Federal Register of Legislation - Australian Government

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Act No. 80 of 1982 as made
An Act to make various amendments of the statute law of the Commonwealth
Administered by: Attorney-General's
Date of Assent 22 Sep 1982

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Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

No. 80 of 1982

TABLE OF PARTS

Part I—Preliminary

Part II—Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-Management) Act 1978

Part III—Aboriginal Councils and Associations Act 1976

Part IV—Aboriginal Land Rights Legislation Amendment Act 1982

Part V—Aboriginal Land Rights (Northern Territory) Act 1976

Part VI—Acts Interpretation Act 1901

Part VII—Audit Act 1901

Part VIII—Australian Apple and Pear Corporation Act 1973

Part IX—Australian Capital Territory Electricity Supply Act 1962

Part X—Australian Dried Fruits Corporation Act 1978

Part XI—Australian Federal Police Act 1979

Part XII—Banking Act 1959

Part XIII—Bounty (Books) Act 1969

Part XIV—Bounty (Textile Yarns) Act 1981

Part XV—Chicken Meat Research Act 1969

Part XVI—Commonwealth Electoral Act 1918

Part XVII—Commonwealth Places (Application of Laws) Act 1970

Part XVIII—Commonwealth Prisoners Act 1967

Part XIX—Companies Act 1981

Part XX—Companies (Miscellaneous Amendments) Act 1981

Part XXI—Conciliation and Arbitration Act 1972

Part XXII—Crimes Act 1914

Part XXIII—Crimes at Sea Act 1979

Part XXIV—Customs Tariff 1966

Part XXV—Dairy Industry Stabilization Act 1977

Part XXVI—Dairying Research Act 1972

Part XXVII—Darwin Cyclone Damage Compensation Act 1975

Part XXVIII—Defence Act 1903

Part XXIX—Defence Amendment Act 1979


 


TABLE OF PARTS—continued

Part XXX—Defence Service Homes Act 1918

Part XXXI—Dried Vine Fruits Equalization Act 1978

Part XXXII—Egg Export Control Act 1947

Part XXXIII—Excise Tariff Act 1921

Part XXXIV—Explosives Act 1961

Part XXXV—Glebe Lands (Appropriation) Act 1974

Part XXXVI—Great Barrier Reef Marine Park Act 1975

Part XXXVII—Handicapped Persons Assistance Act 1974

Part XXXVIII—Home Deposit Assistance Act 1982

Part XXXIX—Homeless Persons Assistance Act 1974

Part XL—Homes Savings Grant Act 1964

Part XLI—Homes Savings Grant Act 1976

Part XLII—Honey Industry Act 1962

Part XLIII—Honey Levy Collection Act 1962

Part XLIV—Industrial Research and Development Incentives Act 1976

Part XLV—Live-stock Slaughter Levy Collection Act 1964

Part XLVI—Meat Chicken Levy Collection Act 1969

Part XLVII—National Labour Consultative Council Act 1977

Part XLVIII—Navigation Act 1912

Part XLIX—Norfolk Island Act 1979

Part L—Northern Territory Railway Extension Act 1971

Part LI—Nursing Homes Assistance Act 1974

Part LII—Overseas Telecommunications Act 1946

Part LIII—Parliament House Construction Authority Act 1979

Part LIV—Petroleum (Submerged Lands) Act 1967

Part LV—Pig Industry Research Act 1971

Part LVI—Pig Meat Promotion Act 1975

Part LVII—Postal Services Act 1975

Part LVIII—Poultry Industry Assistance Act 1965

Part LIX—Poultry Industry Levy Collection Act 1965

Part LX—Public Accounts Committee Act 1951

Part LXI—Public Service Act 1922

Part LXII—Public Works Committee Act 1969

Part LXIII—Re-establishment and Employment Act 1945

Part LXIV—Removal of Prisoners (Australian Capital Territory) Act 1968

Part LXV—Representation Act 1905

Part LXVI—Science and Industry Research Act 1949

Part LXVII—Seamen’s Compensation Act 1911

Part LXVIII—Seat of Government (Administration) Act 1910

Part LXIX—States Grants (Petroleum Products) Act 1965

Part LXX—Statute Law (Miscellaneous Amendments) Act 1981

Part LXXI—Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

Part LXXII—Statute Law Revision Act 1981

Part LXXIII—Telecommunications Act 1975

Part LXXIV—Territory Authorities (Financial Provisions) Act 1978

Part LXXV—Therapeutic Goods Act 1966

Part LXXVI—Trade Practices Act 1974

Part LXXVII—Administrative Arrangements Amendments

SCHEDULES

Schedule 1—Formal Amendments of the Explosives Act 1961

Schedule 2—Amendments of the Home Deposit Assistance Act 1982

Schedule 3—Amendments of the Homes Savings Grant Act 1964

Schedule 4—Amendments of the Homes Savings Grant Act 1976

Schedule 5—New Schedule 5a to the Navigation Act 1912

Schedule 6—New Schedule 6a to the Navigation Act 1912

Schedule 7—Further Amendments of the Navigation Act 1912

Schedule 8—Further Amendments of the Parliament House Construction Authority Act 1979

Schedule 9—Formal Amendments of the Petroleum (Submerged Lands) Act 1967

Schedule 10—Amendment of Schedule 2 to the Petroleum (Submerged Lands) Act 1967

Schedule 11—New Schedules 2 and 3 to the Public Service Act 1922

Schedule 12—Amendments of Certain Acts


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Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

No. 80 of 1982

 

An Act to make various amendments of the statute law of the Commonwealth

[Assented to 22 September 1982]

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982.

Commencement

2. (1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(2) Part IV and sections 12 and 13 shall be deemed to have come into operation on 15 April 1982.

(3) Part IX shall be deemed to have come into operation on 13 August 1982.

(4) Parts XII and XIX shall come into operation on such respective dates as are fixed by Proclamation.

(5) Part XIV shall be deemed to have come into operation on 22 July 1981.

(6) Part XVII, Division 2 of Part XVIII and Parts XXII, XXIII and LXIV shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 8 of the Crimes Amendment Act 1982.

(7) Division 1 of Part XVIII shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 7 of the Crimes Amendment Act 1982.

(8) Parts XX and LXXIV shall be deemed to have come into operation on 1 July 1982.

(9) Part XXI shall be deemed to have come into operation on 2 June 1972.

(10) Section 178 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Protocol amending the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957 enters into force for Australia.

(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982.

(12) Section 196 and Parts LVII and LXXIII shall come into operation on the date of commencement of the Petroleum (Submerged Lands) Amendment Act 1980, or the day on which this Act receives the Royal Assent, whichever is the later.

(13) Part LX shall be deemed to have come into operation on 4 December 1979.

(14) Part LXX shall be deemed to have come into operation on 30 December 1981.

(15) Part LXXII shall be deemed to have come into operation on 12 June 1981.

(16) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.


 

PART II—AMENDMENTS OF ABORIGINAL AND TORRES STRAIT ISLANDERS (QUEENSLAND RESERVES AND COMMUNITIES SELF-MANAGEMENT) ACT 1978

Principal Act

3. The Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 19781 is in this Part referred to as the Principal Act.

Power of Councils for Reserves and Communities to which this Act applies to make by-laws

4. Section 10 of the Principal Act is amended—

(a) by omitting sub-section (5) and substituting the following sub-sections:

“(5) Where the Minister approves any by-laws, he shall—

(a) cause the by-laws to be notified in the Gazette; and

(b) cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of his approval.

“(5a) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.”; and

(b) by omitting sub-section (7) and substituting the following sub-section:

“(7) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.”.

PART III—AMENDMENTS OF ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

Principal Act

5. The Aboriginal Councils and Associations Act 19762 is in this Part referred to as the Principal Act.

Establishment of Aboriginal Council

6. Section 19 of the Principal Act is amended by omitting from sub-paragraph (3) (d) (ii) “mortage” and substituting “mortgage”.

By-laws

7. Section 30 of the Principal Act is amended by omitting sub-sections (5), (6) and (7) and substituting the following sub-sections:

“(5) Where the Minister approves any by-laws, he shall—


 

(a) cause the by-laws to be notified in the Gazette; and

(b) cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of his approval.

“(6) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.

“(7) If a copy of any by-laws is not laid before each House of the Parliament in accordance with sub-section (5), the by-laws shall be void and of no effect.

“(7a) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.”.

Order with respect to disposable estate or interest

8. Section 78 of the Principal Act is amended by omitting sub-section (5).

9. After section 78 of the Principal Act the following section is inserted:

Certain transfers and dealings void

“78a. (1) A purported transfer of, or other dealing with, an estate or interest in land held by an Aboriginal corporation is void and of no effect unless the transfer or other dealing is a prescribed transfer or dealing.

“(2) In sub-section (1), ‘prescribed transfer or dealing’ means—

(a) a transfer of, or other dealing with, a disposable estate or interest;

(b) in the case of an estate or interest in land held by an Aboriginal Council, other than a disposable estate or interest—

(i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 19 (3) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or

(ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as mentioned in paragraph 29 (b) to the giving of the mortgage, charge or other security; and

(c) in the case of an estate or interest in land held by an Incorporated Aboriginal Association, other than a disposable estate or interest—

(i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 46 (1) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or

(ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as

mentioned in paragraph 51 (b) to the giving of the mortgage, charge or other security.”.

PART IV—AMENDMENT OF ABORIGINAL LAND RIGHTS LEGISLATION AMENDMENT ACT 1982

Principal Act

10. The Aboriginal Land Rights Legislation Amendment Act 19823 is in this Part referred to as the Principal Act.

Recommendations for grants of Crown land, other than that described in Schedule 1

11. Section 7 of the Principal Act is amended by omitting paragraph (1) (f) and substituting the following paragraph:

“(f) by inserting in sub-section (3) ‘, (1ab) or (1ad)’ after ‘(1)’; and”.

PART V—AMENDMENTS OF ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976

Principal Act

12. The Aboriginal Land Rights (Northern Territory) Act 19764 is in this Part referred to as the Principal Act.

Recommendations for grants of Crown land, other than that described in Schedule 1

13. Section 11 of the Principal Act is amended by omitting from paragraph (1) (d) “aquired” and substituting “acquired”.

Proclamations to be laid before Houses of Parliament

14. Section 42 of the Principal Act is amended—

(a) by omitting paragraph (4) (a) and substituting the following paragraph:

“(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and”;

(b) by inserting in paragraph (4) (b) “first-mentioned” before “House”; and

(c) by inserting in sub-section (4) “first-mentioned” before “House” (second-last and last occurring).

PART VI—AMENDMENT OF ACTS INTERPRETATION ACT 1901

Principal Act

15. The Acts Interpretation Act 19015 is in this Part referred to as the Principal Act.


 

Constitutional and official definitions

16. Section 17 of the Principal Act is amended by inserting after paragraph (i) the following paragraph:

“(ia) ‘The Department’ means the Department of State of the Commonwealth that is administered by the Minister for the time being administering the Act or enactment in which or in respect of which the expression is used or, if, for the time being, different Ministers are administering that Act or enactment in different respects, the Department of State of the Commonwealth that is administered by the Minister administering that Act or enactment in the relevant respect;”.

PART VII—AMENDMENTS OF AUDIT ACT 1901

Principal Act

17. The Audit Act 19016 is in this Part referred to as the Principal Act.

Investment of moneys standing to credit of Trust Fund

18. Section 62b of the Principal Act is amended—

(a) by inserting after paragraph (1) (a) the following paragraphs:

“(aa) in any securities of a government authority;

(ab) on loan to an authorized dealer;”;

(b) by omitting from paragraph (1) (b) “or”;

(c) by inserting after paragraph (1) (b) the following paragraphs:

“(ba) in certificates of deposit issued by a savings bank or a trading bank;

(bb) in clean bills of exchange;”;

(d) by adding at the end of sub-section (1) the following word and paragraph:

“; or (d) in any other form of investment approved by the Minister for the purposes of this sub-section.”;

(e) by omitting from sub-section (2) “securities or deposits taken or” and substituting “investment”;

(f) by omitting from sub-section (2) “taken or”; and

(g) by adding at the end thereof the following sub-section:

“(4) In this section—

‘authorized dealer’ means a corporation that is an authorized dealer in the short-term money market as defined by sub-regulation 5 (1) of the Banking (Savings Banks) Regulations as amended and in force from time to time under the Banking Act 1959;

‘clean bill of exchange’ means a bill of exchange that—

(a) has been accepted by a trading bank;

(b) has been indorsed by a trading bank or trading banks; and


 

(c) has not been indorsed by any person other than a trading bank;

‘government authority’ means a public authority constituted by or under a law of the Commonwealth, of a State or of a Territory and includes a municipal corporation or other local government body.”.

PART VIII—AMENDMENT OF AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973

Principal Act

19. The Australian Apple and Pear Corporation Act 19737 is in this Part referred to as the Principal Act.

20. Section 17 of the Principal Act is repealed and the following section is substituted:

Deputies of members

“17. (1) The Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of a member other than the Chairman or the member representing the Commonwealth.

“(2) The Minister may appoint a person to be the deputy of the member representing the Commonwealth.

“(3) The Minister may, at any time, revoke the appointment of a person as the deputy of a member and shall revoke such an appointment if the deputy fails, without reasonable excuse, to comply with his obligations under section 22.

“(4) The deputy of a member may resign his office by writing signed by him and delivered to the Minister.

“(5) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Corporation, to attend that meeting and, when so attending, shall be deemed to be a member of the Corporation.

“(6) The appointment of a person as the deputy of a member is not invalidated, and shall not be called into question, by reason of a defect or irregularity in or in connection with his appointment.”.

PART IX—AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY ELECTRICITY SUPPLY ACT 1962

Principal Act

21. The Australian Capital Territory Electricity Supply Act 19628 is in this Part referred to as the Principal Act.


 

Constitution of Authority

22. Section 6 of the Principal Act is amended by omitting from sub-section (11) “the President” and substituting “the Speaker”.

PART X—AMENDMENT OF AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978

Principal Act

23. The Australian Dried Fruits Corporation Act 19789 is in this Part referred to as the Principal Act.

24. Section 18 of the Principal Act is repealed and the following section is substituted:

Deputies of members

“18. (1) The Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of a member other than the Chairman or the member representing the Commonwealth.

“(2) The Minister may appoint a person to be the deputy of the member representing the Commonwealth.

“(3) The Minister may, at any time, revoke the appointment of a person as the deputy of a member and shall revoke such an appointment if the deputy fails, without reasonable excuse, to comply with his obligations under sub-section 22 (3) or (5).

“(4) The deputy of a member may resign his office by writing signed by him and delivered to the Minister.

“(5) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Corporation, to attend that meeting and, when so attending, shall be deemed to be a member of the Corporation.

“(6) The appointment of a person as the deputy of a member is not invalidated, and shall not be called into question, by reason of a defect or irregularity in or in connection with his appointment.”.

PART XI—AMENDMENTS OF AUSTRALIAN FEDERAL POLICE ACT 1979

Principal Act

25. The Australian Federal Police Act 197910 is in this Part referred to as the Principal Act.


 

Absence, &c., of Commissioner or Deputy Commissioner

26. Section 19 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) The Minister may determine the remuneration and allowances of a person who is, in accordance with sub-section (1), exercising the powers and performing the functions and duties of the Commissioner or the Deputy Commissioner, but a person is not entitled to be paid remuneration or allowances under this section except in respect of the exercise by him of the powers, and the performance by him of the functions and duties, of the Commissioner or the Deputy Commissioner, as the case may be, for a period of at least one week.”.

Appointment of former narcotics officers to be members

27. Section 26a of the Principal Act is amended—

(a) by omitting from sub-section (2) “sections 25 and 73” and substituting “section 25”; and

(b) by omitting from sub-section (3) “sections 26 and 73” and substituting “section 26”.

28. (1) Section 28 of the Principal Act is repealed and the following section is substituted:

Undertakings and oaths or affirmations

“28. (1) A Deputy Commissioner appointed under section 17, or a person appointed under paragraph 25 (1) (a) or 26 (1) (a) or section 27, shall, immediately after his appointment, enter into an undertaking, in accordance with the prescribed form, relating to the performance of his duties.

“(2) A person appointed under Division 1 shall, before commencing to perform his duties, make and subscribe, before a person authorized by the Minister, such oath or affirmation as is prescribed.

“(3) A person appointed under paragraph 25 (1) (a) to be a commissioned officer in a component or appointed under paragraph 26 (1) (a) to be a non-commissioned officer in a component shall, in accordance with the regulations, make and subscribe, before a person authorized by the Minister, such oath or affirmation as is prescribed in relation to that component.

“(4) Subject to sub-section (6), where a person who is a commissioned officer in a component is promoted under paragraph 25 (1) (b) or transferred under paragraph 25 (1) (c) to a commissioned rank in the other component, he shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that other component.

“(5) Subject to sub-section (6), where a person who is a non-commissioned officer in a component is promoted under paragraph 26 (1) (b) or transferred under paragraph 26 (1) (c) to a non-commissioned rank in the other component, he shall, in accordance with the regulations, make and subscribe,

before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that other component.

“(6) A person promoted or transferred to a rank in a component as mentioned in sub-section (4) or (5) is not required to make and subscribe an oath or affirmation as mentioned in that sub-section if—

(a) at any time before his promotion or transfer, he held a rank in that component; and

(b) he has been a member at all times since he last ceased to hold a rank in that component.

“(7) A person appointed under section 27 to assist in the performance of the functions of a component shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that component.

