—

(a) Omit “four”, substitute “4”.

(b) Omit “five”, substitute “5”.

(c) Omit “ten per centum”, substitute “10%”.

Sub-paragraph 8a (4) (a) (ii)—

Omit “(4) of section 8”, substitute “8 (4)”.

Paragraph 8a (4) (b)—

Omit “(f) of sub-section (4) of section 8”, substitute “8 (4) (f)”

Paragraph 8a (5) (c)—

Omit “(6) or sub-section (7) of section 8”, substitute “8 (6) or (7)”.

Paragraph 8a (5) (d)—

Omit “(6) or sub-section (7) of section 8”, substitute “8 (6) or (7)”.

Sub-section 9 (1)—

(a) Omit “three”, substitute “3”.

(b) Omit “Five thousand pounds” (wherever occurring), substitute “$10,000”.

Sub-section 9 (1a)—

Omit “three”, substitute “3”.

Sub-section 9 (1b)—

(a) Omit “1956-1962”, substitute “1956”.

(b) Omit “three”, substitute “3”.

Sub-section 9 (2)—

Omit “any of the preceding provisions of this section”, substitute “sub-section (1), (1a) or (1b)”.

Sub-section 9 (3)—

(a) Omit “1920-1962” (wherever occurring), substitute “1920”.

(b) Omit “1956-1962”, substitute “1956”.

Paragraph 9 (4) (a)—

Omit” 1920-1962”, substitute “1920”.

Paragraph 9 (4) (b)—

Omit “1956-1962”, substitute “1956”.

SCHEDULE 1—continued

Sub-section 9a (1) (sub-paragraph (b) (ii) of the definition of “family company”)—

Omit “five per centum”, substitute “5%”.

Sub-section 9a (1) (paragraph (b) of the definition of “gross farm income”)—

(a) Omit “the last preceding paragraph”, substitute “paragraph (a)”.

(b) Omit “that paragraph”, substitute “paragraph (a)”.

Sub-section 9a (1) (definition of “gross income”)—

(a) Omit “the last preceding paragraph”, substitute “paragraph (a)”.

(b) Omit “that paragraph”, substitute “paragraph (a)”.

Sub-section 9a (1) (definition of “income”)—

Omit “1936-1969”, substitute “1936”.

Sub-section 9a (1) (paragraph (e) of the definition of “relative”)—

Omit “the last preceding paragraph”, substitute “paragraph (d)”.

Sub-section 9a (1) (paragraph (f) of the definition of “relative”)—

Omit “any of the last three preceding paragraphs”, substitute “paragraph (c), (d) or (e)”

Sub-section 9a (1) (paragraph (a) of the definition of “year of income”)—

(a) Omit “the next succeeding paragraph”, substitute “paragraph (b)”

(b) Omit “twelve”, substitute “12”.

Sub-section 9a (1) (paragraph (b) of the definition of “year of income”)—

(a) Omit “1936-1969”, substitute “1936”.

(b) Omit “twelve” (wherever occurring), substitute “12”.

Sub-section 9a (2)—

Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Sub-section 9a (5)—

Omit “(4) of section 8”, substitute “8 (4)”.

Sub-section 9a (7)—

Omit “(5) of section 8”, substitute “8 (5)”.

Sub-section 9a (8)—

Omit “(4) of section 8”, substitute “8 (4)”.

Paragraph 9b (1) (a)—

Omit “twelve”, substitute “12”.

Paragraph 9b (1) (b)—

Omit “four”, substitute “4”.

Paragraph 9b (2) (a)—

Omit “twelve”, substitute “12”.

SCHEDULE 1—continued

Paragraph 9b (2) (b)—

Omit “three”, substitute “3”.

Paragraph 9c (1) (a)—

Omit “(a), (b), (c), (e) or (f) of sub-section (4) of section 8”, substitute “8 (4) (a), (b), (c), (e) or (f)”

Sub-section 9c (2)—

(a) Omit “The last preceding sub-section”, substitute “Sub-section (1)”.

