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Act No. 91 of 1976 as made
An Act to amend certain Acts in consequence of certain Administrative Changes, and to provide for related matters
Date of Assent 20 Sep 1976
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015
 

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91, 1976

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91 of 1976 - SECT. 1.
Short title.

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976

No. 91 of 1976
An Act to amend certain Acts in consequence of certain Administrative Changes, and to provide for related matters.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:-
1. This Act may be cited as the Administrative Changes (Consequential Provisions) Act 1976.*1*

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91 of 1976 - SECT. 2.
Commencement.

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

(2) The amendments of the Administrative Appeals Tribunal Act 1975 made by this Act shall be deemed to have come into operation on the date of commencement of that Act.

(3) The amendments of the Child Care Act 1972 made by this Act shall be deemed to have come into operation on 23 June 1976.

(4) The amendments of the Cities Commission (Repeal) Act 1975 made by this Act shall be deemed to have come into operation on the date of commencement of that Act.

(5) The amendment of the National Health Amendment Act 1976 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.*1*

(6) The amendments of the Roads Grants Act 1974 made by this Act shall be deemed to have come into operation on the date of commencement of the Roads Acts Amendment Act 1976.

(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91 of 1976 - SECT. 3.
Amendment of Acts.

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

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91 of 1976 - SECT. 4.
Validity of actions under Acts amended by this Act.

4. (1) Subject to sub-sections (2) and (3), any act or thing done or purporting to have been done under, by virtue of or in pursuance of a provision of an Act, being a provision specified in the Schedule, on or after the date on which that provision is deemed to have been amended by this Act and before the commencement of this section shall be deemed to have been done under, by virtue of or in pursuance of that provision as so amended.

(2) Nothing in this Act shall be taken to affect the continued operation of the order made on 22 December 1975 under section 19B of the Acts Interpretation Act 1901 in relation to any reference in an Act or instrument, being a reference not amended by this Act.

(3) Nothing in this Act invalidates any act or thing done before the commencement of this section, being an act or thing that would have been valid if this Act had not been passed.

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ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91 of 1976 - SCHEDULE


SCHEDULE
Section 3

AMENDMENT OF ACTS ------------------------------------------------------------------------------ --
Acts Provisions Amendments ------------------------------------------------------------------------------ --
Administrative Appeals Tribunal Act 1975 Schedule-clauses 10
(1) (a) and (2), 11
(1) and (2) and 26
(1) and (2) Omit ''Police and Customs'',
substitute ''Business and
Consumer Affairs''.
Schedule-clauses 10
(1) (b) and (2) (b) Omit ''Agriculture'' (wherever
occurring), substitute ''Primary

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Industry''.
Aged or Disabled Persons Homes Act 1954 Section 10H (1) Omit ''Department of Social
Services'', substitute
''Department of Social
Security''.
Aged Persons Hostels Act 1972 Section 6 (3) Omit ''Social Services'',
substitute ''Social Security''.
Aliens Act 1947 . . . Section 4 (1)
(definition of
''officer'') Omit ''Immigration'', substitute
''Immigration and Ethnic
Affairs''.
Aluminium Industry Act 1960 Section 8 Omit ''National Development'',
substitute ''National
Resources''.
Atomic Energy Act 1953 Section 19 (2) (a) Omit '', the Territory of
Papua and the Territory of New
Guinea, or any of those
Territories,''.
(b) Omit ''of State for
Territories'', substitute
''administering the Norfolk
Island Act 1957''. Australian Citizenship Act 1948 Section 5 (1)
(definitions of
''Australian
consulate'' and
''the Secretary'') Omit ''Immigration'', substitute
''Immigration and Ethnic
Affairs''.
Australian Housing Corporation Act 1975 Sections 3 (5), 12
(1) (a), 14 (4) and
37 (2) Omit ''Housing and
Construction'', substitute
''Environment, Housing and
Community Development''.
Australian Industry Development Corporation Act 1970 Section 8A (6) (e)