“(8) In this section, ‘appoint’ does not include promote or transfer.”.

(2) Where, at any time before the commencement of this section, a person was appointed, promoted or transferred under the Australian Federal Police Act 1979, that appointment, promotion or transfer shall not be taken to have been, or to be, invalid, and shall not be called into question, by reason of a failure by that person to enter into an undertaking, or to make or subscribe an oath or affirmation, as required by section 28 of the Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section.

(3) The validity of anything done by a person in the performance of his duties as a member of the Australian Federal Police shall not be called into question by reason of a failure by that person to enter into an undertaking, or to make or subscribe an oath or affirmation, as required by section 28 of the Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section.

Minister to obtain advice

29. Section 32 of the Principal Act is amended by inserting “Employment and” before “Industrial Relations”.

Preference for certain appointments

30. Section 73 of the Principal Act is amended—

(a) by inserting in sub-section (1) “26a or” after “section”; and

(b) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) was—

(i) a member of an existing Police Force immediately before the commencement date; or


 

(ii) an officer of the Australian Public Service to whom section 26a applied;”.

PART XII—AMENDMENTS OF BANKING ACT 1959

Principal Act

31. The Banking Act 195911 is in this Part referred to as the Principal Act.

32. After Part II of the Principal Act the following Part is inserted:

“PART IIa—BANK MERGERS

Operation of certain State and Territory laws relating to bank mergers

“38a. (1) Any law of the Commonwealth with which a provision of a law of a State or Territory referred to in the Third Schedule would, but for this sub-section, be inconsistent has effect subject to that provision, or shall be deemed to have had effect subject to that provision, as the case may be, on and from the day that is the prescribed day in relation to that provision.

“(2) Without prejudice to its effect apart from this sub-section, each provision of a law of a State or Territory referred to in the Third Schedule has, or shall be deemed to have had, as the case may be, by force of this sub-section, on and from the day that is the prescribed day in relation to that provision, the effect that it would have, or would have had, if that law bound the Crown in right of the Commonwealth, of the Northern Territory and of Norfolk Island.

“(3) If, at any time after the commencement of this Part, a law of a State or Territory is passed or made for the purpose of, or for the purpose of making provision consequent upon or in relation to, the merger of 2 or more bodies corporate that carry on the general business of banking, the Treasurer may, in his discretion, by writing signed by him and published in the Gazette, declare that law to be a law to which this sub-section applies.

“(4) Where a declaration is made under sub-section (3) in relation to a law of a State or Territory—

(a) any law of the Commonwealth with which a provision of that law of a State or Territory would, but for this paragraph, be inconsistent has effect, subject to that provision, or shall be deemed to have had effect subject to that provision, as the case may be, on and from the day that is the prescribed day in relation to that provision; and

(b) without prejudice to its effect apart from this paragraph, each provision of that law of a State or Territory has, or shall be deemed to have had, as the case may be, by force of this paragraph, on and from the day that is the prescribed day in relation to that provision, the


 

effect that it would have, or would have had, if that law bound the Crown in right of the Commonwealth, of the Northern Territory and of Norfolk Island.

“(5) A reference in this section to the prescribed day in relation to a provision of a law of a State or Territory is a reference to the day on which that provision comes or came into operation.”.

Addition of Schedule

33. The Principal Act is amended by adding at the end thereof the following Schedule:

“THIRD SCHEDULE

The Commercial Bank of Australia Limited (Merger) Act, 1982 of New South Wales

The Commercial Banking Company of Sydney Limited (Merger) Act, 1982 of New South Wales

The Commercial Bank of Australia Limited (Merger) Act 1982 of Victoria

The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Victoria

Commercial Bank of Australia Limited Merger Act 1982 of Queensland

Commercial Banking Company of Sydney Limited Merger Act 1982 of Queensland

The Commercial Bank of Australia Limited (Merger) Act, 1982 of South Australia

The Commercial Banking Company of Sydney Limited (Merger) Act, 1982 of South Australia

The Commercial Bank of Australia Limited (Merger) Act 1982 of Western Australia

The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Western Australia

Commercial Bank of Australia Limited (Merger) Act 1982 of Tasmania

Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Tasmania

The Commercial Bank of Australia Limited (Merger) Act 1982 of the Northern Territory

The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of the Northern Territory

The Commercial Bank of Australia Limited (Merger) Ordinance 1982 of the Australian Capital Territory

The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982 of the Australian Capital Territory”


 

PART XIII—AMENDMENT OF BOUNTY (BOOKS) ACT 1969

Principal Act

34. The Bounty (Books) Act 196912 is in this Part referred to as the Principal Act.

Return for Parliament

35. Section 18 of the Principal Act is amended by inserting in paragraph (1) (b) “the amount of bounty paid to each person in that financial year and” before “the number”.

PART XIV—AMENDMENT OF BOUNTY (TEXTILE YARNS) ACT 1981

Principal Act

36. The Bounty (Textile Yarns) Act 198113 is in this Part referred to as the Principal Act.

Appointment of authorized officers

37. Section 14 of the Principal Act is amended by omitting from sub-section (2) “of Business and Consumer Affairs”.

Offences

38. Section 18 of the Principal Act is amended by omitting from sub-section (7) “section 7” and substituting “section 8”.

PART XV—AMENDMENTS OF CHICKEN MEAT RESEARCH ACT 1969

Principal Act

39. The Chicken Meat Research Act 196914 is in this Part referred to as the Principal Act.

Constitution of Committee

40. (1) Section 9 of the Principal Act is amended—

(a) by omitting from paragraph (1) (e) “of Primary Industry”; and

(b) by omitting from paragraph (2) (b) “a period of three years” and substituting “such period, not exceeding 3 years, as is specified in their respective instruments of appointment”.

(2) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Committee who was appointed before the commencement of this Part.


 

Chairman of Committee

41. Section 10 of the Principal Act is amended by omitting “of Primary Industry”.

PART XVI—AMENDMENTS OF COMMONWEALTH ELECTORAL ACT 1918

Principal Act

42. The Commonwealth Electoral Act 191815 is in this Part referred to as the Principal Act.

Use of licensed premises as polling booth

43. Section 100 of the Principal Act is amended—

(a) by omitting “No part” and substituting “Subject to sub-section (2), no part”; and

(b) by adding at the end thereof the following sub-section:

“(2) Premises may be used for the purpose of a polling booth notwithstanding that the premises are, or any part of the premises is, licensed for the sale of intoxicating liquor if the Chief Australian Electoral Officer declares, by writing under his hand, that he is satisfied that no intoxicating liquor will be available for sale in any part of those premises during the hours of polling on polling day.”.

Power to make Rules of Court

44. Section 202 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-section:

“(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to Rules of Court.”.

PART XVII—AMENDMENTS OF COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970

Principal Act

45. The Commonwealth Places (Application of Laws) Act 197016 is in this Part referred to as the Principal Act.

Schedule

46. The Schedule to the Principal Act is amended—

(a) by inserting “, 17a” after “17”;

(b) by inserting “, 20aa, 20ab, 20ac” after “20a”; and

(c) by inserting “, 21aa” after “21a”.


 

PART XVIII—AMENDMENTS OF COMMONWEALTH PRISONERS ACT 1967

Division 1—Amendment consequential on section 7, Crimes Amendment Act 1982

Principal Act

47. The Commonwealth Prisoners Act 196717 is in this Division referred to as the Principal Act.

Fixing of minimum term of imprisonment

48. Section 4 of the Principal Act is amended by omitting from sub-section (5) “Notwithstanding sub-section (1) of section 19 of the Crimes Act 1914-1966” and substituting “Notwithstanding sub-sections (1) and (4) of section 19 of the Crimes Act 1914”.

Division 2—Amendment consequential on section 8, Crimes Amendment Act 1982

Principal Act

49. The Commonwealth Prisoners Act 196717 is in this Division referred to as the Principal Act.

Exercise of Royal prerogative of mercy and operation of other Commonwealth laws or Territory laws

50. Section 22 of the Principal Act is amended by omitting from paragraph (b) “section 17, section 19a or section 20 of the Crimes Act 1914-1966” and substituting “section 17, 19a, 20 or 20ab of the Crimes Act 1914”.

PART XIX—AMENDMENTS OF COMPANIES ACT 1981

Principal Act

51. The Companies Act 198118 is in this Part referred to as the Principal Act.

Interpretation

52. Section 5 of the Principal Act is amended—

(a) by omitting “or” from paragraph (c) of the definition of “corporation” in sub-section (1); and

(b) by adding at the end of the definition of “corporation” in sub-section (1) the following word and paragraph:

“or (e) a corporation constituted under the Unit Titles Ordinance 1970;”.

Publication of name, &c., of recognized company or recognized foreign company

53. Section 509 of the Principal Act is amended—


 

(a) by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) There shall appear in legible characters on every relevant negotiable instrument of a recognized company or recognized foreign company (other than a banking corporation) that is issued or signed in the Territory the name of the recognized company or recognized foreign company and, if default is made in complying with this sub-section, the recognized company or recognized foreign company is guilty of an offence.

Penalty: $1,000.

“(3) If an officer of a recognized company or recognized foreign company, or any other person—

(a) on behalf of the recognized company or recognized foreign company, issues or publishes in the Territory, or authorizes the issue or publication in the Territory of, any relevant document of the recognized company or recognized foreign company that does not comply with the requirements of sub-section (1); or

(b) signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the recognized company or recognized foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2),

he is guilty of an offence.

Penalty: $1,000.

“(3a) If an officer of a recognized company or a recognized foreign company, or any other person, signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the recognized company or recognized foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is liable to the holder of the relevant negotiable instrument for the amount due on it unless that amount is paid by the recognized company or the recognized foreign company, as the case may be.”; and

(b) by omitting sub-section (5) and substituting the following sub-section:

“(5) In this section—

‘relevant document’, in relation to a recognized company or a recognized foreign company, means a business letter, statement of account, invoice, receipt, order for goods, order for services, official notice or publication of, or purporting to be issued or signed by or on behalf of, the recognized company or recognized foreign company;

‘relevant negotiable instrument’, in relation to a recognized company or a recognized foreign company, means a bill of exchange, promissory note, cheque or other negotiable instrument, indorsement on, or order in, a bill of exchange,

promissory note, cheque or other negotiable instrument, or a letter of credit of, or purporting to be issued or signed by or on behalf of, the recognized company or recognized foreign company.”.

Publication of name, &c, of foreign company

54. Section 517 of the Principal Act is amended—

(a) by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) There shall appear in legible characters on every relevant negotiable instrument of a foreign company (other than a banking corporation) that is issued or signed in the Territory the name of the foreign company and, if default is made in complying with this sub-section, the foreign company is guilty of an offence.

Penalty: $1,000.

“(3) If an officer of a foreign company, or any other person—

(a) on behalf of the foreign company, issues or publishes in the Territory, or authorizes the issue or publication in the Territory of, any relevant document of the foreign company that does not comply with the requirements of sub-section (1); or

(b) signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2),

he is guilty of an offence.

Penalty: $1,000.

“(3a) If an officer of a foreign company, or any other person, signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is liable to the holder of the relevant negotiable instrument for the amount due on it unless that amount is paid by the foreign company.”; and—

(b) by omitting sub-section (5) and substituting the following sub-section:

“(5) In this section—

‘relevant document’, in relation to a foreign company, means a business letter, statement of account, invoice, receipt, order for goods, order for services, official notice or publication of, or purporting to be issued or signed by or on behalf of, the foreign company;

‘relevant negotiable instrument’, in relation to a foreign company, means a bill of exchange, promissory note, cheque or other negotiable instrument, indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable

instrument, or a letter of credit of, or purporting to be issued or signed by or on behalf of, the foreign company.”.

55. Section 581 of the Principal Act is repealed and the following section is substituted:

Operation of certain Ordinances

“581. (1) Section 377 has effect as provided by section 39 of the Workmen’s Compensation Supplementation Fund Ordinance 1980 in relation to the liquidator of a corporation that is an insurer within the meaning of that Ordinance.

“(2) Subdivision C of Division 4 of Part XII has effect subject to section 40 of the Workmen’s Compensation Supplementation Fund Ordinance 1980.

“(3) This Act has effect subject to section 24 of the Trustee Companies Ordinance 1947.”.

PART XX—AMENDMENT OF COMPANIES (MISCELLANEOUS AMENDMENTS) ACT 1981

Principal Act

56. The Companies (Miscellaneous Amendments) Act 198119 is in this Part referred to as the Principal Act.

57. Section 18 of the Principal Act is repealed and the following section is substituted:

“18. The Principal Act is amended by adding at the end of Part III the following Division:

‘Division 11Registration of Transfers of Marketable Securities by Companies

Transfer of marketable securities not to be registered unless duly stamped

‘58g. A transfer of a share in the capital of, or a debenture of, a company shall not be registered, recorded or entered in the books of the company unless the instrument of transfer—

(a) bears a statement in respect of the sale or purchase to which the transaction relates, made in accordance with section 52 of this Act or in accordance with a provision of a law of a State or another Territory relating to stamp duty, to the effect that stamp duty, if payable, has been or will be paid;

(b) has been duly stamped for the purposes of this Act or of a law of a State or another Territory relating to stamp duty; or

(c) bears a stamp affixed or impressed under section 17 of this Act or under a provision of a law of a State or another Territory relating to stamp duty to the effect that no tax or stamp duty is payable.’.”.


 

PART XXI—AMENDMENT OF CONCILIATION AND ARBITRATION ACT 1972

Principal Act

58. The Conciliation and Arbitration Act 197220 is in this Part referred to as the Principal Act.

Retiring age of certain Presidential Members

59. Section 60 of the Principal Act is amended by adding at the end thereof “and a Deputy President of the Commission who was appointed before the day on which this Act received the Royal Assent and is appointed as the President of the Commission on or after that day holds office as President of the Commission until he resigns or attains the age of seventy years”.

PART XXII—AMENDMENTS OF CRIMES ACT 1914

Principal Act

60. The Crimes Act 191421 is in this Part referred to as the Principal Act.

Habitual criminals

61. Section 17 of the Principal Act is amended by omitting from sub-section (2) “The Court” and substituting “The court”.

Failure to comply with condition of discharge or release

62. Section 20a of the Principal Act is amended by omitting from sub-section (6) “shall, in so dealing with the person,” and substituting “, in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,”.

Power to discharge or vary conditions of recognizance

63. Section 20aa of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) Where a person has entered into a recognizance in pursuance of an order made under sub-section 19b (1) or 20 (1), any of the following persons may apply to the court by which the order was made for the discharge of the recognizance or for a variation of its terms:

(a) an authorized person;

(b) the person who entered into the recognizance;

(c) a surety for the person who entered into the recognizance;

(d) a probation officer appointed in accordance with the order (in this section referred to as a ‘probation officer’).”; and

(b) by omitting sub-sections (5) and (6) and substituting the following sub-sections:

“(5) Where an application is made under sub-section (1) by an authorized person, the authorized person shall cause notice of the application and the date, time and place fixed for the hearing of the


 

application, to be served on the person who entered into the recognizance in relation to which the application is made and—

(a) if that person has a surety in respect of the recognizance—on the surety; and

(b) if that person has a probation officer in respect of the recognizance—on the probation officer.

“(6) Where an application is made under sub-section (1) by a person other than an authorized person, the person making the application shall cause notice of the application, and of the date, time and place fixed for the hearing of the application, to be served on the Crown Solicitor, or the Deputy Crown Solicitor in the State or Territory in which the application is made, and—

(a) if the application is made by the person who entered into the recognizance and that person has a surety—on the surety;

(b) if the application is made by a surety in respect of the recognizance—on the person who entered into the recognizance; or

(c) if the application is made by a probation officer in respect of the recognizance—on the person who entered into the recognizance and, if that person has a surety in respect of the recognizance, on the surety.”.

Failure to comply with sentence passed, or order made, under sub-section 20ab (1)

64. Section 20ac of the Principal Act is amended by omitting from sub-section (7) “shall, in so dealing with the person,” and substituting “, in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,”.

Falsification of books or records by officers

65. Section 72 of the Principal Act is amended by omitting from paragraph (e) “property, or” and substituting “property; or”.

PART XXIII—AMENDMENTS OF CRIMES AT SEA ACT 1979

Principal Act

66. The Crimes at Sea Act 197922 is in this Part referred to as the Principal Act.

Operation of certain Commonwealth laws excluded

67. Section 5 of the Principal Act is amended—

(a) by inserting in paragraph (4) (a) “, 17a” after “17”;

(b) by inserting in paragraph (4) (a) “, 20aa, 20ab, 20ac” after “20a”; and

(c) by inserting in paragraph (4) (a) “, 21aa” after “21a”.


 

PART XXIV—AMENDMENT OF CUSTOMS TARIFF 1966

Principal Act

68. The Customs Tariff 196623 is in this Part referred to as the Principal Act.

Orders

69. Section 36 of the Principal Act is amended by omitting sub-sections (3) and (4) and substituting the following sub-section:

“(3) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2) and sections 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to orders as if—

(a) references in those provisions to regulations were references to orders; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of an order.”.

PART XXV—AMENDMENTS OF DAIRY INDUSTRY STABILIZATION ACT 1977

Principal Act

70. The Dairy Industry Stabilization Act 197724 is in this Part referred to as the Principal Act.

Determination of quotas

71. Section 11a of the Principal Act is amended—

(a) by omitting sub-section (2); and

(b) by omitting sub-section (6) and substituting the following sub-section:

“(6) The provisions of sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to principles formulated under sub-section (1) as if—

(a) references in those provisions to regulations were references to principles; and

(b) references in those provisions to the making of regulations were references to the formulation of principles.”.

