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

Commencement

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

4. Section 10 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Certain transfers and dealings void

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

14. Section 42 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(bb) in clean bills of exchange;”;

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

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

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

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

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

“(4) In this section—

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

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

(a) has been accepted by a trading bank;

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

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

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

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

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

Deputies of members

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

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

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

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

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

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

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

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

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

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

Deputies of members

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

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

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

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

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

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

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

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

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

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

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

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

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

30. Section 73 of the Principal Act is amended—

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

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

“(b) was—

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

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

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

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

“ PART II a —BANK MERGERS

Operation of certain State and Territory laws relating to bank mergers

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

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

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

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

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

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

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

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

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

“THIRD SCHEDULE

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

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

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

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

Commercial Bank of Australia Limited Merger Act 1982 of Queensland

Commercial Banking Company of Sydney Limited Merger Act 1982 of Queensland

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

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

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

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

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

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

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

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

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

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

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

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”.

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

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

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

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

Constitution of Committee

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

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

43. Section 100 of the Principal Act is amended—

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

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

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

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

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

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

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”.

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

52. Section 5 of the Principal Act is amended—

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

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

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

53. Section 509 of the Principal Act is amended—

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

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

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

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

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

he is guilty of an offence.

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

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

“(5) In this section—

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

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

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

54. Section 517 of the Principal Act is amended—

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

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

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

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

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

he is guilty of an offence.

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

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

“(5) In this section—

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

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

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

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

Operation of certain Ordinances

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

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

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

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

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

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

‘Division 11—Registration of Transfers of Marketable Securities by Companies

Transfer of marketable securities not to be registered unless duly stamped

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

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

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

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

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

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

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

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

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

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

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

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

(a) an authorized person;

(b) the person who entered into the recognizance;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

67. Section 5 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Separate accounts to be kept

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

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

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

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

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

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

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

78. The Principal Act is repealed.

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

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

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

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

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

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

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

“(2) Where—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

88. Section 23 of the Principal Act is amended—

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

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

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

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

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

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

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

Call-up of moneys on discovery of false statement

“32a. (1) Where—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Australian Egg Board

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

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

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

Remuneration, &c.

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

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

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

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

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

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)”.

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

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

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

104. Section 16 of the Principal Act is amended—

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

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

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

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

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

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

Date from which orders take effect

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

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

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

108. The Principal Act is repealed.

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

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

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

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

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

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

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

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%”.

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%”.

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

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

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”.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

References to Director-General include references to Secretary

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

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

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

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

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

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

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

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

References to Director-General include references to Secretary

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

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

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

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

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

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

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

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

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

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

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

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

Review of decisions

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

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

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

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

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

151. Section 34 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

Effect of late application

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

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

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

Authorized persons

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

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

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

155. Section 9 of the Principal Act is amended—

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

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

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

Access to premises

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

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

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

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

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

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

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

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

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

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

Review of decisions

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

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

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

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

158. Section 3 of the Principal Act is amended—

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

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

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

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

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

159. Section 5 of the Principal Act is amended—

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

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

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

Access to premises

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

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

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

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

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

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

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

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

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

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

“(8) In this section—

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

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

(b) the hatching of chickens; and

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

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

Review of decisions

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

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

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

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

163. Section 3 of the Principal Act is amended—

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

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

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

164. Section 6 of the Principal Act is amended—

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

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

“(b) the Secretary;”; and

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

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

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

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

167. Section 6 of the Principal Act is amended—

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

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

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

“‘Commonwealth ship’ means a ship—

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

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

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

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

“‘consul’ includes—

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

(b) minister;

(c) chargé d’affairs; and

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

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

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

168. Section 175 of the Principal Act is repealed.

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

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

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

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

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

Approved survey authority

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

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

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

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

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

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

Definition of dangerous goods

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

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

174. Section 256 of the Principal Act is repealed.

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

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

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

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

Certain provisions of Part not applicable to certain wrecks

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

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

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

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

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

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

(a) saving human life;

(b) securing the safe navigation of ships; or

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

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

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

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

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

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

Tonnage measurement regulations

183. Section 425 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

191. The Principal Act is repealed.

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

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

194. Section 33 of the Principal Act is amended—

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

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

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

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

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

(b) that—

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

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

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

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

Extension of Act to adjacent areas

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

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

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

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

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

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

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

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

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

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

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

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

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

Commission may enter into consultancy agreement

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

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

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

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

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

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

202. Section 3 of the Principal Act is amended—

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

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

and

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

203. Section 17 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Delegation

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

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

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

206. Section 20 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

Separate accounts to be kept

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

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

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

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

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

Constitution of Committee

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

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

Constitution of Committee

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

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

Extension of Act to adjacent areas

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

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

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

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

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

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

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

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

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

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

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

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

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

227. Section 8 of the Principal Act is amended—

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

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

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

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

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

Access to premises

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

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

(a) hens kept for commercial purposes; or

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

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

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

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

(i) hens kept for commercial purposes; or

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

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

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

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

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

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

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

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

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

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

Review of decisions

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

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

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

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

230. Section 9 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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”.

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

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

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

239. Part IV of the Principal Act is repealed.

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

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

“‘operational area’ means—

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

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

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

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

242. Section 150 of the Principal Act is amended—

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

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

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

243. Section 151 of the Principal Act is amended—

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

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

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

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

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

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 Acts Interpretation Act 1901, a regulation”; andsection 48 of the

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

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

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

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

Northern Territory Committee

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

(a) a Chairman; and

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

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

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

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

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

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

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

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

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

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

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

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”.

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

257. Section 12 of the Principal Act is amended—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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”.

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

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

Extension of Act to adjacent areas

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repeal of section 14

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

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

Applications for review

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

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

by or on behalf of the person or persons whose interests are affected by the relevant decision.

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

“(4) In this section, ‘relevant decision’ means—

(a) a refusal by the Director-General to grant an application made under paragraph 23d (2) (b);

(b) a revocation by the Director-General pursuant to sub-section 23d (5) of a notice under paragraph 23d (2) (b);

(c) a refusal by the Director-General to grant an application made under paragraph 23e (5) (a), (7) (a) or (7) (b);

(d) a refusal by the Director-General to grant an application made under sub-section 23e (8); and

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

278. The Trade Practices Act 1974⁷⁵ is in this Part referred to as the Principal Act.

279. Section 34 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Where—

(a) the President is, or is expected to be, absent from duty; or

(b) there is, or is expected to be, a vacancy in the office of President,

the Attorney-General may appoint a Deputy President or an acting Deputy President to act as President during the absence, or while there is a vacancy in the office of President, as the case may be.”.