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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80,

1982

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

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 1977Part XXVI-Dairying Research Act 1972Part XXVII-Darwin Cyclone Damage Compensation Act 1975Part XXVIII-Defence Act 1903 Part XXIX-Defence Amendment Act 1979 Part XXX-Defence Service Homes Act 1918 Part XXXI-Dried Vine Fruits Equalization Act 1978Part XXXII-Egg Export Control Act 1947Part XXXIII-Excise Tariff Act 1921 Part XXXIV-Explosives Act 1961Part XXXV-Glebe Lands (Appropriation) Act 1974Part XXXVI-Great Barrier Reef Marine Park Act 1975 Part XXXVII-Handicapped Persons Assistance Act 1974Part XXXVIII-Home Deposit Assistance Act 1982Part XXXIX-Homeless Persons Assistance Act 1974 Part XL-Homes Savings Grant Act 1964Part XLI-Homes Savings Grant Act 1976Part XLII-Honey Industry Act 1962Part XLIII-Honey Levy Collection Act 1962Part XLIV-Industrial Research and Development Incentives Act 1976Part XLV-Live-stock Slaughter Levy Collection Act 1964Part XLVI-Meat Chicken Levy Collection Act 1969Part XLVII-National Labour Consultative Council Act 1977 Part XLVIII-Navigation Act 1912Part XLIX-Norfolk Island Act 1979 Part L-Northern Territory Railway Extension Act 1971Part LI-Nursing Homes Assistance Act 1974Part LII-Overseas Telecommunications Act 1946 Part LIII-Parliament House Construction Authority Act 1979Part LIV-Petroleum (Submerged Lands) Act 1967Part LV-Pig Industry Research Act 1971Part LVI-Pig Meat Promotion Act 1975Part LVII-Postal Services Act 1975 Part LVIII-Poultry Industry Assistance Act 1965Part LIX-Poultry Industry Levy Collection Act 1965Part 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 Act1979

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 1.

Short title.

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 ofRepresentatives 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.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 2.

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 whichthis 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 asare 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 thecase requires, immediately after the commencement of section 8 of the CrimesAmendment Act 1982.

(7)

Division 1 of Part XVIII shall come into operation, or shall be deemedto have come into operation, as the case requires, immediately after thecommencement of section 7 of the Crimes Amendment Act 1982.

(8)

Parts XX and LXXIV shall be deemed to have come into operation on 1 July1982.

(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 byProclamation, being a date not earlier than the date on which the Protocolamending the International Convention relating to the limitation of theliability of owners of sea-going ships signed at Brussels on 10 October 1957enters into force for Australia.

(11)

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

(12)

Section 196 and Parts LVII and LXXIII shall come into operation on thedate of commencement of the Petroleum (Submerged Lands) Amendment Act 1980, orthe 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 December1979.

(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 June1981.

(16)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 3.

Principal Act

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

3. The Aboriginal and Torres Strait Islanders (Queensland Reserves andCommunities Self-management) Act 1978*1* is in this Part referred to as thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 4.

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 followingsub-sections:

(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 theParliament within 15 sitting days of that House after the giving of hisapproval.

''(5A) By-laws made under this section take effect from the day on whichthey are notified in the Gazette or, where a later date is specified in theby-laws, from the date specified.''; and

(b)

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

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

''(7) Where a copy of any by-laws has been laid before a House of theParliament in accordance with sub-section (5) of this section, the provisionsof section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and50 of the Acts Interpretation Act 1901 apply in relation to those by-laws asif references in those provisions to regulations were references toby-laws.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 5.

Principal Act

PART III-AMENDMENTS OF ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

5. The Aboriginal Councils and Associations Act 1976*2* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 6.

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 theParliament within 15 sitting days of that House after the giving of hisapproval.

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

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

''(7A) Where a copy of any by-laws has been laid before a House of theParliament in accordance with sub-section (5) of this section, the provisionsof section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and50 of the Acts Interpretation Act 1901 apply in relation to those by-laws asif references in those provisions to regulations were references to by-laws.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 8.

Order with respect to disposable estate or interest

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 9.

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 orinterest in land held by an Aboriginal corporation is void and of no effectunless 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 AboriginalCouncil, other than a disposable estate or interest-

(i)

the giving of a mortgage or charge upon or over, or any otherdisposal of, the estate or interest, where the Minister has consented asmentioned in sub-paragraph 19 (3) (d) (ii) to the giving of the mortgage orcharge 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 paragraph29 (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 IncorporatedAboriginal Association, other than a disposable estate or interest-

(i)

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

(ii)

the giving of a mortgage, charge or other security upon or over theestate or interest, where the Minister has consented as mentioned in paragraph51 (b) to the giving of the mortgage, charge or other security.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 10.

Principal Act

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

10. The Aboriginal Land Rights Legislation Amendment Act 1982*3* is in thisPart referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 11.

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

Principal Act

PART V-AMENDMENTS OF ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT1976

12. The Aboriginal Land Rights (Northern Territory) Act 1976*4* is in thisPart referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 13.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 14.

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 followingparagraph:

''(a) the House of Representatives is dissolved or expires, or theParliament 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).

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 15.

Principal Act

PART VI-AMENDMENT OF ACTS INTERPRETATION ACT 1901

15. The Acts Interpretation Act 1901*5* is in this Part referred to as thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 16.

Principal Act

PART VII-AMENDMENTS OF AUDIT ACT 1901

17. The Audit Act 1901*6* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 18.

Principal Act

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

19. The Australian Apple and Pear Corporation Act 1973*7* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 20.

20. Section 17 of the Principal Act is repealed and the following section issubstituted: 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 memberrepresenting the Commonwealth.

''(3) The Minister may, at any time, revoke the appointment of a person asthe deputy of a member and shall revoke such an appointment if the deputyfails, 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 himand delivered to the Minister.

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

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 21.

Principal Act

PART IX-AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY ELECTRICITY SUPPLY ACT

1. The Australian Capital Territory Electricity Supply Act 1962*8* is inthis Part referred to as the Principal Act.
2. Section 6 of the Principal Act is amended by omitting from sub-section

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 22.

Principal Act

PART X-AMENDMENT OF AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978

23. The Australian Dried Fruits Corporation Act 1978*9* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 24.

24. Section 18 of the Principal Act is repealed and the following section issubstituted: 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 memberother than the Chairman or the member representing the Commonwealth.

''(2) The Minister may appoint a person to be the deputy of the memberrepresenting the Commonwealth.

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

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

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

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 25.

Principal Act

PART XI-AMENDMENTS OF AUSTRALIAN FEDERAL POLICE ACT1979

25. The Australian Federal Police Act 1979*10* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 26.

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'' andsubstituting ''section 25''; and

(b)

by omitting from sub-section (3) ''sections 26 and 73'' andsubstituting ''section 26''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 28.

28. (1) Section 28 of the Principal Act is repealed and the followingsection is substituted: Undertakings and oaths or affirmations

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

''(2) A person appointed under Division 1 shall, before commencing toperform his duties, make and subscribe, before a person authorized by theMinister, such oath or affirmation as is prescribed.

''(3) A person appointed under paragraph 25 (1) (a) to be a commissionedofficer in a component or appointed under paragraph 26 (1) (a) to be anon-commissioned officer in a component shall, in accordance with theregulations, 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 commissionedofficer in a component is promoted under paragraph 25 (1) (b) or transferredunder paragraph 25 (1) (c) to a commissioned rank in the other component, heshall, in accordance with the regulations, make and subscribe, before a personauthorized by the Commissioner, such oath or affirmation as is prescribed inrelation to that other component.

''(5) Subject to sub-section (6), where a person who is a non-commissionedofficer in a component is promoted under paragraph 26 (1) (b) or transferredunder paragraph 26 (1) (c) to a non-commissioned rank in the other component,he shall, in accordance with the regulations, make and subscribe, before aperson authorized by the Commissioner, such oath or affirmation as isprescribed in relation to that other component.

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

(a)

at any time before his promotion or transfer, he held a rank in thatcomponent; 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 ofthe functions of a component shall, in accordance with the regulations, makeand subscribe, before a person authorized by the Commissioner, such oath oraffirmation 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 wasappointed, promoted or transferred under the Australian Federal Police Act1979, 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 afailure by that person to enter into an undertaking, or to make or subscribean oath or affirmation, as required by section 28 of the Australian FederalPolice Act 1979 as in force, or as amended and in force, at any time beforethe commencement of this section.

(3)

The validity of anything done by a person in the performance of hisduties 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 ofthe Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 29.

Minister to obtain advice

1. Section 32 of the Principal Act is amended by inserting ''Employmentand'' before ''Industrial Relations''.
2. Section 73 of the Principal Act is amended-

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80,

Principal Act

PART XII-AMENDMENTS OF BANKING ACT 1959

1. The Banking Act 1959*11* is in this Part referred to as the Principal Act.
2. After Part II of the Principal Act the following Part is inserted:

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 32.

''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 aState or Territory referred to in the Third Schedule would, but for thissub-section, be inconsistent has effect subject to that provision, or shall bedeemed to have had effect subject to that provision, as the case may be, onand from the day that is the prescribed day in relation to that provision.

