STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - LONG TITLE
An Act to make various amendments of the statute law of the Commonwealth, and for related purposes
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 1 Short title
(Assented to 5 June 1985)
1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985.
(Minister's second reading speech made in- House of Representatives on 9 May 1985; Senate on 22 May 1985)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 2 Commencement
2. (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.
after the commencement of section 38 of that first-mentioned Act.
(7) The amendment of the Australian Tourist Commission Act 1967
made by this Act shall come into operation on a day to be fixed by Proclamation.
made by this Act shall be deemed to have come into operation on 19 February 1985.
shall come into operation on a day to be fixed by Proclamation.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 3 Amendments of Acts
3. The Acts specified in Schedule 1 are amended as set out in that Schedule.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 4 Repeal
4. The Acts specified in Schedule 2 are repealed.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 5 Operation of Australian Citizenship Act 1948
commencement of this section.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 7 Operation of amendments of Defence Force Discipline Act 1982
7. (1) Sub-section 154 (1) of the Defence Force Discipline Act 1982
as amended by this Act applies in relation to a review commenced after the commencement of this section.
(2) An appointment of a legal officer in force under sub-section 154 (1) of the Defence Force Discipline Act 1982 immediately before the commencement of this section has effect, after that commencement, as if it had been made under that sub-section of that Act as amended by this Act.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 8 Operation of Federal Court of Australia Act 1976
8. (1) Subject to sub-section (2), the amendment of the Federal Court of Australia Act 1976 made by this Act applies to judgments given or pronounced before or after the commencement of that amendment.
"(4) Nothing in sub-section (3) shall be taken to prevent a Judge of the Supreme Court of the Northern Territory from stating a case, or reserving or referring a question concerning a matter referred to in sub-section (1), to the Full Court of that Court.
"(5) In sub-section (4), 'Judge' has the same meaning as in the Supreme Court Act 1979 of the Northern Territory.".
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 9 Operation of amendment of Health Insurance Act 1973
(2) A person who held office as the Chairman or as the Deputy Chairman of the Law Reform Commission immediately before the commencement of this section shall, subject to the Law Reform Commission Act 1973, continue to hold office after that commencement as the President or as the Deputy President, as the case may be, of the Law Reform Commission.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 12 Operation of certain amendments of Management and Investment Companies Act 1983
12. (1) Notwithstanding the amendments of the Principal Act made by this Act, section 21 of the Principal Act continues to apply to a licence granted under that section before the commencement of this section as if those amendments had not been made.
(2) In sub-section (1), "Principal Act" means the Management and Investment Companies Act 1983 as amended and in force immediately before the commencement of this section.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 13 Operation of National Gallery Act 1975
13. (1) A delegation in force under section 22 of the Principal Act or regulation 17 of the National Gallery Regulations immediately before the commencement of this section has effect, after that commencement, as if it had been made under section 22 of the Principal Act as amended by this Act.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 14 Operation of amendment of Patents Act 1952
14. Notwithstanding the amendment of sub-section 133 (3) of the Patents Act 1952 made by this Act, that sub-section as in force immediately before the commencement of that amendment continues to apply, after that commencement, to a person who-
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SECT 15 Operation of amendment of Sales Tax (Exemptions and Classifications) Act 1935
that commencement, as if it were an exemption granted under sub-section 44 (1) of that Act as amended by this Act. ----------------
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SCHEDULE 1
SCHEDULE 1 Section 3 AMENDMENTS OF ACTS Aboriginal Development Commission Act 1980 Section 48-Repeal the section.
Aboriginal Land Rights (Northern Territory) Act 1976 Section 39-Repeal the section.
Administrative Appeals Tribunal Act 1975 Sub-section 16 (2)- Insert "or in respect of" after "does not apply to".
Sub-section 16 (4)- Omit "sub-section 80 (1) of".
Paragraph 49 (1) (c)- Omit "Chairman", substitute "Presedent".
Administrative Decisions (Judicial Review) Act 1977
Schedule 1, paragraph (o)- Omit all the words after "Defence Force Discipline Act 1982".
Airports (Surface Traffic) Act 1960
Sub-section 3 (1) (paragraph (b) of the definition of "authorized person")- Omit the paragraph, substitute the following paragraph: "(b) a member or special member of the Australian Federal Police or a member
of the police force of a State or Territory;".
After the definition of "authorized person" in sub-section 3 (1)- Insert the following definition: " 'owner', in relation to a vehicle-
Sub-section 3 (1) (definition of "parking infringement")- Omit "(a) or (b) of sub-section (1) of section 8", substitute "8 (1) (a) or
(b)".
After the definition of "road" in sub-section 3 (1)- Insert the following definition: " 'Secretary' means the Secretary to the Department;".
Sub-section 3 (1) (definitions of "the owner" and "the Secretary")- Omit the definitions.
Sub-section 6 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 6 (3)- Omit "the last preceding sub-section", substitute "sub-section (2)".
Sub-section 8 (2)- Omit "(5) of section 6", substitute "6 (5)".
Sub-section 8 (3)- Omit "(b) of sub-section (1)", substitute "(1) (b)".
Sub-section 8 (4)- Omit "(b) of sub-section (1)", substitute "(1) (b)".
Sub-section 8 (5)- Omit "(a) of sub-section (1)", substitute "(1) (a)".
Sub-section 9 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Paragraph 9A (a)- Omit "(3) of section 9", substitute "9 (3)".
Sub-section 11 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 12 (1)- Insert "or in a specified business name" after "specified person".
Sub-section 12 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 14 (2)-
Sub-section 16 (2)-
Sub-section 17 (1B)- Omit "(b) of sub-section (1A)", substitute "(1A) (b)".
Sub-section 22 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Albury-Wodonga Development Act 1973 Section 23-Repeal the section.
Anglo-Australian Telescope Agreement Act 1970 Section 17-Repeal the section.
Antarctic Treaty (Environment Protection) Act 1980 Preamble-
Add at the end the following paragraphs:
"AND WHEREAS Australia is a Party to the Convention for the Conservation of Antarctic Seals:
"AND WHEREAS it is desirable to make provision for giving effect to that Convention:".
Sub-section 3 (1) (definition of "animal")-
Omit the definition, substitute the following definition:
" 'animal' includes a native mammal, a native bird and a seal (whether indigenous to the Antarctic or not);".
Sub-section 3 (1) (definition of "native mammal")- Insert "and seals" after "whales".
After the definition of "property" in sub-section 3 (1)- Insert the following definition: " 'Seals Convention' means the Convention for the Conservation of Antarctic
Seals (a copy of the English text of which is set out in the Schedule);".
Sub-section 7 (1)- Insert "but subject to the regulations," after "law,".
Sub-section 19 (2)- Omit "or seals" (wherever occurring).
Paragraphs 19 (3) (b), (c) and (d)- Omit "that".
Sub-section 19 (4) (definition of "concentration")- Omit the definition, substitute the following definition: " 'concentration', in relation to birds, means a group of more than 20
birds;".
Sub-section 29 (1)- Omit the sub-section, substitute the following sub-section: "(1) The Governor-General may make regulations-
After paragraph 29 (2) (b)- Insert the following paragraph: "(ba) prohibiting the killing, taking, injuring or other interference with a
seal that is indigenous to the Antarctic;".
Sub-section 29 (5)- Omit the sub-section, substitute the following sub-section: "(5) The regulations may prescribe penalties for offences against the
regulations not exceeding-
After section 29- Insert the Schedule set out in Schedule 4 to this Act.
Atomic Energy Act 1953 Sections 11 and 22-Repeal the sections.
Audit Act 1901 Sub-section 6 (1)- Omit the sub-section.
Sub-sections 34A (2) and 70C (4)-
Insert "Local Government and" before "Administrative Services".
Australia Council Act 1975 Section 42-Repeal the section.
Australian Bicentennial Authority Act 1980 Section 20-Repeal the section.
Australian Broadcasting Corporation Act 1983 Sub-section 71 (2)- Omit the sub-section.
Section 72-
Add at the end the following sub-section:
"(2) For the purposes of the application to the Corporation of Division 3 of Part XI of the Audit Act 1901 by virtue of sub-section (1), a reference in that Division to the appropriate Minister is a reference to the Minister of State administering this Act.".
Sub-section 83 (6)-
Australian Bureau of Statistics Act 1975 Section 13-Repeal the section.
Australian Capital Territory Electricity Supply Act 1962 Sub-sections 6 (4) and (9) and 10 (4)-
Omit "of the Capital Territory".
Section 21-Repeal the section.
Australian Capital Territory Supreme Court Act 1933 Heading to Schedules- Omit the heading.
Australian Citizenship Act 1948
Paragraphs 15 (1) (a) and (b)- Omit the paragraphs, substitute the following paragraphs: "(a) in the case of a person-
on and after the day on which the certificate is granted or on which the person takes such an oath or makes such an affirmation, whichever last occurs; or
Sub-sections 15 (2) and (3)- Omit the sub-sections, substitute the following sub-sections: "(2) The oath or affirmation of allegiance shall-
(iii) a Judge or Magistrate holding office under a law of a State or Territory, being a Judge or Magistrate who is an Australian citizen;
"(3) A person who has been granted a certificate of Australian citizenship under sub-section 13 (9) by virtue of being the spouse of a person referred to in sub-paragraph 13 (9) (d) (ii) shall not take the oath of allegiance, or make the affirmation of allegiance, before the last-mentioned person has taken such an oath or made such an affirmation.".
After sub-section 15 (4)-
Insert the following sub-section:
"(4A) The validity of an acquisition of Australian citizenship is not affected by reason only that the oath of allegiance was not taken, or the affirmation of allegiance was not made, before an Australian citizen.".
Australian Citizenship Amendment Act 1984 The Schedule- Omit "Paragraph 24 (3) (c)" from the column headed "Provision amended", substitute "Paragraph 25 (3) (c)".
Australian Film and Television School Act 1973 Section 45-Repeal the section.
Australian Film Commission Act 1975 Section 27-Repeal the section.
Australian Industry Development Corporation Act 1970 Paragraphs 11 (1) (c) and (5) (a)- Omit "Industry and Commerce", substitute "Industry, Technology and Commerce".
Section 21A-
Omit "Industry and Commerce" (wherever occurring), substitute "Industry, Technology and Commerce".
Australian Institute of Aboriginal Studies Act 1964 Sub-section 21 (5)- Omit the sub-section.
Australian Institute of Marine Science Act 1972 Section 30- Repeal the section, substitute the following section: Acting Director "30. (1) The Minister may appoint a person who has not attained the age of 65 years to act in the office of Director-
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
"(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(3) Where a person is acting in the office of Director in accordance with paragraph (1) (b) and the office becomes vacant while the person is so acting, then, subject to sub-section (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.
"(4) The Minister may-
"(5) An appointment of a person under sub-section (1) ceases to have effect if the person attains the age of 65 years or resigns the appointment by writing signed by the person and delivered to the Minister.
"(6) While a person is acting in the office of Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director.
"(7) The validity of anything done by or in relation to a person purporting to act in the office of Director shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.".
Paragraph 33 (2) (a)-
Omit the paragraph, substitute the following paragraph:
"(a) the person is an Australian citizen;".
Section 47-Repeal the section.
Australian Meat and Live-stock Industry Selection Committee Act 19 Sub-section 21 (1)- Omit "majority", substitute "number".
Australian National Airlines Act 1945 Section 18A- Repeal the section.
Australian National Railways Commission Act 1983 Sub-section 79 (4)-
Australian National University Act 1946 Section 34-Repeal the section.
Australian Overseas Projects Corporation Act 1978 Sections 30 and 32-Repeal the sections.
Australian Science and Technology Council Act 1979 Section 23-Repeal the section.
Australian Security Intelligence Organization Act 1979 Section 16-Repeal the section.