PART XXVI—AMENDMENTS OF DAIRYING RESEARCH ACT 1972

Principal Act

72. The Dairying Research Act 197225 is in this Part referred to as the Principal Act.


 

Moneys to be paid into Research Account

73. Section 5 of the Principal Act is amended by omitting from paragraph (1) (b) “out of the Research Account in accordance with this Act” and substituting “out of the account kept under sub-section 5a (1)”.

74. After section 5 of the Principal Act the following section is inserted:

Separate accounts to be kept

“5a. (1) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of sub-paragraphs 5 (1) (a) (i) and (ii) and paragraph 5 (1) (b).

“(2) A separate account shall be kept of the moneys in the Research Account representing—

(a) the amounts paid into the Research Account by virtue of sub-paragraph 5 (1) (a) (iii); and

(b) the amounts paid into the Research Account by virtue of sub-section 5 (3).”.

Application of Research Account

75. Section 6 of the Principal Act is amended by omitting from sub-section (1) “the next succeeding sub-section, moneys standing to the credit of the Research Account” and substituting “sub-section (2), moneys standing to the credit of either of the accounts kept under section 5a”.

Constitution of Committee

76. Section 9 of the Principal Act is amended by omitting from paragraph (1) (e) “of Primary Industry”.

PART XXVII—REPEAL OF DARWIN CYCLONE DAMAGE COMPENSATION ACT 1975

Principal Act

77. The Darwin Cyclone Damage Compensation Act 197526 is in this Part referred to as the Principal Act.

Repeal of Act

78. The Principal Act is repealed.

PART XXVIII—AMENDMENT OF DEFENCE ACT 1903

Principal Act

79. The Defence Act 190327 is in this Part referred to as the Principal Act.

Interpretation

80. Section 4 of the Principal Act is amended by omitting “of Defence” from the definition of “The Secretary” in sub-section (1).


 

Tabling, disallowance, &c., of determinations

81. Section 58c of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-section:

“(1) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to determinations as if—

(a) references in those provisions to regulations were references to determinations and references to a regulation were references to a provision of a determination; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of a determination or of a provision of a determination, as the case requires.”.

PART XXIX—AMENDMENT OF DEFENCE AMENDMENT ACT 1979

Principal Act

82. The Defence Amendment Act 197928 is in this Part referred to as the Principal Act.

Determinations prevail over inconsistent regulations

83. Section 14 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) Where—

(a) a provision (in this sub-section referred to as the ‘disallowed provision’) of a determination under section 58b of the Defence Act 1903—

(i) is disallowed, or is deemed to have been disallowed, under section 48 of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; or

(ii) becomes void and of no effect by virtue of the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; and

(b) the disallowed provision was inconsistent with any relevant regulations in force immediately before the date on which the disallowed provision took effect,

the disallowance of the provision or the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903, as the case may be, has the effect of reviving those relevant regulations as so in force, from and including the date of the disallowance or the date on which the determination became void and of no effect, as the case may be, as if the disallowed provision had not been made.”.


 

PART XXX—AMENDMENTS OF DEFENCE SERVICE HOMES ACT 1918

Principal Act

84. The Defence Service Homes Act 191829 is in this Part referred to as the Principal Act.

Interpretation

85. Section 4 of the Principal Act is amended by omitting “of Veterans’ Affairs” from the definition of “Secretary” in sub-section (1).

Determination of eligibility, &c.

86. Section 4b of the Principal Act is amended—

(a) by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) if the provisions of section 19a or 23 are relevant to the application—

(i) whether the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made;

(ii) if the applicant has a wife or husband—whether the applicant and the wife or husband of the applicant are permanently separated; and

(iii) if the applicant has a wife or husband and the Corporation has not determined that the applicant and the wife or husband of the applicant are permanently separated—whether the wife or husband of the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made.”;

(b) by omitting from sub-section (2) “the last preceding sub-section” (first occurring) and substituting “sub-section (1)”;

(c) by omitting from sub-section (2) “paragraph (a) of the last preceding sub-section” and substituting “paragraph (1) (a)”; and

(d) by omitting sub-section (3) and substituting the following sub-section:

“(3) Where the Corporation has, in pursuance of sub-section (1), determined—

(a) that an applicant for assistance is not the owner of a dwelling-house other than that in respect of which the application for assistance has been made;

(b) that the applicant and the wife or husband of the applicant are permanently separated; or

(c) that the wife or husband of the applicant is not the owner of a dwelling-house other than that in respect of which the application for assistance has been made,

then, for the purposes of section 19a or 23, the Corporation shall be deemed to be satisfied of the matter so determined and shall be deemed to continue to be so satisfied notwithstanding that, after the making of the determination—

(d) in a case to which paragraph (a) applies—the applicant becomes the owner of a dwelling-house other than that in respect of which the application for assistance has been made;

(e) in a case to which paragraph (b) applies—the applicant and the wife or husband of the applicant cease to be permanently separated; or

(f) in a case to which paragraph (c) applies—the wife or husband of the applicant becomes the owner of a dwelling-house other than that in respect of which the application for assistance has been made.”.

Sale of house only to person not already an owner

87. Section 19a of the Principal Act is amended—

(a) by omitting from paragraph (a) “and” (last occurring); and

(b) by omitting paragraph (b) and substituting the following paragraphs:

“(b) the person is not the owner of any other dwelling-house; and

(c) if the person has a wife or husband, then, unless the person and the wife or husband of the person are permanently separated—the wife or husband of the person is not the owner of any other dwelling-house.”.

Advance for purposes of home only to person not already an owner

88. Section 23 of the Principal Act is amended—

(a) by omitting “applicant” (first occurring) and substituting “person”;

(b) by omitting from paragraph (a) “applicant” and substituting “person”;

(c) by omitting from paragraph (a) “and” (last occurring); and

(d) by omitting paragraph (b) and substituting the following paragraphs:

“(b) the person is not the owner of any other dwelling-house; and

“(c) if the person has a wife or husband, then, unless the person and the wife or husband of the person are permanently separated—the wife or husband of the person is not the owner of any other dwelling-house.”.

89. Section 32a of the Principal Act is repealed and the following section is substituted:

Call-up of moneys on discovery of false statement

“32a. (1) Where—

(a) a person has, whether before or after the commencement of this section—


 

(i) in connection with the sale to him under this Act of a dwelling-house (in this sub-section referred to as the ‘relevant dwelling-house’) or the making of an advance to him under this Act in connection with land and a dwelling-house (in this sub-section also referred to as the ‘relevant dwelling-house’) or land and a proposed dwelling-house (in this sub-section also referred to as the ‘relevant dwelling-house’); or

(ii) in an application for such a sale or the making of such an advance, declared—

(iii) that the person was not the owner of any dwelling-house other than the relevant dwelling-house;

(iv) that the person and the wife or husband of the person were permanently separated; or

(v) that the wife or husband of the person was not the owner of any dwelling-house other than the relevant dwelling-house; and

(b) after the commencement of this section it comes to the knowledge of the Corporation that the declaration was untrue,

the Corporation may, unless the estate or interest of the person in the land and the relevant dwelling-house has passed to another person otherwise than as the personal representative of the first-mentioned person, call up, by notice in writing given to the person or to the personal representative of the person, the whole of the moneys secured under the contract of sale or the mortgage or other security concerned and, thereupon, those moneys become due and payable.

“(2) A reference in sub-section (1) to a sale, or the making of an advance, to a person shall be read as including a reference to a sale, or the making of an advance, to a person and the wife or husband of the person jointly in accordance with section 4a.”.

Dwelling houses for incapacitated soldiers

90. Section 47 of the Principal Act is amended by omitting from sub-section (1) “of Veterans’ Affairs”.

PART XXXI—AMENDMENT OF DRIED VINE FRUITS EQUALIZATION ACT 1978

Principal Act

91. The Dried Vine Fruits Equalization Act 197830 is in this Part referred to as the Principal Act.

Investment of moneys of Fund

92. Section 9 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) In sub-section (1), ‘approved bank’ means a bank that is an approved bank within the meaning of section 63e of the Audit Act 1901.”.


 

PART XXXII—AMENDMENTS OF EGG EXPORT CONTROL ACT 1947

Principal Act

93. The Egg Export Control Act 194731 is in this Part referred to as the Principal Act.

Australian Egg Board

94. (1) Section 5 of the Principal Act is amended by omitting from sub-section (3) “Governor-General” and substituting “Minister”.

(2) The amendment made by sub-section (1) does not affect the appointment of a person who was appointed by the Governor-General before the commencement of this Part.

Term of office of members

95. (1) Section 5a of the Principal Act is amended—

(a) by omitting from sub-section (1) “Governor-General” and substituting “Minister”; and

(b) by omitting from sub-section (2) “a period of three years after the date of his appointment,” and substituting “such period, not exceeding 3 years, as the Minister specifies in the instrument of his appointment,”.

(2) Notwithstanding the amendment made by paragraph (1) (a), the person who was the Chairman of the Board immediately before the commencement of this Part holds office, subject to the Egg Export Control Act 1947, for the remainder of the period for which he was appointed as the Chairman of the Board by the Governor-General.

(3) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Board who was appointed before the commencement of this Part.

Removal of members from office and resignation

96. Section 5b of the Principal Act is amended by omitting “Governor-General” (wherever occurring) and substituting “Minister”.

Deputies of Members of the Board

97. Section 7 of the Principal Act is amended by omitting from sub-section (1) “Governor-General” and substituting “Minister”.

98. Section 8 of the Principal Act is repealed and the following section is substituted:

Remuneration, &c.

“8. (1) A member of the Board and a deputy of a member of the Board shall be paid such remuneration as is determined by the Remuneration Tribunal.


 

“(2) A member of the Board and a deputy of a member of the Board shall be paid such allowances as are prescribed.

“(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973, but sub-section 7 (9) of that Act does not apply in relation to the remuneration payable to a member of the Board or a deputy of a member of the Board.

“(4) If a member or a deputy of a member is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of a committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.”.

Finance

99. Section 17 of the Principal Act is amended by omitting from sub-section (2) all the words from and including “the repayment” and substituting “the repayment of any advances made by the Bank in pursuance of the arrangement, and the payment of interest on any advances so made, out of moneys made available by the Parliament”.

Application of moneys paid into accounts or Fund

100. Section 19 of the Principal Act is amended by omitting from paragraph (f) “paragraph (d) of section thirteen of this Act” and substituting “paragraph 13 (1) (d)”.

PART XXXIII—AMENDMENT OF EXCISE TARIFF ACT 1921

Principal Act

101. The Excise Tariff Act 192132 is in this Part referred to as the Principal Act.

Goods manufactured or produced at off-shore installations

102. Section 5a of the Principal Act is amended by inserting in sub-section (2) “in” after “meaning as”.

PART XXXIV—AMENDMENTS OF EXPLOSIVES ACT 1961

Principal Act

103. The Explosives Act 196133 is in this Part referred to as the Principal Act.


 

General provisions applicable to orders

104. Section 16 of the Principal Act is amended—

(a) by omitting from sub-section (1) “1903-1939” and substituting “1903”;

(b) by omitting sub-section (2) and substituting the following sub-section:

“(2) The provisions of section 48 (except paragraph (1) (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under the regulations as if references in those provisions to regulations were references to orders.”;

(c) by omitting from sub-section (3) “1901-1957” and substituting “1901”; and

(d) by omitting from sub-section (3) “forty-six” and substituting “46”.

105. Section 17 of the Principal Act is repealed and the following section is substituted:

Date from which orders take effect

“17. An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.”.

Formal amendments

106. The Principal Act is amended as set out in Schedule 1.

PART XXXV—REPEAL OF GLEBE LANDS (APPROPRIATION) ACT 1974

Principal Act

107. The Glebe Lands (Appropriation) Act 197434 is in this Part referred to as the Principal Act.

Repeal of Act

108. The Principal Act is repealed.

PART XXXVI—AMENDMENT OF GREAT BARRIER REEF MARINE PARK ACT 1975

Principal Act

109. The Great Barrier Reef Marine Park Act 197535 is in this Part referred to as the Principal Act.

Regulations

110. Section 66 of the Principal Act is amended by omitting from sub-section (5) “12 months” and substituting “2 years”.


 

PART XXXVII—AMENDMENTS OF HANDICAPPED PERSONS ASSISTANCE ACT 1974

Principal Act

111. The Handicapped Persons Assistance Act 197436 is in this Part referred to as the Principal Act.

Interpretation

112. Section 3 of the Principal Act is amended by omitting “Social Services Act 1947-1974” from paragraph (a) of the definition of “disabled person” and substituting “Social Security Act 1947”.

Grants

113. Section 10 of the Principal Act is amended by omitting from paragraph (2) (a) “four-fifths” and substituting “80%”.

Grants

114. Section 13 of the Principal Act is amended by omitting from sub-section (2) “four-fifths” and substituting “80%”.

Grants

115. Section 15 of the Principal Act is amended by omitting from sub-section (2) “four-fifths” and substituting “80%”.

Grants

116. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (2) “four-fifths” and substituting “80%”; and

(b) omitting from paragraph (3) (a) “four-fifths” and substituting “80%”.

Financial assistance towards meeting the cost of remuneration

117. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (1) “50 per centum” and substituting “50%”;

(b) omitting from sub-section (2) “50 per centum” and substituting “50%”; and

(c) by omitting from sub-section (2) “100 per centum” and substituting “100%”.

Handicapped children’s benefit

118. Section 23 of the Principal Act is amended by omitting from sub-section (2) “1953-1974” and substituting “1953”.

Interpretation

119. Section 27 of the Principal Act is amended by omitting from paragraph (b) “Social Services Act 1947-1974” and substituting “Social Security Act 1947”.


 

Repealed Parts of the Sheltered Employment (Assistance) Act to continue in force, &c.

120. Section 37 of the Principal Act is amended by omitting from paragraph (1) (a) “Director-General of Social Services” and substituting “Director-General of Social Security”.

Certain projects approved under repealed provisions to be approved projects under this Act, &c.

121. Section 38 of the Principal Act is amended by omitting “Director-General of Social Services” and substituting “Director-General of Social Security”.

PART XXXVIII—AMENDMENTS OF HOME DEPOSIT ASSISTANCE ACT 1982

Principal Act

122. The Home Deposit Assistance Act 198237 is in this Part referred to as the Principal Act.

Director-General may treat moneys as paid or expended

123. Section 31 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Reconsideration by Director-General

124. Section 47 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Further amendments

125. The Principal Act is amended as set out in Schedule 2.

PART XXXIX—AMENDMENTS OF HOMELESS PERSONS ASSISTANCE ACT 1974

Principal Act

126. The Homeless Persons Assistance Act 197438 is in this Part referred to as the Principal Act.

Interpretation

127. Section 3 of the Principal Act is amended by omitting “an endowment under Part VI of the Social Services Act 1947-1974” from paragraph (b) of the definition of “homeless person” and substituting “a family allowance under Part VI of the Social Security Act 1947”.

Advisory committees

128. Section 15 of the Principal Act is amended by omitting from sub-section (4) “1973-1974” and substituting “1973”.


 

Moneys to be paid out of National Welfare Fund

129. Section 18 of the Principal Act is amended by omitting “1943-1952” and substituting “1943”.

PART XL—AMENDMENTS OF HOMES SAVINGS GRANT ACT 1964

Principal Act

130. The Homes Savings Grant Act 196439 is in this Part referred to as the Principal Act.

Appeal to Director-General

131. Section 11 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Power of Director-General to treat moneys as paid or expended

132. Section 17c of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Power of Director-General to treat person as having continued to hold acceptable savings in certain circumstances

133. Section 17d of the Principal Act is amended by omitting “Secretary” and substituting “Director-General”.

134. After section 31 of the Principal Act the following section is inserted:

References to Director-General include references to Secretary

“31a. (1) A reference in this Act to the Director-General shall, in relation to the doing of any act or thing under this Act before 7 May 1982, be read as a reference to the Permanent Head of the Department of Housing and Construction or to a delegate of the Permanent Head of the Department of Housing and Construction.

“(2) Where, immediately before the commencement of this section, there were pending in any court or tribunal any proceedings under this Act to which the Minister for Housing and Construction, or the Permanent Head of the Department of Housing and Construction, was, in his capacity as Minister or Permanent Head, a party, those proceedings may be continued by or against the Minister for Social Security or the Director-General of Social Security, as the case may be.”.

Further amendments

135. The Principal Act is amended as set out in Schedule 3.


 

PART XLI—AMENDMENTS OF HOMES SAVINGS GRANT ACT 1976

Principal Act

136. The Homes Savings Grant Act 197640 is in this Part referred to as the Principal Act.

Power of Director-General to treat person as having continued to hold acceptable savings in certain circumstances

137. Section 28 of the Principal Act is amended by omitting “Secretary” and substituting “Director-General”.

Power of Director-General to treat moneys as paid or expended

138. Section 30 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Reconsideration by Director-General

139. Section 39 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

140. After section 53a of the Principal Act the following section is inserted:

References to Director-General include references to Secretary

“53b. (1) A reference in this Act to the Director-General shall, in relation to the doing of any act or thing under this Act before 7 May 1982, be read as a reference to the Permanent Head of the Department of Housing and Construction or to a delegate of the Permanent Head of the Department of Housing and Construction.