Sections 11 (1), (2),
(3) and (4) (a) and
(4) (b), 16, 19 (5)
and 21A Omit ''Minerals and Energy'',
substitute ''National
Resources''.
(a) Omit ''Minerals and Energy''
(wherever occurring), substitute
''National Resources''.
(b) Omit ''Manufacturing
Industry'' (wherever occurring),
substitute ''Industry and
Commerce''.
Australian National Airlines Act 1945 Section 21 (3) Omit ''Services and Property'',
substitute ''Administrative
Services''.
Bankruptcy Act 1966 . Section 10 (1) and
(3) Before ''Attorney-General'',
insert ''Minister or the''.
Sections 12 (1) (a),
17 (1) and (3), 18
(2), 254 (4), 295
(3), 305 (1) and (2)
and 314 Omit ''Attorney-General''
(wherever occurring), substitute
''Minister''.
Section 313 (2) Omit ''Attorney-General's'',
substitute ''Minister's''.
Boy Scouts' Association Act 1924 Sections 3 and 5 Omit ''Attorney-General'',
substitute ''Minister''.

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Canned Fruits Export Marketing Act 1963 Section 16 (b) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Child Care Act 1972 Section 21 (1) Omit ''Secretary to the
Department of Education'',
substitute ''Permanent Head of
the Department of Social
Security''.
Section 21 (2) and
(4) Omit ''Secretary'', substitute
''Permanent Head''.
Cities Commission (Repeal) Act 1975 Sections 4
(definition of
''authorized
officer'') and 7 Omit ''Urban and Regional
Development'', substitute
''Environment, Housing and
Community Development''.
Civil Aviation (Carriers' Liability) Act 1959 Section 9 (4) Omit ''External Affairs'',
substitute ''Foreign Affairs''.
Commonwealth Police Act 1957 Sections 4 (1) (a), 5
(2), (3) (b), (3) (c)
and (4), 8 (1), 9
(2), 10 (1) and (2),
11, 12 (1) and 12 (3) Omit ''Attorney-General''
(wherever occurring), substitute
''Minister''.
Conciliation and Arbitration Act 1904 Sections 54 (1) and
125 (2A), (6) and (8) Omit ''Labour'', substitute
''Employment and Industrial
Relations''.
Consular Fees Act 1955 Section 3 (b) Omit ''External Affairs'',
substitute ''Foreign Affairs''.
Consular Privileges and Immunities Act 1972 Sections 6 (1) (a),
(1) (b) (i) and (ii)
and (2) (c), and 7
(2) (c), (3) and (4)
(a) and (b) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Continental Shelf (Living Natural Resources) Act 1968 Section 5 (1) (a) Omit the definitions of
''Australia'' and ''Australian
continental shelf'', substitute-
'' 'Australia' includes the
Territory of Ashmore and Cartier
Islands;
'Australian continental
shelf' means the continental
shelf adjacent to the coast of
Australia (including the
continental shelf adjacent to the
Territory of Ashmore and Cartier
Islands);''.
(b) In the definition of
''officer''-
(i) Omit from paragraph (a)
''to the Department of Primary
Industry, or by the Secretary to
the Department of External
Territories,''; and
(ii) Omit from paragraph (b)
''to the Department of Primary
Industry''.
Section 5 (4) Omit the sub-section, substitute-
''(4) In this Act-

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(a) a reference to the
Minister is a reference to the
Minister of State for Primary
Industry;
(b) a reference to the
Secretary is a reference to the
Secretary to the Department of
Primary Industry; and
(c) a reference to the
Department is a reference to the
Department of Primary
Industry.''.
Section 6 Repeal the section.
Section 6A (1) (a) Omit ''to the Department of
Primary Industry''.
(b) Omit ''of State for Primary
Industry'' (wherever occurring).
Section 6A (2) Omit the sub-section.
Section 10 (1) (a) Omit ''a Minister of State,
or the Secretary to a Department,
on whom powers or functions are
conferred by this Act'',
substitute ''the Minister or the
Secretary''.
(b) Omit ''those'', substitute
''his''.
Section 10 (1A) Omit the sub-section.
Section 10 (2) Omit the sub-section.
Sections 11, 12, 13,
13A, 18 (6), 20 (1B),
21, 22 and 23 Omit ''appropriate'' (wherever
occurring).
Sections 13 (10) and
20 (1) Omit ''of State for Primary
Industry''.
Section 20 (1A) Omit ''of State for External
Territories''.