(b) Omit “(d) of sub-section (2) of the next succeeding section”, substitute “9d (2) (d)”.

Sub-section 9d (2)—

Omit “the next succeeding section”, substitute “section 9e”.

Sub-section 9d (3)—

Omit “the last preceding sub-section”, substitute “sub-section (2)”.

Paragraph 9d (4) (a)—

Omit “the next succeeding paragraph”, substitute “paragraph (b)”.

Paragraph 9d (4) (b)—

Omit “(a) of sub-section (4) of section 8”, substitute “8 (4) (a)”.

Sub-section 9d (5)—

Omit “(a) or paragraph (b) of the last preceding sub-section”, substitute “(4) (a) or (b)”.

Sub-section 9d (6)—

Omit “(d) of sub-section (2)”, substitute “(2) (d)”.

Sub-section 9d (7)—

(a) Omit “the next succeeding sub-section”, substitute “sub-section (8)”.

(b) Omit “(d) of sub-section (2)”, substitute “(2) (d)”.

Paragraph 9d (8) (a)—

Omit “thirty”, substitute “30”.

Sub-paragraph 9d (8) (b) (i)—

(a) Omit “sub-section (4) of section 24”, substitute “sub-section 24 (4)”.

(b) Omit “thirty”, substitute “30”.

Sub-paragraph 9d (8) (b) (ii)—

(a) Omit “thirty”, substitute “30”.

(b) Omit “Court”, substitute “court”.

Sub-paragraph 9e (3) (a) (i)—

Omit “fifty per centum”, substitute “50%”.

Sub-paragraph 9e (3) (a) (ii)—

(a) Omit “fifty per centum”, substitute “50%”.

SCHEDULE 1—continued

(b) Omit “one-tenth of one per centum”, substitute “0.1 %”.

Paragraph 9e (3) (b)—

(a) Omit “(d) of sub-section (2) of the last preceding section”, substitute “9d (2) (d)”.

(b) Omit “(4) of that section”, substitute “9d (4)”.

Paragraph 9e (3) (d)—

(a) Omit “(6) or sub-section (7) of section 8”, substitute “8 (6) or (7)”.

(b) Omit “(d) of sub-section (2) of the last preceding section”, substitute “9d (2) (d)”.

(c) Omit “(4) of that section”, substitute “9d (4)”.

Sub-section 16a (1)—

Omit “the next succeeding section”, substitute “section 16b”.

Paragraph 16a (1) (c)—

Omit “the last two preceding paragraphs”, substitute “paragraphs (a) and (b)”.

Sub-section 16a (2)—

(a) Omit “Court”, substitute “court”.

(b) Omit “the last preceding sub-section”, substitute “sub-section (1)”.

Paragraph 16b (a)—

Omit “(d) of sub-section (2) of section 9d”, substitute “9d (2) (d)”.

Section 16b—

Omit “(4) of section 9d”, substitute “9d (4)”.

Paragraph 17 (1) (c)—

(a) Omit “Federal” (wherever occurring), substitute “Commonwealth”.

(b) Omit “1936-1941”, substitute “1936”.

(c) Omit “, or of that Act as amended at any time,”.

Paragraph 17 (1) (d)

Omit “Federal”, substitute “Commonwealth”.

Sub-section 17 (1a)—

(a) Omit “the last preceding sub-section”, substitute “sub-section (1)”.

(b) Omit “(5) of section 8aa”, substitute “8aa (5)”.

Paragraph 17 (2) (a)—

(a) Omit “1936-1944,”, substitute “1936”.

(b) Omit “, or of either of those Acts as amended at any time”.

Paragraph 20 (2) (a)—

Omit “twelve”, substitute “12”.

Paragraph 20 (2) (b)—

Omit “three”, substitute “3”.

SCHEDULE 1—continued

Sub-section 20 (3)—

Omit “three”, substitute “3”.