“(2) Where, immediately before the commencement of this section, there were pending in any court or tribunal any proceedings under this Act to which the Minister for Housing and Construction, or the Permanent Head of the Department of Housing and Construction, was, in his capacity as Minister or Permanent Head, a party, those proceedings may be continued by or against the Minister for Social Security or the Director-General of Social Security, as the case may be.”.

Further amendments

141. The Principal Act is amended as set out in Schedule 4.

PART XLII—AMENDMENT OF HONEY INDUSTRY ACT 1962

Principal Act

142. The Honey Industry Act 196241 is in this Part referred to as the Principal Act.


 

Loans to be arranged by the Minister

143. Section 23a of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) guarantee to the bank the repayment of any loan made by the bank in pursuance of the arrangement, and the payment of interest on any loan so made, out of moneys made available by the Parliament.”.

PART XLIII—AMENDMENTS OF HONEY LEVY COLLECTION ACT 1962

Principal Act

144. The Honey Levy Collection Act 196242 is in this Part referred to as the Principal Act.

Definitions

145. Section 3 of the Principal Act is amended by omitting “of Primary Industry” from the definition of “the Secretary”.

Penalty for non-payment

146. Section 8 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:

“(3) The Minister or, subject to sub-section (4), a person authorized in writing by the Minister for the purposes of this section may, in a particular case, for a reason that the Minister or the authorized person, as the case may be, in his discretion thinks sufficient, remit the whole or a part of an amount payable under this section.

“(4) A remission granted under sub-section (3) by a person authorized by the Minister for the purposes of this section shall not exceed $100.”.

147. After section 12 of the Principal Act the following section is inserted:

Review of decisions

“12a. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 8 (3).

“(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 8 (3), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.”.


 

PART XLIV—AMENDMENTS OF INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976

Principal Act

148. The Industrial Research and Development Incentives Act 197643 is in this Part referred to as the Principal Act.

Limitation of number of years in respect of which grants payable to a company

149. (1) Section 25 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) An eligible company is not entitled to a commencement grant in respect of any grant year subsequent to the fourth consecutive grant year after the grant year in respect of which it first applies for a commencement grant.

“(3) An eligible company is not entitled to a commencement grant in respect of the first grant year in respect of which it applies for a commencement grant if the sum of—

(a) the number of grants of financial assistance (if any) received by the eligible company under the previous Act;

(b) the number of grants of financial assistance (if any) received under the previous Act by any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the grant year; and

(c) the number of commencement grants (if any) to which any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the grant year has become or, in the opinion of the Board, will become entitled,

is or exceeds 5.

“(4) An eligible company is not entitled to a commencement grant in respect of a grant year (in this sub-section referred to as the ‘current grant year’) subsequent to the first grant year in respect of which it applied for a commencement grant if the sum of—

(a) the number of grants of financial assistance (if any) received by the eligible company under the previous Act;

(b) the number of grants of financial assistance (if any) received under the previous Act by any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the current grant year;

(c) the number of commencement grants (if any) to which any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the current grant year has become or, in the opinion of the Board, will become entitled; and


 

(d) the number of grant years from and including the first grant year in respect of which the eligible company applied for a commencement grant (but not including the current grant year),

is or exceeds 5.

“(5) A reference in this section to a grant received by a company that, by virtue of section 5, is deemed to be, or to have been, related to an eligible company at any time during a grant year is a reference to a grant received by such a company in respect of any grant year, whether or not the company was or would have been deemed, by virtue of section 5, to have been related to the eligible company at any time during that last-mentioned grant year.”.

(2) The amendment made by sub-section (1) does not operate to deprive a company of any entitlement to a commencement grant in respect of a grant year if an application for a commencement grant in respect of that grant year was made on or before 17 August 1982.

150. (1) Section 26a of the Principal Act is repealed and the following section is substituted:

Effect of reconstruction of companies

“26a. Where the Board is satisfied that a company that has, after 17 August 1982, applied for a commencement grant in respect of the grant year ending on 30 June 1982 or in respect of any subsequent grant year is carrying on operations in the nature of industrial research and development the whole or a substantial part of which was previously carried on by another company that became, or will become, entitled to a commencement grant, or to a grant of financial assistance under the previous Act, the Board may, for the purposes of the application, treat the applicant company and the other company as one company.”.

(2) Notwithstanding the repeal effected by sub-section (1), section 26a of the Principal Act continues to have effect in relation to applications made under that Act on or before 17 August 1982.

Applications

151. Section 34 of the Principal Act is amended—

(a) by omitting “has been received by the Board or” from sub-section (3); and

(b) by inserting after sub-section (3) the following sub-sections:

“(3a) An application by a company for a commencement grant in respect of the grant year that ended on 30 June 1982 or any subsequent grant year shall be deemed not to have been made unless—

(a) it is received as mentioned in sub-section (3) on or before 30 September next after the end of that grant year; or

(b) on or before 30 September next after the end of that grant year, the company has given the Board notice in writing stating that it will be unable to make an application for a commencement


 

grant in respect of that grant year on or before that 30 September and the application is received as mentioned in sub-section (3) on or before 30 November next after the end of that grant year.

“(3b) A notice for the purposes of paragraph (3a) (b) shall be deemed not to have been given until it has been received on behalf of the Board by a member of the staff assisting the Board or by a person appointed by the Board to receive such notices.

“(3c) An application by a company for a commencement grant in respect of the grant year that ended on 30 June 1981 or any previous grant year shall be deemed not to have been made unless it was received as mentioned in sub-section (3) on or before 17 August 1982.”.

152. After section 34 of the Principal Act the following section is inserted:

Effect of late application

“34a. Where an application for a commencement grant in respect of a grant year is made by a company, as provided by paragraph 34 (3a) (b), after 30 September in a year, the Board shall not authorize payment of a commencement grant to the company in respect of that grant year before 1 July in the following year.”.

PART XLV—AMENDMENTS OF LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964

Principal Act

153. The Live-stock Slaughter Levy Collection Act 196444 is in this Part referred to as the Principal Act.

154. After section 4 of the Principal Act the following section is inserted:

Authorized persons

“4a. A reference in a provision of this Act to an authorized person is a reference to—

(a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of the provision; or

(b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of the provision.”.

Penalty for non-payment

155. Section 9 of the Principal Act is amended—

(a) by omitting from sub-section (3) “a person authorized, in writing, by the Minister for the purposes of this section” and substituting “an authorized person”; and


 

(b) by omitting from sub-section (4) “a person authorized by the Minister for the purposes of this section” and substituting “an authorized person”.

156. Section 15 of the Principal Act is repealed and the following sections are substituted:

Access to premises

“15. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(2) Where an authorized person has reason to believe that there are on any premises (including premises of, or occupied by, a State or an authority of a State) books, documents or papers relating to the slaughter of live-stock in respect of which levy is, or may be, payable, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation—

(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to the slaughter of live-stock in respect of which levy is, or may be, payable; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the person thinks necessary, to enter the premises, during such hours as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

“(4) A warrant granted under sub-section (3) shall specify a date after which the warrant ceases to have effect.

“(5) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

“(6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or acting in pursuance of sub-section (5).

Penalty: $200.

“(7) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to the slaughter of live-stock in respect of which levy is, or may be, payable.


 

Review of decisions

“15a (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 9 (3).

“(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 9 (3), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.”.

PART XLVI—AMENDMENTS OF MEAT CHICKEN LEVY COLLECTION ACT 1969

Principal Act

157. The Meat Chicken Levy Collection Act 196945 is in this Part referred to as the Principal Act.

Interpretation

158. Section 3 of the Principal Act is amended—

(a) by omitting “of Primary Industry” from the definition of “the Secretary”; and

(b) by adding at the end thereof the following sub-section:

“(2) A reference in a provision of this Act to an authorized person is a reference to—

(a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of the provision; or

(b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of the provision.”.

Penalty for non-payment

159. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (2) “, or a person authorized in writing by the Minister to grant remissions under this sub-section,” and substituting “or an authorized person”; and

(b) by inserting in sub-section (2) “authorized” before “person” (last occurring).


 

160. Section 9 of the Principal Act is repealed and the following section is substituted:

Access to premises

“9. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(2) Where an authorized person has reason to believe that there are on any premises (including premises of, or occupied by, a State or an authority of a State) books, documents or papers relating to relevant matters, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation—

(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to relevant matters; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the person thinks necessary, to enter the premises, during such hours as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

“(4) A warrant granted under sub-section (3) shall specify a date after which the warrant ceases to have effect.

“(5) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

“(6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or acting in pursuance of sub-section (5).

Penalty: $200.

“(7) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to relevant matters.

“(8) In this section—

‘premises’ means a hatchery or a place of business; ‘relevant matters’ means—

(a) eggs to be used for the hatching of chickens;

(b) the hatching of chickens; and

(c) chickens less than one month old.”.


 

161. After section 10 of the Principal Act the following section is inserted:

Review of decisions

“10a. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 5 (2).

“(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 5 (2), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.”.

PART XLVII—AMENDMENTS OF NATIONAL LABOUR CONSULTATIVE COUNCIL ACT 1977

Principal Act

162. The National Labour Consultative Council Act 197746 is in this Part referred to as the Principal Act.

Interpretation

163. Section 3 of the Principal Act is amended—

(a) by omitting the definition of “Minister”; and

(b) by inserting after the definition of “member” the following definition:

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

Membership of Council

164. Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (1) “18” and substituting “16”;

(b) by omitting paragraphs (1) (b), (ba) and (bb) and substituting the following paragraph:

“(b) the Secretary;”; and

(c) by omitting from paragraph (1) (d) “Confederation of Australian Industry, National Employers’ Industrial Council” and substituting “Confederation of Australian Industry Industrial Council”.

Substitute members

165. Section 10 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The Minister or the Secretary may nominate a person to attend a meeting of the Council in the place of the Minister or the Secretary, as the case may be.”.


 

PART XLVIII—AMENDMENTS OF NAVIGATION ACT 1912

Principal Act

166. The Navigation Act 191247 is in this Part referred to as the Principal Act.

Interpretation

167. Section 6 of the Principal Act is amended—

(a) by inserting after the definition of “Collector” in sub-section (1) the following definition:

“‘Commonwealth authority’ means an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a body corporate incorporated under a law of the Commonwealth, of a State or of a Territory, being a body corporate in which the Commonwealth has a controlling interest;”;

(b) by omitting the definitions of “Commonwealth ship” and “consul” from sub-section (1) and substituting the following definitions:

“‘Commonwealth ship’ means a ship—

(a) that belongs to the Commonwealth or to a Commonwealth authority;

(b) the beneficial interest in which is vested in the Commonwealth or in a Commonwealth authority; or

(c) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Commonwealth or a Commonwealth authority,

but does not include a ship that belongs to the Australian Shipping Commission;

“‘consul’ includes—

(a) ambassador, high commissioner, commissioner or other head of mission;

(b) minister;

(c) chargé d’affairs; and

(d) counsellor, secretary or attaché of an embassy or other mission;”; and

(c) by inserting after the definition of “official log-book” in sub-section (1) the following definition:

“‘order’ means an order made under this Act or in pursuance of the regulations;”.

Repeal of section 175

168. Section 175 of the Principal Act is repealed.


 

Interpretation

169. Section 187a of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “survey authority” and substituting the following definition:

“‘survey authority’ means a corporation or association for the survey of shipping approved by the Minister under section 187ba;”; and

(b) by omitting from paragraph (b) of the definition of “the Container Convention” in sub-section (1) “any amendment” and substituting “the amendments to Annex 1 dated 2 April 1981 (a copy of the English text of which is set forth in Schedule 5a) and any other amendment”.

170. After section 187b of the Principal Act the following section is inserted:

Approved survey authority

“187ba. The Minister may, for the purposes of this Part, by instrument in writing approve a corporation or association for the survey of shipping.”.

Detention of ships not registered in Australia

171. Section 192a of the Principal Act is amended by omitting from sub-section (1) “such officer as is prescribed” and substituting “the Minister”.

Regulations

172. Section 232 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(3) Regulations made in pursuance of this section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (3).”.

173. Section 248 of the Principal Act is repealed and the following section is substituted:

Definition of dangerous goods

“248. (1) In this Division, ‘dangerous goods’ means the goods listed in the International Maritime Dangerous Goods Code.

“(2) In sub-section (1), ‘International Maritime Dangerous Goods Code’ means the Code of that name that is issued by the International Maritime Organization, as amended from time to time.”.

Repeal of section 256

174. Section 256 of the Principal Act is repealed.


 

Power to make regulations

175. Section 283a of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(3) Regulations made in pursuance of this section may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of this section.

“(4) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (3).”.

176. After section 295a of the Principal Act the following section is inserted:

Certain provisions of Part not applicable to certain wrecks

“295b. (1) The provisions of sections 302 to 312 (inclusive), section 314 and Divisions 3 and 4 do not apply in relation to a wreck—

(a) that is a historic shipwreck or historic relic within the meaning of a law of a State or of the Northern Territory that relates to shipwrecks or relics of historic significance; and

(b) in relation to which the provisions of that law apply.

“(2) Where the provisions referred to in sub-section (1) (in this sub-section referred to as the ‘relevant provisions’) cease to apply in relation to a wreck to which sub-section (1) applies, section 8 of the Acts Interpretation Act 1901 has effect in respect of any previous application of the relevant provisions in relation to that wreck as if the relevant provisions had been repealed by another Act with effect from the date on which they so ceased to apply, but nothing in this sub-section precludes the relevant provisions from again applying in relation to that wreck if it subsequently ceases to be a wreck to which sub-section (1) applies.”.

Removal of wrecks on or near coast

177. Section 329 of the Principal Act is amended by inserting after sub-section (3) the following sub-section:

“(3a) The Minister shall not exercise any of the powers referred to in sub-section (1) in relation to a wreck to which sub-section 295b (1) applies unless in his opinion it is necessary to do so for the purpose of—

(a) saving human life;

(b) securing the safe navigation of ships; or

(c) dealing with an emergency involving a serious threat to the environment.”.

Interpretation

178. Section 330 of the Principal Act is amended by omitting from sub-section (1) the definition of “Convention” and substituting the following definitions:


 

“‘Convention’ means the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957, a copy of the English text of which is set forth in Schedule 6, as amended by the Protocol;

“‘the Protocol’ means the Protocol amending the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957, being the Protocol a copy of the English text of which is set forth in Schedule 6a.”.

Regulations, &c.

179. Section 336 of the Principal Act is amended by omitting from paragraph (1) (b) “franc” and substituting “units of account”.

Penalties for certain offences

180. Section 392 of the Principal Act is amended by inserting in paragraph (2) (a) “, or both” after “4 years”.

Tonnage measurement regulations

181. (1) Section 405e of the Principal Act is amended by omitting sub-sections (4) and (5).

(2) A regulation made under sub-section 405e (4) of the Navigation Act 1912 and in force immediately before the commencement of this Part shall be taken for all purposes to have been made under sub-section 405pa (1) of that Act and a reference in that Act to a regulation made under sub-section 405pa (1) of that Act shall be construed as including a reference to a regulation to which this sub-section applies.

(3) An order made in pursuance of a regulation made under sub-section 405e (4) of the Navigation Act 1912 and in force immediately before the commencement of this Part shall be taken for all purposes to have been made in pursuance of a regulation made under sub-section 405pa (1) of that Act and a reference in that Act to an order made in pursuance of a regulation made under sub-section 405pa (1) of that Act shall be construed as including a reference to an order to which this sub-section applies.

182. After section 405p the following section is inserted in Part X:

Orders

“405pa. (1) The regulations may empower the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations by virtue of the provisions of this Part.

“(2) Section 426 applies to orders made in pursuance of regulations made by virtue of sub-section (1).”.


 

Regulations

183. Section 425 of the Principal Act is amended—

(a) by inserting after paragraph (1) (fa) the following paragraphs:

“(fb) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations under section 215;

“(fc) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations under section 229;

“(fd) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations under Division 6a of Part IV;

“(fe) empowering the Minister to make orders with respect to any matter for or in relation to which provision may be made by the regulations under section 258;”;

(b) by inserting after sub-section (1) the following sub-section:

“(1a) Subject to sub-section 48 (2) of the Acts Interpretation Act 1901, regulations made under this Act may be expressed to take effect at a time specified in the regulations on a date specified in the regulations and, where regulations are expressed to take effect at a specified time on a specified date, then, notwithstanding sub-section 3 (2) of the Acts Interpretation Act 1901, the regulations take effect at that specified time on that specified date.”;

(c) by omitting from sub-section (5) “or (fa)” and substituting “, (fa), (fb), (fc), (fd) or (fe)”;

(d) by omitting sub-section (7); and

(e) by omitting from sub-section (8) “or (fa)” and substituting “, (fa), (fb), (fc), (fd) or (fe)”.

Orders may be disallowed, &c.

184. Section 426 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) For the purposes of the application of sub-section 5 (3b) of the Statutory Rules Publication Act 1903 in accordance with sub-section (2), the reference in the first-mentioned sub-section to the Minister of State for Administrative Services shall be read as a reference to the Minister of State for Transport and Construction.”.