Sub-section 60 (2)-
Omit the sub-section, substitute the following sub-section:
"(2) Subject to this section, the Tribunal shall cause copies of its findings to be given to the applicant, the Director-General, the Commonwealth agency to which the assessment was furnished and the Attorney-General.".
Section 88-Repeal the section.
Australian Shipping Commission Act 1956 Sub-section 47 (4)- Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Australian Tourist Commission Act 1967 Section 25- Omit "Division 3", substitute "Division 2".
Australian War Memorial Act 1980 Section 38-Repeal the section.
Australian Wine and Brandy Corporation Act 1980 Section 31-Repeal the section.
Bank Account Debits Tax Administration Act 1982 Sub-section 32 (2)- Omit "tax" (first occurring), substitute " 'tax' ".
Bass Strait Freight Adjustment Levy Collection Act 1984 Section 6-
"; and (d) a reference in section 160B to the Minister were a reference to the Minister administering the Bass Strait Freight Adjustment Levy Act 1984.".
Biological Control Act 1984 Sub-section 2 (1) (definitions of "agent recommendation" and "agent organisms")-
Reverse the order of the definitions.
Sub-section 2 (1) (definitions of "target recommendation" and "target organisms")-
Reverse the order of the definitions.
Sub-section 20 (2)- Omit "sub-section (1)", substitute "sub-section 4 (1)".
Sub-section 26 (4)-Add at the end "or kinds".
Sub-section 39 (1)- Omit "he", substitute "a Commissioner".
Bounty (Berry Fruits) Act 1982 Sub-section 16 (2)- Omit "of Industry and Commerce".
Bounty (Computers) Act 1984 Sub-section 5 (6)- Omit "a reference", substitute "references".
Paragraph 6 (5) (b)- Insert "or (6)" after "sub-section 21 (4)".
Sub-sections 17 (1) and (3)- Omit "during" (wherever occurring), substitute "in respect of".
Bounty (Electric Motors) Act 1984 Section 6- Omit all the words after "service" (first occurring), substitute the following: "provided, in relation to the motor by-
not being a process or service consisting of design, research or development carried out in Australia by or on behalf of the manufacturer".
Sub-section 19 (1)-
Sub-section 19 (3)- Omit "during" (wherever occurring), substitute "in respect of".
Bounty (Paper) Act 1979 Sub-section 3 (1) (paragraph (e) of the definition of "bountiable uncoated paper")-
Omit "the one-minute Cobb method", substitute "the APPITA P411S-80 test as in force from time to time".
Canberra College of Advanced Education Act 1967 Sub-section 20 (2)- Omit the sub-section.
Canned Fruits Levy Act 1979 Paragraphs 5 (2) (a) and (b)- Omit "his", substitute "the person's".
Paragraph 5 (2) (c)-
Sub-section 5 (2)- Omit "he" (wherever occurring), substitute "the authorized person".
Section 9- Omit "him", substitute "the Minister".
Canned Fruits Levy Collection Act 1979 Sub-sections 5 (1) and (2)- Omit "him", substitute "the person".
Sub-section 5 (4)- Omit "he" (wherever occurring), substitute "the person".
Sub-sections 8 (3) and (5)- Omit "he", substitute "the authorized person".
Section 9- Omit "him", substitute "the Minister".
Section 10- Omit "him", substitute "the authorized person".
Sub-section 11 (1)- Omit "he", substitute "the person".
Sub-section 11 (2)-
Canned Fruits Marketing Act 1979 Sub-section 15 (1)- Omit "him", substitute "the canner".
Sub-section 19 (3)- Omit "him", substitute "the person".
Paragraph 27 (2) (b)- Omit "his", substitute "the member's".
Sub-section 29 (9)- Omit "member", substitute "person".
Section 33-Repeal the section.
Sub-section 40 (4)- Omit "he", substitute "the Chairperson".
Sub-section 50 (1)- Omit "he", substitute "the person".
Section 52- Omit "his" (wherever occurring), substitute "the person's".
Sub-section 53 (5)- Omit "he", substitute "the authorized person".
Section 58-
Repeal the section. Section 68-
Section 69-Repeal the section.
Canned Fruits Marketing Amendment Act 1984 Schedule 2- Omit "him" from the amendment of sub-section 13 (3) set out in the column headed "Omit-", substitute "him (wherever occurring)".
Christmas Island Act 1958 Section 15-Repeal the section.
Section 16- Omit "sections 15 and 15A", substitute "section 15A".
Sub-section 17 (2)- Omit the sub-section.
Cocos (Keeling) Islands Act 1955 Sub-section 6 (3)- Omit "The preceding provisions of this section", substitute "Sub-sections
(1) and (2)".
Section 14-Repeal the section.
Section 15- Omit "sections 14 and 14A", substitute "section 14A".
Sub-section 15A (1)-
Omit "Public Service Act 1922-1958", substitute "Public Service Act 1922".
Sub-section 15A (2)- Omit the sub-section.
Sub-section 15A (3)-
Omit "Public Service Act 1922-1958", substitute "Public Service Act 1922".
Section 16-
Repeal the section, substitute the following section: Sittings of courts, &c.
"16. (1) Provision may be made by Ordinance for and in relation to-
holds an office in relation to a Territory court-the exercise of the power, or the performance of the duty, at places in Australia outside the Territory.
"(2) A reference in sub-section (1) to a Territory court is a reference to a court having jurisdiction in the Territory.".
Cocos (Keeling) Islands Self-Determination (Consequential Amendments) Act 1984 Section 10- Omit " '16A' ", substitute " '16B' ".
Commonwealth Employees (Redeployment and Retirement) Act 1979 Sub-paragraph 29 (1) (d) (iii)-
Omit the sub-paragraph, substitute the following paragraph:
"(iii) persons who are employed under section 42 of the Naval Defence Act 1910;".
Commonwealth Grants Commission Act 1973 Sub-section 8 (7)- Omit the sub-section.
Commonwealth Schools Commission Act 1973 Section 11-Repeal the section.
Commonwealth Serum Laboratories Act 1961 Sub-section 26 (4)- Omit the sub-section.
Commonwealth Tertiary Education Commission Act 1977 Section 17-Repeal the section.
Conciliation and Arbitration Act 1904 Sub-section 133AB (2)- Omit "organisation", substitute "organization".
Sub-section 158AHA (6) (definition of "relevant branch")-
Add at the end "not being, in relation to a particular financial year, a part of the organization in relation to which a certificate has been issued under sub-section 158AN (1) in relation to that year".
After section 158AM-
Insert the following section in Part VIIIAA: Accounts and audit where income of organization less than specified amount
"158AN. (1) If, upon the application of an organization made after the end of
a financial year, the Registrar is satisfied that the income of the organization for that year did not exceed $10,000 or, in the case of a financial year that, in pursuance of sub-section 158AA (2), is a period other than 12 months, did not exceed such amount as the Registrar considers appropriate in the circumstances, the Registrar shall issue to the organization a certificate to that effect, and, where such a certificate is issued in respect of an organization in relation to a financial year-
"(3) As soon as practicable after the issue of the certificate under sub-section (1), the organization shall cause to be prepared from the accounting records kept by the organization in accordance with sub-section 158AC (1), in respect of the financial year, such accounts and other statements in respect of the financial year as are prescribed, and shall include in the accounts so prepared the relevant figures from the accounts prepared by the organization, in accordance with this sub-section or sub-section 158AD (1), whichever is applicable, in respect of the preceding financial year.
Penalty: $1,000.
"(4) The regulations may make provision for and in relation to the giving of certificates in, or in relation to, accounts or other statements prepared in accordance with sub-section (3).
"(5) After the making to the organization of the report of the auditor under section 158AF with respect to the auditor's inspection and audit of the accounting records kept by the organization in respect of the financial year and before the end of the financial year immediately following that financial year, the organization shall cause a copy of that report, together with copies of the accounts and statements prepared in accordance with sub-section (3) to which that report relates, to be presented to a meeting of the members of the organization.
"(6) An organization shall supply free of charge a copy of the report, accounts and statements referred to in sub-section (5) to any member of the organization who so requests.
"(7) An organization that has not supplied the report, accounts and statements referred to in sub-section (5) to a member of the organization within 14 days after the receipt by the organization of a request by the member made in pursuance of sub-section (6) (in this sub-section referred to as the 'relevant period') is guilty of an offence against that sub-section punishable, upon conviction, by a fine not exceeding $500 plus $50 for each completed week of the period commencing on the expiration of the relevant period and ending on-
"(8) The organization shall, within 90 days (or such longer period as the Registrar allows) after the making to the organization of the report under section 158AF, file with the Registrar copies of the report and the accounts and statements referred to in sub-section (5) of this section together with a certificate by the Secretary, or other prescribed officer, of the organization that the information contained in the accounts and statements is correct.".
Conciliation and Arbitration Amendment Act 1984 Paragraph 6 (1) (c)- Omit " 'organisation' ", substitute " 'organization' ".
Consular Privileges and Immunities Act 1972 Sub-section 3 (1) (definition of "Australian citizen")- Omit "Citizenship Act 1948-1969", substitute "Australian Citizenship Act 1948".
After the definition of "Australian citizen" in sub-section 3 (1)- Insert the following definition:
" 'Convention' means the Vienna Convention on Consular Relations, a copy of the English text of which is set out in the Schedule;".
Sub-section 3 (1) (definition of "the Convention")- Omit the definition.
Paragraph 5 (2) (c)- Omit "Police Force", substitute "police force".
Paragraph 5 (2) (d)- Omit "five", substitute "5".
Paragraph 5 (2) (f)- Omit "1963-1966", substitute "1963".
Paragraph 5 (2) (g)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Paragraph 5 (2) (m)- Omit "1967-1972", substitute "1967".
Sub-section 5 (3)- Omit "of this section" (wherever occurring).
Sub-section 5 (4)-
Sub-section 5 (5)- Omit "1903-1969", substitute "1903".
Sub-section 6 (1)- Omit "the last preceding section", substitute "section 5".
Paragraph 6 (1) (a) and sub-paragraph 6 (1) (b) (i)- Omit "1901-1971", substitute "1901".
Paragraph 6 (2) (a)-
Sub-section 7 (1)-
Omit "two", substitute "2". Sub-section 8 (1)-
Omit "1967-1972", substitute "1967". Sub-paragraph 9 (1) (b) (i)-
Sub-paragraph 9 (1) (b) (ii)- Omit "the last preceding sub-paragraph", substitute "sub-paragraph (i)".
Sub-paragraph 9 (1) (b) (iii)- Omit "either of the last two preceding sub-paragraphs", substitute "sub-paragraph (i) or (ii)".
Sub-paragraph 9 (1) (c) (i)- Omit "(i) of the last preceding paragraph", substitute "(b) (i)".
Sub-paragraph 9 (1) (c) (ii)- Omit "the last preceding sub-paragraph", substitute "sub-paragraph (i)".
Sub-paragraph 9 (1) (d) (i)- Omit "(i) of paragraph (b) of this sub-section", substitute "(b) (i)".
Sub-paragraph 9 (1) (d) (ii)- Omit "the last preceding sub-paragraph", substitute "sub-paragraph (i)".
Sub-paragraph 9 (1) (e) (i)- Omit "(i) of paragraph (b) of this sub-section", substitute "(b) (i)".
Sub-section 9 (2)- Omit "(a) of the last preceding sub-section", substitute "(1) (a)".
Paragraph 9 (2) (c)- Omit "the last preceding paragraph", substitute "paragraph (b)".
Paragraph 9 (2) (d)- Omit "either of the last two preceding paragraphs", substitute "paragraph
(b) or (c)".
Paragraph 9 (2) (e)- Omit "or paragraph (c) of this sub-section", substitute "or (c)".
After section 12- Insert the following section: Delegation
"12A. (1) The Minister for Industry, Technology and Commerce may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person all or any of that Minister's 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 Minister for Industry, Technology and Commerce.