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

''(3) If, at any time after the commencement of this Part, a law of a Stateor Territory is passed or made for the purpose of, or for the purpose ofmaking provision consequent upon or in relation to, the merger of 2 or morebodies corporate that carry on the general business of banking, the Treasurermay, 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 lawof a State or Territory-

(a)

any law of the Commonwealth with which a provision of that law of aState or Territory would, but for this paragraph, be inconsistent has effect,subject to that provision, or shall be deemed to have had effect subject tothat provision, as the case may be, on and from the day that is the prescribedday 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 havehad, as the case may be, by force of this paragraph, on and from the day thatis the prescribed day in relation to that provision, the effect that it wouldhave, or would have had, if that law bound the Crown in right of theCommonwealth, of the Northern Territory and of Norfolk Island.

''(5) A reference in this section to the prescribed day in relation to aprovision of a law of a State or Territory is a reference to the day on whichthat provision comes or came into operation.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 33.

Addition of Schedule

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

''THIRD SCHEDULE

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

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

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

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

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 SouthAustralia

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

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

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

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

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

The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982 ofthe Australian Capital Territory''

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 34.

Principal Act

PART XIII-AMENDMENT OF BOUNTY (BOOKS) ACT 1969

34. The Bounty (Books) Act 1969*12* is in this Part referred to as thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 35.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 36.

Principal Act

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

36. The Bounty (Textile Yarns ) Act 1981*13* is in this Part referred to asthe Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 37.

Offences

38. Section 18 of the Principal Act is amended by omitting from sub-section

(7) ''section 7'' and substituting ''section 8''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 39.

Principal Act

PART XV-AMENDMENTS OF CHICKEN MEAT RESEARCH ACT 1969

39. The Chicken Meat Research Act 1969*14* is in this Part referred to as

the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 40.

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'' andsubstituting ''such period, not exceeding 3 years, as is specified in theirrespective instruments of appointment''.

(2)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 41.

Chairman of Committee

41. Section 10 of the Principal Act is amended by omitting ''of PrimaryIndustry''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 42.

Principal Act

PART XVI-AMENDMENTS OF COMMONWEALTH ELECTORAL ACT 1918

42. The Commonwealth Electoral Act 1918*15* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 43.

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 boothnotwithstanding that the premises are, or any part of the premises is,licensed for the sale of intoxicating liquor if the Chief Australian ElectoralOfficer declares, by writing under his hand, that he is satisfied that nointoxicating liquor will be available for sale in any part of those premisesduring the hours of polling on polling day.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 44.

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 inrelation 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 45.

Principal Act

PART XVII-AMENDMENTS OF COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT1970

45. The Commonwealth Places (Application of Laws) Act 1970*16* is in thisPart referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 46.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 47.

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 Act1914-1966'' and substituting ''Notwithstanding sub-sections (1) and (4) ofsection 19 of the Crimes Act 1914''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 49.

Principal Act

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

49. The Commonwealth Prisoners Act 1967*17* is in this Division referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 50. 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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 51.

Principal Act

PART XIX-AMENDMENTS OF COMPANIES ACT 1981

51. The Companies Act 1981*18* is in this Part referred to as the PrincipalAct.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 52.

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'' insub-section (1) the following word and paragraph:

''or (e) a corporation constituted under the Unit Titles Ordinance1970;''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 53.

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 followingsub-sections:

''(2) There shall appear in legible characters on every relevantnegotiable instrument of a recognized company or recognized foreign company(other than a banking corporation) that is issued or signed in the Territorythe name of the recognized company or recognized foreign company and, ifdefault is made in complying with this sub-section, the recognized company orrecognized foreign company is guilty of an offence.

Penalty: $1,000.

''(3) If an officer of a recognized company or recognized foreigncompany, 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 publicationin the Territory of, any relevant document of the recognized company orrecognized foreign company that does not comply with the requirements ofsub-section (1); or

(b) signs or issues in the Territory, or authorizes to be signed orissued in the Territory, on behalf of the recognized company or recognizedforeign company, any relevant negotiable instrument that does not comply withthe 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 foreigncompany, or any other person, signs or issues in the Territory, or authorizesto be signed or issued in the Territory, on behalf of the recognized companyor recognized foreign company, any relevant negotiable instrument that doesnot comply with the requirements of sub-section (2), he is liable to theholder of the relevant negotiable instrument for the amount due on it unlessthat amount is paid by the recognized company or the recognized foreigncompany, as the case may be.''; and

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

''(5) In this section-

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

'relevant negotiable instrument', in relation to a recognized company ora recognized foreign company, means a bill of exchange, promissory note,cheque or other negotiable instrument, indorsement on, or order in, a bill ofexchange, promissory note, cheque or other negotiable instrument, or a letterof credit of, or purporting to be issued or signed by or on behalf of, therecognized company or recognized foreign company.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 54.

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 followingsub-sections:

''(2) There shall appear in legible characters on every relevantnegotiable 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 isguilty 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 theTerritory, or authorizes the issue or publication in the Territory of, anyrelevant document of the foreign company that does not comply with therequirements of sub-section (1); or

(b)

signs or issues in the Territory, or authorizes to be signed orissued in the Territory, on behalf of the foreign company, any relevantnegotiable instrument that does not comply with the requirements ofsub-section (2),

he is guilty of an offence.

Penalty: $1,000.

''(3A) If an officer of a foreign company, or any other person, signs orissues in the Territory, or authorizes to be signed or issued in theTerritory, on behalf of the foreign company, any relevant negotiableinstrument that does not comply with the requirements of sub-section (2), heis liable to the holder of the relevant negotiable instrument for the amountdue on it unless that amount is paid by the foreign company.''; and

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

''(5) In this section-

'relevant document', in relation to a foreign company, means a businessletter, statement of account, invoice, receipt, order for goods, order forservices, official notice or publication of, or purporting to be issued orsigned by or on behalf of, the foreign company;

'relevant negotiable instrument', in relation to a foreign company, meansa bill of exchange, promissory note, cheque or other negotiable instrument,indorsement on, or order in, a bill of exchange, promissory note, cheque orother negotiable instrument, or a letter of credit of, or purporting to beissued or signed by or on behalf of, the foreign company.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 55.

55. Section 581 of the Principal Act is repealed and the following sectionis substituted: Operation of certain Ordinances

''581. (1) Section 377 has effect as provided by section 39 of the Workmen'sCompensation Supplementation Fund Ordinance 1980 in relation to the liquidatorof 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 section40 of the Workmen's Compensation Supplementation Fund Ordinance 1980.

''(3) This Act has effect subject to section 24 of the Trustee CompaniesOrdinance 1947.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 56.

Principal Act

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

56. The Companies (Miscellaneous Amendments) Act 1981*19* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 57.

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

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

'Division 11-Registration of Transfers of Marketable Securities byCompaniesTransfer 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 companyshall not be registered, recorded or entered in the books of the companyunless the instrument of transfer-

(a)

bears a statement in respect of the sale or purchase to which thetransaction 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 relatingto stamp duty, to the effect that stamp duty, if payable, has been or will bepaid;

(b)

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

(c)

bears a stamp affixed or impressed under section 17 of this Act orunder a provision of a law of a State or another Territory relating to stampduty to the effect that no tax or stamp duty is payable.'.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 58.

Principal Act

PART XXI-AMENDMENT OF CONCILIATION AND ARBITRATION ACT 1972

58. The Conciliation and Arbitration Act 1972*20* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 59.

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 onwhich this Act received the Royal Assent and is appointed as the President ofthe Commission on or after that day holds office as President of theCommission until he resigns or attains the age of seventy years''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 60.

Principal Act

PART XXII-AMENDMENTS OF CRIMES ACT 1914 Principal Act

60. The Crimes Act 1914*21* is in this Part referred to as the PrincipalAct.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 61.

Habitual criminals

61. Section 17 of the Principal Act is amended by omitting from sub-section

(2) ''The Court'' and substituting ''The court''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 62.

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 followingsub-section:

''(1) Where a person has entered into a recognizance in pursuance of anorder made under sub-section 19B (1) or 20 (1), any of the following personsmay apply to the court by which the order was made for the discharge of therecognizance 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 thissection referred to as a 'probation officer').''; and

(b)

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

''(5) Where an application is made under sub-section (1) by an authorizedperson, the authorized person shall cause notice of the application and thedate, time and place fixed for the hearing of the application, to be served onthe person who entered into the recognizance in relation to which theapplication is made and-

(a)

if that person has a surety in respect of the recognizance-on thesurety; and

(b)

if that person has a probation officer in respect of therecognizance-on the probation officer.

''(6) Where an application is made under sub-section (1) by a personother than an authorized person, the person making the application shall causenotice of the application, and of the date, time and place fixed for thehearing of the application, to be served on the Crown Solicitor, or the DeputyCrown 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 therecognizance and that person has a surety-on the surety;

(b)

if the application is made by a surety in respect of therecognizance-on the person who entered into the recognizance; or

(c)

if the application is made by a probation officer in respect of therecognizance-on the person who entered into the recognizance and, if thatperson has a surety in respect of the recognizance, on the surety.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 64.