Schedule 5a

185. After Schedule 5 to the Principal Act, the Schedule set out in Schedule 5 to this Act is inserted.

Schedule 6a

186. After Schedule 6 to the Principal Act, the Schedule set out in Schedule 6 to this Act is inserted.


 

Further amendments

187. The Principal Act is amended as set out in Schedule 7.

PART XLIX—AMENDMENT OF NORFOLK ISLAND ACT 1979

Principal Act

188. The Norfolk Island Act 197948 is in this Part referred to as the Principal Act.

Laying of certain Ordinances before the Parliament

189. Section 28 of the Principal Act is amended by omitting from paragraph (7) (a) “sub-section (1)” and substituting “sub-section (2)”.

PART L—REPEAL OF NORTHERN TERRITORY RAILWAY EXTENSION ACT 1971

Principal Act

190. The Northern Territory Railway Extension Act 197149 is in this Part referred to as the Principal Act.

Repeal of Act

191. The Principal Act is repealed.

PART LI—AMENDMENTS OF NURSING HOMES ASSISTANCE ACT 1974

Principal Act

192. The Nursing Homes Assistance Act 197450 is in Part referred to as the Principal Act.

Interpretation

193. Section 3 of the Principal Act is amended by omitting “of Health” from the definition of “Permanent Head” in sub-section (1).

Evidence

194. Section 33 of the Principal Act is amended—

(a) by omitting paragraphs (1) (c) and (d) and substituting the following word and paragraph:

“and (c) an approval under this Act was subject to terms and conditions stated in the certificate.”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) The Permanent Head may, by writing under his hand, certify—

(a) that a document annexed to the certificate is a true copy of a document made or issued under this Act; or


 

(b) that—

(i) a document annexed to the certificate is a true copy of a document made or issued under this Act; and

(ii) the document of which the annexed document is certified to be a true copy had effect during a period or on a date specified in the certificate.”.

PART LII—AMENDMENTS OF OVERSEAS TELECOMMUNICATIONS ACT 1946

Principal Act

195. The Overseas Telecommunications Act 194651 is in this Part referred to as the Principal Act.

196. After section 6 of the Principal Act the following section is inserted in Part I:

Extension of Act to adjacent areas

“6a. (1) Subject to sub-section (2), the provisions of this Act apply in relation to the adjacent areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the adjacent areas in respect of the States and Territories.

“(2) The application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts, matters and things touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory and not otherwise.

“(3) Without limiting the generality of sub-section (2), the application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area in respect of a State or Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.

“(4) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1), as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

“(5) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1).


 

“(6) In this section, ‘adjacent area’, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.”.

General functions and duties of Commission

197. Section 34 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) Without limiting the generality of sub-section (1), the Commission may enter into an agreement with a person (including the Government of another country) for the provision of consultancy services by that person to the Commission in relation to any of the matters set out in sub-section (1).”.

Commission’s powers exercisable outside Australia

198. Section 34a of the Principal Act is amended—

(a) by omitting “the last preceding section” and substituting “section 34”;

(b) by omitting from paragraph (a) “paragraph (a) of that section” and substituting “paragraph 34 (1) (a)”; and

(c) by omitting from paragraph (b) “the last preceding paragraph” and substituting “paragraph (a)”.

199. After section 34a of the Principal Act the following section is inserted:

Commission may enter into consultancy agreement

“34b. (1) With the approval of the Minister, the Commission may enter into an agreement with another person (including the Government of another country) for the provision by the Commission to that person of consultancy services in a country outside Australia in relation to any aspect of telecommunications.

“(2) Subject to sub-section (3), where, under sub-section (1), the Commission enters into an agreement with a person for the provision by the Commission of consultancy services in a country outside Australia, the Commission is empowered to do any act or thing in that country in pursuance of the agreement.

“(3) The Commission shall not do any act or thing in a country that is not in accordance with the law of the country.”.

Policy of Commission

200. Section 38a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) Sub-section (2) does not apply in relation to a service made available in pursuance of an agreement entered into under sub-section 34b (1).”.


 

PART LIII—AMENDMENTS OF PARLIAMENT HOUSE CONSTRUCTION AUTHORITY ACT 1979

Principal Act

201. The Parliament House Construction Authority Act 197952 is in this Part referred to as the Principal Act.

Interpretation

202. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “Chairman” in sub-section (1) the following definition:

“‘Chief Executive’ means the Chief Executive of the Authority;”;

and

(b) by omitting from sub-section (1) the definition of “Executive Officer”.

Termination of appointments

203. Section 17 of the Principal Act is amended—

(a) by omitting from paragraph (2) (b) “or (6)” and substituting “, (6) or (6a)”;

(b) by omitting from paragraph (3) (b) “or (6)” and substituting “, (6) or (6a)”;

(c) by inserting after sub-section (6) the following sub-sections:

“(6a) A member who has a direct or indirect pecuniary interest in a matter that is the subject of a proposed resolution set out in a document for the purposes of sub-section 19 (10)—

(a) shall not sign a document in which the resolution is set out for the purposes of sub-section 19 (10); and

(b) shall, as soon as possible after he becomes aware that the matter is the subject of a proposed resolution or of a resolution, disclose the nature of his interest at a meeting of the Authority.

“(6b) A disclosure under paragraph (6a) (b) shall be recorded in the minutes of the Authority.”;

(d) by omitting from sub-section (7) “Sub-section (6) does” and substituting “Sub-sections (6) and (6a) do”; and

(e) by inserting in sub-section (8) “or (6a)” after “sub-section (4)”.

Meetings of the Authority

204. Section 19 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(10) Where a majority of the members of the Authority sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in the terms set out in the document shall be deemed to have been passed at a duly constituted meeting of the Authority held on the day on which the document was signed, or, if the members sign the document


 

on different days, on the day on which the document was last signed by a member.

“(11) For the purposes of sub-section (10), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be deemed to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.”.

205. After section 19 of the Principal Act the following section is inserted in Part III:

Delegation

“19a. (1) The Authority may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal, delegate to the Chief Executive or to another officer of the Authority all or any of its 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 Authority.

“(3) A delegation under this section does not prevent the exercise of a power by the Authority.”.

Chief Executive

206. Section 20 of the Principal Act is amended—

(a) by omitting from sub-section (1) “an Executive Officer” and substituting “a Chief Executive”; and

(b) by omitting from sub-section (2) “Executive Officer” and substituting “Chief Executive”.

Acting Chief Executive

207. Section 26 of the Principal Act is amended by omitting “Executive Officer” (wherever occurring) and substituting “Chief Executive”.

Further amendments

208. The Principal Act is amended as set out in Schedule 8.

Transitional provision in respect of existing Executive Officer

209. Notwithstanding the amendments made by this Part, the person who was the Executive Officer of the Authority immediately before the commencement of this Part shall, subject to the Parliament House Construction Authority Act 1979, hold office as the Chief Executive of the Authority, as if he had been appointed as the Chief Executive of the Authority under section 20 of the Principal Act as amended by this Part, for the remainder of the period for which he was appointed as Executive Officer of the Authority under the Principal Act.

PART LIV—AMENDMENTS OF PETROLEUM (SUBMERGED LANDS) ACT 1967

Principal Act

210. The Petroleum (Submerged Lands) Act 196753 is in this Part referred to as the Principal Act.

Formal amendments

211. The Principal Act is amended as set out in Schedule 9.

Schedule 2

212. Schedule 2 to the Principal Act is amended as set out in Schedule 10 to this Act.

PART LV—AMENDMENTS OF PIG INDUSTRY RESEARCH ACT 1971

Principal Act

213. The Pig Industry Research Act 197154 is in this Part referred to as the Principal Act.

Moneys to be paid into Research Account

214. Section 5 of the Principal Act is amended by omitting from paragraph (1) (b) “out of the Research Account in accordance with this Act” and substituting “out of the account kept under sub-section 5a (1)”.

215. After section 5 of the Principal Act the following section is inserted:

Separate accounts to be kept

“5a. (1) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of sub-paragraphs 5 (1) (a) (i) and (ii) and 5 (1) (aa) (i) and (ii) and paragraph 5 (1) (b).

“(2) A separate account shall be kept of the moneys in the Research Account representing—

(a) the amounts paid into the Research Account by virtue of sub-paragraphs 5 (1) (a) (iii) and 5 (1) (aa) (iii); and

(b) the amounts paid into the Research Account by virtue of sub-section 5 (2).”.

Application of the Research Account

216. Section 6 of the Principal Act is amended by omitting from sub-section (1) “the next succeeding sub-section, moneys standing to the credit of the Research Account” and substituting “sub-section (2), moneys standing to the credit of either of the accounts kept under section 5a”.


 

Constitution of Committee

217. (1) Section 9 of the Principal Act is amended—

(a) by omitting from paragraph (1) (e) “of Primary Industry”; and

(b) by omitting from paragraph (2) (b) “a period of three years” and substituting “such period, not exceeding 3 years, as is specified in their respective instruments of appointment”.

(2) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Committee who was appointed before the commencement of this Part.

Chairman of Committee

218. Section 10 of the Principal Act is amended by omitting “of Primary Industry”.

PART LVI—AMENDMENTS OF PIG MEAT PROMOTION ACT 1975

Principal Act

219. The Pig Meat Promotion Act 197555 is in this Part referred to as the Principal Act.

Constitution of Committee

220. (1) Section 9 of the Principal Act is amended—

(a) by omitting from paragraph (1) (b) “of Primary Industry”; and

(b) by omitting from paragraph (2) (b) “a period of three years” and substituting “such period, not exceeding 3 years, as is specified in their respective instruments of appointment”.

(2) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Committee who was appointed before the commencement of this Part.

PART LVII—AMENDMENT OF POSTAL SERVICES ACT 1975

Principal Act

221. The Postal Services Act 197556 is in this Part referred to as the Principal Act.

222. After section 3 of the Principal Act the following section is inserted:

Extension of Act to adjacent areas

“3a. (1) Subject to sub-section (2), the provisions of this Act apply in relation to the adjacent areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the adjacent areas in respect of the States and Territories.


 

“(2) The application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts, matters and things touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory and not otherwise.

“(3) Without limiting the generality of sub-section (2), the application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area in respect of a State or Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.

“(4) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1), as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

“(5) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1).

“(6) In this section, ‘adjacent area’, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.”.

PART LVIII—AMENDMENT OF POULTRY INDUSTRY ASSISTANCE ACT 1965

Principal Act

223. The Poultry Industry Assistance Act 196557 is in this Part referred to as the Principal Act.

Loans to State Egg Boards by Reserve Bank

224. Section 7 of the Principal Act is amended by omitting from sub-section (1) all the words from and including “the repayment” and substituting “the repayment of any loan made by the Bank in pursuance of the arrangement, and the payment of interest on any loan so made, out of moneys made available by the Parliament”.


 

PART LIX—AMENDMENTS OF POULTRY INDUSTRY LEVY COLLECTION ACT 1965

Principal Act

225. The Poultry Industry Levy Collection Act 196558 is in this Part referred to as the Principal Act.

Interpretation

226. Section 3 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) A reference in a provision of this Act to an authorized person is a reference to—

(a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of the provision; or

(b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of the provision.”.

Penalty for non-payment

227. Section 8 of the Principal Act is amended—

(a) by omitting from sub-section (2) “, or, subject to the next succeeding sub-section, a person authorized in writing by the Minister to grant remissions under this sub-section,” and substituting “or, subject to sub-section (3), an authorized person”;

(b) by inserting in sub-section (2) “authorized” before “person” (last occurring); and

(c) by omitting sub-section (3) and substituting the following sub-section:

“(3) A remission granted under sub-section (2) by an authorized person shall not exceed $100.”.

228. Section 11 of the Principal Act is repealed and the following sections are substituted:

Access to premises

“11. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(2) Where an authorized person has reason to believe that there are on any premises (including premises of, or occupied by, a State or an authority of a State)—

(a) hens kept for commercial purposes; or

(b) books, documents or papers relating to relevant matters,

the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation—

(a) that there is reasonable ground for believing that there are on the premises to which the application relates—

(i) hens kept for commercial purposes; or

(ii) books, documents or papers relating to relevant matters; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the person thinks necessary, to enter the premises, during such hours as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

“(4) A warrant granted under sub-section (3) shall specify a date after which the warrant ceases to have effect.

“(5) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

“(6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or acting in pursuance of sub-section (5).

Penalty: $100.

“(7) The functions of an authorized person under this section are—

(a) to search for, examine and count hens and other domesticated fowls; and

(b) to search for, inspect, take extracts from and make copies of any books, documents or papers relating to relevant matters.

“(8) In this section, ‘relevant matters’ means the keeping of chickens or hens for commercial purposes or the hatching of chickens.

Review of decisions

“11a. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 8 (2).”.

“(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 8 (2), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.”.

PART LX—AMENDMENTS OF PUBLIC ACCOUNTS COMMITTEE ACT 1951

Principal Act

229. The Public Accounts Committee Act 195159 is in this Part referred to as the Principal Act.

Sectional Committees

230. Section 9 of the Principal Act is amended—

(a) by omitting from sub-section (3) “sections 5, 8 and 12” and substituting “section 5, sub-section 7 (1) and sections 8 and 12”; and

(b) by inserting after sub-section (3) the following sub-section:

“(3a) At a meeting of a Sectional Committee, a quorum is constituted by—

(a) in the case of a Sectional Committee of no more than 5 members—2 members;

(b) in the case of a Sectional Committee of 6 or 7 members—3 members; and

(c) in the case of a Sectional Committee of 8 or 9 members—4 members.”.

PART LXI—AMENDMENTS OF PUBLIC SERVICE ACT 1922

Principal Act

231. The Public Service Act 192260 is in this Part referred to as the Principal Act.

Schedules 2 and 3

232. Schedules 2 and 3 to the Principal Act are repealed and the Schedules set out in Schedule 11 to this Act are substituted.

PART LXII—AMENDMENTS OF PUBLIC WORKS COMMITTEE ACT 1969

Principal Act

233. The Public Works Committee Act 196961 is in this Part referred to as the Principal Act.

Bodies to which Act applies

234. Section 6a of the Principal Act is amended—

(a) by omitting from paragraph (2) (b) “or”; and

(b) by inserting after paragraph (2) (b) the following paragraph:

“(ba) the Australian Maritime College; or”.

Reference of public works to the Committee

235. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (3) “Housing” and substituting “Transport”; and

(b) by omitting from sub-section (8a) “Housing” and substituting “Transport”.

Review of reports

236. Section 19 of the Principal Act is amended by omitting from sub-section (2) “Housing” and substituting “Transport”.

PART LXIII—AMENDMENTS OF RE-ESTABLISHMENT AND EMPLOYMENT ACT 1945

Principal Act

237. The Re-establishment and Employment Act 194562 is in this Part referred to as the Principal Act.

Interpretation

238. Section 4 of the Principal Act is amended by omitting from sub-section (3) “, Part IV”.

Repeal of Part IV

239. Part IV of the Principal Act is repealed.

Extension of operation of certain provisions to members of the Forces (Korea and Malaya Operations)

240. Section 138 of the Principal Act is amended by omitting paragraph (2) (c).

Interpretation

241. Section 139 of the Principal Act is amended by omitting from sub-section (1) the definition of “operational area” and substituting the following definition:

“‘operational area’ means—

(a) in relation to the war service of members of the Naval and Air Forces of the Commonwealth or the Naval and Air Forces of a part of the Queen’s dominions other than the Commonwealth, being service before 20 April 1956—the area of Korea, including the waters contiguous to the coast of Korea for a distance of 100 nautical miles seaward from the coast;

(b) in relation to the war service of members of the Military Forces of the Commonwealth or the Military Forces of a part of the Queen’s dominions other than the Commonwealth, being service before 20 April 1956—the area of Korea, including the waters contiguous to the

coast of Korea for a distance of 10 nautical miles seaward from the coast; and

(c) in relation to the war service of members of the Military and Air Forces of the Commonwealth or the Military and Air Forces of a part of the Queen’s dominions other than the Commonwealth, being service before the commencement of the Repatriation (Far East Strategic Reserve) Act 1956—the area of Malaya, including the waters contiguous to the coast of Malaya for a distance of 10 nautical miles seaward from the coast.”.

Extension of Part VIII of the Social Security Act to certain members of the Forces

242. Section 150 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Social Services Consolidation Act 1947-1951” and substituting “Social Security Act 1947”;

(b) by omitting from sub-section (2) “Social Services Consolidation Act 1947-1951” and substituting “Social Security Act 1947”; and

(c) by omitting from sub-section (3) “, or a person who is included in a prescribed class of persons and”, and substituting “who”.

Rehabilitation allowance during treatment

243. Section 151 of the Principal Act is amended—

(a) by omitting “Social Services Consolidation Act 1947-1951” and substituting “Social Security Act 1947”; and

(b) by omitting from paragraph (b) “wife’s allowance and child’s allowance” and substituting “wife’s pension”.

PART LXIV—AMENDMENT OF REMOVAL OF PRISONERS (AUSTRALIAN CAPITAL TERRITORY) ACT 1968

Principal Act

244. The Removal of Prisoners (Australian Capital Territory) Act 196863 is in this Part referred to as the Principal Act.

Saving of certain laws

245. Section 11 of the Principal Act is amended by omitting from paragraph (b) “and 20” and substituting “, 20 and 20ab”.

PART LXV—AMENDMENTS OF REPRESENTATION ACT 1905

Principal Act

246. The Representation Act 190564 is in this Part referred to as the Principal Act.

Power to make regulations

247. Section 13 of the Principal Act is amended—

(a) by omitting sub-section (2);

(b) by omitting from sub-section (3) “A regulation” and substituting “Notwithstanding section 48 of the Acts Interpretation Act 1901, a regulation”; and

(c) by omitting from sub-section (4) “If” and substituting “Notwithstanding section 48 of the Acts Interpretation Act 1901, if”.