"(3) A delegation under this section does not prevent the exercise of a power by the Minister for Industry, Technology and Commerce.".
Heading to Schedule- Omit "THE SCHEDULE", substitute "SCHEDULE".
Copyright Act 1968 Sub-sections 135 (6), (10) and (11)- Omit "Industry and Commerce", substitute "Industry, Technology and Commerce".
Coral Sea Islands Act 1969
Section 3- Omit "to this Act:".
Sub-sections 7 (1), (2) and (3)- Omit "fifteen" (wherever occurring), substitute "15".
Sub-section 7 (4)-
Sub-section 7 (6)- Omit "six", substitute "6".
Crimes (Overseas) Act 1964
After the definition of "Commonwealth officer" in section 3- Insert the following definition: " 'non-citizen' means a person who is not an Australian citizen;".
Section 3 (definition of "person to whom this Act applies")- Omit "British subject", substitute "non-citizen".
Criminology Research Act 1971 Section 24-Repeal the section.
Dairy Produce Act 1924 Section 29A- Repeal the section.
Defence Act 1903 Section 12-Repeal the section.
After paragraph 58B (1) (c)-
Insert the following paragraph:
"(ca) the making of allotments of remuneration by members and the suspension, variation and cancellation of allotments of remuneration made by members;".
Sub-section 58B (3)-
Omit the sub-section, substitute the following sub-section:
"(3) A determination shall not be made providing for or in relation to the forfeiture or assignment of the whole or part of-
Section 116ZA-
Omit "The Governor-General may make arrangements with the Governor of a State or the Administrator of a Territory", substitute "The Minister may make arrangements with a Minister of a State or Territory".
Before section 118-
Insert the following section in Part X: Members and former members may bring actions for money due in respect of service
"117B. A person who is or has been a member of the Defence Force may recover from the Commonwealth, by action in a court of competent jurisdiction, money due to the person by the Commonwealth in respect of the person's service as a member of the Defence Force.".
Sub-section 120A (4)- Omit "48, 48A, 50 and 50B", substitute "46, 48, 48A, 50, 50B and 123A".
Sub-sections 120A (4A) and (4B)- Omit "section 50B", substitute "sections 50B and 123A".
After section 120A-
Insert the following section: Attachment of salaries of members
"120B. (1) Where judgment has been given by a court against a member for the payment of a sum of money, the person in whose favour judgment was given (in this section referred to as the 'judgment creditor') may serve on a paying officer-
"(2) The paying officer shall, as soon as practicable after service of the copy of the judgment and the statutory declaration, by notice in writing given to the member-
"(4) There is payable to the Commonwealth, by the judgment creditor, an administration fee, at the prescribed rate, in respect of each amount deducted pursuant to sub-section (3).
"(5) The paying officer shall, subject to sub-section (6), cause an amount equal to each amount deducted pursuant to sub-section (3) to be paid to the judgment creditor.
"(6) Where an amount is deducted pursuant to sub-section (3) and the whole or part of the administration fee payable in respect of the amount has not been paid by the judgment creditor, the paying officer shall-
"(9) When the judgment has been satisfied, the judgment creditor shall forthwith notify the paying officer accordingly.
Penalty: $500 or imprisonment for 3 months.
"(10) If the amounts deemed, by virtue of paragraphs (7) (c) and (8) (b), to have been paid by the member to the judgment creditor exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the member, and, in default of repayment, may be recovered, by action in a court of competent jurisdiction, as a debt due by the judgment creditor to the member.
"(11) Where, in relation to an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day, an amount is, by virtue of paragraph (7) (c), deemed to have been paid by the member to the judgment creditor and an amount is, by virtue of paragraph (8) (b), deemed to have been paid by the member to the judgment creditor, then, for the purposes of sub-section (10), the last-mentioned amount shall be deemed to have been paid after the second-mentioned amount.
"(12) If the member ceases to be a member before the paying officer is notified that the judgment has been satisfied, the paying officer shall forthwith inform the judgment creditor, in writing, of the fact that the member has ceased to be a member and the date on which the member ceased to be a member.
"(13) If the paying officer is satisfied that the deduction of the amount that the paying officer would, but for this sub-section, be required to deduct from the salary payable to the member on a pay-day would cause severe hardship to the member, the paying officer may deduct a lesser amount in relation to the pay-day.
"(14) Where copies of more than one judgment, and statutory declarations in relation to those judgments, are served under sub-section (1) in relation to a member, the judgments shall be dealt with under this section in the order in which copies of the judgments are served under that sub-section.
"(15) Sub-sections (1) to (14) (inclusive) do not apply to a member-
"(16) In this section-
'net salary', in relation to a member in relation to a pay-day, means the amount of salary payable by the Commonwealth to the member on the pay-day after deductions have been made-
'normal deduction', in relation to a member in relation to a pay-day, means an amount equal to 20% of the net salary of the member in relation to the pay-day or such greater amount as the member notifies a paying officer, in writing, should be the normal deduction for the purposes of this section in relation to the pay-day;
'pay-day', in relation to a member, means a day on which salary is payable to the member;
'paying officer' means an officer of the Australian Public Service performing duties in the Department who is appointed by the Secretary, in writing, to be a paying officer for the purposes of this section;
'salary', in relation to a member, means any money payable by the Commonwealth to the member by way of salary, and includes any money payable by the Commonwealth to the member by way of an allowance prescribed for the purposes of this definition, but does not include any money payable to the member by way of a weekly payment of compensation under the Compensation (Commonwealth Government Employees) Act 1971.".
Section 123A-
Omit "or by an officer authorized by that chief of staff" (wherever occurring).
Paragraphs 123A (e) and (f)- Re-letter paragraphs (e) and (f) as paragraphs (d) and (e) respectively.
Paragraph 124 (1) (d)- Omit the paragraph.
Paragraph 147A (1) (a)- Omit "British subjects", substitute "Australian citizens".
Section 148A-Repeal the section.
Defence Force Discipline Act 1982 After section 86- Insert the following section: Oaths, affirmations and affidavits "86A. (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.
"(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.
"(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.
"(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.".
After section 101-
Insert the following section in Division 1 of Part VI: Oaths, affirmations and affidavits
"101AA. (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.
"(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.
"(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.
"(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.".
Sub-section 111 (1)-
Insert "or in relation to a class of cases in which the particular case is included" after "particular case".
Sub-section 151 (4)- Omit "an appropriate legal officer", substitute "a legal officer".
Sub-section 151 (6)- Omit the sub-section.
Sub-section 154 (1)-
Omit the sub-section, substitute the following sub-section:
"(1) A reviewing authority shall not commence a review without first obtaining a report on the proceedings from-
Section 175-
Insert ", or an officer of the Australian Public Service performing duties in the Department," after "an authorized officer" (wherever occurring).
Sub-section 185 (3)- Omit "This section has", substitute "Sub-sections (1) and (2) have".
Defence Force Discipline Appeals Act 1955 Heading to Part II- Omit the heading, substitute the following heading:
"PART II-DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL".
Section 13-Repeal the section.
Defence Legislation Amendment Act 1984 Schedule 2, proposed amendment of sub-section 92 (1) of the Defence Force Retirement and Death Benefits Act 1973-
Omit "pay on" from the column headed "Omit (wherever occuring)".
Schedule 3, proposed amendment of sub-section 4 (4) of the Defence Forces Retirement Benefits Act 1948- Opposite the reference to "(b) 'thirty-six of this Act' ", insert "36" in the column headed "Substitute".
Defence (Re-establishment) Act 1965 Section 46A (definition of "Secretary") and section 49A (definition of "Secretary")-
Omit "Social Security", substitute "Community Services".
Defence (Special Undertakings) Act 1952 Section 4 (definition of "constable")- Omit "Police Force", substitute "police force".
Sub-section 7 (2)- Omit "The last preceding sub-section", substitute "Sub-section (1)".
Sub-section 9 (1)- Omit "eleven of this Act", substitute "11".
Section 9- Omit "seven", substitute "7".
Sub-section 11 (4)- Omit "seven", substitute "7".
Sub-section 11 (5)- Omit "two", substitute "2".
Section 12-
Section 13- Omit "seven", substitute "7".
Section 14- Omit "Penalty: Imprisonment for two years.", substitute "Penalty for contravention of this sub-section: Imprisonment for 2 years.".
Sub-section 15 (1)-
Sub-section 15 (2)- Omit the sub-section, substitute the following sub-section: "(2) The provisions of sections 48 (other than paragraphs (1) (a) and (b) and
sub-section (2)), 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under section 14 as if in those provisions references to regulations were references to such orders, references to a regulation were references to such an order and references to a repeal were references to a revocation.".
Sub-section 15 (3)-
Sub-section 15 (4)- Omit "the last preceding section", substitute "section 14".
Sections 16 and 17- Omit "two", substitute "2".
Section 18-
Section 19- Omit "Director-General of Civil Aviation", substitute "Secretary to the Department of Aviation".
Sub-section 20 (2)- Omit "in pursuance of the last preceding sub-section", substitute "pursuant to sub-section (1)".
Section 21- Omit "fourteen of this Act", substitute "14".
Section 23- Omit "Penalty: Imprisonment for two years.", substitute "Penalty for contravention of this sub-section: Imprisonment for 2 years.".
Section 24- Omit "two", substitute "2".
Section 27- Omit "1947", substitute "1947".
Section 29- Repeal the section, substitute the following section: Punishment of offences
"29. (1) An offence against this Act is an indictable offence and, subject to sub-sections (2) and (3), is punishable on conviction by a penalty not exceeding the penalty provided by this Act in respect of the offence.
"(2) Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.".
Section 31- Omit "Penalty: Imprisonment for five years.", substitute "Penalty for contravention of this sub-section: Imprisonment for 5 years.".
Section 32- Omit "six", substitute "6".
Designs Act 1906
Section 36- Omit "Three years' imprisonment", substitute "$5,000 or imprisonment for 2 years, or both".
Sub-section 40F (2)- Omit all the words after "sub-section (1).", substitute the following: "Penalty:
Sub-section 42B (1)-Add at the foot the following: "Penalty: $1,000 or imprisonment for 6 months, or both.".
Sub-section 42B (2)- Omit "Penalty: $100.", substitute the following: "Penalty for contravention of this sub-section:
Section 42C- Omit "$100", substitute "$1,000 or imprisonment for 6 months, or both".
Sub-section 45 (1)- Omit "Penalty: $200.", substitute the following: "Penalty:
After section 45- Insert the following section: Certain offences indictable "45A. (1) An offence against section 36 or sub-section 40F (2) is an indictable offence.
"(2) Notwithstanding that an offence against section 36 or sub-section 40F
(2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 36, the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.
"(4) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 40F (2), the penalty that the court may impose is-
Diplomatic Privileges and Immunities Act 1967 After the definition of "Australian citizen" in sub-section 4 (1)-
Insert the following definition:
" 'Convention' means the Vienna Convention on Diplomatic Relations, a copy of the English text of which is set out in the Schedule;".
Sub-section 4 (1) (definition of "the Convention")- Omit the definition.
Sub-section 7 (4)- Omit "as amended and in force at any time".
Sub-sections 9 (1) and 10 (1)- Omit "1921", substitute "Act 1921".
After section 14-
Insert the following section: Delegation
"14A. (1) The Minister for Industry, Technology and Commerce may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person all or any of that Minister's 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 Minister for Industry, Technology and Commerce.
"(3) A delegation under this section does not prevent the exercise of a power by the Minister for Industry, Technology and Commerce.".
Heading to Schedule- Omit "THE SCHEDULE", substitute "SCHEDULE".
Environment Protection (Alligator Rivers Region) Act 1978 Section 15-Repeal the section.
Estate Duty Assessment Act 1914
Sub-section 3 (1) (definition of "Administrator")- Omit " 'Administrator' ", substitute " 'administrator' ".
Sub-section 3 (1) (definition of "Adopted Child")- Omit " 'Adopted Child' ", substitute " 'adopted child' ".