Copyright Act 1968 . . Section 135 (6) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Customs Act 1901 . . . Section 4 (1)
(definition of ''The
Customs'') Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Delivered Meals Subsidy Act 1970 Section 11 (1) Omit ''Department of Social
Services'', substitute
''Department of Social
Security''.

Diplomatic Privileges and Immunities Act 1967 Sections 8 (2) and
(3) (a) and (b) and 9
(2) and (3) (a) and
(b) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Excise Act 1901 . . . Section 4 (1)
(definition of ''The
Customs'') Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Export Incentive Grants Act 1971 Section 4 (1)
(definition of ''the
Secretary'') Omit ''Trade and Industry'',
substitute ''Overseas Trade''.
Section 8 (7) and (8) Omit ''to the Department of
Overseas Trade''.
Fisheries Act 1952 . . Section 4 (a) In the definition of
''Australian boat'', omit

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''(other than Papua New Guinea)''
(wherever occurring).
(b) After the definition of
''carrying'', insert-
'' 'Department' means the
Department of Primary
Industry;''.
(c) In the definition of
''officer''-
(i) omit from paragraph (a)
''of Agriculture or by the
Secretary to the Department of
the Special Minister of State'';
and
(ii) omit from paragraph (b)
''of Agriculture''.
(d) In the definition of ''the
Minister'', omit all the words
after ''State''
(first-occurring), substitute
''for Primary Industry''.
(e) In the definition of ''the
Secretary'', omit ''of
Agriculture''.
Section 6A (3) Omit the sub-section.
Section 6A (4) Omit ''of State for Agriculture''
and ''of Agriculture'' (wherever
occurring).
Section 6A (5) Omit ''of Agriculture''.
Sections 9 (9) and 17
(2) Omit ''of State for
Agriculture''.
Section 10 (e) and
(f) Omit ''other than Papua New
Guinea''.
Health Insurance Act 1973 Section 131 (1) Omit ''Social Security'',
substitute ''Health''.
Health Insurance Commission Act 1973 Section 3 (a) Omit the definition of
''Director-General''.
(b) After the definition of
''part-time Commissioner'',
insert-
'' 'Permanent Head' means the
Permanent Head of the Department
of Health;''.
Sections 10 (1) (d)
and 13 (4) Omit ''Director-General'',
substitute ''Permanent Head''.
Homes Savings Grant Act 1964 Sections 4 (1)
(definition of ''the
Secretary''), 7 and 8 Omit ''Housing and Construction''
(wherever occurring) substitute
''Environment, Housing and
Community Development''.
Section 31 (1) Omit the sub-section, substitute-
''(1) All courts shall take
judicial notice of the signature
of any person who holds or has
held the office of Secretary to
the Department of Housing,
Secretary to the Department of
Housing and Construction,
Secretary to the Department of