Sub-section 20 (4)—

Omit “three”, substitute “3”.

Sub-section 20 (5)—

Omit “three”, substitute “3”.

Sub-section 20 (6)—

Omit “three”, substitute “3”.

Sub-section 20 (7a)—

Omit “(4) of section 9d”, substitute “9d (4)”.

Paragraph 20 (7a) (b)—

Omit “(d) of sub-section (2) of section 9d”, substitute “9d (2) (d)”.

Sub-section 24 (1)—

Omit “thirty”, substitute “30”.

Sub-section 24 (1a)—

(a) Omit “(d) of sub-section (2) of section 9d”, substitute “9d (2) (d)”.

(b) Omit “(4) of that section”, substitute “9d (4)”.

(c) Omit “the last preceding sub-section”, substitute “sub-section (1) of this section”.

Sub-section 24 (4)—

Omit “thirty”, substitute “30”.

Sub-section 24 (4a)—

Omit “(a) of sub-section (4)”, substitute “(4) (a)”.

Sub-section 26 (3)—

Omit “the next succeeding sub-section”, substitute “sub-section (4)”.

Sub-section 26 (4)—

Omit “the next succeeding sub-section”, substitute “sub-section (5)”.

Sub-section 28d (1)—

Omit “the date of commencement of this section”, substitute “15 May 1979”.

Sub-section 29 (1)—

(a) Omit “(b), (c) or (d) of sub-section (3) of section 34”, substitute “34 (3) (b), (c) or (d)”.

(b) Omit “(a) of section 35a”, substitute “35a (a)”.

(c) Omit “thirty”, substitute “30”.

Section 30—

Omit “the last preceding section”, substitute “section 29”.

SCHEDULE 1—continued

Sub-section 32 (1)—

Omit “the King on behalf of”.

Sub-section 34 (4)—

Omit “the last preceding sub-section,” substitute “sub-section (3)”.

Paragraph 35 (1) (a)—

Omit “The duty”, substitute “the duty”.

Paragraph 35 (1) (b)—

Omit “Where”, substitute “where”.

Paragraph 35a (1) (b)—

Omit “the last preceding paragraph”, substitute “paragraph (a)”.

Sub-section 37 (1)—

Omit “part of the Commonwealth” (wherever occurring), substitute “Territory”.

Sub-section 38 (1)—

Omit “the last two preceding sections”, substitute “sections 36 and 37”.

Sub-sections 45 (1) and (2)—

Omit “, a Second Commissioner or a Deputy Commissioner”.

Export Control Act 1982

Section 3 (definition of “animal”)—

Omit “man”, substitute “a human being”.

Sub-section 6 (1)—

Omit “his”, substitute “the person’s”.

Paragraphs 8 (1) (b), (2) (b), (3) (b) and (4) (b)—

Insert “or her” after “his” (wherever occurring).

Sub-section 8 (6)—

Omit “he”, substitute “the person”.

Section 9—

Omit “he” (wherever occurring), substitute “the person”.

Sub-sections 10 (3), (6) and (8) and 11 (1)—

Omit “he” (wherever occurring), substitute “the authorized officer”.

Section 12—

Omit “his”, substitute “the authorized officer’s”.

Section 13—

Omit “his” (wherever occurring), substitute “the authorized officer’s”.

SCHEDULE 1—continued

Paragraphs 14 (a), (b) and (c)—

 Insert “or her” after “his”.

Sub-section 19 (1)—

(a) Omit “him”, substitute “the Secretary”.

(b) Omit “his”, substitute “the Secretary’s”.

Section 20—

Omit “him”, substitute “the Secretary”.

Sub-section 21 (2)—

(a) Omit “him”, substitute “the person”.

(b) Omit “he” (wherever occurring), substitute “the person”.

Section 22—

Omit “him” (wherever occurring), substitute “the authorized officer”.

Section 23—

Omit “he”, substitute “the Secretary”.