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 fromsub-section (7) ''shall, in so dealing with the person,'' and substituting '',in so dealing with the person, shall, in addition to any other matters thatthe court considers should be taken into account,''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 65.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 66.

Principal Act

PART XXIII-AMENDMENTS OF CRIMES AT SEA ACT 1979

66. The Crimes at Sea Act 1979*22* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 67.

Principal Act

PART XXIV-AMENDMENT OF CUSTOMS TARIFF 1966

68. The Customs Tariff 1966*23* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 69.

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 Act1901 apply in relation to orders as if-

(a)

references in those provisions to regulations were references toorders; and

(b)

references in those provisions to the repeal of a regulation werereferences to the revocation of an order.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 70.

Principal Act

PART XXV-AMENDMENTS OF DAIRY INDUSTRY STABILIZATION ACT 1977

70. The Dairy Industry Stabilization Act 1977*24* is in this Part referredto as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 71.

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 followingsub-section:

''(6) The provisions of sections 48, 49 and 50 of the Acts InterpretationAct 1901 apply in relation to principles formulated under sub-section (1) asif-

(a)

references in those provisions to regulations were references toprinciples; and

(b)

references in those provisions to the making of regulations werereferences to the formulation of principles.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 72.

Principal Act

PART XXVI-AMENDMENTS OF DAIRYING RESEARCH ACT 1972

72. The Dairying Research Act 1972*25* is in this Part referred to as thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 73.

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)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 74.

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 ResearchAccount representing the amounts paid into the Research Account by virtue ofsub-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 Accountrepresenting-

(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).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 75.

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 theResearch Account'' and substituting ''sub-section (2), moneys standing to thecredit of either of the accounts kept under section 5A''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 76. Constitution of Committee

Principal Act

PART XXVII-REPEAL OF DARWIN CYCLONE DAMAGE COMPENSATION ACT 1975

77. The Darwin Cyclone Damage Compensation Act 1975*26* is in this Part

referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 78.

Repeal of Act

78. The Principal Act is repealed.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 79.

Interpretation

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 81.

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 Act1901 apply in relation to determinations as if-

(a)

references in those provisions to regulations were references todeterminations 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 werereferences to the revocation of a determination or of a provision of adetermination, as the case requires.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 82.

Principal Act

PART XXIX-AMENDMENT OF DEFENCE AMENDMENT ACT 1979

82. The Defence Amendment Act 1979*28* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 83.

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 'disallowedprovision') 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 ofsub-section 48 (3) of the Acts Interpretation Act 1901 as applied bysub-section 58C (1) of the Defence Act 1903; and

(b)

the disallowed provision was inconsistent with any relevant regulationsin force immediately before the date on which the disallowed provision tookeffect, the disallowance of the provision or the operation of sub-section 48 (3) ofthe Acts Interpretation Act 1901 as applied by sub-section 58C (1) of theDefence Act 1903, as the case may be, has the effect of reviving thoserelevant regulations as so in force, from and including the date of thedisallowance 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 beenmade.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 84.

Principal Act

PART XXX-AMENDMENTS OF DEFENCE SERVICE HOMES ACT 1918

84. The Defence Service Homes Act 1918*29* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 85.

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 theapplication-

(i)

whether the applicant is the owner of a dwelling-house otherthan that in respect of which the application for assistance has been made;

(ii)

if the applicant has a wife or husband-whether the applicant andthe wife or husband of the applicant are permanently separated; and

(iii) if the applicant has a wife or husband and the Corporation hasnot determined that the applicant and the wife or husband of the applicant arepermanently separated-whether the wife or husband of the applicant is theowner of a dwelling-house other than that in respect of which the applicationfor 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 precedingsub-section'' and substituting ''paragraph (1) (a)''; and

(d)

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

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

(a)

that an applicant for assistance is not the owner of adwelling-house other than that in respect of which the application forassistance has been made;

(b)

that the applicant and the wife or husband of the applicant arepermanently separated; or

(c)

that the wife or husband of the applicant is not the owner of adwelling-house other than that in respect of which the application forassistance has been made,

then, for the purposes of section 19A or 23, the Corporation shall bedeemed to be satisfied of the matter so determined and shall be deemed to continue to be so satisfied notwithstanding that, after the making of thedetermination-

(d)

in a case to which paragraph (a) applies-the applicant becomes theowner of a dwelling-house other than that in respect of which the applicationfor assistance has been made;

(e)

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

(f)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 87.

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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 89.

89. Section 32A of the Principal Act is repealed and the following sectionis substituted: Call-up of moneys on discovery of false statement

''32A. (1) Where-

(a)

a person has, whether before or after the commencement of thissection-

(i)

in connection with the sale to him under this Act of a dwelling-house (in this sub-section referred to as the 'relevantdwelling-house') or the making of an advance to him under this Act inconnection with land and a dwelling-house (in this sub-section also referredto as the 'relevant dwelling-house') or land and a proposed dwelling-house (inthis sub-section also referred to as the 'relevant dwelling-house'); or

(ii)

in an application for such a sale or the making of such anadvance,

declared-

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

(iv)

that the person and the wife or husband of the person werepermanently separated; or

(v)

that the wife or husband of the person was not the owner of anydwelling-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 landand the relevant dwelling-house has passed to another person otherwise than asthe personal representative of the first-mentioned person, call up, by noticein writing given to the person or to the personal representative of theperson, the whole of the moneys secured under the contract of sale or themortgage or other security concerned and, thereupon, those moneys become dueand 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 ofan advance, to a person and the wife or husband of the person jointly inaccordance with section 4A.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 90.

Dwelling houses for incapacitated soldiers

90. Section 47 of the Principal Act is amended by omitting from sub-section

(1) ''of Veterans' Affairs''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 91.

PART XXXI-AMENDMENT OF DRIED VINE FRUITS EQUALIZATION ACT 1978 Principal Act

91. The Dried Vine Fruits Equalization Act 1978*30* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 92.

Investment of moneys of Fund

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

''(2) In sub-section (1), 'approved bank' means a bank that is an approvedbank within the meaning of section 63E of the Audit Act 1901.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 93.

93. The Egg Export Control Act 1947*31* is in this Part referred to as thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 94.

Australian Egg Board

94. (1) Section 5 of the Principal Act is amended by omitting fromsub-section (3) ''Governor-General'' and substituting ''Minister''.

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 95.

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 thedate of his appointment,'' and substituting ''such period, not exceeding 3years, as the Minister specifies in the instrument of his appointment,''.

(2)

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

(3)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 96.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 98.

98. Section 8 of the Principal Act is repealed and the following section issubstituted: Remuneration, &c.

''8. (1) A member of the Board and a deputy of a member of the Board shallbe 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 bepaid such allowances as are prescribed.

''(3) Sub-sections (1) and (2) have effect subject to the RemunerationTribunals Act 1973, but sub-section 7 (9) of that Act does not apply inrelation to the remuneration payable to a member of the Board or a deputy of amember of the Board.

''(4) If a member or a deputy of a member is also a member of, or acandidate 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 suchexpenses as he reasonably incurs by reason of his attendance at meetings ofthe Board or of a committee of the Board or of his engagement (whether inAustralia or overseas), with the approval of the Board, on business of theBoard.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 99.

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 ''therepayment 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 madeavailable by the Parliament''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 100.

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)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 101.

Principal Act

PART XXXIII-AMENDMENT OF EXCISE TARIFF ACT 1921

101. The Excise Tariff Act 1921*32* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 102.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 103.

Principal Act

PART XXXIV-AMENDMENTS OF EXPLOSIVES ACT 1961

103. The Explosives Act 1961*33* is in this Part referred to as thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 104.

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 followingsub-section:

''(2) The provisions of section 48 (except paragraph (1) (b) andsub-section (2) ) and sections 49 and 50 of the Acts Interpretation Act 1901apply in relation to orders made under the regulations as if references inthose 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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 105.

105. Section 17 of the Principal Act is repealed and the following sectionis 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 isfixed under the regulations.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 106.

Formal amendments

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 107.

Principal Act

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

107. The Glebe Lands (Appropriation) Act 1974*34* is in this Part referredto as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 108.

Repeal of Act

108. The Principal Act is repealed.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 109.

Principal Act

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

109. The Great Barrier Reef Marine Park Act 1975*35* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 110.

Regulations

110. Section 66 of the Principal Act is amended by omitting from sub-section

(5) ''12 months'' and substituting ''2 years''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 111.

Principal Act

PART XXXVII-AMENDMENTS OF HANDICAPPED PERSONS ASSISTANCE ACT 1974

111. The Handicapped Persons Assistance Act 1974*36* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 112.

Interpretation

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 113.

Grants

113. Section 10 of the Principal Act is amended by omitting from paragraph

(2) (a) ''four-fifths'' and substituting ''80%''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 114.

Grants

114. Section 13 of the Principal Act is amended by omitting from sub-section

(2) ''four-fifths'' and substituting ''80%''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 115.

Grants

115. Section 15 of the Principal Act is amended by omitting from sub-section

(2) ''four-fifths'' and substituting ''80%''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 116.

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%''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 117.