PART LXVI—AMENDMENTS OF SCIENCE AND INDUSTRY RESEARCH ACT 1949

Principal Act

248. The Science and Industry Research Act 194965 is in this Part referred to as the Principal Act.

Interpretation

249. Section 7 of the Principal Act is amended by adding “and includes the Committee established by sub-section 38a (1)” at the end of the definition of “State Committee”.

250. After section 38 of the Principal Act the following section is inserted:

Northern Territory Committee

“38a. (1) There is established by this section, in the Northern Territory, a Committee (in this section referred to as the ‘Northern Territory Committee’) consisting of—

(a) a Chairman; and

(b) not more than 11 (or, if a higher number is prescribed for the purposes of paragraph 38 (1) (b), that higher number) other members.

“(2) The members of the Northern Territory Committee shall be appointed by the Minister and shall be so appointed as part-time members.

“(3) Members of the Northern Territory Committee shall include—

(a) persons selected by reason of their association with industry, tertiary education and community interests in the Northern Territory; and

(b) persons selected from Departments or Authorities of the Government of the Northern Territory.

“(4) The period of appointment of the members of the Northern Territory Committee shall be the same as the period of appointment prescribed for the purposes of sub-section 38 (4).”.

Functions of State Committees

251. Section 39 of the Principal Act is amended by inserting in paragraphs (a) and (b) “or Territory” after “State”.

Meetings of State Committees

252. Section 40 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) The regulations in force from time to time under sub-section (1) apply in relation to the Committee established by sub-section 38a (1) as if references in those regulations to State Committees were references to that first-mentioned Committee.”.

PART LXVII—AMENDMENTS OF SEAMEN’S COMPENSATION ACT 1911

Principal Act

253. The Seamen’s Compensation Act 191166 is in this Part referred to as the Principal Act.

Detention of ship

254. Section 13 of the Principal Act is amended by omitting from sub-section (1) “Business and Consumer Affairs” and substituting “Industry and Commerce”.

Schedule 2

255. Schedule 2 to the Principal Act is amended by omitting from paragraph (3) “the High Court or to the Supreme Court of the State” and substituting “the Supreme Court of the State or Territory”.

PART LXVIII—AMENDMENTS OF SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910

Principal Act

256. The Seat of Government (Administration) Act 191067 is in this Part referred to as the Principal Act.

Ordinances

257. Section 12 of the Principal Act is amended—

(a) by inserting after sub-section (9) the following sub-sections:

“(9a) Every determination shall be laid before each House of the Parliament within fifteen sitting days of that House after the day on which the determination is made and, if it is not so laid before each House of the Parliament, shall be void and of no effect.

“(9b) Sub-sections (4) to (7), inclusive, of this section apply to and in relation to a determination laid before a House of the Parliament as if the references in those sub-sections to an Ordinance were references to a determination.”; and

(b) by inserting before the definition of “Ordinance” in sub-section (10) the following definition:

“‘determination’ means a determination made by a Minister pursuant to a provision of an Ordinance empowering him to determine, by notice in writing published in the Gazette, fees or charges for the purposes of the Ordinance;”.

PART LXIX—AMENDMENT OF STATES GRANTS (PETROLEUM PRODUCTS) ACT 1965

Principal Act

258. The States Grants (Petroleum Products) Act 196568 is in this Part referred to as the Principal Act.

Disallowance of amendment of schedule to scheme

259. Section 7a of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:

“(3) Where an amendment of the schedule to the scheme in relation to a State—

(a) is disallowed, or is deemed to have been disallowed, under section 48 of the Acts Interpretation Act 1901 as applied by sub-section (2) of this section; or

(b) becomes void and of no effect by virtue of the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section (2) of this section,

the schedule has effect as if the amendment had been revoked with effect from and including the date of the disallowance or the date on which the amendment became void and of no effect, as the case may be.”.

PART LXX—AMENDMENT OF STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT 1981

Principal Act

260. The Statute Law (Miscellaneous Amendments) Act 198169 is in this Part referred to as the Principal Act.

Oath of allegiance and office by Judge

261. Section 14 of the Principal Act is amended by omitting “‘or some other person appointed by the Governor-General in that behalf,’” and substituting “‘or some person appointed by the Governor-General in that behalf,’”.

PART LXXI—AMENDMENTS OF STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 1) 1982

Principal Act

262. The Statute Law (Miscellaneous Amendments) Act (No. 1) 198270 is in this Part referred to as the Principal Act.

Amendment of certain provisions of the Principal Act

263. Each of the following sections of the Principal Act, namely, sections 4, 53, 58, 77, 79, 147, 151, 153, 157, 165 and 206 is amended by omitting from paragraph (b) “(third and fourth occurring)” and substituting “(second-last and last occurring)”.

PART LXXII—AMENDMENT OF STATUTE LAW REVISION ACT 1981

Principal Act

264. The Statute Law Revision Act 198171 is in this Part referred to as the Principal Act.

Schedule 4

265. Part IV of Schedule 4 of the Principal Act is amended by omitting “States Grants (Water Resources Assessment) Act 1973” and substituting “States Grants (Water Resources Measurement) Act 1973”.

PART LXXIII—AMENDMENT OF TELECOMMUNICATIONS ACT 1975

Principal Act

266. The Telecommunications Act 197572 is in this Part referred to as the Principal Act.

267. After section 3 of the Principal Act the following section is inserted in Part I:

Extension of Act to adjacent areas

“3a. (1) Subject to sub-section (2), the provisions of this Act apply in relation to the adjacent areas in respect of the States and Territories as if references in this Act to Australia, when used in a geographical sense, included references to the adjacent areas in respect of the States and Territories.

“(2) The application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts, matters and things touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory and not otherwise.

“(3) Without limiting the generality of sub-section (2), the application of the provisions of this Act in relation to the adjacent areas in respect of the States and Territories by virtue of sub-section (1) extends to and in relation to all acts done by or in relation to, and all matters, circumstances and things affecting, any person who is in the adjacent area in respect of a State or Territory for a reason touching, concerning, arising out of or connected with the exploration of, or the exploitation of the resources of, the continental shelf of Australia or of an external Territory.

“(4) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1), as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

“(5) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under the provisions of this Act having effect by virtue of sub-section (1).

“(6) In this section, ‘adjacent area’, in relation to a State or Territory, has the same meaning as in the Petroleum (Submerged Lands) Act 1967.”.

PART LXXIV—AMENDMENT OF TERRITORY AUTHORITIES (FINANCIAL PROVISIONS) ACT 1978

Principal Act

268. The Territory Authorities (Financial Provisions) Act 197873 is in this Part referred to as the Principal Act.

Schedule

269. The Schedule to the Principal Act is amended by omitting from Part II “Canberra Showground Trust” and substituting “National Exhibition Centre Trust”.

PART LXXV—AMENDMENTS OF THERAPEUTIC GOODS ACT 1966

Principal Act

270. The Therapeutic Goods Act 196674 is in this Part referred to as the Principal Act.

Interpretation

271. Section 5 of the Principal Act is amended by omitting “under the direction” from paragraph (a) of the definition of “British Pharmacopoeia” in sub-section (1) and substituting “on the recommendation”.

Determination of standards for specific goods

272. Section 11 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) Without limiting the generality of sub-section (1), the Minister may, in an order made under this section specifying a standard for a substance or article, specify that a matter relating to the standard is to be determined in accordance with a test specified in the order.”.

Determination of general standards

273. Section 13 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:

“(2a) Without limiting the generality of sub-section (1), the Minister may, in an order made under this section specifying, with respect to a matter that is a prescribed matter, a standard for a substance or article, specify that the matter is to be determined in accordance with a test specified in the order.”.

Repeal of section 14

274. (1) Section 14 of the Principal Act is repealed.

(2) Notwithstanding the repeal effected by sub-section (1), an order made under section 14 of the Principal Act that was in force immediately before the commencement of this section—

(a) may be revoked by the Minister by order in writing; and

(b) continues in force until it is revoked as provided by paragraph (a).

275. After section 15 of the Principal Act the following section is inserted:

Instruments may contain several orders

“15a. Nothing in this Act prevents the making of 2 or more orders under this Act by a single instrument.”.

Mode of specifying standards, &c.

276. Section 16a of the Principal Act is amended by omitting from sub-section (1) “,14”.

277. Section 29a of the Principal Act is repealed and the following section is substituted:

Applications for review

“29a. (1) Applications may be made to the Administrative Appeals Tribunal for review of relevant decisions.

“(2) Where a person is given notice in writing of a relevant decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the relevant decision to which the notice relates


 

by or on behalf of the person or persons whose interests are affected by the relevant decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a relevant decision does not affect the validity of the relevant decision.

“(4) In this section, ‘relevant decision’ means—

(a) a refusal by the Director-General to grant an application made under paragraph 23d (2) (b);

(b) a revocation by the Director-General pursuant to sub-section 23d (5) of a notice under paragraph 23d (2) (b);

(c) a refusal by the Director-General to grant an application made under paragraph 23e (5) (a), (7) (a) or (7) (b);

(d) a refusal by the Director-General to grant an application made under sub-section 23e (8); and

(e) a revocation by the Director-General pursuant to sub-section 23e (9) of a notice under paragraph 23e (5) (a), (7) (a) or (7) (b).”.

PART LXXVI—AMENDMENT OF TRADE PRACTICES ACT 1974

Principal Act

278. The Trade Practices Act 197475 is in this Part referred to as the Principal Act.

Acting appointments

279. Section 34 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Where—

(a) the President is, or is expected to be, absent from duty; or

(b) there is, or is expected to be, a vacancy in the office of President,

the Attorney-General may appoint a Deputy President or an acting Deputy President to act as President during the absence, or while there is a vacancy in the office of President, as the case may be.”.

PART LXXVII—AMENDMENTS OF CERTAIN ACTS TO AMEND OR OMIT REFERENCES TO VARIOUS MINISTERS, DEPARTMENTS AND PERMANENT HEADS

Amendments of certain Acts

280. (1) The Acts specified in Column 1 of Schedule 12 are amended as set out in Columns 2 and 3 of that Schedule.

(2) Where—

(a) before the commencement of this section, an Act contained a reference to a particular Minister (in this sub-section referred to as the


 

“previous Minister”), or to the Permanent Head or an officer of a particular Department (in this sub-section referred to as the “previous Department”); and

(b) by virtue of the operation of sub-section (1), a reference to another Minister, or to the Permanent Head or an officer of another Department, was substituted for the reference mentioned in paragraph (a),

the reference to the other Minister or to the Permanent Head or officer of the other Department shall, in relation to the doing of any act or thing under the Act before 7 May 1982, be read as a reference to the previous Minister or to the Permanent Head or an officer of the previous Department, as the case may be.

(3) Where—

(a) immediately before the commencement of this section, there were pending in any court or tribunal any proceedings under an Act to which a particular Minister or the Permanent Head of a particular Department was, in his capacity as Minister or Permanent Head, a party;

(b) by virtue of the operation of sub-section (1), references to another Minister, or to the Permanent Head of another Department, were substituted for references in that Act to the Minister or Permanent Head mentioned in paragraph (a),

those proceedings may be continued by or against the other Minister or the Permanent Head of that other Department, as the case may be.

 


 

SCHEDULE 1                                    Section 106

FORMAL AMENDMENTS OF THE EXPLOSIVES ACT 1961

Provision

Amendment

Section 5..............................

Omit “either of the last two preceding paragraphs of this definition” from the definition of “explosives”, substitute “paragraph (a) or (b)”.

Paragraph 11 (2) (a)...........

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

Sub-section 11 (3)..............

Omit “paragraph (ab) or in paragraph (b) of section nine of this Act”, substitute “paragraph 9 (ab) or (b)”.

 

Omit “of this section”.

Sub-section 11a (2)............

Omit “paragraph (ab) or in paragraph (b) of section nine of this Act”, substitute “paragraph 9 (ab) or (b)”.

 

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

Sub-section 12 (2)..............

Omit “ten”, substitute “10”.

Sub-section 14 (2)..............

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

Paragraph 20 (a).................

Omit “One thousand dollars”, substitute “$1,000”.

Omit “six”, substitute “6”.

 

Omit “Two hundred dollars”, substitute “$200”.

SCHEDULE 2                                    Section 125

AMENDMENTS OF THE HOME DEPOSIT ASSISTANCE ACT 1982

Provision

Amendment

Sub-section 4 (1).................

Omit “Secretary” (wherever occurring) from the definition of “approved interest”, substitute “Director-General”.

 

Omit the definition of “Department”, substitute the followinng definition: “‘Director-General’ means the Director-General of Social Security;”.

 

 

Omit “Secretary” from paragraph (b) of the definition of “rural property”, substitute “Director-General”.

 

Omit “Secretary” from paragraph (g) of the definition of “savings bank”, substitute “Director-General”.

 

Omit the definition of “Secretary”.

 

Omit “Secretary” from paragraph (e) of the definition of “trading bank”, substitute “Director-General”.

Sub-section 4 (2).................

Omit “Secretary”, substitute “Director-General”.

Sub-section 4 (4).................

Omit “Secretary”, substitute “Director-General”.

Section 5..............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 6..............................

Omit “Secretary”, substitute “Director-General”.

Section 7..............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 9 (1).................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 11............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Paragraph 13 (b).................

Omit “Secretary”, substitute “Director-General”.

Section 14............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 15............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 16............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 17............................

Omit “Secretary”, substitute “Director-General”.

Sub-section 18 (2)..............

Omit “Secretary”, substitute “Director-General”.

Section 19............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 24 (1)..............

Omit “Secretary”, substitute “Director-General”.

Sub-section 25 (1)..............

Omit “Secretary”, substitute “Director-General”.

Sub-section 26 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.


 

SCHEDULE 2—continued

Provision

Amendment

Sub-section 27 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 28............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 29............................

Omit “Secretary”, substitute “Director-General”.

Paragraph 30 (c).................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 34............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 36 (2)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 37 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 38............................

Omit “Secretary”, substitute “Director-General”.

Sub-section 39 (8)..............

Omit “Secretary”, substitute “Director-General”.

Section 40............................

Omit “Social Services Act 1947” (wherever occurring), substitute “Social Security Act 1947”.

Section 41............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

 

Omit “Social Services Act 1947”, substitute “Social Security Act 1947”.

Paragraph 42 (a).................

Omit “Social Services Act 1947”, substitute “Social Security Act 1947”.

Section 44............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 45............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 46............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 50 (2)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 51............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 52............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 53............................

Omit “Secretary”, substitute “Director-General”.

Section 54............................

Omit “Secretary”, substitute “Director-General”.

Section 55............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Paragraph 56 (1) (a)...........

Omit “Secretary”, substitute “Director-General”.

Section 58............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 59 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 60 (5)..............

Omit “Secretary”, substitute “Director-General”.

Section 63............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 64............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

SCHEDULE 3                                    Section 135

AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1964

Provision

Amendment

Sub-section 4 (1).................

Omit “Secretary” (wherever occurring) from the definition of “approved interest”.

 

Insert after the definition of “dependent child” the following definition: “‘Director-General’ means the Director-General of Social Security;”.

 

 

Omit “Secretary” from paragraph (f) of the definition of “savings bank”, substitute “Director-General”.

 

Omit the definition of “Secretary”.

 

Omit “Secretary” (wherever occurring) from the definition of “the prescribed date”, substitute “Director-General”.

 

Omit “Secretary” from paragraph (e) of the definition of “trading bank”, substitute “Director-General”.

Sub-section 4 (1a)..............

Omit “Secretary”, substitute “Director-General”.

Sub-section 4 (1b)..............

Omit “Secretary”, substitute “Director-General”.

Paragraph 4 (2a) (d)..........

Omit “Secretary” (wherever occurring), substitute “Director-General”.


 

SCHEDULE 3—continued

Provision

Amendment

Sub-section 4 (7).................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 4a (1)..............

Omit “Secretary”, substitute “Director-General”.

Section 4b............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 4c............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 6..............................

Omit “Secretary”, substitute “Director-General”.

Sub-section 7 (1).................

Omit “Secretary”, substitute “Director-General”.

Paragraph 7 (1) (a).............

Omit “of Housing and Construction”.

Paragraph 7 (1) (b).............

Omit “that Department”, substitute “the Department”.

Sub-section 7 (1a)..............

Omit “of Housing and Construction” (wherever occurring).

Sub-section 8 (1).................

Omit “Secretary”, substitute “Director-General”.

 

Omit “of Housing and Construction”.

Sub-section 8 (3).................

Omit “Secretary”, substitute “Director-General”.

Section 9..............................

Omit “Secretary”, substitute “Director-General”.

Section 10............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 12............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 13............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 14 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 14a.........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 14b..........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 14c..........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 14d.........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 17 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 17a.........................

Omit “Secretary”, substitute “Director-General”.

Section 17b..........................

Omit “Secretary”, substitute “Director-General”.

Sub-section 19 (4)..............

Omit “Secretary”, substitute “Director-General”.

Section 20............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 20a.........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 21............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 22 (11)............

Omit “Secretary”, substitute “Director-General”.

Section 23............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 24............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 27 (2)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 29 (1)..............

Omit “Secretary”, substitute “Director-General”.

Section 30............................

Omit “Secretary”, substitute “Director-General”.

Sub-section 31 (1)..............