Sub-section 24 (1)—

(a) Omit “him”, substitute “the Secretary”.

(b) Omit “he”, substitute “the registered owner”.

Sub-section 25 (7)—

(a) Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

(b) Omit “of State for Primary Industry”, substitute “administering this Act”.

Export Finance and Insurance Corporation Act 1974

Section 65—

Repeal the section.

Export Market Development Grants Act 1974

Section 35—

Repeal the section.

Family Law Act 1975

Sub-section 114m (3)—

Omit the sub-section.

Federal Court of Australia Act 1976

Section 24—

Add at the end the following sub-section:

“(6) In sub-sections (1) and (2) , ‘Supreme Court of a Territory’ does not include the Supreme Court of the Northern Territory.”.

SCHEDULE 1—continued

Federal Proceedings (Costs) Act 1981

Sub-section 3(1) (definition of “costs certificate”)—

Insert “7a (1),” after “7 (1),”.

After section 7—

Insert the following section:

Costs certificates for appellants where no respondent

“7a. (1) Subject to this Act, where a Federal appeal succeeds on a question of law and there is no respondent to the appeal, the court that heard the appeal may, on the application of the appellant, grant to the appellant a costs certificate in respect of the appeal.

“(2) The certificate that may be granted under sub-section (1) by a court to an appellant is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney-General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.”.

Sub-section 8 (2)—

Omit “on indictment” (wherever occurring), substitute “(whether on indictment or otherwise)”.

Section 11—

Omit “7 or”, substitute “7, 7a or”.

Section 21—

Add at the end the following sub-section:

“(4) A court is not empowered to grant a costs certificate under sub-section 7a (1) in respect of a Federal appeal instituted, or leave for which was granted, before the commencement of this sub-section.”.

Gift Duty Assessment Act 1941

Section 2—

Omit “the twenty-ninth day of October, One thousand nine hundred and forty-one”, substitute “29 October 1941”.

Sub-section 4 (1) (definition of “Board of Review”)—

Omit “Income Tax and Social Services Contribution Assessment Act 1936-1957”, substitute “Income Tax Assessment Act 1936”.

After the definition of “child” in sub-section 4 (1)—

Insert the following definition:

“‘Commissioner’ means the Commissioner of Taxation;”.

Sub-section 4 (1) (definition of “the Commissioner”)—

Omit the definition.

Sub-section 4 (2)—

Insert “in sub-section (1)” after “the definition of ‘disposition of property’”.

Sub-section 10 (3)—

Omit “Court” (wherever occurring), substitute “court”.

SCHEDULE 1—continued

Paragraph 10 (4) (c)—

(a) Omit “Authority” (wherever occurring), substitute “authority”.

(b) Omit “Stamp Duties or Succession Duties”, substitute “stamp duties or succession duties”.

Paragraph 10 (4) (ca)—

(a) Omit “Authority”, substitute “authority”.

(b) Omit “Gift Duty”, substitute “gift duty”.

Paragraph 10 (4) (d)—

Omit “Director-General of Social Services”, substitute “Secretary to the Department of Social Security”.

Sub-section 10 (5)—

(a) Omit “the last preceding sub-section”, substitute “sub-section (4)”.

(b) Omit “of this section”.

Section 11—

Omit “the date of commencement of this Act”, substitute “29 October 1941”.

Paragraph 13 (f)—

Omit “the foregoing provisions of this section”, substitute “paragraphs (a), (b), (c), (d) and (e)”.

Paragraph 14 (1) (i)—

Omit “(i) any”, substitute “(j) any”.

Sub-paragraph 14 (1) (i) (i)—

(a) Omit “eighteen” (wherever occurring), substitute “18”.

(b) Omit “One hundred dollars”, substitute “$100”.

Sub-section 15 (1) (paragraph (b) of the definition of “civilian accompanying the United States Forces”)—

Omit “Government of the Commonwealth”, substitute “Australian Government”.