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%''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 118.

Handicapped children's benefit

118. Section 23 of the Principal Act is amended by omitting from sub-section

(2) ''1953-1974'' and substituting ''1953''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 119.

Interpretation

119. Section 27 of the Principal Act is amended by omitting from paragraph

(b) ''Social Services Act 1947-1974'' and substituting ''Social Security Act1947''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 120. 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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 121. 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 ofSocial Security''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 122.

Principal Act

PART XXXVIII-AMENDMENTS OF HOME DEPOSIT ASSISTANCE ACT 1982

122. The Home Deposit Assistance Act 1982*37* is in this Part referred to a

s the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 123.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 124.

Reconsideration by Director-General

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 125.

Further amendments

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 126.

Principal Act

PART XXXIX-AMENDMENTS OF HOMELESS PERSONS ASSISTANCE ACT 1974

126. The Homeless Persons Assistance Act 1974*38* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 127.

Interpretation

127. Section 3 of the Principal Act is amended by omitting ''an endowmentunder Part VI of the Social Services Act 1947-1974'' from paragraph (b) of thedefinition of ''homeless person'' and substituting ''a family allowance underPart VI of the Social Security Act 1947''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 128.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 130.

Principal Act

PART XL-AMENDMENTS OF HOMES SAVINGS GRANT ACT 1964

130. The Homes Savings Grant Act 1964*39* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 131.

Appeal to Director-General

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 132.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 133.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 134.

134. After section 31 of the Principal Act the following section isinserted: References to Director-General include references to Secretary

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

''(2) Where, immediately before the commencement of this section, there werepending in any court or tribunal any proceedings under this Act to which theMinister for Housing and Construction, or the Permanent Head of the Departmentof Housing and Construction, was, in his capacity as Minister or PermanentHead, a party, those proceedings may be continued by or against the Ministerfor Social Security or the Director-General of Social Security, as the casemay be.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 135.

Further amendments

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 136.

Principal Act

PART XLI-AMENDMENTS OF HOMES SAVINGS GRANT ACT 1976

136. The Homes Savings Grant Act 1976*40* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 137. 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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 138.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 139.

Reconsideration by Director-General

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 140.

140. After section 53A of the Principal Act the following section isinserted: References to Director-General include references to Secretary

''53B. (1) A reference in this Act to the Director-General shall, inrelation to the doing of any act or thing under this Act before 7 May 1982, beread as a reference to the Permanent Head of the Department of Housing andConstruction or to a delegate of the Permanent Head of the Department ofHousing and Construction.

''(2) Where, immediately before the commencement of this section, there werepending in any court or tribunal any proceedings under this Act to which theMinister for Housing and Construction, or the Permanent Head of the Departmentof Housing and Construction, was, in his capacity as Minister or PermanentHead, a party, those proceedings may be continued by or against the Ministerfor Social Security or the Director-General of Social Security, as the casemay be.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 141.

Further amendments

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 142.

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 inpursuance of the arrangement, and the payment of interest on any loan so made,out of moneys made available by the Parliament.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 144.

Definitions

145. Section 3 of the Principal Act is amended by omitting ''of PrimaryIndustry'' from the definition of ''the Secretary''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 146.

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 inwriting by the Minister for the purposes of this section may, in a particularcase, for a reason that the Minister or the authorized person, as the case maybe, in his discretion thinks sufficient, remit the whole or a part of anamount payable under this section.

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 147.

147. After section 12 of the Principal Act the following section isinserted: Review of decisions

''12A. (1) Applications may be made to the Administrative Appeals Tribunalfor review of decisions made by the Minister or an authorized person for thepurposes of sub-section 8 (3).

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

''(3) Any failure to comply with the requirements of sub-section (2) inrelation to a decision does not affect the validity of the decision.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 148.

Principal Act

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

1. The Industrial Research and Development Incentives Act 1976*43* is inthis Part referred to as the Principal Act.
2. (1) Section 25 of the Principal Act is amended by omitting sub-sections

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 149.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 150.

150. (1) Section 26A of the Principal Act is repealed and the followingsection is substituted: Effect of reconstruction of companies

''26A. Where the Board is satisfied that a company that has, after 17 August1982, applied for a commencement grant in respect of the grant year ending on30 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 asubstantial part of which was previously carried on by another company thatbecame, or will become, entitled to a commencement grant, or to a grant offinancial assistance under the previous Act, the Board may, for the purposesof the application, treat the applicant company and the other company as onecompany.''.

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 151.

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 ofthe grant year that ended on 30 June 1982 or any subsequent grant year shallbe deemed not to have been made unless-

(a)

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

(b)

on or before 30 September next after the end of that grant year, thecompany has given the Board notice in writing stating that it will be unableto make an application for a commencement grant in respect of that grant yearon or before that 30 September and the application is received as mentioned insub-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 deemednot to have been given until it has been received on behalf of the Board by amember of the staff assisting the Board or by a person appointed by the Boardto receive such notices.

''(3C) An application by a company for a commencement grant in respect ofthe grant year that ended on 30 June 1981 or any previous grant year shall bedeemed not to have been made unless it was received as mentioned in sub-section (3) on or before 17 August 1982.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 152.

152. After section 34 of the Principal Act the following section isinserted: Effect of late application

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 153.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 154.

154. After section 4 of the Principal Act the following section isinserted: Authorized persons

''4A. A reference in a provision of this Act to an authorized person is areference to-

(a)

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

(b)

a person included in a class of persons appointed by the Minister, inwriting, to be authorized persons for the purposes of the provision.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 155.

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, bythe Minister for the purposes of this section'' and substituting ''anauthorized person''; and

(b)

by omitting from sub-section (4) ''a person authorized by the Ministerfor the purposes of this section'' and substituting ''an authorized person''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 156.

156. Section 15 of the Principal Act is repealed and the following sectionsare substituted: Access to premises

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

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

''(3) If, on an application under sub-section (2), the Justice of the Peaceis satisfied, by information on oath or affirmation-

(a)

that there is reasonable ground for believing that there are on thepremises to which the application relates any books, documents or papersrelating to the slaughter of live-stock in respect of which levy is, or maybe, payable; and

(b)

that the issue of the warrant is reasonably required for the purposesof this Act, the Justice of the Peace may grant a warrant authorizing the authorizedperson, with such assistance as the person thinks necessary, to enter thepremises, during such hours as the warrant specifies or, if the warrant sospecifies, at any time, if necessary by force, for the purpose of exercisingthe functions of an authorized person under this section.

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

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

''(6) A person shall not, without reasonable excuse, obstruct or hinder anauthorized 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 searchfor, inspect, take extracts from and make copies of any books, documents orpapers relating to the slaughter of live-stock in respect of which levy is, ormay be, payable.Review of decisions

''15A. (1) Applications may be made to the Administrative Appeals Tribunalfor review of decisions made by the Minister or an authorized person for thepurposes of sub-section 9 (3).

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

''(3) Any failure to comply with the requirements of sub-section (2) inrelation to a decision does not affect the validity of the decision.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 157.

Interpretation

158. Section 3 of the Principal Act is amended-

(a)

by omitting ''of Primary Industry'' from the definition of ''theSecretary''; 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 areference to-

(a)

a person appointed by the Minister, in writing, to be an authorizedperson 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 159.

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 writingby 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'' (lastoccurring).

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 160.

160. Section 9 of the Principal Act is repealed and the following section issubstituted: Access to premises

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

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

''(3) If, on an application under sub-section (2), the Justice of the Peaceis satisfied, by information on oath or affirmation-

(a)

that there is reasonable ground for believing that there are on thepremises to which the application relates any books, documents or papersrelating to relevant matters; and

(b)

that the issue of the warrant is reasonably required for the purposesof this Act, the Justice of the Peace may grant a warrant authorizing the authorizedperson, with such assistance as the person thinks necessary, to enter thepremises, during such hours as the warrant specifies or, if the warrant sospecifies, at any time, if necessary by force, for the purpose of exercisingthe functions of an authorized person under this section.

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

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

''(6) A person shall not, without reasonable excuse, obstruct or hinder anauthorized 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 searchfor, inspect, take extracts from and make copies of any books, documents orpapers 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 161.

161. After section 10 of the Principal Act the following section isinserted: Review of decisions

''10A. (1) Applications may be made to the Administrative Appeals Tribunalfor review of decisions made by the Minister or an authorized person for thepurposes of sub-section 5 (2).

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

''(3) Any failure to comply with the requirements of sub-section (2) inrelation to a decision does not affect the validity of the decision.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 162.

Principal Act

PART XLVII-AMENDMENTS OF NATIONAL LABOUR CONSULTATIVE COUNCIL ACT 1977

1. The National Labour Consultative Council Act 1977*46* is in this Part referred to as the Principal Act.
2. Section 3 of the Principal Act is amended-

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 163.

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 thefollowing paragraph:

''(b) the Secretary;''; and

(c)

by omitting from paragraph (1) (d) ''Confederation of AustralianIndustry, National Employers' Industrial Council'' and substituting''Confederation of Australian Industry Industrial Council''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 165.

Principal Act

PART XLVIII-AMENDMENTS OF NAVIGATION ACT 1912

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 167.