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Environment, Housing and
Community Development or Regional
Director, and of the fact that
that person holds or has held
that office, if the signature
purports to be attached or
appended to any official
document, and any such document
purporting to be so signed is
prima facie evidence in all
courts of the facts and
statements contained in the
document.''.
Industrial Research and Development Grants Act 1967 Section 23 (3) Omit ''Trade and Industry'',
substitute ''Industry and
Commerce''.
Industries Assistance Commission Act 1973 Sections 23 (5) (a)
and (b) and 24 (3)
(a) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Migration Act 1958 . . Sections 5 (1)
(definition of
''officer'') and 47
(1) and (2) Omit ''Immigration'',
substitute ''Immigration and
Ethnic Affairs''.
National Capital Development Commission Act 1957 Section 13 (1) (a) Omit ''of State for the
Interior''.
(b) Omit ''Works'' (wherever
occurring), substitute
''Construction''.
(c) Omit ''of the Interior''
(wherever occurring), substitute
''of the Capital Territory''.
National Health Act 1953 Section 4 (1) (a) After the definition of
''Committee of Inquiry'', insert-
'' 'Department' means the
Department of Health;''.
(b) After the definition of
''dependant'', insert-
'' 'Director' means-
(a) in relation to a State
or the Northern Territory-the
officer for the time being
holding the office, or performing
the duties, of Director of Health
for that State or Territory under
the Public Service Act 1922; and
(b) in relation to the
Australian Capital Territory-the
Permanent Head;''.
(c) After the definition of
''pensioner'', insert-
'' 'Permanent Head' means the
Permanent Head of the Department
of Health;''.
(d) In the definitions of
''restricted membership
organization'' and ''the common
form of pensioner medical service
agreement'', omit ''of the
Department of Social
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Security''.
Section 5 Omit ''Director-General of
Health'', substitute ''Permanent
Head''.
Section 6 (1) Omit ''administering any part of
this Act''.
Section 6 (2) and (3) Omit ''Director-General of
Health'', substitute ''Permanent
Head''.
Section 6 (3) (a) Omit the paragraph, substitute-
''(a) a Director; or''.
Section 6 (3) (b) Omit ''of Health''.
Section 6 (4) Omit the sub-section.
Section 8 Repeal the section.
Section 11A Repeal the section.
Section 31 Repeal the section.
Sections 38 (1) and
66 (1) Omit the definition of
''Permanent Head''.
Sections 70 (1) (b)
and 75 (1) Omit ''of Social Security''.
Section 84 (1) Omit the definitions of
''Director'' and
''Director-General''.
Sections 90 (1), (3),
(4) and (5), 92 (1),
92A (1) (e), 94 (1),
(2), (3) and (4), 95
(4), (5) and (6), 98
(1), (2), (3) and
(4), 101 (1) (a),
102, 103 (5) (a), 104
(1), 104A (1), 107
(1), 108 (1) and (2),
109, 111, 112B, 113
(1) and (2), 114,
116, 125 (2), 133
(1), (2), (4) and
(5), 134 (3), 134A
(1) and (3), 138, 139
(1) and 139A (1) Omit ''Director-General''
(wherever occurring), substitute
''Permanent Head''.
Sections 101 (1) (a),
113 (2) and 115 (1)
and (2) Omit ''Commonwealth Department of
Health'', substitute
''Department''.
Sections 105A and
132A Repeal the sections.

National Health Amendment Act 1976 Section 3 Omit paragraph (b), substitute
the following paragraphs:-
''(b) by inserting in
sub-section (1), after the
definition of ''Committee of
Inquiry'', the following
definition:-
'' 'contributor', in
relation to a medical benefits
fund or a hospital benefits fund
conducted by a registered
organization, means a person who
is a contributor to that fund in
accordance with the rules of that
organization;'';
''(ba) by inserting in
sub-section (1), after the
definition of ''Department'', the

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following definition:-
'' 'dependant', in relation
to a contributor to a medical
benefits fund or a hospital
benefits fund conducted by a
registered organization, means a
person who is a dependant of that
contributor in accordance with
the rules of that
organization;''.
National Roads Act 1974 Section 6 (6) Omit ''Urban and Regional
Development'', substitute
''Environment, Housing and
Community Development''.
National Service Act 1951 Section 4 (1)
(definitions of ''the
Department'' and
''the Secretary'') Omit ''Labour'', substitute
''Employment and Industrial
Relations''.
Navigation Act 1912 . Sections 300 (1) and
424 (2) (a) Omit ''Shipping and Transport'',
substitute ''Transport''.
Nursing Homes Assistance Act 1974 Sections 3 (1)
(definition of
''Permanent Head'')
and 35 (1) Omit ''Social Security'',
substitute ''Health''.
Passports Act 1938 . . Section 5 (1)
(definition of
''officer'') Omit ''Immigration'', substitute
''Foreign Affairs''.
Patents Act 1952 . . . Sections 10 (1), 59
(1), 82, 99, 112 (2),
130 (2), 131 (1), 158
(1) (c) and 174 (4) Omit ''Attorney-General'',
substitute ''Minister''.

Section 125 (7) Omit ''Attorney-General of the
Commonwealth or of the State'',
substitute ''Minister or by the
Attorney-General of the State''.

