Compilation #0 | Effective 1984-04-10
FRBR Work URI: /akn/au/act/1984/10
1. This Act may be cited as the Australian Government Solicitor (Consequential Amendments) Act 1984.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 7 of the Judiciary Amendment Act (No. 2) 1984 comes into operation.
(2) If sub-section 8 (1) of the Director of Public Prosecutions (Consequential Amendments) Act 1983 does not come into operation before the commencement of section 7 of the Judiciary Amendment Act (No. 2) 1984, the amendment of the Crimes Act 1914 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of that sub-section.
3. The Acts specified in the Schedule are amended as set out in that Schedule.
Application of certain amendments
4. (1) Where—
(a) this Act amends a provision of an Act; and
(b) immediately before the commencement of this section, the Crown Solicitor—
(i) was empowered or required to lodge, under the provision as in force immediately before that commencement, a certificate or notice relating to a matter, or a certified copy of a document; and
(ii) had not so lodged a certificate or notice relating to the matter, or a certified copy of the document,
the provision, as amended by this Act, applies after that commencement in relation to the matter, or in relation to the document, as the case may be, and so applies, in a case where, immediately before that commencement, a certificate or notice relating to the matter had been prepared, or a copy of the document had been certified, under the provision as in force immediately before that commencement, as if the certificate or notice had been prepared, or the copy of the document had been certified, under the provision as amended by this Act.
Where, at the commencement of this section—
(a) a bankruptcy notice under the Bankruptcy Act 1966 has been served on a debtor by the Commonwealth; and
(b) the debtor has not made sufficient compliance with the notice for the purposes of that Act,
sub-section 42 (1) of that Act, as amended by this Act, applies in relation to the notice after that commencement.
(3) Where, at the time (in this sub-section referred to as the “relevant time”) when the amendment of the Crimes Act 1914 made by this Act comes into operation—
(a) an application has been made as mentioned in sub-section 20aa (6) of that Act, being that sub-section as in force at any time before the relevant time; and
(b) notice in relation to the application has been served neither on the Director of Public Prosecutions nor on the Deputy Crown Solicitor in the State or Territory in which the application was made,
that sub-section, as amended by this Act, applies after the relevant time in relation to the application.
Where, at the commencement of this section—
(a) an amount of compensation to which a person is entitled under Lands Acquisition Act 1955 has been determined; andsection 11 of the
(b) the person has, in relation to the compensation, complied with—
(i) none of the paragraphs of sub-section 32 (1) of that Act, being that sub-section as in force immediately before that commencement;
(ii) in a case where paragraph (a) of that sub-section as so in force applied immediately before that commencement—one or more, but not all, of the paragraphs of that sub-section as so in force; or
(iii) in a case where paragraph (a) of that sub-section as so in force did not apply immediately before that commencement—either, but not both, of paragraphs (b) and (c) of that sub-section as so in force,
sub-Judiciary Act 1903.section 32 (1) of that Act as so in force applies after that commencement in relation to the person in relation to the compensation and so applies, in a case where sub-paragraph (b) (ii) or (iii) of this sub-section applies, as if a reference to the Crown Solicitor in the paragraph, or in each paragraph, of sub-section 32 (1) of that Act as so in force with which the person has not complied at that commencement were a reference to the Secretary to the Attorney-General’s Department or to a person authorized under sub-section 55e (4) of the
(5) Where, at the commencement of this section, an amount of compensation has been deposited in the Treasury under sub-Lands Acquisition Act 1955 and has not been paid to a person under section 34 of that Act, being that section as in force at any time before that commencement, that section, as amended by this Act, applies after that commencement in relation to the amount.section 33 (1) of the
(6) Section 58 of the Lands Acquisition Act 1955, being that section as amended by this Act, applies after the commencement of this section in relation to land acquired under that Act by compulsory process, whether the land was so acquired before or after that commencement.
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SCHEDULE
Section 3
AMENDMENT OF ACTS
SCHEDULE—continued
SCHEDULE—continued