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 bodycorporate or not, established or incorporated for a public purpose by a law ofthe Commonwealth or of a Territory (other than the Northern Territory), andincludes a body corporate incorporated under a law of the Commonwealth, of aState or of a Territory, being a body corporate in which the Commonwealth hasa 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 theexclusive possession of, the Commonwealth or a Commonwealth authority,

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

'' 'consul' includes-

(a)

ambassador, high commissioner, commissioner or other head ofmission;

(b)

minister;

(c)

charg'e d'affairs; and

(d)

counsellor, secretary or attach'e of an embassy or other mission;''; and

(c)

by inserting after the definition of ''official log-book'' insub-section (1) the following definition:

'' 'order' means an order made under this Act or in pursuance of the

regulations;''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 168.

Repeal of section 175

168. Section 175 of the Principal Act is repealed.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 169.

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 surveyof shipping approved by the Minister under section 187BA;''; and

(b)

by omitting from paragraph (b) of the definition of ''the ContainerConvention'' in sub-section (1) ''any amendment'' and substituting ''theamendments to Annex 1 dated 2 April 1981 (a copy of the English text of whichis set forth in Schedule 5A) and any other amendment''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 170.

170. After section 187B of the Principal Act the following section isinserted: Approved survey authority

''187BA. The Minister may, for the purposes of this Part, by instrument inwriting approve a corporation or association for the survey of shipping.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 171.

Detention of ships not registered in Australia

171. Section 192A of the Principal Act is amended by omitting fromsub-section (1) ''such officer as is prescribed'' and substituting ''theMinister''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 172.

Regulations

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

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

''(4) Section 426 applies to orders made in pursuance of regulations made byvirtue of sub-section (3).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 173.

173. Section 248 of the Principal Act is repealed and the following sectionis substituted: Definition of dangerous goods

''248. (1) In this Division, 'dangerous goods' means the goods listed in theInternational 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 MaritimeOrganization, as amended from time to time.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 174.

Repeal of section 256

174. Section 256 of the Principal Act is repealed.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 175.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 176.

176. After section 295A of the Principal Act the following section isinserted: Certain provisions of Part not applicable to certain wrecks

''295B. (1) The provisions of sections 302 to 312 (inclusive), section 314and 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 alaw of a State or of the Northern Territory that relates to shipwrecks orrelics 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 thissub-section referred to as the 'relevant provisions') cease to apply inrelation to a wreck to which sub-section (1) applies, section 8 of the ActsInterpretation Act 1901 has effect in respect of any previous application ofthe relevant provisions in relation to that wreck as if the relevantprovisions had been repealed by another Act with effect from the date on whichthey so ceased to apply, but nothing in this sub-section precludes therelevant provisions from again applying in relation to that wreck if it subsequently ceases to be a wreck to which sub-section (1) applies.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 177.

Removal of wrecks on or near coast

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

''(3A) The Minister shall not exercise any of the powers referred to insub-section (1) in relation to a wreck to which sub-section 295B (1) appliesunless 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 theenvironment.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 178.

Interpretation

178. Section 330 of the Principal Act is amended by omitting fromsub-section (1) the definition of ''Convention'' and substituting thefollowing definitions:

'' 'Convention' means the International Convention relating to thelimitation of the liability of owners of sea-going ships signed at Brussels on10 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 Conventionrelating to the limitation of the liability of owners of sea-going shipssigned at Brussels on 10 October 1957, being the Protocol a copy of theEnglish text of which is set forth in Schedule 6A.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 179.

Regulations, &c.

179. Section 336 of the Principal Act is amended by omitting from paragraph

(1) (b) ''franc'' and substituting ''units of account''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 180.

Penalties for certain offences

180. Section 392 of the Principal Act is amended by inserting in paragraph

(2) (a) '', or both'' after ''4 years''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 181.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 182.

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

''405PA. (1) The regulations may empower the Minister to make orders withrespect to any matter for or in relation to which provision may be made by theregulations by virtue of the provisions of this Part.

''(2) Section 426 applies to orders made in pursuance of regulations made byvirtue of sub-section (1).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 183. Regulations

Orders may be disallowed, &c.

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

''(3) For the purposes of the application of sub-section 5 (3B) of theStatutory Rules Publication Act 1903 in accordance with sub-section (2), thereference 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 185.

Schedule 5A

1. After Schedule 5 to the Principal Act, the Schedule set out in Schedule5 to this Act is inserted.
2. After Schedule 6 to the Principal Act, the Schedule set out in Schedule6 to this Act is inserted.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 186.

Further amendments

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 188.

Principal Act

PART XLIX-AMENDMENT OF NORFOLK ISLAND ACT 1979

188. The Norfolk Island Act 1979*48* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 189.

Principal Act

PART L-REPEAL OF NORTHERN TERRITORY RAILWAY EXTENSION ACT 1971

190. The Northern Territory Railway Extension Act 1971*49* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 191.

Repeal of Act

191. The Principal Act is repealed.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 192.

Principal Act.

PART LI-AMENDMENTS OF NURSING HOMES ASSISTANCE ACT 1974

192. The Nursing Homes Assistance Act 1974*50* is in Part referred to as the Principal Act

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 193.

Interpretation

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 194.

Evidence

194. Section 33 of the Principal Act is amended-

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

''and (c) an approval under this Act was subject to terms and conditionsstated 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 adocument made or issued under this Act; or

(b) that-

(i)

a document annexed to the certificate is a true copy of adocument 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 thecertificate.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 195.

Principal Act

PART LII-AMENDMENTS OF OVERSEAS TELECOMMUNICATIONS ACT 1946

1. The Overseas Telecommunications Act 1946*51* is in this Part referred to as the Principal Act.
2. After section 6 of the Principal Act the following section is insertedin Part I: Extension of Act to adjacent areas

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 196.

''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 ifreferences in this Act to Australia, when used in a geographical sense,included references to the adjacent areas in respect of the States andTerritories.

''(2) The application of the provisions of this Act in relation to theadjacent areas in respect of the States and Territories by virtue ofsub-section (1) extends to and in relation to all acts, matters and thingstouching, concerning, arising out of or connected with the exploration of, orthe exploitation of the resources of, the continental shelf of Australia or ofan external Territory and not otherwise.

''(3) Without limiting the generality of sub-section (2), the application ofthe provisions of this Act in relation to the adjacent areas in respect of theStates and Territories by virtue of sub-section (1) extends to and in relationto all acts done by or in relation to, and all matters, circumstances andthings affecting, any person who is in the adjacent area in respect of a Stateor Territory for a reason touching, concerning, arising out of or connectedwith the exploration of, or the exploitation of the resources of, thecontinental shelf of Australia or of an external Territory.

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

''(5) Subject to the Constitution, jurisdiction is conferred on the severalcourts of the Territories within the limits of their several jurisdictions,other than limits as to locality, with respect to matters arising under theprovisions 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80,

Commission's powers exercisable outside Australia

198. Section 34A of the Principal Act is amended-

(a)

by omitting ''the last preceding section'' and substituting ''section34'';

(b)

by omitting from paragraph (a) ''paragraph (a) of that section'' andsubstituting ''paragraph 34 (1) (a)''; and

(c)

by omitting from paragraph (b) ''the last preceding paragraph'' andsubstituting ''paragraph (a)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 199.

199. After section 34A of the Principal Act the following section isinserted: Commission may enter into consultancy agreement

''34B. (1) With the approval of the Minister, the Commission may enter intoan agreement with another person (including the Government of another country)for the provision by the Commission to that person of consultancy services ina country outside Australia in relation to any aspect of telecommunications.

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

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 200.

Policy of Commission

200. Section 38A of the Principal Act is amended by adding at the endthereof the following sub-section:

''(3) Sub-section (2) does not apply in relation to a service made availablein pursuance of an agreement entered into under sub-section 34B (1).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 201.

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 ''ExecutiveOfficer''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 203.

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 amatter that is the subject of a proposed resolution set out in a document forthe purposes of sub-section 19 (10)-

(a)

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

(b)

shall, as soon as possible after he becomes aware that the matter isthe subject of a proposed resolution or of a resolution, disclose the natureof his interest at a meeting of the Authority.

''(6B) A disclosure under paragraph (6A) (b) shall be recorded in theminutes of the Authority.'';

(d)

by omitting from sub-section (7) ''Sub-section (6) does'' andsubstituting ''Sub-sections (6) and (6A) do''; and

(e)

by inserting in sub-section (8) ''or (6A)'' after ''sub-section (4)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 204.

Meetings of the Authority

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

''(10) Where a majority of the members of the Authority sign a documentcontaining a statement that they are in favour of a resolution in terms setout 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 Authorityheld on the day on which the document was signed, or, if the members sign thedocument on different days, on the day on which the document was last signedby a member.

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 205.

205. After section 19 of the Principal Act the following section is insertedin Part III: Delegation

''19A. (1) The Authority may, either generally or as otherwise provided bythe instrument of delegation, by writing under its common seal, delegate tothe Chief Executive or to another officer of the Authority all or any of itspowers under this Act, other than this power of delegation.