Sub-section 3 (1) (definition of "Board of Review")- Omit "or under that Act as amended".
Sub-section 3 (1) (definition of " 'Child' or 'Children' ")- Omit " 'Child' or 'Children' ", substitute " 'child' ".
After the definition of " 'Child' or 'Children' " in sub-section 3 (1)-
Insert the following definition:
" 'Commissioner' means the Commissioner of Taxation;".
Sub-section 3 (1) (definition of "Debts")- Omit " 'Debts' ", substitute " 'debts' ".
Sub-section 3 (1) (definition of "Duty")- Omit " 'Duty' ", substitute " 'duty' ".
Sub-section 3 (1) (definition of "Estate")- Omit " 'Estate' ", substitute " 'estate' ".
Sub-section 3 (1) (definition of "Gift inter vivos")-
Omit " 'Gift inter vivos' ", substitute " 'gift inter vivos' ".
Sub-section 3 (1) (definition of "Member of the family")- Omit " 'Member of the family' ", substitute " 'member of the family' ".
Sub-section 3 (1) (definition of "Settlement")- Omit " 'Settlement' ", substitute " 'settlement' ".
Sub-section 3 (1) (definition of "Supreme Court")-
Omit "a" (first occurring), substitute "the".
Sub-section 3 (1) (definition of "The Commissioner")- Omit the definition.
Sub-section 3 (2)- Omit " 'Member of the family' ", substitute " 'member of the family' ".
Section 4- Omit ", subject to the control of the Minister,".
Paragraph 8 (4) (a)- Omit "three years" (wherever occurring), substitute "3 years".
Paragraph 8 (4) (b)- Omit "three", substitute "3".
Paragraph 8 (4) (c)- Omit "three", substitute "3".
Sub-section 8 (4A)-
Sub-paragraph 8 (5) (c) (i)- Omit "the last preceding paragraph", substitute "paragraph (b)".
Paragraph 8 (6) (a)- Omit ", or of that Act as amended and in force at any time".
Sub-section 8AA (1) (paragraph (b) of the definition of "civilian accompanying the United States Forces")- Omit "Government of the Commonwealth", substitute "Australian Government".
After the definition of "foreign employee" in sub-section 8AA (1)- Insert the following definitions: " 'Joint Defence Space Research Facility' means the undertaking the
establishment of which is provided for by an agreement dated 9 December 1966 between the Government of Australia and the Government of the United States of America;
'North West Cape naval communication station' means the naval communication station the establishment of which is provided for by the agreement approved by the United States Naval Communication Station Agreement Act 1963;".
Sub-section 8AA (1) (paragraph (b) of the definition of "prescribed contract")- Omit "the last preceding paragraph", substitute "paragraph (a)".
Sub-section 8AA (1) (paragraph (b) of the definition of "prescribed purposes")- Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 8AA (1) (definitions of "the Joint Defence Space Research Facility", "the North West Cape naval communication station" and "the United States Forces")-
Omit the definitions.
Sub-section 8AA (1)-Add at the end the following definition: " 'United States Forces' means the armed forces of the Government of the
United States of America.".
Sub-section 8AA (2)- Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 8AA (4)- Omit "The last preceding sub-section", substitute "Sub-section (3)".
Paragraph 8A (1) (b)- Omit "five", substitute "5".
Paragraph 8A (3) (a)-
Paragraph 8A (3) (e)-
Omit "(6) or sub-section (7) of section 8", substitute "8 (6) or (7)". Sub-section 9 (1)-
Sub-section 9 (1A)- Omit "three", substitute "3".
Sub-section 9 (1B)-
Sub-section 9 (2)- Omit "any of the preceding provisions of this section", substitute "sub-section (1), (1A) or (1B)".
Sub-section 9 (3)-
Omit "1920-1962", substitute "1920". Paragraph 9 (4) (b)-
Omit "1956-1962", substitute "1956".
Sub-section 9A (1) (sub-paragraph (b) (ii) of the definition of "family company")-
Omit "five per centum", substitute "5%".
Sub-section 9A (1) (paragraph (b) of the definition of "gross farm income")-
Sub-section 9A (1) (definition of "income")- Omit "1936-1969", substitute "1936".
Sub-section 9A (1) (paragraph (e) of the definition of "relative")- Omit "the last preceding paragraph", substitute "paragraph (d)".
Sub-section 9A (1) (paragraph (f) of the definition of "relative")-
Omit "any of the last three preceding paragraphs", substitute "paragraph (c), (d) or (e)".
Sub-section 9A (1) (paragraph (a) of the definition of "year of income")-
Omit "(4) of section 8", substitute "8 (4)". Sub-section 9A (7)-
Omit "(5) of section 8", substitute "8 (5)".
Sub-section 9A (8)- Omit "(4) of section 8", substitute "8 (4)".
Paragraph 9B (1) (a)- Omit "twelve", substitute "12".
Paragraph 9B (1) (b)- Omit "four", substitute "4".
Paragraph 9B (2) (a)- Omit "twelve", substitute "12".
Paragraph 9B (2) (b)- Omit "three", substitute "3".
Paragraph 9C (1) (a)- Omit "(a), (b), (c), (e) or (f) of sub-section (4) of section 8", substitute "8 (4) (a), (b), (c), (e) or (f)".
Sub-section 9C (2)-
Sub-section 9D (2)- Omit "the next succeeding section", substitute "section 9E".
Sub-section 9D (3)- Omit "the last preceding sub-section", substitute "sub-section (2)".
Paragraph 9D (4) (a)- Omit "the next succeeding paragraph", substitute "paragraph (b)".
Paragraph 9D (4) (b)- Omit "(a) of sub-section (4) of section 8", substitute "8 (4) (a)".
Sub-section 9D (5)- Omit "(a) or paragraph (b) of the last preceding sub-section", substitute "(4) (a) or (b)".
Sub-section 9D (6)- Omit "(d) of sub-section (2)", substitute "(2) (d)".
Sub-section 9D (7)-
Omit "fifty per centum", substitute "50%". Sub-paragraph 9E (3) (a) (ii)-
Sub-section 16A (1)- Omit "the next succeeding section ", substitute "section 16B".
Paragraph 16A (1) (c)-
Omit "the last two preceding paragraphs", substitute "paragraphs (a) and (b)".
Sub-section 16A (2)-
Omit "(4) of section 9D", substitute "9D (4)". Paragraph 17 (1) (c)-
Omit "Federal", substitute "Commonwealth". Sub-section 17 (1A)-
Omit "three", substitute "3". Sub-section 20 (3)-
Omit "three", substitute "3". Sub-section 20 (4)- Omit "three", substitute "3". Sub-section 20 (5)- Omit "three", substitute "3". Sub-section 20 (6)- Omit "three", substitute "3". Sub-section 20 (7A)- Omit "(4) of section 9D", substitute "9D (4)". Paragraph 20 (7A) (b)- Omit "(d) of sub-section (2) of section 9D", substitute "9D (2) (d)". Sub-section 24 (1)- Omit "thirty", substitute "30". Sub-section 24 (1A)-
Sub-section 24 (4)- Omit "thirty", substitute "30".
Sub-section 24 (4A)- Omit "(a) of sub-section (4)", substitute "(4) (a)".
Sub-section 26 (3)- Omit "the next succeeding sub-section", substitute "sub-section (4)".
Sub-section 26 (4)- Omit "the next succeeding sub-section", substitute "sub-section (5)".
Sub-section 28D (1)- Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 29 (1)-
Section 30- Omit "the last preceding section", substitute "section 29".
Sub-section 32 (1)- Omit "the King on behalf of".
Sub-section 34 (4)- Omit "the last preceding sub-section," substitute "sub-section (3)".
Paragraph 35 (1) (a)- Omit "The duty", substitute "the duty".
Paragraph 35 (1) (b)- Omit "Where", substitute "where".
Paragraph 35A (1) (b)- Omit "the last preceding paragraph", substitute "paragraph (a)".
Sub-section 37 (1)- Omit "part of the Commonwealth" (wherever occurring), substitute
"Territory".
Sub-section 38 (1)- Omit "the last two preceding sections", substitute "sections 36 and 37".
Sub-sections 45 (1) and (2)- Omit ", a Second Commissioner or a Deputy Commissioner".
Export Control Act 1982
Section 3 (definition of "animal")- Omit "man", substitute "a human being".
Sub-section 6 (1)- Omit "his", substitute "the person's".
Paragraphs 8 (1) (b), (2) (b), (3) (b) and (4) (b)- Insert "or her" after "his" (wherever occurring).
Sub-section 8 (6)- Omit "he", substitute "the person".
Section 9- Omit "he" (wherever occurring), substitute "the person".
Sub-sections 10 (3), (6) and (8) and 11 (1)- Omit "he" (wherever occurring), substitute "the authorized officer".
Section 12- Omit "his", substitute "the authorized officer's".
Section 13- Omit "his" (wherever occurring), substitute "the authorized officer's".
Paragraphs 14 (a), (b) and (c)- Insert "or her" after "his".
Sub-section 19 (1)-
Omit "him", substitute "the Secretary". Sub-section 21 (2)-
Omit "he", substitute "the Secretary". Sub-section 24 (1)-
Export Finance and Insurance Corporation Act 1974 Section 65-Repeal the section.
Export Market Development Grants Act 1974 Section 35-Repeal the section.
Family Law Act 1975 Sub-section 114M (3)- Omit the sub-section.
Federal Court of Australia Act 1976 Section 24-
Add at the end the following sub-section:
"(6) In sub-sections (1) and (2) , 'Supreme Court of a Territory' does not include the Supreme Court of the Northern Territory.".
Federal Proceedings (Costs) Act 1981 Sub-section 3 (1) (definition of "costs certificate")- Insert "7A (1)," after "7 (1),".
After section 7-
Insert the following section: Costs certificates for appellants where no respondent
"7A. (1) Subject to this Act, where a Federal appeal succeeds on a question of law and there is no respondent to the appeal, the court that heard the appeal may, on the application of the appellant, grant to the appellant a costs certificate in respect of the appeal.
"(2) The certificate that may be granted under sub-section (1) by a court to an appellant is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney-General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.".
Sub-section 8 (2)-
Omit "on indictment" (wherever occurring), substitute "(whether on indictment or otherwise)".
Section 11- Omit "7 or", substitute "7, 7A or".
Section 21-
Add at the end the following sub-section:
"(4) A court is not empowered to grant a costs certificate under sub-section 7A (1) in respect of a Federal appeal instituted, or leave for which was granted, before the commencement of this sub-section.".
Gift Duty Assessment Act 1941 Section 2- Omit "the twenty-ninth day of October, One thousand nine hundred and forty-one", substitute "29 October 1941".
Sub-section 4 (1) (definition of "Board of Review")-
Omit "Income Tax and Social Services Contribution Assessment Act 1936-1957", substitute "Income Tax Assessment Act 1936".
After the definition of "child" in sub-section 4 (1)-
Insert the following definition:
" 'Commissioner' means the Commissioner of Taxation;".
Sub-section 4 (1) (definition of "the Commissioner")- Omit the definition.
Sub-section 4 (2)-
Insert "in sub-section (1)" after "the definition of 'disposition of property' ".
Sub-section 10 (3)- Omit "Court" (wherever occurring), substitute "court".
Paragraph 10 (4) (c)-
Paragraph 10 (4) (ca)-
Paragraph 10 (4) (d)-
Omit "Director-General of Social Services", substitute "Secretary to the Department of Social Security".
Sub-section 10 (5)-
Section 11- Omit "the date of commencement of this Act", substitute "29 October 1941".
Paragraph 13 (f)- Omit "the foregoing provisions of this section", substitute "paragraphs (a), (b), (c), (d) and (e)".
Paragraph 14 (l) (i)- Omit "(i) any", substitute "(j) any".