Section 129 (1) (a) Omit ''Attorney-General''
(first occurring), substitute
''Commonwealth''.
(b) Omit ''the Attorney-General
in trust for''.
Patents, Trade Marks, Designs and Copyright Act 1939 Section 9 (1) Omit ''Attorney-General'',
substitute ''Minister''.
Pay-roll Tax Assessment Act 1941 Sections 11 (7) and
(8) and 16A (1)
(definition of ''the
Secretary'') Omit ''Trade and Industry'',
substitute ''Overseas Trade''.
Petroleum Search Subsidy Act 1959 Sections 3
(definition of ''the
Secretary'') and 10A
(1) Omit ''Minerals and Energy'',
substitute ''National
Resources''.
Pig Meat Promotion Act 1975 Sections 9 (1) (b)
and 10 Omit ''Agriculture'', substitute
''Primary Industry''.
Pig Slaughter Levy Collection Act 1971 Section 3 (definition
of ''the Secretary'') Omit ''Agriculture'', substitute
''Primary Industry''. Pipeline
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Authority Act 1973 Sections 3 (1)
(definition of
''Secretary'') and 6
(1) (b) Omit ''Minerals and Energy'',
substitute ''National
Resources''.
Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 Section 29 (1) (a)
and (b) After ''Department'', insert ''or
the Postal and Telecommunications
Department''.
Prices Justification Act 1973 Section 31 (4) Omit ''Attorney-General'',
substitute ''Minister''.
Racial Discrimination Act 1975 Sections 2 (3), 28
(2), 32, 34 (2) (a),
35, 36, 41 (1) and 46 Omit ''Attorney-General''
(wherever occurring), substitute
''Minister''.
Removal of Prisoners (Territories) Act 1923 Sections 8A (14) (b)
and 10A (5) (b) Omit ''External Territories'',
substitute ''Administrative
Services''.
Repatriation Act 1920 Sections 8A and 8B Omit ''and Compensation''
(wherever occurring).
Roads Grants Act 1974 Section 4 Omit ''A Minister'' and ''a
Minister'' (wherever occurring),
substitute ''The Minister'' and
''the Minister'' respectively.
Sales Tax Assessment Act (No. 5) 1930 Sections 6A (3) (b)
and 6B (5) (b) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Science and Industry Research Act 1949 Section 32 Repeal the section.
Seamen's Compensation Act 1911 Section 13 (1) Omit ''Customs and Excise'',
substitute ''Business and
Consumer Affairs''.
Seamen's War Pensions and Allowances Act 1940 Section 14 (3) Omit ''and Compensation''.
Ship Construction Bounty Act 1975 Section 25 (1) Omit ''Transport'', substitute
''Industry and Commerce''.
Stevedoring Industry (Temporary Provisions) Act 1967 Sections 6K (1) (f)
and 6M Omit ''Labour'' (wherever
occurring), substitute
''Employment and Industrial
Relations''.
Supply and Development Act 1939 Section 4 (definition
of ''the
Department'') Omit ''Manufacturing Industry'',
substitute ''Industry and
Commerce''.
Temple Society Trust Fund 1949 Section 5 (1) (a) Omit ''Immigration'', substitute
''Immigration and Ethnic
Affairs''.
Trade Marks Act 1955 . Section 10 (1) Omit ''Attorney-General'',
substitute ''Minister''.
Section 103 (2) Omit ''Trade and Customs'',
substitute ''Business and
Consumer Affairs''.
Tradesmen's Rights Regulation Act 1946 Section 6 (definition
of ''the
Department'') Omit ''Labour'', substitute
''Employment and Industrial
Relations''.
Trade Union Training Authority Act 1975 Section 3
(definitions of
''Department'' and
''Secretary'') Omit ''Labour and Immigration'',
substitute ''Employment and
Industrial Relations''. ------------------------------------------------------------------------------ -- ------------------------------------------------------------------------------ --

ADMINISTRATIVE CHANGES (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 91 of 1976 - NOTE


NOTE
1. Act No. 91, 1976; assented to 20 September 1976.