''(2) A power so delegated, when exercised by the delegate, shall, for thepurposes of this Act, be deemed to have been exercised by the Authority.

''(3) A delegation under this section does not prevent the exercise of apower by the Authority.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 206.

Acting Chief Executive

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 208.

Further amendments

1. The Principal Act is amended as set out in Schedule 8.
2. Notwithstanding the amendments made by this Part, the person who wasthe Executive Officer of the Authority immediately before the commencement ofthis Part shall, subject to the Parliament House Construction Authority Act1979, hold office as the Chief Executive of the Authority, as if he had beenappointed as the Chief Executive of the Authority under section 20 of thePrincipal Act as amended by this Part, for the remainder of the period forwhich he was appointed as Executive Officer of the Authority under thePrincipal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80,

Principal Act

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

210. The Petroleum (Submerged Lands) Act 1967*53* is in this Part referredto as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 211.

Formal amendments

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 212.

Schedule 2

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 213.

Principal Act

PART LV-AMENDMENTS OF PIG INDUSTRY RESEARCH ACT 1971

213. The Pig Industry Research Act 1971*54* is in this Part referred to asthe Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 214.

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'' andsubstituting ''out of the account kept under sub-section 5A (1)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 215.

215. After section 5 of the Principal Act the following section isinserted: Separate accounts to be kept

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

''(2) A separate account shall be kept of the moneys in the Research Accountrepresenting-

(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).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 216.

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 theResearch Account'' and substituting ''sub-section (2), moneys standing to thecredit of either of the accounts kept under section 5A''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 217.

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'' andsubstituting ''such period, not exceeding 3 years, as is specified in theirrespective instruments of appointment''.

(2)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 218.

Chairman of Committee

218. Section 10 of the Principal Act is amended by omitting ''of PrimaryIndustry''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 219.

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'' andsubstituting ''such period, not exceeding 3 years, as is specified in theirrespective instruments of appointment''.

(2)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 221.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 222.

222. After section 3 of the Principal Act the following section isinserted: Extension of Act to adjacent areas

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

''(2) The application of the provisions of this Act in relation to theadjacent areas in respect of the States and Territories by virtue ofsub-section (1) extends to and in relation to all acts, matters and thingstouching, concerning, arising out of or connected with the exploration of, orthe exploitation of the resources of, the continental shelf of Australia or ofan external Territory and not otherwise.

''(3) Without limiting the generality of sub-section (2), the application ofthe provisions of this Act in relation to the adjacent areas in respect of theStates and Territories by virtue of sub-section (1) extends to and in relationto all acts done by or in relation to, and all matters, circumstances andthings affecting, any person who is in the adjacent area in respect of a Stateor Territory for a reason touching, concerning, arising out of or connectedwith the exploration of, or the exploitation of the resources of, thecontinental shelf of Australia or of an external Territory.

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

''(5) Subject to the Constitution, jurisdiction is conferred on the severalcourts of the Territories within the limits of their several jurisdictions,other than limits as to locality, with respect to matters arising under theprovisions 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 223.

223. The Poultry Industry Assistance Act 1965*57* is in this Part referredto as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 224.

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 ''therepayment of any loan made by the Bank in pursuance of the arrangement, andthe payment of interest on any loan so made, out of moneys made available bythe Parliament''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 225.

Principal Act

PART LIX-AMENDMENTS OF POULTRY INDUSTRY LEVY COLLECTION ACT 1965

225. The Poultry Industry Levy Collection Act 1965*58* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 226.

Interpretation

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

''(3) A reference in a provision of this Act to an authorized person is areference to-

(a)

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

(b)

a person included in a class of persons appointed by the Minister, inwriting, to be authorized persons for the purposes of the provision.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 227.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 228.

228. Section 11 of the Principal Act is repealed and the following sectionsare substituted: Access to premises

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

''(2) Where an authorized person has reason to believe that there are on anypremises (including premises of, or occupied by, a State or an authority of aState)-

(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 awarrant authorizing the authorized person to enter the premises for thepurpose of exercising the functions of an authorized person under thissection.

''(3) If, on an application under sub-section (2), the Justice of the Peaceis 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 purposesof this Act, the Justice of the Peace may grant a warrant authorizing the authorizedperson, with such assistance as the person thinks necessary, to enter thepremises, during such hours as the warrant specifies or, if the warrant sospecifies, at any time, if necessary by force, for the purpose of exercisingthe functions of an authorized person under this section.

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

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

''(6) A person shall not, without reasonable excuse, obstruct or hinder anauthorized 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 anybooks, documents or papers relating to relevant matters.

''(8) In this section, 'relevant matters' means the keeping of chickens orhens for commercial purposes or the hatching of chickens.Review of decisions

''11A. (1) Applications may be made to the Administrative Appeals Tribunalfor review of decisions made by the Minister or an authorized person for thepurposes of sub-section 8 (2).''.

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

''(3) Any failure to comply with the requirements of sub-section (2) inrelation to a decision does not affect the validity of the decision.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 229.

Sectional Committees

230. Section 9 of the Principal Act is amended-

(a)

by omitting from sub-section (3) ''sections 5, 8 and 12'' andsubstituting ''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 constitutedby-

(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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 231.

Principal Act

PART LXI-AMENDMENTS OF PUBLIC SERVICE ACT 1922

231. The Public Service Act 1922*60* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 232.

Schedules 2 and 3

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 233.

233. The Public Works Committee Act 1969*61* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 234.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 236.

Review of reports

236. Section 19 of the Principal Act is amended by omitting from sub-section

(2) ''Housing'' and substituting ''Transport''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 237.

Principal Act

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

237. The Re-establishment and Employment Act 1945*62* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 238.

Interpretation

238. Section 4 of the Principal Act is amended by omitting from sub-section

(3) '', Part IV''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 239.

Repeal of Part IV

239. Part IV of the Principal Act is repealed.

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 240.

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 241.

Interpretation

241. Section 139 of the Principal Act is amended by omitting fromsub-section (1) the definition of ''operational area'' and substituting thefollowing 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'sdominions other than the Commonwealth, being service before 20 April 1956-thearea of Korea, including the waters contiguous to the coast of Korea for adistance of 100 nautical miles seaward from the coast;

(b)

in relation to the war service of members of the Military Forces of theCommonwealth or the Military Forces of a part of the Queen's dominions otherthan 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 10nautical 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 theQueen's dominions other than the Commonwealth, being service before thecommencement of the Repatriation (Far East Strategic Reserve) Act 1956-thearea of Malaya, including the waters contiguous to the coast of Malaya for adistance of 10 nautical miles seaward from the coast.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 242.

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 Act1947-1951'' and substituting ''Social Security Act 1947'';

(b)

by omitting from sub-section (2) ''Social Services Consolidation Act1947-1951'' and substituting ''Social Security Act 1947''; and

(c)

by omitting from sub-section (3) '', or a person who is included in aprescribed class of persons and'', and substituting ''who''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 243.

Rehabilitation allowance during treatment

243. Section 151 of the Principal Act is amended-

(a)

by omitting ''Social Services Consolidation Act 1947-1951'' andsubstituting ''Social Security Act 1947''; and

(b)

by omitting from paragraph (b) ''wife's allowance and child'sallowance'' and substituting ''wife's pension''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 244.

Principal Act

PART LXIV-AMENDMENT OF REMOVAL OF PRISONERS (AUSTRALIAN CAPITALTERRITORY) ACT 1968

244. The Removal of Prisoners (Australian Capital Territory) Act 1968*63* is0 in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 245.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 246.

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, aregulation''; and

(c)

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 248.

Principal Act

PART LXVI-AMENDMENTS OF SCIENCE AND INDUSTRY RESEARCH ACT 1949

248. The Science and Industry Research Act 1949*65* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 249.

Interpretation

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 250.

250. After section 38 of the Principal Act the following section isinserted: 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 TerritoryCommittee') consisting of-

(a)

a Chairman; and

(b)

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

''(2) The members of the Northern Territory Committee shall be appointed bythe 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, tertiaryeducation and community interests in the Northern Territory; and

(b)

persons selected from Departments or Authorities of the Government ofthe Northern Territory.

''(4) The period of appointment of the members of the Northern TerritoryCommittee shall be the same as the period of appointment prescribed for thepurposes of sub-section 38 (4).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 251.

Functions of State Committees

251. Section 39 of the Principal Act is amended by inserting in paragraphs

(a) and (b) ''or Territory'' after ''State''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 252.

Meetings of State Committees

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

''(2) The regulations in force from time to time under sub-section (1) applyin relation to the Committee established by sub-section 38A (1) as if

references in those regulations to State Committees were references to thatfirst-mentioned Committee.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 253.

Principal Act

PART LXVII-AMENDMENTS OF SEAMEN'S COMPENSATION ACT 1911

253. The Seamen's Compensation Act 1911*66* is in this Part referred to asthe Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 254.

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 andCommerce''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 255.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 256.

Principal Act

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

256. The Seat of Government (Administration) Act 1910*67* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 257.

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 theParliament within fifteen sitting days of that House after the day on whichthe 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 andin 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 aprovision of an Ordinance empowering him to determine, by notice in writingpublished in the Gazette, fees or charges for the purposes of theOrdinance;''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 258.