Sub-paragraph 14 (1) (i) (i)-
Sub-section 15 (1) (paragraph (b) of the definition of "civilian accompanying the United States Forces")- Omit "Government of the Commonwealth", substitute "Australian Government".
After the definition of "foreign employee" in sub-section 15 (1)- Insert the following definitions: " 'Joint Defence Space Research Facility' means the undertaking the
establishment of which is provided for by an agreement dated 9 December 1966 between the Government of Australia and the Government of the United States of America;
'North West Cape naval communication station' means the naval communication station the establishment of which is provided for by the agreement approved by the United States Naval Communication Station Agreement Act 1963;".
Sub-section 15 (1) (paragraph (b) of the definition of "prescribed contract")- Omit "the last preceding paragraph", substitute "paragraph (a)".
Sub-section 15 (1) (paragraph (b) of the definition of "prescribed purposes")- Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 15 (1) (definitions of "the Joint Defence Space Research
Facility", "the Northwest Cape Naval communication station" and "the United States Forces")- Omit the definitions.
Sub-section 15 (1)-Add at the end the following definition: " 'United States Forces' means the armed forces of the Government of the
United States of America.".
Sub-section 15 (2)- Omit "Government of the Commonwealth", substitute "Australian Government".
Sub-section 15 (4)- Omit "The last preceding sub-section", substitute "Sub-section (3)".
Section 16- Omit "either of the last two preceding sections", substitute "section 14 or 15".
Paragraph 18 (2) (a)- Omit "The value", substitute "the value".
Paragraph 18 (2) (b)- Omit "No regard", substitute "no regard".
Paragraph 18 (2) (c)-
Sub-section 18 (3)-
Sub-section 19 (1)-
Paragraph 19 (1) (a)- Omit "one", substitute "1".
Paragraph 19 (1) (b)- Omit "three", substitute "3".
Sub-section 19 (4)- Omit "fourteen or section fifteen of this Act", substitute "14 or 15".
Sub-section 25 (2)- Omit "the King on behalf of".
Sub-section 29 (1)- Omit "part of the Commonwealth" (wherever occurring), substitute "Territory".
Sub-section 31 (1)- Omit "thirty", substitute "30".
Sub-section 31 (4)- Omit "thirty", substitute "30".
Sub-section 31 (4A)- Omit "(a) of sub-section (4)", substitute "(4) (a)".
Sub-section 33 (3)- Omit "the next succeeding sub-section", substitute "sub-section (4)".
Sub-section 33 (4)- Omit "the next succeeding sub-section", substitute "sub-section (5)".
Section 35- Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 38A (1)- Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 39 (3)- Omit "Regulations", substitute "regulations".
Section 40-
Great Barrier Reef Marine Park Act 1975 Section 3-Add at the end the following sub-section:
"(4) A reference in this Act (other than in this sub-section) to an offence against this Act includes a reference to an offence against-
After paragraph 7 (1) (cc)-
Insert the following paragraph:
"(cd) to provide, and arrange for the provision of, educational, advisory and informational services relating to the Marine Park;".
Sub-section 7 (1A)- Omit "or (cb)", substitute ",(cb) or (cd)".
After sub-section 7 (1A)-
Insert the following sub-section:
"(1B) The Authority is responsible for the management of the Marine Park.".
Sections 18 and 19-Repeal the sections.
Sub-section 38 (4)-
Omit "$1,000 for each day during which the offence continues", substitute "$50,000".
Section 38-
Add at the end the following sub-sections:
"(5) An offence against sub-section (4) is an indictable offence.
"(6) Notwithstanding that an offence against sub-section (4) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(7) Where, in accordance with sub-section (6), a court of summary jurisdiction convicts a person of an offence against sub-section (4), the penalty that the court may impose is a fine not exceeding $10,000.".
Section 47-
Add at the end the following sub-section:
"(10) A reference in sub-section (1) to a conviction of a person of an
offence against this Act includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to the person in respect of an offence against this Act.".
Sub-section 48 (5)- Omit "(1) or".
Paragraph 49 (a)-
Paragraph 49 (b)- Omit "$2,000", substitute "$5,000".
Paragraph 50 (a)-
Paragraph 50 (b)- Omit "$2,000", substitute "$5,000".
Sub-section 58 (7)- Omit "$200", substitute "$500".
Sub-section 66 (5)- Omit "2", substitute "3".
Health Insurance Act 1973 After the definition of "Australia" in sub-section 3 (1)-
Insert the following definition:
" 'Australian Capital Territory Health Authority' means the Australian Capital Territory Health Authority established under the Health Services Ordinance 1975 of the Australian Capital Territory;".
Sub-section 3 (1) (definition of "Secretary")- Omit "of", substitute "to".
Sub-section 3 (3A)-
Omit "Capital Territory Health Commission", substitute "Australian Capital Territory Health Authority".
Sub-section 6 (8)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Sub-section 16C (1) (sub-paragraph (d) (i) of definition of "eligible applicant")
Omit "Permanent Head of the Department of Health", substitute "Secretary to the Department".
Sub-section 17 (7)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Sub-section 23G (1) (definition of "prescribed hospital authority")-
Omit the definition, substitute the following definition:
" 'prescribed hospital authority' means the Australian Capital Territory Health Authority;".
Sub-section 23H (5)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Sub-section 130A (1)-
Omit "Director-General", substitute "Secretary to the Department of Social Security".
Health Insurance Commission Act 1973 Section 30-Repeal the section.
High Court of Australia Act 1979 Section 29-Repeal the section.
Historic Shipwrecks Act 1976 Sub-section 2 (7)-
Sub-section 2 (9B)-
Sub-section 3 (1) (definition of "Australian waters")-
Omit "(not being waters within the limits of a State)", substitute "(not being State waters)".
Sub-section 3 (1) (definition of "historic relic")- Insert before paragraph (a) of the definition: "(aa) an article in respect of which a declaration under sub-section 4A (6)
or (7) is applicable;".
Sub-section 3 (1) (definition of "historic shipwreck")- Insert before paragraph (a) of the definition: "(aa) the remains of a ship in respect of which a declaration under
sub-section 4A (1) or (2) is applicable;".
After the definition of "ship" in sub-section 3 (1)- Insert the following definition: " 'State waters' means waters of the sea that are within the limits of a
State.".
Sub-section 3 (2)- Omit the sub-section, substitute the following sub-sections: "(2) A reference in this Act to the remains of a ship, to part of the remains
of a ship, to an article or articles, or to part of an article, being situated in waters, includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be-
"(2A) A reference in this Act to the remains of a ship, to part of the remains of a ship, to an article or articles or to part of an article, having been removed from waters includes a reference to the remains of a ship, to part of the remains of a ship, to an article or articles, or to part of an article, as the case may be-
Section 4- Repeal the section, substitute the following sections: Wrecks, &c., partly in Australian waters and partly in State waters "3A. (1) Where-
declaration under this section in respect of the part referred to in paragraph (b), the Minister may declare, in writing, that the part referred to in paragraph (b) shall, for the purposes of this Act (other than this section and sections 7 and 13) be deemed to be a part that is situated in, or has been removed from, Australian waters, as the case requires, and, where such a declaration is made, that declaration has effect accordingly.
Application and extension of Act
"3B. Subject to section 2, this Act applies both within and outside Australia and extends to every external Territory.
Act to bind Crown
"4. This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island, but nothing in this Act renders the Crown liable to be prosecuted for an offence.".
Before section 5 in Part II-
Insert the following section: Shipwrecks and relics associated with State or Territory may be declared to be historic
"4A. (1) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this sub-section in relation to the State, the Minister may, by notice in writing published in the Gazette, declare all remains of ships (whether or not the existence and location of the remains are known) that are-
"(3) Subject to sub-section (10) where-
"(4) Subject to sub-section (10), where-
"(6) If a Minister of a State informs the Minister, in writing, that the Government of the State recommends that a declaration be made under this sub-section in relation to the State, the Minister may, by notice in writing published in the Gazette, declare every article (whether or not the existence and location of the article is known) that-
"(7) The Minister may, by notice in writing published in the Gazette, declare every article (whether or not the existence and location of the article is known) that-
"(8) Subject to sub-section (10), where-
"(10) Where a declaration under this section applies in relation to the remains of a ship or to an article, the Minister may, by notice in writing, published in the Gazette, revoke that declaration to the extent that it applies in relation to those remains, to a specified part of those remains or to that article, as the case requires.
"(11) In this section- 'State' includes the Northern Territory and Norfolk Island; 'Territory' does not include the Northern Territory or Norfolk Island.
"(12) In this section-
Section 5- Omit "he" (wherever occurring), substitute "the Minister".
Sub-sections 6 (1), (2) and (3)- Omit "he", substitute "the Minister".
Sub-section 6 (5)- Omit "12 months", substitute "5 years".
Sub-section 7 (1)-
After sub-section 7 (1)- Insert the following sub-section: "(1A) A declaration under sub-section (1) shall not apply to an area
consisting of sea or land within the limits of a State unless there is situated within the area a historic shipwreck or a historic relic to which a declaration under section 3A applies.".
Sub-section 7 (2)-
After sub-section 7 (3)- Insert the following sub-section: "(3A) Where a declaration under section 4A is revoked in relation to the
remains of a ship or to an article, any notice under this section in relation to the remains or to the article ceases to be in force, but this sub-section does not prevent the publication in the Gazette of a further notice under this section in relation to the remains or to the article if a notice is published in the Gazette under section 5 or 6 in relation to the remains or to the article.".
Section 8-
Paragraph 9 (1) (b)- Insert "4A," after "section".
After sub-section 9 (1)- Insert the following sub-section: "(1A) Where-
Sub-section 9 (2)-
Sub-section 9 (4)- Insert "or her" after "his".
Paragraph 9 (5) (a)-
Section 9- Omit "Penalty: $1,000.", substitute the following: "Penalty-
Sub-section 10 (2)- Omit "Penalty: $1,000.", substitute the following: "Penalty-
Sub-section 11 (1)- Omit paragraphs (1) (a) and (b), substitute the following paragraphs: "(a) the preservation of the article;
Sub-section 11 (3)- Omit "he", substitute "the Minister".
Sub-section 11 (4)- Omit "Penalty: $2,000 or imprisonment for 2 years, or both.", substitute the following: "Penalty-
Sub-section 11 (5)- Omit "him" (wherever occurring), substitute "the person".
Sub-section 12 (2)- Omit the sub-section, substitute the following sub-section: "(2) The Minister shall cause to be entered in the Register particulars of-
Paragraph 13 (1) (d)- Insert "(including State waters)" after "Australia" (first occurring).
Sub-section 13 (2)- Omit "Australian waters or from waters above the continental shelf of Australia", substitute "waters".
Sub-section 13 (3)-
Omit "punishable, on conviction, by a fine not exceeding $5,000, or imprisonment for a period not exceeding 5 years, or both", substitute the following words and paragraphs:
"punishable, on conviction-
(a) if the offender is a natural person-by a fine not exceeding $10,000 or
imprisonment for a period not exceeding 5 years, or both; or
(b) if the offender is a body corporate-by a fine not exceeding $50,000".
Sub-section 15 (1)- Insert "or her" after "his".
Sub-section 15 (5)- Omit "him" (wherever occurring), substitute "the person".
Sub-section 17 (2)- Insert "or she" after "he".
Sub-section 17 (3)- Insert "or her" after "his".
Section 17-
Omit "Penalty: $1,000.", substitute the following:
"Penalty-
Paragraph 18 (1) (a)-
Omit "pay a reward not exceeding the prescribed amount to", substitute "reward".
Sub-paragraph 18 (1) (a) (ii)-
Insert "or which is a historic shipwreck or a historic relic" after "Dutch relic".
Paragraph 18 (1) (b)-
Omit "offer and pay a reward not exceeding the prescribed amount to", substitute "offer to reward, and reward,".
Paragraph 18 (1) (c)-
Omit "pay a reward not exceeding the prescribed amount to", substitute "reward".