Insert “Director-General of Social Security,” after “office of”.

Section 32............................

Repeal the section.


 

SCHEDULE 4                                    Section 141

AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1976

Provision

Amendment

Sub-section 4 (1).................

Omit “Secretary” (wherever occurring) from the definition of “approved interest”, substitute “Director-General”.

 

Omit the definition of “Department”, substitute the following definition: “‘Director-General’ means the Director-General of Social Security;”.

 

 

Omit “Secretary” from paragraph (b) of the definition of “rural property”, substitute “Director-General”.

 

Omit “Secretary” from paragraph (f) of the definition of “savings bank”, substitute “Director-General”.

 

Omit the definition of “Secretary”.

 

Omit “Secretary” from paragraph (e) of the definition of “trading bank”, substitute “Director-General”.

Sub-section 4 (2).................

Omit “Secretary”, substitute “Director-General”.

Section 5..............................

Omit “Secretary”, substitute “Director-General”.

Section 6..............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 9 (1).................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 11............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Paragraph 13 (1) (b)...........

Omit “Secretary”, substitute “Director-General”.

Sub-section 14 (1)..............

Omit “Secretary”, substitute “Director-General”.

Section 14a.........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 15............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 16............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 17............................

Omit “Secretary”, substitute “Director-General”.

Sub-section 18 (2)..............

Omit “Secretary”, substitute “Director-General”.

Section 19............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 23 (1)..............

Omit “Secretary”, substitute “Director-General”.

Sub-section 24 (1)..............

Omit “Secretary”, substitute “Director-General”.

Section 24a.........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 25 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 26 (1)..............

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 27............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Paragraph 29 (c).................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 31............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 33a.........................

Omit “Social Services Act 1947”, substitute “Social Security Act 1947”.

Sub-section 33b (1)............

Omit “Secretary”, substitute “Director-General”.

Sub-section 33b (2)............

Omit “Social Services Act 1947”, substitute “Social Security Act 1947”.

Omit “Secretary”, substitute “Director-General”.

Section 34............................

Omit “Secretary”, substitute “Director-General”.

Sub-section 35 (1)..............

Omit “Secretary”, substitute “Director-General”.

Section 36............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 37............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 38............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 40............................

Omit “Secretary”, substitute “Director-General”.

Section 41............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 42............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 43............................

Omit “Secretary” (wherever occurring), substitute “Director-General”.


 

SCHEDULE 4—continued

Provision

Amendment

Section 44........................

Omit “Secretary”, substitute “Director-General”.

Section 45........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 46........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Section 48........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 51 (2)..........

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 52 (1)..........

Insert “Director-General of Social Security,” after “office of”.

Section 53........................

Omit “Secretary” (wherever occurring), substitute “Director-General”.

Sub-section 53a (2)........

Omit “is furnished to the Secretary”, substitute “was furnished to the Director-General”.

SCHEDULE 5                                    Section 185

NEW SCHEDULE 5a TO THE NAVIGATION ACT 1912

SCHEDULE 5a                                                   Section 187a

1981 AMENDMENTS TO ANNEX I OF THE INTERNATIONAL CONVENTION FOR SAFE CONTAINERS (CSC)

CHAPTER I

Regulation 2

 

Amend the heading of Regulation 2 to read: “Maintenance and Examination”.

In paragraph 3, line 4, delete the word “maintenance” and insert therefor “examination”.

Add at the end of paragraph 4 the following text:

“As a transitional provision, any requirements for marking on containers the date of the first examination of new containers or the re-examination of new containers covered in Regulation 10 and of existing containers shall be waived until 1 January 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners.”

Add at the end of paragraph 5 the following text:

“However, in the event that the owner is domiciled or has his head office in a country the government of which has not yet made arrangements for prescribing or approving an examination scheme and until such time as the arrangements have been made the owner may use the procedure prescribed or approved by the Administration of a Contracting Party which is prepared to act as ‘the Contracting Party concerned’. The owner shall comply with the conditions for the use of such procedures set by the Administration in question.”

CHAPTER IV

Amend the heading to read:

“REGULATIONS FOR APPROVAL OF EXISTING CONTAINERS AND NEW CONTAINERS NOT APPROVED AT THE TIME OF MANUFACTURE”.

Regulation 9

 

Add to the end of paragraph 1 the following:

“The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985.” Insert a new Regulation 10 reading:

SCHEDULE 5—continued

“Regulation 10

 

Approval of New Containers Not Approved at Time of Manufacture

 

If, on or before 6 September 1982, the owner of a new container which was not approved at the time of manufacture presents the following information to an Administration:

(a) date and place of manufacture;

(b) manufacturer’s identification number of the container if available;

(c) maximum operating gross weight capability;

(d) evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II;

(e) allowable stacking weight for 1.8g (kilogrammes and lbs); and

(f) such other data as required for the Safety Approval Plate;

the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter II. Where approval is granted, such approval shall be notified to the owner in writing, and this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January 1985.”

 

SCHEDULE 6                                                      Section 186

NEW SCHEDULE 6a TO THE NAVIGATION ACT 1912

SCHEDULE 6a                                           Sub-section 330 (1)

 

PROTOCOL

AMENDING THE INTERNATIONAL CONVENTION RELATING TO THE LIMITATION OF THE LIABILITY OF OWNERS OF SEA-GOING SHIPS DATED 10 OCTOBER 1957

THE CONTRACTING PARTIES TO THE PRESENT PROTOCOL,

BEING PARTIES to the International Convention relating to the limitation of the liability of owners of sea-going ships, done at Brussels on 10th October 1957,

HAVE AGREED as follows:

Article I

For the purpose of this Protocol, <<Convention>> means the International Convention relating to the limitation of the liability of owners of sea-going ships and its Protocol of signature, done at Brussels on 10th October 1957.

Article II

(1) Article 3, paragraph (1) of the Convention is replaced by the following:

<<(1) The amounts to which the owner of a ship may limit his liability under Article 1 shall be:

(a) where the occurrence has only given rise to property claims an aggregate amount of 66.67 units of account for each ton of the ship’s tonnage;

(b) where the occurrence has only given rise to personal claims an aggregate amount of 206.67 units of account for each ton of the ship’s tonnage;

(c) where the occurrence has given rise both to personal claims and property claims an aggregate amount of 206.67 units of account for each ton of the ship’s tonnage, of which a first portion amounting to 140 units of account for each ton of the ship’s tonnage shall be exclusively appropriated to the payment of personal claims and of which a second portion amounting to 66.67 units of account for each ton of the ship’s tonnage shall be

SCHEDULE 6—continued

appropriated to the payment of property claims. Provided however that in cases where the first portion is insufficient to pay the personal claims in full, the unpaid balance of such claims shall rank rateably with the property claims for payment against the second portion of the fund. >>

(2) Article 3, paragraph (6) of the Convention is replaced by the following:

<< (6) The unit of account mentioned in paragraph (1) of this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in that paragraph shall be converted into the national currency of the State in which limitation is sought on the basis of the value of that currency on the date on which the shipowner shall have constituted the limitation fund, made the payment or given a guarantee which under the law of that State is equivalent to such payment. The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

(7) Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of paragraph (6) of this Article may, at the time of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in its territory shall be fixed as follows:

(a) in respect of paragraph (1), (a) of this Article, 1,000 monetary units;

(b) in respect of paragraph (1), (b) of this Article, 3,100 monetary units;

(c) in respect of paragraph (1), (c) of this Article, 3,100, 2,100 and 1,000 monetary units, respectively.

The monetary unit referred to in this paragraph corresponds to 65.5 milligrammes of gold of millesimal fineness 900’. The conversion of the amounts specified in this paragraph into the national currency shall be made according to the law of the State concerned.

(8) The calculation mentioned in the last sentence of paragraph (6) of this Article and the conversion mentioned in paragraph (7) of this Article shall be made in such a manner as to express in the national currency of the State as far as possible the same real value for the amounts in paragraph (1) of this Article as is expressed there in units of account. States shall communicate to the depositary the manner of calculation pursuant to paragraph (6) of this Article or the result of the conversion in paragraph (7) of this Article, as the case may be, when depositing an instrument of ratification of the Protocol of 1979 or of accession thereto or when availing themselves of the option provided for in paragraph (7) of this Article and whenever there is a change in either.>>

(3) Article 3, paragraph (7) of the Convention shall be renumbered Article 3, paragraph (9).

Article III

This Protocol shall be open for signature by the States which have signed the Convention or which are Parties thereto.

Article IV

(1) This Protocol shall be ratified.

(2) Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of ratification of the Convention.

(3) The instruments of ratification shall be deposited with the Belgian Government.

Article V

(1) States not referred to in Article III may accede to this Protocol.

(2) Accession to this Protocol shall have the effect of accession to the Convention.

(3) The instruments of accession shall be deposited with the Belgian Government.

Article VI

(1) This Protocol shall come into force three months after the date of the deposit of six instruments of ratification or accession.

SCHEDULE 6—continued

(2) For each State which ratifies this Protocol or accedes thereto after the sixth deposit, this Protocol shall come into force three months after the deposit of its instrument of ratification or accession.

Article VII

(1) Any Contracting Party may denounce this Protocol by notification to the Belgian Government.

(2) The denunciation shall take effect one year after the date on which the notification has been received by the Belgian Government.

Article VIII

(1) Each State may at the time of signature, ratification or accession or at any time thereafter declare by written notification to the Belgian Government which among the territories for whose international relations it is responsible, are those to which the present Protocol applies. The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming into force of the Protocol in respect of such State.

(2) This extension also shall apply to the Convention if the latter is not yet applicable to these territories.

(3) Any Contracting Party which has made a declaration under paragraph (1) of this Article may at any time thereafter declare by notification given to the Belgian Government that the Protocol shall cease to extend to such territories. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government.

Article IX

The Belgian Government shall notify the signatory and acceding States of the following:

1. The signatures, ratifications and accessions received in accordance with Articles III, IV and V.

2. The date on which the present Protocol will come into force in accordance with Article VI.

3. The notifications with regard to the territorial application in accordance with Article VIII.

4. The declarations and communications made in accordance with Article II.

5. The denunciations received in accordance with Article VII.

IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Protocol.

DONE at Brussels, this 21st day of December 1979, in the English and French languages, both texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies.

 

SCHEDULE 7                                                Section 187

FURTHER AMENDMENTS OF THE NAVIGATION ACT 1912

Provision

Amendment

Sub-section 187c (5).........

Add at the end thereof “and orders”.

Sub-section 188 (1)...........

Insert “or orders” after “regulations”.

Sub-section 190aa (2)......

Insert “and orders” after “regulations”.

Section 191b.......................

Insert “or orders” after “regulations” (wherever occurring).

Sub-section 193 (1)...........

Insert “or orders” after “regulations”.

Sub-section 193 (2)...........

Insert “or orders” after “regulations”.

Section 204a......................

Insert “, or of the orders made in pursuance of regulations made under paragraph 425 (1) (fb)” after “section 215”.

Sub-section 206h (1).........

Insert “or orders” after “regulations”.

Sub-section 220 (2)...........

Insert “or orders” after “regulations” (first occurring).

 

Add at the end thereof “or orders, as the case may be”.

Sub-section 221 (1)...........

Insert “and orders” after “regulations”.

Sub-section 221 (2)...........

Insert “or orders” after “regulations”.

Sub-section 221 (5)...........

Insert “or orders” after “regulations”.


 

SCHEDULE 7—continued

Provision

Amendment

Sub-section 221 (6)....................

Insert “or orders” after “regulations” (wherever occurring).

Section 222..................................

Insert “and orders” after “regulations”.

Section 223..................................

Insert “or orders” after “regulations”.

Sub-section 224 (1)....................

Insert “and orders” after “regulations”.

Section 227d...............................

Insert “or orders” after “regulations” (wherever occurring).

Sub-section 230 (1)....................

Insert “or of the orders made in pursuance of regulations made under paragraph 425 (1) (fc)” after “section 229”.

Section 231..................................

Omit “and” before “the regulations”.

 

Insert “and the orders made in pursuance of regulations made under paragraph 425 (1) (fd)” after “by virtue of this Division”.

Sub-section 231a (1).................

Insert “and orders” after “regulations”.

Section 231c...............................

Insert “and orders” after “regulations” (wherever occurring).

Paragraph 231e (b)....................

Insert “and orders” after “regulations”.

Sub-section 233 (1)....................

Insert “and orders” after “regulations” (wherever occurring).

Section 234..................................

Insert “and orders” after “regulations” (wherever occurring).

Sub-section 235 (1)....................

Insert “and orders” after “regulations” (wherever occurring).

Sub-section 235 (2)....................

Omit “under this section”, substitute “or orders”.

Sub-section 258 (3)....................

Insert “or the orders made in pursuance of regulations made under paragraph 258 (1) (fe)” after “this section”.

Sub-section 258 (5)....................

Insert “or the orders made in pursuance of regulations made under paragraph 258 (1) (fe)” after “this section”.

Sub-section 405e (2)..................

Insert “or orders” after “regulations” (first occurring).

 

Add at the end thereof “or orders, as the case may be”.

Section 405f................................

Insert “or under the orders made in pursuance of regulations made under section 405pa,” after “section 405e,”.

Sub-paragraph 405f (a) (ii)......

Insert “or orders” after “regulations”.

Paragraph 405f (b)....................

Insert “or orders” after “regulations”.

Sub-section 405g (2).................

Insert “and the orders made in pursuance of regulations made under section 405pa” after “paragraph (1) (b)”.

Paragraph 405h (1) (a)..............

Insert “or under the orders made in pursuance of regulations made under section 405pa” after “section 405e”.

Sub-section 405l (4)..................

Add at the end thereof “and orders made in pursuance of regulations made under section 405pa”.

Section 405n...............................

Add at the end thereof “or under the orders made in pursuance of regulations made under section 405pa”.

Sub-section 405p (1)..................

Insert “or the orders made in pursuance of regulations made under section 405pa” after “section 405e”.

Sub-section 405p (2)..................

Insert “or the orders made in pursuance of regulations made under section 405pa” after “section 405e”.

SCHEDULE 8                                                   Section 208

FURTHER AMENDMENTS OF THE PARLIAMENT HOUSE CONSTRUCTION AUTHORITY ACT 1979

Provision

Amendment

Heading to Part IV.....................

Omit “EXECUTIVE OFFICER”, substitute “CHIEF EXECUTIVE”.

Section 21....................................

Omit “Executive Officer” (wherever occurring), substitute “Chief Executive”.

Section 22....................................

Omit “Executive Officer” (wherever occurring), substitute “Chief Executive”.


 

SCHEDULE 8—continued

Provision

Amendment

Section 23.....................................

Omit “Executive Officer”, substitute “Chief Executive”.

Section 24.....................................

Omit “Executive Officer” (wherever occurring), substitute “Chief Executive”.

Section 25.....................................

Omit “Executive Officer”, substitute “Chief Executive”.

Section 27.....................................

Omit “Executive Officer” (wherever occurring), substitute “Chief Executive”.

Paragraph 37 (2) (b)...................

Omit “Executive Officer”, substitute “Chief Executive”.

SCHEDULE 9                                                                  Section 211

FORMAL AMENDMENTS OF THE PETROLEUM (SUBMERGED LANDS) ACT 1967

Provision amended

Amendment

Preamble

Omit “29th April, 1958,”, substitute “29 April 1958”.

Sub-section 5 (1) (definition of “application for a primary licence”)

Omit “sub-section (1) or (2) of section 40”, substitute “sub-section 40 (1) or (2)”

Sub-section 5 (1) (definition of “application for a secondary licence”)

Omit “sub-section (3) of section 40”, substitute “sub-section 40 (3)”.

Sub-section 5 (1) (definition of “primary entitlement”)

Omit “sub-section (1) of section 40”, substitute “sub-section 40 (1)”.

Sub-section 5 (1) (definition of “the Convention”)

Omit “29th April, 1958,”, substitute “29 April 1958”.

Sub-section 6a (4).......................

Omit “two” (wherever occurring), substitute “2”.

Sub-section 8d (3).......................

Omit “two”, substitute “2”.

Paragraph 17 (1) (a)...................

Omit “five” (wherever occurring), substitute “5”.

Paragraph 17 (1) (b)...................

Omit “five” (wherever occurring), substitute “5”.

Paragraph 17 (1) (c)....................

(a) Omit “two”, substitute “2”.

 

(b) Omit “five”, substitute “5”.

Paragraph 17 (1) (d)...................

(a) Omit “two”, substitute “2”.

 

(b) Omit “five”, substitute “5”.

Sub-section 18 (2).......................

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

Sub-section 20 (2).......................

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

 

(b) Omit “sub-section (2) or (3) of the next succeeding section”, substitute “sub-section 21 (2) or (3)”.

Sub-section 20 (4).......................

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

Sub-section 20 (5).......................

Omit “sub-section (2) or (3) of the next succeeding section”, substitute “sub-section 21 (2) or (3)”.

Sub-section 21 (1).......................

Omit “the last preceding section”, substitute “section 20”.

Paragraph 21 (1) (c)....................

Omit “four hundred”, substitute “400”.

Sub-section 21 (2).......................

Omit “sixteen” (wherever occurring), substitute “16”.

Sub-section 21 (5).......................

Omit “nine-tenths”, substitute “90%”.

Sub-section 22 (2).......................

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

Paragraph 22 (2) (b)...................

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

Sub-section 22 (4).......................

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

Sub-section 23 (2).......................