Principal Act

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

258. The States Grants (Petroleum Products) Act 1965*68* is in this Partreferred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 259.

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 aState-

(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 thissection; or

(b) becomes void and of no effect by virtue of the operation of sub-section48 (3) of the Acts Interpretation Act 1901 as applied by sub-section (2) ofthis 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 amendmentbecame void and of no effect, as the case may be.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 260.

Principal Act

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

260. The Statute Law (Miscellaneous Amendments) Act 1981*69* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 261.

Oath of allegiance and office by Judge

261. Section 14 of the Principal Act is amended by omitting '' 'or someother person appointed by the Governor-General in that behalf,' '' andsubstituting '' 'or some person appointed by the Governor-General in thatbehalf,' ''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 262.

1982 Principal Act

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

262. The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982*70* is inthis Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 263.

Amendment of certain provisions of the Principal Act

263. Each of the following sections of the Principal Act, namely, sections4, 53, 58, 77, 79, 147, 151, 153, 157, 165 and 206 is amended by omitting fromparagraph (b) ''(third and fourth occurring)'' and substituting ''(second-lastand last occurring)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 264.

Principal Act

PART LXXII-AMENDMENT OF STATUTE LAW REVISION ACT 1981

264. The Statute Law Revision Act 1981*71* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 265.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 266.

Principal Act

PART LXXIII-AMENDMENT OF TELECOMMUNICATIONS ACT 1975

1. The Telecommunications Act 1975*72* is in this Part referred to as the Principal Act.
2. After section 3 of the Principal Act the following section is insertedin Part I:

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 267.

Extension of Act to adjacent areas

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

''(2) The application of the provisions of this Act in relation to theadjacent areas in respect of the States and Territories by virtue ofsub-section (1) extends to and in relation to all acts, matters and thingstouching, concerning, arising out of or connected with the exploration of, orthe exploitation of the resources of, the continental shelf of Australia or ofan external Territory and not otherwise.

''(3) Without limiting the generality of sub-section (2), the application ofthe provisions of this Act in relation to the adjacent areas in respect of theStates and Territories by virtue of sub-section (1) extends to and in relationto all acts done by or in relation to, and all matters, circumstances andthings affecting, any person who is in the adjacent area in respect of a Stateor Territory for a reason touching, concerning, arising out of or connectedwith the exploration of, or the exploitation of the resources of, thecontinental shelf of Australia or of an external Territory.

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

''(5) Subject to the Constitution, jurisdiction is conferred on the severalcourts of the Territories within the limits of their several jurisdictions,other than limits as to locality, with respect to matters arising under theprovisions 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.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 268.

Schedule

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

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 270.

Principal Act

PART LXXV-AMENDMENTS OF THERAPEUTIC GOODS ACT 1966

1. The Therapeutic Goods Act 1966*74* is in this Part referred to as thePrincipal Act.
2. Section 5 of the Principal Act is amended by omitting ''under thedirection'' from paragraph (a) of the definition of ''British Pharmacopoeia''in sub-section (1) and substituting ''on the recommendation''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 271. Interpretation

Determination of standards for specific goods

272. Section 11 of the Principal Act is amended by adding at the end thereofthe 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 orarticle, specify that a matter relating to the standard is to be determined inaccordance with a test specified in the order.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 273.

Determination of general standards

273. Section 13 of the Principal Act is amended by inserting aftersub-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 thatis a prescribed matter, a standard for a substance or article, specify thatthe matter is to be determined in accordance with a test specified in theorder.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 274.

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 madeunder section 14 of the Principal Act that was in force immediately before thecommencement 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).

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 275.

275. After section 15 of the Principal Act the following section isinserted: Instruments may contain several orders

''15A. Nothing in this Act prevents the making of 2 or more orders underthis Act by a single instrument.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 276.

Mode of specifying standards, &c.

276. Section 16A of the Principal Act is amended by omitting fromsub-section (1) '', 14''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 277.

277. Section 29A of the Principal Act is repealed and the following sectionis substituted: Applications for review

''29A. (1) Applications may be made to the Administrative Appeals Tribunalfor review of relevant decisions.

''(2) Where a person is given notice in writing of a relevant decision, thenotice shall include a statement to the effect that, subject to theAdministrative Appeals Tribunal Act 1975, application may be made to theAdministrative Appeals Tribunal for review of the relevant decision to whichthe notice relates by or on behalf of the person or persons whose interestsare affected by the relevant decision.

''(3) Any failure to comply with the requirements of sub-section (2) inrelation to a relevant decision does not affect the validity of the relevantdecision.

''(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) ofa notice under paragraph 23D (2) (b);

(c)

a refusal by the Director-General to grant an application made underparagraph 23E (5) (a), (7) (a) or (7) (b);

(d)

a refusal by the Director-General to grant an application made undersub-section 23E (8); and

(e)

a revocation by the Director-General pursuant to sub-section 23E (9) ofa notice under paragraph 23E (5) (a), (7) (a) or (7) (b).''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 278.

Principal Act

PART LXXVI-AMENDMENT OF TRADE PRACTICES ACT 1974

278. The Trade Practices Act 1974*75* is in this Part referred to as the Principal Act.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 279.

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 DeputyPresident to act as President during the absence, or while there is a vacancyin the office of President, as the case may be.''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SECT. 280.

Amendments of certain Acts

PART LXXVII-AMENDMENTS OF CERTAIN ACTS TO AMEND OR OMIT REFERENCES TO VARIOUS MINISTERS, DEPARTMENTS AND PERMANENT HEADS

280. (1) The Acts specified in Column 1 of Schedule 12 are amended as setout 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 ''previousMinister''), 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 anotherMinister, or to the Permanent Head or an officer of another Department, wassubstituted 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 theAct before 7 May 1982, be read as a reference to the previous Minister or tothe Permanent Head or an officer of the previous Department, as the case maybe.

(3)

Where-

(a)

immediately before the commencement of this section, there were pendingin any court or tribunal any proceedings under an Act to which a particularMinister or the Permanent Head of a particular Department was, in his capacityas Minister or Permanent Head, a party;

(b)

by virtue of the operation of sub-section (1), references to anotherMinister, or to the Permanent Head of another Department, were substituted forreferences 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 thePermanent Head of that other Department, as the case may be.

----------------

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 1

SCHEDULE 1 Section 106 FORMAL AMENDMENTS OF THE EXPLOSIVES ACT 1961

Provision Amendment

Section 5 . . . . . . Omit ''either of the last two preceding paragraphs ofthis 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 sectionnine 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 sectionnine 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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 2

SCHEDULE 2 Section 125 AMENDMENTS OF THE HOME DEPOSIT ASSISTANCE ACT 1982

Provision Amendment

Sub-section 4 (1) . . Omit ''Secretary'' (wherever occurring) from thedefinition of ''approved interest'', substitute''Director-General''. Omit the definition of ''Department'', substitute the

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 3

SCHEDULE 3 Section 135 AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1964

Provision Amendment

Sub-section 4 (1) . . Omit ''Secretary'' (wherever occurring) from the

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 4

SCHEDULE 4 Section 141 AMENDMENTS OF THE HOMES SAVINGS GRANT ACT 1976

Provision Amendment

Sub-section 4 (1) . . Omit ''Secretary'' (wherever occurring) from thedefinition of ''approved interest'', substitute''Director-General''. Omit the definition of ''Department'', substitute thefollowing definition:

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''.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 5

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 containersthe 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 waiveduntil 1 January 1987. However, an Administration may make more stringentrequirements 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 prescribingor approving an examination scheme and until such time as the arrangements havebeen made the owner may use the procedure prescribed or approved by theAdministration of a Contracting Party which is prepared to act as 'theContracting Party concerned'. The owner shall comply with the conditions forthe 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 SafetyApproval Plate shall be accomplished not later than 1 January 1985.'' Insert anew Regulation 10 reading:

''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 notapproved at the time of manufacture presents the following information to anAdministration:

(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 complywith 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, suchapproval shall be notified to the owner in writing, and this notification shallentitle the owner to affix the Safety Approval Plate after an examination ofthe container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety ApprovalPlate shall be accomplished not later than 1 January 1985.''