Sub-section 18 (2)-
Omit the sub-section, substitute the following sub-sections:
"(2) The reward of a person under sub-section (1) shall be by way of-
"(3) Payments by way of reward under this section shall be made out of money appropriated by the Parliament for the purpose of the control of historic shipwrecks.
"(4) Articles referred to in paragraph (2) (b) that are required to be purchased by the Commonwealth shall be purchased out of money appropriated by the Parliament for the purpose of the control of historic shipwrecks.".
Section 20- Omit "he" (wherever occurring), substitute "the Minister".
Sub-section 22 (1)- Omit "him", substitute "the Minister".
Sub-section 22 (3)- Insert "or her" after "his".
Sub-section 23 (1)- Insert "or her" after "him".
Paragraph 23 (1) (d)- Omit "his possession", substitute "the possession of the person".
Sub-section 23 (2)- Insert "or her" after "him".
Paragraph 23 (5) (a)- Omit "him", substitute "the person".
Paragraph 23 (5) (b)- Omit "he", substitute "the person".
Sub-section 23 (5)- Omit "Penalty: $1,000.", substitute the following:
"Penalty-
Sub-section 23 (6)-
Sub-section 23 (7)- Omit "punishable, on conviction, by a fine not exceeding $2,000, or
imprisonment for a period not exceeding 2 years, or both", substitute the
following words and paragraphs: "punishable, on conviction-
Paragraph 24 (2) (b)- Insert "or her" after "his".
Sub-section 24 (3)- Omit "him", substitute "the person".
Sub-section 25 (1)- Omit "he", substitute "the inspector".
Section 26-
Repeal the section, substitute the following section: Certain offences indictable
"26. (1) An offence against sub-section 11 (4), 13 (3) or 23 (7) is an indictable offence.
"(2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 11 (4), 13 (3) or 23 (7), the penalty that the court may impose is-
"(4) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the commitment of the person for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.".
Paragraph 29 (b)- Omit "or" (last occurring).
After paragraph 29 (b)-
Insert the following paragraph:
"(ba) in State waters; or".
Sub-section 30 (1)-
Home Deposit Assistance Act 1982 Section 63- Repeal the section, substitute the following section: Evidence "63. (1) The Secretary may by instrument in writing-
Home Nursing Subsidy Act 1956 Sub-section 4 (1)-
Homes Savings Grant Act 1964 Section 31- Repeal the section, substitute the following section: Evidence "31. (1) The Secretary may by instrument in writing-
purports to be attached or appended to an official document, and any such document purporting to be so signed is prima facie evidence in all courts of the facts and statements contained in the document.
"(3) A certificate in writing signed by a person who holds or has held an office referred to in sub-section (2) certifying-
Homes Savings Grant Act 1976 Section 52- Repeal the section, substitute the following section: Evidence "52. (1) The Secretary may by instrument in writing-
Honey Industry Act 1962 Sub-section 20 (3)- Omit the sub-section.
Housing Loans Insurance Act 1965 Section 45-Repeal the section.
Immigration (Guardianship of Children) Act 1946
Section 4 (definition of "non-citizen child")- Omit the definition, substitute the following definition: " 'non-citizen child' means-
"(2) The Minister shall not give a direction under sub-section (1) unless the relative consents to the Minister doing so.".
After section 11- Insert the following sections:
Reconsideration and review of certain decisions "11A. (1) In this section, unless the contrary intention appears- 'decision' has the same meaning as in the Administrative Appeals Tribunal
Act 1975; 'relevant decision' means a decision of a delegate of the Minister under section 4AA or 11; 'reviewable decision' means-
"(2) Subject to sub-section (3), a person affected by a relevant decision may request the Minister to reconsider the decision.
"(3) The request shall-
"(4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may-
"(5) Where, pursuant to a request under sub-section (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.
"(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.
Statements to accompany notification of certain decisions
"11B. (1) In this section, 'decision', 'relevant decision' and 'reviewable decision' have the same respective meanings as in section 11A.
"(2) Where a delegate of the Minister makes a relevant decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that a person affected by the decision-
"(3) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that subject to
the Administrative Appeals Tribunal Act 1975, a person affected by the decision may, if the person is dissatisfied with the decision, apply to the Administrative Appeals Tribunal for review of the decision.
"(4) Any failure to comply with the requirements of sub-section (2) or (3) in relation to a decision does not affect the validity of the decision.".
Before paragraph 12 (a)-
Insert the following paragraph:
"(aa) prescribing principles to be observed in considering whether or not to give a direction under section 4AA;".
Independent Schools (Loans Guarantee) Act 1969 Section 8- Repeal the section, substitute the following section: Annual report by Minister
"8. (1) Subject to sub-section (2), the Minister shall, as soon as practicable after 31 December in each year, cause a report containing particulars of the guarantees that have been given under this Act during that year, and of any payment made during that year under any guarantee given under this Act, to be laid before each House of the Parliament.
"(2) The first report by the Minister after the commencement of this section shall relate to the period commencing on 1 July 1984 and ending on 31 December 1985.".
Industrial Research and Development Incentives Act 1976 Sub-section 39 (1)- Insert ", industrial development or industrial research and industrial development" after "industrial research".
Industries Assistance Commission Act 1973 Sub-section 30 (3)-
Insurance Contracts Act 1984 Sub-section 9 (2)-Omit "Nothern", substitute "Northern".
Paragraph 11 (3) (a)- Insert "specified" before "sickness".
Paragraph 11 (4) (b)- Omit "there is", substitute "there can be".
Section 15-
Repeal the section, substitute the following section: Certain other laws not to apply
"15. (1) A contract of insurance is not capable of being made the subject of relief under-
"(2) Without limiting the generality of paragraph (1) (d), the nature of the relief to which that paragraph applies includes relief by way of variation, avoidance or termination of a contract.".
Sub-section 35 (2)-
Insert "(whether by providing the insured with a policy document in relation to the contract or otherwise)" after "in writing".
Section 37- Omit "loss occurred", substitute "contract was entered into".
Paragraph 41 (2) (a)-
Omit "liability in respect of the claim", substitute "that the contract applies to the claim".
Paragraph 41 (2) (b)- Omit "admits liability", substitute "so admits".
Sub-section 41 (3)-
Omit "he admits liability in respect of the claim and", substitute "the insurer admits that the contract of liability insurance applies to the claim and that the insurer".
Paragraph 54 (5) (b)- Insert "not" after "person".
Paragraph 69 (1) (a)- Omit "or before a loss occurred".
Paragraph 69 (1) (d)- Omit "or the loss occurred, as the case may be".
Paragraph 69 (2) (a)- Omit "or before a loss occurred".
Sub-sections 69 (2) and (3)- Omit "or the loss occurred, as the case may be" (wherever occurring).
Paragraph 73 (1) (b)- Insert "or rate" after "amount".
Inter-State Commission Act 1975 Sub-section 24 (2)- Insert "or in respect of" after "does not apply to".
Sub-section 24 (4)- Omit "sub-section 80 (1) of".
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984< Paragraph 3 (6) (c)- Omit "Chairman", substitute "President".
Sub-section 6 (8)- Omit the sub-section.
Judiciary Act 1903 After section 35- Insert the following section: Appeals from Supreme Court of the Northern Territory
"35AA. (1) Subject to sub-sections (2) and (3), the High Court has jurisdiction to hear and determine appeals from judgments of the Supreme Court of the Northern Territory.
"(2) An appeal shall not be brought from a judgment, whether final or interlocutory, referred to in sub-section (1) unless the High Court gives special leave to appeal.
"(3) Sub-section (1) has effect subject to any special provision made by an Act other than this Act, whether passed before or after the commencement of this section, preventing or permitting appeals from the Supreme Court of the Northern Territory.".
Law Officers Act 1964 Section 7- Repeal the section, substitute the following section:
Remuneration and allowances of Solicitor-General
"7. (1) The Solicitor-General shall be paid such remuneration as is determined by the Remuneration Tribunal.
"(2) The Solicitor-General shall be paid such allowances as are prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973 and section 7 of the Judicial and Statutory Officers (Remuneration and Allowances) Act 1984.".
Section 14-
Repeal the section, substitute the following section: Commonwealth officer appointed as Solicitor-General
"14. (1) Subject to sub-section (2), section 16 does not apply to or in respect of the Solicitor-General if, immediately before being appointed as Solicitor-General, the Solicitor-General was an eligible employee for the purposes of the Superannuation Act 1976.
"(2) If a person was, immediately before being appointed as Solicitor-General, an eligible employee for the purposes of the
Superannuation Act 1976, and the person elects, within 3 months after being appointed as Solicitor-General, by notice in writing to the Attorney-General, to cease to be an eligible employee for the purposes of that Act, sub-section (1) does not apply, and shall be deemed not to have applied, to the person, and the person shall be deemed to have ceased to be such an eligible employee immediately before the person was appointed as Solicitor-General.
"(3) Where-
Sub-section 16 (8)- Omit sub-section.
After section 18-
Insert the following section: Regulations
"19. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters-
Law Reform Commission Act 1973 Section 3 (definitions of "Australian Public Service" and "Chairman") Omit the definitions.
Section 3 (definition of "Deputy Chairman")- Omit the definition, substitute the following definition: " 'Deputy President' means the Deputy President of the Commission;".
Section 3 (definition of "judicial office")-
Section 3 (definition of "member")- Omit the definition, substitute the following definitions: " 'member' means the President or another member of the Commission;
'President' means the President of the Commission;".
Section 3 (definition of "Territory")- Omit the definition.
Section 4- Omit "except Papua New Guinea".
Sub-section 11 (3)-
Paragraph 12 (1) (a)- Omit "Chairman", substitute "President".
Paragraph 12 (1) (b)- Omit "four", substitute "4".
Paragraph 12 (1) (d)- Omit "five", substitute "5".
Paragraph 12 (1) (f)- Omit "his", substitute "the person's".
Sub-sections 12 (3), (4), (5) and (8)- Omit "Chairman" (wherever occurring), substitute "President".
Sub-section 12 (3)- Omit "he", substitute "the President".
Sub-section 12 (6)- Omit "seven", substitute "7".
Sub-section 12 (7)- Omit "his", substitute "the member's".
Sub-section 12 (8)- Omit "him", substitute "the member".
Section 13-
Sub-section 14 (2)- Omit "Australia", substitute "the Commonwealth".
Section 15- Omit "Deputy Chairman" (wherever occurring), substitute "Deputy
President".
Sub-section 15 (3)- Omit "the Chairman" (wherever occurring), substitute "the President".
Paragraph 15 (3) (a)- Omit "Chairman", substitute "President".
Paragraph 15 (3) (b)- Omit "his office", substitute "the office of President".
Sub-section 16 (3)- Omit "1973", substitute "1973".
Paragraphs 17 (2) (a) and (b) and sub-section 17 (3)- Omit "his" (wherever occurring), substitute "the member's".
Section 18- Omit "his office by writing under his hand", substitute "the office of member by writing signed by the member and".
Sub-section 20 (1)-
Sub-section 20 (2)- Omit "three", substitute "3".
Sub-section 20 (4)-
Sub-sections 20 (5), (6) and (7)- Omit "the Chairman", substitute "the President".
Sub-sections 20 (5) and (6)- Omit "Deputy Chairman", substitute "Deputy President".
Paragraphs 21 (1) (a), (b) and (c)- Omit "the Chairman" (wherever occurring), substitute "the President".
Paragraph 21 (1) (b)- Omit "Deputy Chairman" (wherever occurring), substitute "Deputy President".
Sub-sections 21 (3), (6) and (7)- Omit "two", substitute "2".
Section 22- Omit "Chairman" (wherever occurring), substitute "President".
Sub-section 22 (1)- Omit "he", substitute "the President".
Section 23- Omit "Chairman" (wherever occurring), substitute "President".