After the definition of “foreign employee” in sub-section 15 (1)—

Insert the following definitions:

“ ‘Joint Defence Space Research Facility’ means the undertaking the establishment of which is provided for by an agreement dated 9 December 1966 between the Government of Australia and the Government of the United States of America;

‘North West Cape naval communication station’ means the naval communication station the establishment of which is provided for by the agreement approved by the United States Naval Communication Station Agreement Act 1963;”.

Sub-section 15 (1) (paragraph (b) of the definition of “prescribed contract”)—

Omit “the last preceding paragraph”, substitute “paragraph (a)”.

Sub-section 15 (1) (paragraph (b) of the definition of “prescribed purposes”)—

Omit “Government of the Commonwealth”, substitute “Australian Government”.

SCHEDULE 1—continued

Sub-section 15(1) (definitions of “the Joint Defence Space Research Facility”, “the Northwest Cape Naval communication station” and “the United States Forces”)—

Omit the definitions.

Sub-section 15 (1)—

Add at the end the following definition:

“‘United States Forces’ means the armed forces of the Government of the United State of America.”.

Sub-section 15 (2)—

Omit “Government of the Commonwealth”, substitute “Australian Government”.

Sub-section 15 (4)—

Omit “The last preceding sub-section”, substitute “Sub-section (3)”.

Section 16—

Omit “either of the last two preceding sections”, substitute “section 14 or 15”.

Paragraph 18 (2) (a)—

Omit “The value”, substitute “the value”.

Paragraph 18 (2) (b)—

Omit “No regard”, substitute “no regard”.

Paragraph 18 (2) (c)—

(a) Omit “Where”, substitute “where”.

(b) Omit “the last two preceding paragraphs”, substitute “paragraphs (a) and (b)”.

Sub-section 18 (3)—

(a) Omit “Court”, substitute “court”.

(b) Omit “the last preceding sub-section”, substitute “sub-section (2)”.

Sub-section 19 (1)—

(a) Omit “eighteen”, substitute “18”.

(b) Omit “Seven thousand five hundred dollars”, substitute “$7,500”.

Paragraph 19 (1) (a)—

Omit “one”, substitute “1”.

Paragraph 19 (1) (b)—

Omit “three”, substitute “3”.

Sub-section 19 (4)—

Omit “fourteen or section fifteen of this Act”, substitute “14 or 15”.

Sub-section 25 (2)—

Omit “the King on behalf of”.

Sub-section 29 (1)—

Omit “part of the Commonwealth” (wherever occurring), substitute “Territory”.

SCHEDULE 1—continued

Sub-section 31 (1)—

Omit “thirty”, substitute “30”.

Sub-section 31 (4)—

Omit “thirty”, substitute “30”.

Sub-section 31 (4a)—

Omit “(a) of sub-section (4)”, substitute “(4) (a)”.

Sub-section 33 (3)—

Omit “the next succeeding sub-section”, substitute “sub-section (4)”.

Sub-section 33 (4)—

Omit “the next succeeding sub-section”, substitute “sub-section (5)”.

Section 35—

Omit “the date of commencement of this section”, substitute “15 May 1979”.

Sub-section 38a (1)—

Omit “the date of commencement of this section”, substitute “15 May 1979”.

Sub-section 39 (3)—

Omit “Regulations”, substitute “regulations”.

Section 40—

(a) Omit “fifty-two a”, substitute “52a”.

(b) Omit “1911-1940”, substitute “1911”.

Great Barrier Reef Marine Park Act 1975

Section 3—

Add at the end the following sub-section:

“(4) A reference in this Act (other than in this sub-section) to an offence against this Act includes a reference to an offence against—

(a) section 6, 7 or 7a of the Crimes Act 1914; or

(b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section, being an offence that relates to an offence against this Act.”.

After paragraph 7 (1) (cc)—

Insert the following paragraph:

“(cd) to provide, and arrange for the provision of, educational, advisory and informational services relating to the Marine Park;”.

