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Law and Justice Legislation Amendment Act 1992

  • - C2004A04313
  • No longer in force
Act No. 22 of 1992 as made
An Act to amend various Acts relating to law and justice, and for related purposes
Administered by: Attorney-General's
Date of Assent 13 Apr 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22, 1992

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - LONG TITLE

An Act to amend various Acts relating to law and
justice, and for related purposes

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - SECT 1
Short title

(Assented to 13 April 1992)
1. This Act may be cited as the Law and Justice Legislation Amendment Act 1992.

(Minister's second reading speech made in-
House of Representatives on 7 November 1992
Senate on 29 November 1991)

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - SECT 2
Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) The amendment of the Commonwealth Places (Application of Laws) Act 1970 made by this Act is taken to have commenced on 1 November 1991.

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - SECT 3
Amendments of Acts

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

LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1992 No. 22 of 1992 - SCHEDULE

SCHEDULE Section 3
AMENDMENTS OF ACTS
Commonwealth Places (Application of Laws) Act 1970
After subsection 5(2):
Insert:
"(2A) Part 1C of the Crimes Act 1914 does not apply to a
member of the police force of a State in relation to, or in
relation to matters arising under, the applied provisions.".
Family Law Act 1975
Section 60:
Insert:
" 'child welfare officer', in relation to a State or
Territory, means:
(a) a person who, because he or she holds, or performs
theduties of, a prescribed office of the State or Territory,
has responsibilities in relation to a child welfare law of the
State or Territory; or
(b) a person authorised in writing by such a person for the
purposes of this Part;".
Subsection 60E(1):
Omit "(4) and (5)", substitute "(4), (5) and (7)".
Subsection 60E(2):
Omit "(4) and (5)", substitute "(4), (5) and (7)".
Section 60E:
Add at the end:
"(6) The Governor-General, by Proclamation, may declare that
the amendments of this Part made by the Law and Justice
Legislation Amendment Act 1992 extend to a specified State.
"(7) Despite anything else contained in this section, the
amendments of this Part made by that Act do not extend to a
State unless there is in force such a Proclamation in relation
to that State.".
Subsection 60H(1):
Omit the subsection, substitute:
"60H.(1) A court having jurisdiction under this Act must not
make an order under this Act (other than an order under
Division 6) in relation to a child who is under the
guardianship, or in the custody or care and control, of a
person under a child welfare law unless:
(a) the order is expressed to come into effect when the
child ceases to be under such guardianship, or in such custody
or care and control, as the case may be; or
(b) the order is made in proceedings relating to the child
in respect of the institution or continuation of which the
written consent of a child welfare officer of the relevant
State or Territory has been obtained.".
Paragraph 60H(2)(a):
Omit "in the custody of, or under the guardianship, care and
control or supervision of,", substitute "under the
guaradianship, or in the custody or care and control, of ".
Paragraph 60H(2)(b):
Add at the end "and".
Paragraphs 60H(2)(c) and (d):
Omit the paragraphs.
After section 66F:
Insert:
Limitation in relation to maintenance proceedings
"66FA. Proceedings in relation to the maintenance of a child
who is under the guardianship, or in the custody or care and
control, of a person under a child welfare law may only be
brought by:
(a) the child; or
(b) a parent of the child who has the daily care and control
of the child; or
(c) a relative of the child who has the daily care and
control of the child; or
(d) a child welfare officer of the relevant State or
Territory.".
Section 117C:
Add at the end:
"(4) A judge of the court mentioned in subsection (1) is not
disqualified from sitting in the proceedings only because the
fact that an offer has been made is, contrary to subsection
(3), disclosed to the court.".
Law Officers Act 1964
Section 9:
Add at the end:
"(2) Where the Attorney-General gives consent to the
engaging by the Solicitor-General in the practice of a
barrister or solicitor, the Attorney-General is to lay before
each House of the Parliament within 15 sitting days of that
House after the day on which the consent is given a written
statement of the reasons for the giving of the consent.".
Trade Practices Act 1974
Paragraphs 50A(1)(a) and (b):
Omit the paragraphs, substitute:
"(a) either:
(i) as a result of the obtaining by the person of the last-
mentioned controlling interest, the person would be, or be
likely to be, in a position to dominate a substantial market
for goods or services in Australia, in a State or in a
Territory; or
(ii) in a case where the person is in a position to dominate
such a market:
(A) the body corporate or another body corporate that is
related to that body corporate is, or is likely to be, a
competitor of the person or of a body corporate that is related
to the person; and
(B) the acquisition would, or would be likely to,
substantially strengthen the power of the person to dominate
that market; and".
Paragraph 50A(1)(c):
Omit "(c) the obtaining", substitute "(b) the obtaining".