Sections 24 and 25-Repeal the sections.
Section 26- Omit "1922-1973", substitute "1922".
Sub-section 27 (1)-
Paragraph 30 (d)- Omit "ten", substitute "10".
Section 31-Repeal the section.
Sections 33, 34 and 35- Repeal the sections, substitute the following section: Application of Division 3 of Part XI of Audit Act "33. It is hereby declared that the Commission is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.".
Section 36- Omit "law, including a law of a State", substitute "law of the Commonwealth, a State or a Territory".
Section 37-
Life Insurance Act 1945 Paragraph 4 (4) (a)-
Paragraph 4 (4) (b)- Insert "part of" after "were".
Sub-section 4 (4)-
Omit "or a class of life insurance business", substitute "part of that other class of life insurance business or part of that class of life insurance business".
Section 20-Repeal the section.
Life Insurance Amendment Act 1977 Sub-section 7 (1)- Omit ", 20".
Liquefied Petroleum Gas (Grants) Act 1980 Section 3 (definition of "officer")- Omit "of Industry and Commerce".
Sub-section 6A (7)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Liquid Fuel Emergency Act 1984 Sub-section 3 (1) (paragraph (c) of the definition of "Energy Minister")- Omit "and Local Government".
Sub-section 3 (1) (paragraph (d) of the definition of "Energy Minister")- Omit "and Technology".
Sub-section 43 (3)-
Live-stock Slaughter (Export Inspection Charge) Collection Act 1979 Sub-section 6 (5)- Omit "him", substitute "that person".
Sub-section 6 (7)- Omit "of his", substitute "that person's".
Sub-section 6 (8)-
Sub-section 8 (1)- Omit "his", substitute "the".
Sub-section 8 (2)-
Sub-section 8 (3)- Insert "or her" after "his".
Sub-section 8 (4)- Omit "$100", substitute "$1,000".
Section 9-
Sub-section 10 (4)- Omit "he", substitute "the authorized person".
Sub-section 10 (5)- Omit "$200", substitute "$1,000 or imprisonment for 6 months, or both".
After section 10- Insert the following sections:
Reconsideration and review of certain decisions "10A. (1) In this section, unless the contrary intention appears- 'decision' has the same meaning as in the Administrative Appeals Tribunal
Act 1975; 'relevant decision' means a decision of an authorized officer under sub-section 8 (3); 'reviewable decision' means-
"(2) Subject to sub-section (3), a person affected by a relevant decision may request the Minister to reconsider the decision.
"(3) The request shall-
expiration of that period of 28 days), by notice in writing served on the person, allows; and
(b) shall set out the reasons for making the request.
"(4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may-
"(5) Where, pursuant to a request under sub-section (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.
"(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.
Statements to accompany notification of certain decisions
"10B. (1) In this section, 'decision', 'relevant decision' and 'reviewable decision' have the same respective meanings as in section 10A.
"(2) Where an authorized officer makes a relevant decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that a person affected by the decision-
"(3) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may, if the person is dissatisfied with the decision, apply to the Administrative Appeals Tribunal for review of the decision.
"(4) Any failure to comply with the requirements of sub-section (2) or (3) in relation to a decision does not affect the validity of the decision.".
Paragraph 11 (f)- Omit "$200", substitute "$500".
Management and Investment Companies Act 1983 Sub-section 3 (1) (definition of "business day")-
Omit the definition, substitute the following definition:
" 'business day', in relation to an act or thing, means a day that is not-
Paragraph 21 (4) (a)-
Omit "October in any year-31 October", substitute "December in any year-31 December".
Paragraph 21 (4) (b)- Omit "31 October", substitute "31 December".
Sub-section 29 (3)-
Omit "10 days after the date", substitute "10 business days after the day".
Sub-section 29 (5)-
Omit "10 days after the date on", substitute "10 business days after the day of".
Section 41- Omit "2 months", substitute "4 months".
Maritime College Act 1978 Section 30-Repeal the section.
Meat Export Charge Collection Act 1984 After section 12- Insert the following sections:
Reconsideration and review of certain decisions
"12A. (1) In this section, unless the contrary intention appears-
'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975;
'relevant decision' means a decision of an authorized officer under sub-section 9 (2);
'reviewable decision' means-
"(2) Subject to sub-section (3), a person affected by a relevant decision may request the Minister to reconsider the decision.
"(3) The request shall-
"(4) The Minister shall, within 45 days after receipt of the request, reconsider the relevant decision and may-
"(5) Where, pursuant to a request under sub-section (2), the Minister reconsiders a relevant decision, the Minister shall, by notice in writing served on the person who made the request, inform the person of the result of the reconsideration.
"(6) Applications may be made to the Administrative Appeals Tribunal for review of reviewable decisions.
Statements to accompany notification of certain decisions
"12B. (1) In this section, 'decision', 'relevant decision' and 'reviewable decision' have the same respective meanings as in section 12A.
"(2) Where an authorized officer makes a relevant decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that a person affected by the decision-
"(3) Where the Minister makes a reviewable decision and gives to a person whose interests are affected by the decision notice in writing of the making of the decision, the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may, if the person is dissatisfied with the decision, apply to the Administrative Appeals Tribunal for review of the decision.
"(4) Any failure to comply with the requirements of sub-section (2) or (3) in relation to a decision does not affect the validity of the decision.".
Meat Inspection Act 1983 Sub-sections 22 (1) and (2)- Omit "he", substitute "the person".
Sub-section 23 (1)- Insert "or her" after "his" (wherever occurring).
Sub-sections 25 (3), (6) and (8)- Omit "he" (wherever occurring), substitute "the authorized officer".
Sub-section 25 (8)- Insert "or her" after "his".
Sub-section 26 (1)- Omit "he" (wherever occurring), substitute "the authorized officer".
Section 27- Omit "his" (wherever occurring), substitute "the authorized officer's".
Sub-section 28 (1)- Omit "his", substitute "the authorized officer's".
Sub-section 28 (2)- Insert "or her" after "his".
Sub-section 30 (3)- Omit "him", substitute "the Secretary".
Sub-section 31 (1)-
Section 32- Omit "him", substitute "the Secretary".
Sub-section 33 (1)- Omit "him", substitute "the Secretary".
Sub-section 33 (2)-
Sub-section 33 (3)- Omit "him" (wherever occurring), substitute "the person".
Section 34- Omit "him" (wherever occurring), substitute "the authorized officer".
Sub-section 35 (1)-
Merit Protection (Australian Government Employees) Act 1984 Sub-paragraph 85 (1) (k) (iii)- Omit the sub-paragraph, substitute the following sub-paragraph: "(iii) persons who are employed under section 42 of the Naval Defence Act 1910;".
Mount Stromlo Observatory Act 1956 Section 7-Repeal the section.
Museum of Australia Act 1980 Section 40-Repeal the section.
Narcotic Drugs Act 1967 Section 6, sub-sections 22 (3), 24 (2) and 25 (1), (2) and (3)- Omit "Industry and Commerce", substitute "Industry, Technology and Commerce".
National Gallery Act 1975 After the definition of "Director" in section 3-
Insert the following definition:
" 'Fund' means the Australian National Gallery Fund established by sub-section 36 (1);".
Section 3 (definition of "national collection")-
Add at the end of the definition "other than a work of art that is acquired, commissioned or produced by the Gallery for the purposes of sale".
Section 3 (definition of "Secretary and Manager")- Omit the definition.
Section 3-
Add at the end the following sub-section:
"(2) A reference in this Act to any land or building owned by, or under the control of, the Gallery includes a reference to a part of any such land or a part of any such building, as the case may be.".
Sub-section 4 (4)- Insert "imprint of the" after "notice of the".
Paragraph 7 (2) (a)- Insert "to commission or produce," after "hire,".
Paragraph 7 (2) (b)-
Omit the paragraph, substitute the following paragraph:
"(b) to make available (whether by hire, loan, sale or otherwise) works of art;".
Paragraph 7 (2) (d)- Insert "hire, loan," after "by".
After paragraph 7 (2) (d)-
Insert the following paragraph:
"(da) to make available (whether for reward or otherwise) services in relation to the visual arts (whether with or without the supply of goods),
including the carrying out of investigations and the giving of advice;".
Paragraph 7 (2) (e)- Insert "hire, loan," after "by".
After paragraph 7 (2) (g)- Insert the following paragraphs: "(ga) to grant (whether for reward or otherwise) rights to use any land or
building owned by, or under the control of, the Gallery; (gb) to fix charges for entry onto any land, or into any building, owned by, or under the control of the Gallery, being charges that-
Paragraph 7 (2) (j)- Omit "Australia" (wherever occurring), substitute "the Commonwealth".
Sub-section 7 (3)- Insert "in the national collection" after "art".
Sub-section 7 (4)- Insert "but subject to sections 36 and 39," after "Act,".
Section 8- Omit "Australia" (wherever occurring), substitute "the Commonwealth".
Sub-section 9 (2)- Omit the sub-section.
Section 10- Repeal the section, substitute the following section: Exchange of works of art
"10. (1) Where the Council is satisfied that the exchange of a work of art in the national collection for another work of art would be advantageous to the collection, the Gallery may make that exchange.
"(2) An agreement for an exchange under sub-section (1) may include an undertaking by one party to pay an amount to the other party in recognition of the difference in value between the works of art to be exchanged.".
Sub-sections 11 (8), (9) and (13)- Omit "Australia" (wherever occurring), substitute "the Commonwealth".
Sub-section 11 (14)- Omit "1955-1974", substitute "1955".
Sub-section 11 (16)- Omit "1955-1974", substitute "1955".
Sub-section 13 (5)- Omit the sub-section.
Sub-section 16 (3)- Omit "1973-1974", substitute "1973".
Paragraph 17 (2) (c)- Insert ",without reasonable excuse," after "fails".
Section 19-
Repeal the section, substitute the following section: Disclosure of interests
"19. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Council.
"(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member shall not-
Section 22-
Repeal the section, substitute the following section: Delegation
"22. (1) The Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to the Chairman, the Director or any other member of the Council or to a member of the staff of the Gallery, all or any of its powers under this Act or the regulations, other than this power of delegation.
"(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Council.
"(3) A delegation of a power under this section-
"(4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.
"(5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
"(6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.".
Heading to Part IV- Omit the heading, substitute the following heading: "PART IV-THE DIRECTOR".
Section 23-Repeal the section.
Section 25-Repeal the section.
Sub-sections 26 (1) and (2)- Omit "A prescribed officer", substitute "The Director".
Sub-section 26 (3)- Omit "a prescribed officer" (wherever occurring), substitute "the Director".
Sub-sections 27 (1) and (2)- Omit "A prescribed officer", substitute "The Director".
Sub-section 27 (3)- Omit "1973-1974", substitute "1973".
Section 28- Omit "a prescribed officer", substitute "the Director".
Sub-sections 29 (1) and (2)- Omit "a prescribed officer", substitute "the Director".
After paragraph 29 (2) (a)- Insert the following paragraphs: "(aa) fails, without reasonable excuse, to comply with section 19 or
sub-section (3) of this section; (ab) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council;".
Sub-section 29 (3)-
Omit the sub-section, substitute the following sub-section:
"(3) The Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the Director has or acquires in any business or in any body corporate carrying on any business.".
Section 30- Omit "A prescribed officer", substitute "The Director".
Sections 31 and 32-
Repeal the sections, substitute the following section: Acting Director
"31. (1) The Minister may appoint a person to act in the office of Director-
"(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(3) Where a person is acting in the office of Director in accordance with paragraph (1) (b) and the office becomes vacant while the person is so acting, then, subject to sub-section (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
"(4) The Minister may-
"(5) While a person is acting in the office of Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director under this Act and the regulations.
"(6) A person appointed under sub-section (1) may resign the appointment by writing signed by the person and delivered to the Minister.
"(7) The validity of anything done by or in relation to a person purporting to act in the office of Director shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.".