Sub-section 7 (1a)—

Omit “or (cb)”, substitute “, (cb) or (cd)”.

After sub-section 7 (1a)—

Insert the following sub-section:

“(1b) The Authority is responsible for the management of the Marine Park.”.

SCHEDULE 1—continued

Sections 18 and 19—

Repeal the sections.

Sub-section 38 (4)—

Omit “$1,000 for each day during which the offence continues”, substitute “$50,000”.

Section 38—

Add at the end the following sub-sections:

“(5) An offence against sub-section (4) is an indictable offence.

“(6) Notwithstanding that an offence against sub-section (4) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

“(7) Where, in accordance with sub-section (6), a court of summary jurisdiction convicts a person of an offence against sub-section (4), the penalty that the court may impose is a fine not exceeding $10,000.”.

Section 47—

Add at the end the following sub-section:

“(10) A reference in sub-section (1) to a conviction of a person of an offence against this Act includes a reference to the making of an order under section 19b of the Crimes Act 1914 in relation to the person in respect of an offence against this Act.”.

Sub-section 48 (5)—

Omit “(1) or”.

Paragraph 49 (a)—

(a) Omit “$1,000”, substitute “$2,000”.

(b) Omit “6”, substitute “12”.

Paragraph 49 (b)—

Omit “$2,000”, substitute “$5,000”.

Paragraph 50 (a)—

(a) Omit “$1,000”, substitute “$2,000”.

(b) Omit “6”, substitute “12”.

Paragraph 50 (b)—

Omit “$2,000”, substitute “$5,000”.

Sub-section 58 (7)—

Omit “$200”, substitute “$500”.

Sub-section 66 (5)—

Omit “2”, substitute “3”.

SCHEDULE 1—continued

Health Insurance Act 1973

After the definition of “Australia” in sub-section 3 (1)—

Insert the following definition:

“‘Australian Capital Territory Health Authority’ means the Australian Capital Territory Health Authority established under the Health Services Ordinance 1975 of the Australian Capital Territory;”.

Sub-section 3 (1) (definition of “Secretary”)—

Omit “of”, substitute “to”.

Sub-section 3 (3a)—

Omit “Capital Territory Health Commission”, substitute “Australian Capital Territory Health Authority”.

Sub-section 6 (8)—

Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

Sub-section 16c (1) (sub-paragraph (d) (i) of definition of “eligible applicant”)—

Omit “Permanent Head of the Department of Health”, substitute “Secretary to the Department”.

Sub-section 17 (7)—

Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

Sub-section 23g (1) (definition of “prescribed hospital authority”)—

Omit the definition, substitute the following definition:

“‘prescribed hospital authority’ means the Australian Capital Territory Health Authority;”.

Sub-section 23h (5)—

Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.

Sub-section 130a (1)—

Omit “Director-General”, substitute “Secretary to the Department of Social Security”.

Health Insurance Commission Act 1973

Section 30—

Repeal the section.

High Court of Australia Act 1979

Section 29—

Repeal the section.

Historic Shipwrecks Act 1976

Sub-section 2 (7)—

(a) Omit “he”, substitute “the Governor-General”.

SCHEDULE 1—continued

(b) Omit “for him”.

Sub-section 2 (9b)—

(a) Omit “he”, substitute “the Governor-General”.

(b) Omit “for him”.

Sub-section 3 (1) (definition of “Australian waters”)—

Omit “(not being waters within the limits of a State)”, substitute “(not being State waters)”.

Sub-section 3 (1) (definition of “historic relic”)—

Insert before paragraph (a) of the definition:

“(aa) an article in respect of which a declaration under sub-section 4a (6) or (7) is applicable;”.

Sub-section 3 (1) (definition of “historic shipwreck”)—

Insert before paragraph (a) of the definition:

“(aa) the remains of a ship in respect of which a declaration under sub-section 4a (1) or (2) is applicable;”.