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

 

(b) Omit “sub-section (1) of section 20”, substitute “sub-section 20 (1)”.


 

SCHEDULE 9—continued

Provision amended

Amendment

Sub-section 23 (3).......................

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

 

(b) Omit “sub-section (1) of section 20”, substitute “sub-section 20 (1)”.

Paragraph 23 (4) (c)....................

Omit “paragraph (d) of sub-section (1) of section 21”, substitute “paragraph 21 (1) (d)”.

Paragraph 23 (4) (d)...................

Omit “paragraph (a) of sub-section (1) of the next succeeding section”, substitute “paragraph 24 (1) (a)”.

Sub-section 24 (1).......................

Omit “the last preceding section”, substitute “section 23”.

Paragraph 24 (1) (b)...................

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

 

(b) Omit “paragraph (d) of sub-section (4) of that section”, substitute “paragraph 23 (4) (d)”.

Paragraph 24 (2) (a)...................

Omit “nine-tenths”, substitute “90%”.

Paragraph 24 (2) (b)...................

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

Sub-section 24 (3).......................

Omit “the next succeeding section”, substitute “section 25”.

Sub-section 25 (1).......................

Omit “sub-section (1) of section 23”, substitute “sub-section 23 (1)”.

Sub-section 25 (2).......................

(a) Omit “sub-section (1) of section 23”, substitute “sub-section 23 (1)”.

 

(b) Omit “two” (wherever occurring), substitute “2”.

Subjection 25 (3).........................

Omit “sub-section (2) of section 23”, substitute “sub-section 23 (2)”.

Sub-paragraph

25 (5) (b) (i)............................

Omit “sub-section (1) of the next succeeding section”, substitute “sub-section 26 (1)”.

Sub-section 26 (1).......................

(a) Omit “the last preceding section”, substitute “section 25”.

 

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

Sub-section 26 (2).......................

(a) Omit “the last preceding section”, substitute “section 25”.

 

(b) Omit “the last preceding sub-section” (wherever occurring), substitute “sub-section (1)”:

Sub-section 26 (3).......................

(a) Omit “sub-section (2) of the last preceding section”, substitute “sub-section 25 (2)”.

 

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

 

(c) Omit “sub-section (2) of that section”, substitute “sub-section 25 (2)”.

Paragraph 27 (a).........................

Omit “sub-section (1) of the last preceding section”, substitute “sub-section 26 (1)”.

Paragraph 29 (a).........................

Omit “six”, substitute “6”.

Paragraph 29 (b).........................

Omit “five”, substitute “5”.

Sub-section 30 (1).......................

Omit “the next succeeding section”, substitute “section 31”.

Paragraph 30 (2) (b)...................

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

 

(b) Omit “three”, substitute “3”.

Sub-section 30 (3).......................

Omit “three”, substitute “3”.

Paragraph 31 (1) (a)...................

Omit “two”, substitute “2”.

Paragraph 31 (1) (b)...................

Omit “four”, substitute “4”.

Sub-section 31 (2).......................

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

Sub-section 31 (2a)....................

Omit “two”, substitute “2”.

Sub-section 31 (4).......................

Omit “sixteen” (wherever occurring), substitute “16”.

Sub-section 31 (5).......................

Omit “sixteen” (wherever occurring), substitute “16”.

Sub-section 32 (2).......................

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

Paragraph 32 (4) (b)...................

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

Sub-section 32 (6).......................

Omit “the last preceding sub-section” (wherever occurring), substitute “sub-section (5)”.

Sub-paragraph

32 (8) (b) (ii)...........................

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

Paragraph 34 (1) (b)...................

Omit “three”, substitute “3”.

Sub-section 34 (3).......................

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

Sub-section 35 (2).......................

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


 

SCHEDULE 9—continued

Provision amended

Amendment

Sub-section 36 (1).......................

Omit “the next succeeding section”, substitute “section 37”.

Sub-section 36 (2).......................

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

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

Sub-section 36 (3).......................

Omit “the next succeeding section”, substitute “section 37”.

Paragraph 36 (4) (b)...................

Omit “the next succeeding section”, substitute “section 37”.

Sub-paragraph 36 (5) (b) (ii).....

Omit “sub-section (5) of section 44”, substitute “sub-section 44 (5)”.

Sub-section 36 (6).......................

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

Sub-section 37 (1).......................

Omit “the last preceding section”, substitute “section 36”.

Sub-section 37 (2).......................

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

Section 38.....................................

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

Paragraph 40 (1) (a)...................

(a) Omit “nine”, substitute “9”.

(b) Omit “five”, substitute “5”.

Paragraph 40 (1) (b)...................

(a) Omit “eight”, substitute “8”.

 

(b) Omit “seven”, substitute “7”.

 

(c) Omit “four”, substitute “4”.

Paragraph 40 (1) (c)....................

(a) Omit “six”, substitute “6”.

 

(b) Omit “five”, substitute “5”.

 

(c) Omit “three”, substitute “3”.

Paragraph 40 (1) (d)...................

(a) Omit “four”, substitute “4”.

 

(b) Omit “three”, substitute “3”.

 

(c) Omit “two”, substitute “2”.

Paragraph 40 (1) (e)....................

Omit “two”, substitute “2”.

Paragraph 40 (2) (a)...................

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

Paragraph 40 (3) (b)...................

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

Paragraph 40 (4) (a)...................

Omit “two”, substitute “2”.

Paragraph 40 (4) (b)...................

(a) Omit “two” (wherever occurring), substitute “2”.

(b) Omit “four”, substitute “4”.

Sub-section 41 (1).......................

Omit “the last preceding section”, substitute “section 40”.

Sub-section 42 (1).......................

(a) Omit “eleven per centum”, substitute “11%”.

(b) Omit “twelve and one-half per centum”, substitute “12½%”.

Sub-section 42 (2).......................

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

Sub-section 43 (1).......................

Omit “sub-section (2) of section 41”, substitute “sub-section 41 (2)”.

Sub-section 43 (2).......................

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

Paragraph 43 (2) (b)...................

Omit “sub-section (1) of the last preceding section”, substitute “sub-section 42 (1)”.

Sub-paragraph 43 (2) (c) (i)

Omit “sub-section (1) of the next succeeding section”, substitute “sub-section 44 (1)”.

Sub-paragraph 43 (2) (c) (ii)

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

Sub-section 44 (1).......................

(a) Omit “sub-section (1) of the last preceding section”, substitute “sub-section 43 (1)”.

 

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

Paragraph 44 (1) (b)...................

Omit “paragraph (b) of that sub-section”, substitute “paragraph 43 (1) (b)”.

Sub-section 44 (2).......................

(a) Omit “under sub-section (1) of the last preceding section”, substitute “under sub-section 43 (1)”.

 

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

Paragraph 44 (2) (b)...................

Omit “paragraph (b) of sub-section (1) of the last preceding section”, substitute “paragraph 43 (1) (b)”.

Paragraph 44 (3) (b)...................

Omit “the next succeeding section”, substitute “section 45”.


 

SCHEDULE 9—continued

Provision amended

Amendment

Sub-section 44 (4).......................

Omit “under sub-section (1) of the last preceding section”, substitute “under sub-section 43 (1)”.

Paragraph 44 (4) (b)...................

Omit “paragraph (b) of sub-section (1) of the last preceding section”, substitute “paragraph 43 (1) (b)”.

Sub-section 45 (1).......................

Omit “sub-section (2) of section 40”, substitute “sub-section 40 (2)”.

Sub-section 46 (1).......................

Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

Sub-section 46 (3).......................

Omit “sub-section (1) of section 37”, substitute “sub-section 37 (1)”.

Sub-section 47 (2).......................

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

Paragraph 47 (2) (b)...................

Omit “ten per centum”, substitute “10%”.

Sub-section 47 (3).......................

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

Sub-section 47 (5).......................

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

Paragraph 47 (6) (c)....................

Omit “paragraph (c) of sub-section (1) of section 41”, substitute “paragraph 41 (1) (c)”.

Sub-paragraph

47 (6) (e) (ii)

Omit “ten per centum”, substitute “10%”.

Sub-section 48 (1).......................

Omit “under the last preceding section”, substitute “under section 47”.

Sub-paragraph

48 (1) (b) (i)

(a) Omit “sub-section (1) or (4) of the last preceding section”, substitute “sub-section 47 (1) or (4)”.

 

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

Sub-paragraph

48 (1) (b) (ii)

(a) Omit “sub-section (1) of the last preceding section”, substitute “sub-section 47 (1)”.

 

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

Paragraph 48 (2) (a)...................

Omit “nine-tenths”, substitute “90%”.

Paragraph 48 (2) (b)...................

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

Sub-section 48 (3).......................

(a) Omit “sub-section (1) or (3) of the next succeeding section”, substitute “sub-section 49 (1) or (3)”.

 

(b) Omit “sub-section (6) of that section”, substitute “sub-section 49 (6)”.

Sub-section 49 (1).......................

Omit “sub-section (1) of section 47”, substitute “sub-section 47 (1)”.

Sub-section 49 (2).......................

(a) Omit “sub-section (1) of section 47”, substitute “sub-section 47 (1)”.

 

(b) Omit “two” (wherever occurring), substitute “2”.

Sub-section 49 (3).......................

Omit “sub-section (4) of section 47”, substitute “sub-section 47 (4)”.

Sub-paragraph

49 (5) (c) (i)

Omit “the next succeeding sub-section”, substitute “sub-section (6)”.

Sub-paragraph

49 (5) (c) (ii)

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

Sub-paragraph

49 (5) (c) (iii)

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

Sub-section 49 (6).......................

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

Sub-section 49 (7).......................

Omit “the last preceding sub-section” (wherever occurring), substitute “sub-section (6)”.

Sub-section 49 (8).......................

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

Section 50.....................................

(a) Omit “under the last preceding section”, substitute “under section 49”.

 

(b) Omit “sub-section (6) of the last preceding section”, substitute “sub-section 49 (6)”.

Paragraph 50 (a).........................

Omit “sub-section (6) of that section”, substitute “sub-section 49 (6)”.

Paragraph 50 (c)..........................

Omit “sub-section (4) of the last preceding section”, substitute “sub-section 49 (4)”.

Sub-section 51 (1).......................

Omit “two” (wherever occurring), substitute “2”.

Sub-section 51 (2).......................

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

Paragraph 51 (4) (b)...................

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


 

SCHEDULE 9—continued

Provision amended

Amendment

Paragraph 54 (2) (b).........................

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

 

(b) Omit “six”, substitute “6”.

Sub-section 54 (3)............................

Omit “six”, substitute “6”.

Sub-section 55 (1)............................

Omit “the last preceding section”, substitute “section 54”.

Sub-section 55 (2)............................

Omit “the last preceding section”, substitute “section 54”.

Sub-section 55 (3)............................

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

Sub-section 55 (4)............................

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

Sub-section 55 (5)............................

Omit “the last preceding section”, substitute “section 54”.

Sub-paragraph

5 (7) (b) (i)

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

Sub-paragraph

55 (7) (b) (ii)

Omit “the last preceding sub-section”, substitute “sub-section (6)”.

Sub-section 55 (9)............................

Omit “the last preceding sub-section” (wherever occurring), substitute “sub-section (8)”.

Paragraph 55 (11) (a)......................

Omit “the last preceding section”, substitute “section 54”.

Sub-paragraph

55 (11) (b) (ii)

Omit “the last preceding sub-section”, substitute “sub-section (10)”.

Paragraph 57 (2) (b).........................

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

Sub-section 58 (2)............................

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

Sub-section 58 (4)............................

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

Paragraph 59 (4) (a).........................

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

Paragraph 59 (4) (b).........................

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

Sub-section 59 (5)............................

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

Sub-section 59 (6)............................

Omit “two”, substitute “2”.

Sub-section 59 (7)............................

Omit “either of the last two preceding sub-sections”, substitute “sub-section (5) or (6)”.

Sub-section 59 (8)............................

Omit “either of the last two preceding sub-sections”, substitute “sub-section (6) or (7)”.

Section 61..........................................

Omit “the last preceding section”, substitute “section 60”.

Sub-section 62 (2)............................

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

Sub-section 62 (4)............................

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

Sub-paragraph

64 (1) (d) (iii)

Omit “the last preceding section”, substitute “section 63”.

Sub-section 64 (2)............................

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

Paragraph 64 (3) (b).........................

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

Sub-section 65 (1)............................

Omit “the last preceding section”, substitute “section 64”.

Paragraph 65 (1) (b).........................

Omit “sub-section (3) of that section”, substitute “sub-section 64 (3)”.

Sub-section 65 (2)............................

Omit “the last preceding section”, substitute “section 64”.

Sub-section 65 (3)............................

(a) Omit “the last preceding section”, substitute “section 64”.

 

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

Sub-section 65 (4)............................

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

Sub-section 65 (5)............................

Omit “the last preceding section”, substitute “section 64”.

Sub-section 65 (9)............................

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

Sub-section 65 (10)..........................

Omit “the last preceding sub-section” (wherever occurring), substitute “sub-section (9)”.

Sub-section 65 (12)..........................

(a) Omit “nine-tenths”, substitute “90%”.

 

(b) Omit “paragraph (f) of sub-section (1) of section 64”, substitute “paragraph 64 (1) (f)”.

Sub-section 67 (1)............................

Omit “twenty-one” (wherever occurring), substitute “21”.


 


SCHEDULE 9—continued

Provision amended

Amendment

Paragraph 68 (2) (b).........................

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

 

(b) Omit “six”, substitute “6”.

Sub-section 68 (3)............................

Omit “six”, substitute “6”.

Sub-section 69 (1)............................

Omit “the last preceding section”, substitute “section 68”.

Sub-section 69 (2)............................

(a) Omit “the last preceding section”, substitute “section 68”.

 

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

Paragraph 69 (4) (b).........................

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

Sub-section 69 (6)............................

Omit “the last preceding sub-section” (wherever occurring), substitute “sub-section (5)”.

 

Paragraph 69 (8) (a).........................

Omit “the last preceding section”, substitute “section 68”.

Sub-paragraph 69 (8) (b) (ii)

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

Sub-section 70 (2)............................

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

Sub-section 71 (5)............................

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

Sub-section 72 (2)............................

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

Sub-section 74 (2)............................

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

Paragraph 76 (3) (b).........................

Omit “sub-section (5), (6) or (7) of section 59”, substitute “sub-section 59 (5), (6) or (7)”.

Sub-section 78 (6)............................

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

Paragraph 78 (7) (a).........................

Omit “the last preceding sub-section”, substitute “sub-section (6)”.

Sub-section 78 (8)............................

Omit “the last two preceding sub-sections”, substitute “sub-sections (6) and (7)”.

Sub-section 78 (10)..........................

(a) Omit “has”, substitute “have”.

 

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

Sub-section 82 (1)............................

Omit “the last preceding section”, substitute “section 81”.

Sub-section 82 (2)............................

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

Sub-section 82 (3)............................

(a) Omit “Sub-sections (2) and (3) of section 91”, substitute “Sub-sections 91 (2) and (3)”.

 

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

 

(c) Omit “sub-section (1) of that section”, substitute “sub-section 91 (1)”.

Sub-section 85 (2)............................

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

Sub-section 86 (1)............................

Omit “the next succeeding sub-section”, substitute “sub-section (2)”.

Section 89..........................................

Omit “the last preceding section”, substitute “section 88”.

Sub-section 91 (2)............................

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

Sub-section 96 (1)............................

Omit “six”, substitute “6”.

Paragraph 96 (2) (a).........................

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

Sub-section 96 (3)............................

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

Sub-section 97 (2)............................

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

Sub-section 97 (4)............................

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

Sub-section 98 (4)............................

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

Section 99..........................................

Omit “The last two preceding sub-sections”, substitute “Sections 97 and 98”.

Sub-section 100 (2)..........................

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

Sub-section 100 (3)..........................

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

Sub-section 102 (2)..........................

Omit “of this section”.

Sub-section 102 (3)..........................

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

Sub-section 104 (2)..........................

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

 

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

Paragraph 105 (1) (d)......................

Omit “three”, substitute “3”.


 


SCHEDULE 9—continued

Provision amended

Amendment

Sub-section 105 (2)..........................

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

Sub-section 106 (3)..........................

Omit “three”, substitute “3”.

Sub-section 106 (4)..........................

Omit “three”, substitute “3”.

Sub-section 107 (3)..........................

Omit “either of the last two preceding sub-sections”, substitute “sub-section (1) or (2)”.

Paragraph 107 (3) (b)......................

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

Section 108........................................

Omit “the last preceding section”, substitute “section 107”.

Sub-section 109 (2)..........................

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

 

(b) Omit “2 per centum”, substitute “2%”.

Sub-section 109 (3)..........................

Omit “twenty-one”, substitute “21”.

Sub-section 110 (1)..........................

Omit “the last preceding section”, substitute “section 109”.

Sub-section 111 (6)..........................

Omit “six”, substitute “6”.

Sub-section 111 (9)..........................

Omit “the last preceding sub-section”, substitute “sub-section (8)”.

Sub-section 112 (10)........................

Omit “the last preceding sub-section”, substitute “sub-section (9)”.

Sub-section 112 (11)........................

Omit “twenty-eight”, substitute “28”.

Sub-section 113 (2)..........................

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

Sub-section 113 (3)..........................

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

Sub-section 113 (4)..........................

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

Sub-section 116 (1)..........................

Omit “the last preceding section”, substitute “section 115”.

Sub-section 116 (2)..........................