----------

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 6

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 ofthe liability of owners of sea-going ships, done at Brussels on 10th October1957,

HAVE AGREED as follows:

Article I

For the purpose of this Protocol, << Convention >> means the InternationalConvention relating to the limitation of the liability of owners of sea-goingships 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 underArticle 1 shall be:

(a)

where the occurrence has only given rise to property claims anaggregate 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 anaggregate 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 andproperty claims an aggregate amount of 206.67 units of account for each ton ofthe ship's tonnage, of which a first portion amounting to 140 units of accountfor each ton of the ship's tonnage shall be exclusively appropriated to thepayment of personal claims and of which a second portion amounting to 66.67units of account for each ton of the ship's tonnage shall be appropriated tothe payment of property claims. Provided however that in cases where the firstportion is insufficient to pay the personal claims in full, the unpaid balanceof such claims shall rank rateably with the property claims for payment againstthe second portion of the fund. >>

(2)

Article 3, paragraph (6) of the Convention is replaced by thefollowing:

<< (6) The unit of account mentioned in paragraph (1) of this Article isthe Special Drawing Right as defined by the International Monetary Fund. Theamounts mentioned in that paragraph shall be converted into the nationalcurrency of the State in which limitation is sought on the basis of the valueof that currencyon 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 isequivalent to such payment. The value of the national currency, in terms of theSpecial Drawing Right, of a State which is a member of the InternationalMonetary Fund, shall be calculated in accordance with the method of valuationapplied by the International Monetary Fund in effect at the date in questionfor its operations and transactions. The value of the national currency, interms of the Special Drawing Right, of a State which is not a member of theInternational Monetary Fund, shall be calculated in a manner determined bythat 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 provisionsof paragraph (6) of this Article may, at the time of ratification of the Protocolof 1979 or accession thereto or at any time thereafter, declare that the limitsof liability provided for in this Convention to be applied in its territoryshall be fixed as follows:

(a)

in respect of paragraph (1), (a) of this Article, 1,000 monetaryunits;

(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 and1,000 monetary units, respectively.

The monetary unit referred to in this paragraph corresponds to 65.5milligrammes of gold of millesimal fineness 900'. The conversion of the amountsspecified in this paragraph into the national currency shall be made accordingto the law of the State concerned.

(8)

The calculation mentioned in the last sentence of paragraph (6) ofthis Article and the conversion mentioned in paragraph (7) of this Article shall bemade in such a manner as to express in the national currency of the State asfar as possible the same real value for the amounts in paragraph (1) of thisArticle as is expressed there in units of account. States shall communicate to thedepositary the manner of calculation pursuant to paragraph (6) of this Articleor the result of the conversion in paragraph (7) of this Article, as the casemay be, when depositing an instrument of ratification of the Protocol of 1979or of accession thereto or when availing themselves of the option provided for inparagraph (7) of this Article and whenever there is a change in either.

(3)

Article 3, paragraph (7) of the Convention shall be renumbered Article3, paragraph (9).

Article III

This Protocol shall be open for signature by the States which have signedthe 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 theConvention shall have the effect of ratification of the Convention.

(3)

The instruments of ratification shall be deposited with the BelgianGovernment.

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 BelgianGovernment.

Article VI

(1)

This Protocol shall come into force three months after the date of the deposit of six instruments of ratification or accession.

(2)

For each State which ratifies this Protocol or accedes thereto after the sixth deposit, this Protocol shall come into force three months after thedeposit of its instrument of ratification or accession.

Article VII

(1)

Any Contracting Party may denounce this Protocol by notification to theBelgian Government.

(2)

The denunciation shall take effect one year after the date on which thenotification has been received by the Belgian Government.

Article VIII

(1)

Each State may at the time of signature, ratification or accession or atany time thereafter declare by written notification to the Belgian Governmentwhich among the territories for whose international relations it isresponsible, are those to which the present Protocol applies. The Protocolshall three months after the date of the receipt of such notification by the

Belgian Governmentextend to the territories named therein, but not before the date of the cominginto 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 theBelgian Government that the Protocol shall cease to extend to suchterritories. This denunciation shall take effect one year after the date on whichnotification thereof has been received by the Belgian Government.

Article IX

The Belgian Government shall notify the signatory and acceding States ofthe following:

1. The signatures, ratifications and accessions received in accordance withArticles III, IV and V.
2. The date on which the present Protocol will come into force in accordancewith Article VI.
3. The notifications with regard to the territorial application inaccordance 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 Frenchlanguages, both texts being equally authentic, in a single copy, which shallremain deposited in the archives of the Belgian Government, which shall issuecertified copies.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 7

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'' (whereveroccurring). 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 ofregulations made under paragraph 425 (1) (fb)'' after''section 215''.

Paragraph 405H (1) (a) Insert ''or under the orders made in pursuance of

regulations made under section 405PA'' after ''section405E''.

Sub-section 405L (4) . Add at the end thereof ''and orders made in pursuanceof 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 ''section405E''.

Sub-section 405P (2) . Insert ''or the orders made in pursuance of

regulations made under section 405PA'' after ''section405E''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 8

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''.

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''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 9

SCHEDULE 9 Section 211 FORMAL AMENDMENTS OF THE PETROLEUM (SUBMERGED LANDS) ACT 1967

Provision amended Amendment

Preamble Omit ''29th April, 1958,'', substitute ''29 April1958''.

Omit ''nine-tenths'', substitute ''90%''.

Sub-section 112 (11) . Omit ''twenty-eight'', substitute ''28''.

Sub-section 113 (2) . Omit ''the last preceding sub-section'', substitute

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) . Omit ''the last preceding section'', substitute''section 115''.

Sub-section 116 (3) . Omit ''the last preceding sub-section'', substitute''sub-section (2)''.

Sub-section 118 (2) . Omit ''the last preceding sub-section'', substitute''sub-section (1)''.

Sub-section 118 (4) . Omit ''the last two preceding sub-sections'',substitute ''sub-sections (2) and (3)''.

Paragraph 118 (4) (a) Omit ''five'', substitute ''5''.

Paragraph 118 (4) (b) Omit ''twelve'', substitute ''12''.

Paragraph 118 (4) (c) Omit ''six'', substitute ''6''.

Sub-paragraph118 (4) (c) (iii) Omit ''sub-section (2) of section 23, or undersub-section (4) of section 47'', substitute''sub-section 23 (2) or under sub-section 47 (4)''.

(definition of''pipeline licence'') Omit ''the next succeeding sub-section'', substitute''sub-section (2)''.

Paragraph 148 (3) (a) (a) Omit ''paragraphs (a) and (b) of sub-section (1)of section 41'', substitute ''paragraphs 41 (1) (a)and (b)''.

Paragraph 148 (6) (c) Omit ''the last preceding sub-section'', substitute''sub-section (5)''.

Sub-section 149 (2) . Omit ''paragraph (a) of the last precedingsub-section'', substitute ''paragraph (1) (a)''.

Sub-section 156 (2) . Omit ''the last preceding sub-section'', substitute''sub-section (1)''.

Sub-section 157 (2) . Omit ''the last preceding sub-section'', substitute''sub-section (1)''.

Sub-section 157 (4) . Omit ''the last preceding sub-section'', substitute''sub-section (3)''.

STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT (No. 2) 1982 No. 80, 1982 - SCHEDULE 10

SCHEDULE 10 Section 212

AMENDMENT OF SCHEDULE 2 TO THE PETROLEUM (SUBMERGED LANDS) ACT 1967

Schedule 2 to the Principal Act is amended by omitting the description of thearea specified in that Schedule as being the area that includes the adjacentarea in respect of Queensland and substituting the following description:

''The area the boundary of which commences at the point that is theintersection of the coastline at mean low water by the boundary between theNorthern Territory of Australia and the State of Queensland and runs-

(1)

thence north-easterly along the geodesic to the point ofLatitude 15 degrees 55' South, Longitude 138 degrees 30' East;

(2)

thence north along the meridian of Longitude 138 degrees 30'East to its intersection by the parallel of Latitude 14 degrees 30' South;

(3)

thence east along that parallel to its intersection by the meridian ofLongitude 139 degrees 15' East;

(4)

thence north along that meridian to its intersection by the parallel ofLatitude 11 degrees South;

(5)

thence north-westerly along the geodesic to the point ofLatitude 10 degrees 51' South, Longitude 139 degrees 12'30" East;

(6)

thence north-westerly along the geodesic to the point ofLatitude 10 degrees 50' South, Longitude 139 degrees 12' East;

(7)

thence north-easterly along the rhumb line to the point of ' Latitude 10degrees 24South, Longitude 139 degrees 46' East;

(8)

thence north-easterly along the rhumb line to the point ofLatitude 9 degrees 52' South, Longitude 140 degrees 29' East;

(9)

thence south-easterly along the geodesic to the point of " Latitude 9 degrees52'30 South, Longitude 140 degrees 30'30" East;

(10)

thence north-easterly along the geodesic to the point of

Latitude 9 degrees 38' South, Longitude 141 degrees 00' East;

(11)

thence north-easterly along the geodesic to the point ofLatitude 9 degrees 31'30" South, Longitude 141 degrees 28'52" East;

(12)

thence along the line formed by a series of arcs of circles having aradius of three international nautical miles and drawn successively from thefollowing points:

Latitude Longitude(South) (East)

(i)

9 degrees 32'07" 141 degrees 31'50"

(ii)

9 degrees 32'02" 141 degrees 31'54"

(iii) 9 degrees 31'56" 141 degrees 31'58"

(iv)

9 degrees 31'51" 141 degrees 32'02"

(v)

9 degrees 31'29" 141 degrees 32'17"

(vi)

9 degrees 31'27" 141 degrees 32'19"

(vii) 9 degrees 31'24" 141 degrees 32'21"

(viii) 9 degrees 30'40" 141 degrees 33'32"

(ix)

9 degrees 30'08" 141 degrees 34'01"

(x)

9 degrees 30'01" 141 degrees 34'05"

(xi)

9 degrees 29'57" 141 degrees 34'08"