After the definition of “ship” in sub-section 3 (1)—

Insert the following definition:

“‘State waters’ means waters of the sea that are within the limits of a State.”.

Sub-section 3 (2)—

Omit the sub-section, substitute the following sub-sections:

“(2) A reference in this Act to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, being situated in waters, includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be—

(a) being situated in, or forming part of, the seabed or the subsoil of the seabed, beneath those waters; or

(b) being situated on, or forming part of, a reef in those waters.

“(2a) A reference in this Act to the remains of a ship, to part of the remains of a ship, to an article or articles or to part of an article, having been removed from waters includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be—

(a) having been washed away from those waters;

(b) having been removed, or washed away, from the seabed, or the subsoil of the seabed, beneath those waters; or

(c) having been removed, or washed away, from a reef in those waters.”.

Section 4—

Repeal the section, substitute the following sections:

Wrecks, &c, partly in Australian waters and partly in State waters

“3a. (1) Where—

(a) part of a ship is situated in, or has been removed from, Australian waters;

(b) another part of that ship is situated in, or has been removed from, waters of the sea that are within the limits of a State; and

SCHEDULE 1—continued

(c) a Minister of the Crown of the State has informed the Minister, in writing, that the Government of the State has no objection to the making of a declaration under this section in respect of the part referred to in paragraph (b),

the Minister may declare, in writing, that the part referred to in paragraph (b) shall, for the purposes of this Act (other than this section and sections 7 and 13) be deemed to be a part that is situated in, or has been removed from, Australian waters, as the case requires, and, where such a declaration is made, that declaration has effect accordingly.

Application and extension of Act

“3b. Subject to section 2, this Act applies both within and outside Australia and extends to every external Territory.

Act to bind Crown

“4. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.”.

Before section 5 in Part II—

Insert the following section:

Shipwrecks and relics associated with State or Territory may be declared to be historic

“4a. (1) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this sub-section in relation to the State, the Minister may, by notice in writing published in the Gazette, declare all remains of ships (whether or not the existence and location of the remains are known) that are—

(a) situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State; and

(b) at least 75 years old,

to be historic shipwrecks, and, where such a declaration is made, the declaration extends to remains (including remains that come into existence, because of a shipwreck or otherwise, after the making of the declaration) that, after the making of the declaration, become remains to which paragraphs (a) and (b) apply.

“(2) The Minister may, by notice in writing published in the Gazette, declare all remains of ships (whether or not the existence and location of the remains are known) that are—

(a) situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of a Territory; and

(b) at least 75 years old,

to be historic shipwrecks, and, where such a declaration is made, the declaration extends to remains (including remains that come into existence, because of a shipwreck or otherwise, after the making of the declaration) that, after the making of the declaration, become remains to which paragraphs (a) and (b) apply.

“(3) Subject to sub-section (10) where—

(a) the whole of the remains of a ship have been removed from waters; and

(b) if the remains had not been so removed, a declaration under sub-section (1) or (2) would have applied in relation to those remains,

the declaration applies in relation to those remains.

“(4) Subject to sub-section (10), where—

(a) part of the remains of a ship has been removed from waters; and

(b) a declaration made under sub-section (1) or (2) applies in relation to the part of the remains remaining in those waters,

SCHEDULE 1—continued

the declaration applies also in relation to the part of the remains that has been removed from those waters.

“(5) Subject to sub-section (10), where—

(a) a declaration under sub-section (1) or (2) applies in relation to the remains of a ship situated in waters; and

(b) part of the remains of the ship is, or the whole of the remains of the ship are, removed from those waters,

the declaration continues to apply in relation to the part, or to the whole, of those remains.

“(6) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this sub-section in relation to the State, the Minister may, by notice in writing published in the Gazette, declare every article (whether or not the existence and location of the article is known) that—

(a) was associated with a ship;

(b) is situated in Australian waters, or waters above the continental shelf of Australia, adjacent to the coast of the State; and

(c) either—