Section 36-
Repeal the section, substitute the following section: Australian National Gallery Fund
"36. (1) There is established by this sub-section a fund, to be known as the Australian National Gallery Fund.
"(2) Income received from the investment of money standing to the credit of the Fund forms part of the Fund.
"(3) There shall be paid into the Fund-
Section 37-
Insert "(including money standing to the credit of the Fund)" after "Gallery" (first occurring).
Paragraph 38 (a)- Omit "$100,000", substitute "$450,000".
Paragraphs 38 (b) and (d)- Omit "$50,000", substitute "$100,000".
Sections 39 and 40-
Repeal the sections, substitute the following sections: Investment
"39. Money (including money standing to the credit of the Fund) held by the Gallery otherwise than on trust that is not immediately required for the purposes of the Gallery may be invested-
Application of Division 3 of Part XI of Audit Act "40. It is hereby declared that the Gallery is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.".
Section 41- Omit "Australia", substitute "the Commonwealth".
Sections 42, 43 and 44-Repeal the sections.
Paragraph 46 (c)- Omit "$100", substitute "$500".
National Health Act 1953
Sub-section 4 (1) (definition of "Secretary")- Omit the definition, substitute the following definition: " 'Secretary'-
Sub-section 40AD (4)- Omit "$40", substitute "$200".
Sub-section 41 (3)-Add at the foot the following: "Penalty: $200.".
Sub-section 41 (5)-
Omit "Penalty: $40.", substitute "Penalty for contravention of this sub-section: $200.".
Section 42- Omit "Penalty: $1,000.", substitute "Penalty for contravention of this sub-section: $1,000.".
Section 43- Omit "$40", substitute "$200".
Sub-section 45C (4)- Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Sub-section 50 (1)- Omit "$100", substitute "$1,000".
Section 58H- Omit "Forty dollars", substitute "$1,000".
Section 60B- Omit "$100", substitute "$1,000".
Sub-section 62 (1)- Omit "5 years", substitute "5 years, or both".
Sub-section 62 (2)- Omit "5 years", substitute "5 years, or both".
Sub-section 74 (1)- Omit "Two hundred dollars", substitute "$1,000".
Sub-section 74 (5)- Omit "$2,000", substitute "$5,000".
Sub-section 74 (6)- Omit "Two hundred dollars", substitute "$1,000".
Sub-section 74 (7)- Omit "Two hundred dollars", substitute "$1,000".
Sub-section 74 (9)- Omit "$200", substitute "$1,000".
Sub-section 75 (5)- Omit "Two hundred dollars or imprisonment for six months", substitute "$1,000 or imprisonment for 6 months, or both".
Section 76- Omit "Two hundred dollars", substitute "$1,000".
Sub-section 82 (1)- Omit "Penalty: Two hundred dollars or imprisonment for six months.".
Sub-section 82 (2)- Omit "Penalty: Two hundred dollars or imprisonment for six months.".
Sub-section 82 (3)- Omit "Penalty: $200 or imprisonment for 6 months.".
Section 82- Omit "Penalty: Two hundred dollars or imprisonment for six months." (last
occurring), substitute "Penalty: $10,000 or imprisonment for 5 years, or
both.".
Sub-section 82U (1)- Omit "3 months", substitute "6 months, or both".
Sub-section 82V (5)- Omit "3 months", substitute "6 months, or both".
Sub-section 82Y (1)- Omit "3 months", substitute "6 months, or both".
Section 92B- Omit "Ten dollars", substitute "$2,000".
Sub-section 98 (2)- Omit "Twenty dollars", substitute "$1,000".
Sub-section 98AA (2)- Omit "$20", substitute "$1,000".
Sub-section 103 (1)-Add at the foot the following: "Penalty: $1,000.".
Sub-section 103 (2)-Add at the foot the following: "Penalty: $2,000 or imprisonment for 12 months, or both.".
Sub-section 103 (3)-
Add at the foot the following:
"Penalty: $2,000 or imprisonment for 12 months, or both.".
Sub-section 103 (4)-
Add at the foot the following:
"Penalty: $5,000 or imprisonment for 2 years, or both.".
Sub-section 103 (4A)-
Add at the foot the following:
"Penalty: $5,000 or imprisonment for 2 years, or both.".
Sub-section 103 (4B)-
Add at the foot the following:
"Penalty: $5,000 or imprisonment for 2 years, or both.".
Section 103-
Omit "Penalty: $1,000 or imprisonment for 6 months, or both.", substitute "Penalty for contravention of this sub-section: $5,000 or imprisonment for 2 years, or both.".
Section 104-
Omit "Penalty: Two hundred dollars or imprisonment for six months." (last occurring), substitute "Penalty for contravention of this sub-section: $2,000 or imprisonment for 12 months, or both.".
Sub-section 128 (1)-
Omit "Two hundred dollars or imprisonment for six months", substitute "$1,000 or imprisonment for 6 months, or both".
Sub-section 129 (1)-
Omit "Two hundred dollars or imprisonment for six months", substitute "$1,000 or imprisonment for 6 months, or both".
Section 134-
Omit "Two hundred dollars or imprisonment for six months", substitute "$5,000 or imprisonment for 2 years, or both".
Sub-section 135A (1)-
Omit "$2,000 or imprisonment for 12 months", substitute "$5,000 or imprisonment for 2 years, or both".
Sub-section 135A (9)-
Omit "$2,000 or imprisonment for 12 months", substitute "$5,000 or imprisonment for 2 years, or both".
Sub-section 135B (1)- Omit "or 135A", substitute ", 82, 103, 134 or 135A".
Paragraph 135B (3) (a)-Insert "or 82" after "section 62".
Paragraph 135B (3) (b)- Omit "section 135A", substitute "section 103, 134 or 135A".
Paragraph 140 (b)-
Omit "One hundred dollars or imprisonment for a period not exceeding three months, or both,", substitute "$2,000".
National Library Act 1960 Section 17F- Repeal the section.
National Measurement Act 1960 Sub-section 3 (3)- Insert "of" after "standard" (last occurring).
Sub-section 18A (9)- Omit the sub-section.
Naval Defence Act 1910 Section 42B- Repeal the section.
Navigation Act 1912 After the definition of "Government ship" in sub-section 6 (1)-
Insert the following definition:
" 'Great Barrier Reef Region' has the same meaning as in the Great Barrier Reef Marine Park Act 1975;".
Section 6-
Add at the end the following sub-section:
"(7) For the purposes of this Act, a port in the Great Barrier Reef Region shall be taken to be a port in Australia.".
Sub-section 267 (2)-
Sub-section 267A (1)- Insert "and 22 to 25 (inclusive)" after "(inclusive)".
Sub-section 426 (3)-
Norfolk Island Act 1979 Paragraphs 38 (a) and 39 (2) (b)- Omit the paragraphs.
Northern Territory (Self-Government) Act 1978 Paragraph 20 (a)- Omit all the words after "citizen".
Paragraph 21 (2) (b)- Omit all the words after "be", substitute "an Australian citizen".
Section 39-Repeal the section.
Nursing Homes Assistance Act 1974 Sub-section 3 (1) (definition of "Secretary")- Omit "of", substitute "to".
Sub-section 31A (4)-
Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism".
Office of National Assessments Act 1977 Section 18-Repeal the section.
Ombudsman Act 1976 Section 32-Repeal the section.
Overseas Telecommunications Act 1946 Sub-section 18 (10)- Omit the sub-section.
Passports Act 1938 Sub-section 9 (1)- Omit "sub-section", substitute "section".
Passports Amendment Act 1984 Schedule 2- Omit "Paragraph 7 (1) (a)", substitute "Paragraph 7C (1) (a)".
Patents Act 1952 Sub-section 16 (1)-
Add at the foot the following:
"Penalty: $1,000 or imprisonment for 6 months, or both.".
Sub-section 16 (2)-
Omit "Penalty: $100.", substitute the following:
"Penalty for contravention of this sub-section:
Section 17- Omit "$100", substitute "$1,000 or imprisonment for 6 months, or both".
Sub-section 18 (1)- Omit "$200", substitute "$2,000".
Section 19-
Repeal the section, substitute the following section: Officers not to furnish information, &c.
"19. (1) An officer or person employed in the Patent Office who, except when required or authorized by this Act, or under a direction in writing of the Commissioner or by order of a court, furnishes information on a matter that is being, or has been, dealt with under this Act or under the repealed Acts, is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.
"(2) An officer or person employed in the Patent Office who, except when required or authorized by this Act, or under a direction in writing of the Commissioner or by order of a court-
Sub-section 34 (1)- Omit "a British subject", substitute "an Australian citizen".
After paragraph 54B (1) (e)- Insert the following paragraph: "(ea) the abstract of the complete specification;".
After paragraph 54B (2) (b)- Insert the following paragraph: "(ba) the abstract of the petty patent specification;".
Paragraphs 55 (1) (c) and (cb)- Insert "or an abstract of such a specification" after "inspection".
Sub-section 131 (2)- Omit all the words after "sub-section (1).", substitute the following: "Penalty:
Paragraph 133 (3) (a)- Omit the paragraph, substitute the following paragraph: "(a) is an Australian citizen;".
Sub-sections 136 (1) and (2)- Omit "$200", substitute "$1,000".
Sub-section 136 (3)- Omit "$200", substitute "$5,000".
Sub-section 136 (4) and section 137- Omit "$200", substitute "$1,000".
Section 139- Omit "$100", substitute "$500".
Sub-section 173 (1)- Omit "Penalty: $40.", substitute the following: "Penalty:
Sub-section 173 (2)- Omit "Penalty: $40.", substitute the following: "Penalty:
Sub-section 174 (1)- Omit "Penalty: $200.", substitute the following: "Penalty:
Sub-section 174 (2)- Omit "Penalty: $200.", substitute the following: "Penalty:
Paragraph 177 (1) (c)- Omit the paragraph, substitute the following paragraph: "(c) prescribing penalties for offences against the regulations not
exceeding
Pay-roll Tax (Territories) Assessment Act 1971 Sub-section 70 (1A)- Omit "and Local Government". Petroleum Retail Marketing Franchise Act 1980 Paragraph 17 (5) (a)- Omit "to enter into negotiations for an agreement", substitute "to enter into an agreement, or negotiations for an agreement,". Pipeline Authority Act 1973 Section 24-Repeal the section. Pork Promotion Act 1975 Sub-section 14A (3)- Omit the sub-section. Port Statistics Act 1977 Section 3 (definition of "Secretary")- Omit "of", substitute "to". Postal Services Act 1975 Sub-section 115 (4)-
Omit "(a copy of the English text of which, apart from Annexes III, IV and V to it, is set out in Schedule 1)", substitute "as corrected by the Proc#es-Verbal of Rectification dated 13 June 1978 (a copy of the English text of which, apart from Annexes III, IV and V, as so corrected is set out in Schedule 1), as affected by any amendment, other than an amendment not accepted by Australia, made under Article 16 of the Convention". Sub-section 3 (1) (definition of "the 1978 Protocol")-
Add at the end of the definition "as affected by-
(a) the amendments to the Annex of the Protocol adopted on 7 September 1984
(a copy of the English text of which amendments is set out in Schedule 3); and
(b) any other amendment to the Protocol, other than an amendment not accepted by Australia, made under Article VI of the Protocol". Sub-section 3 (1)-
Add at the end the following definition: " 'Tonnage Measurement Convention' has the same meaning as in Part XA of the Navigation Act 1912.".
Section 3- Add at the end the following sub-section: "(4) Where, at any time, the gross tonnage applicable to a ship has been
determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the gross tonnage of a ship not expressed in tons shall be taken to be a reference to the gross tonnage of the ship expressed in tons.". Sub-section 9 (4)-
Omit the sub-section, substitute the following sub-section: "(4) Without limiting the generality of sub-section (2) but subject to sub-section (5), sub-section (1) does not apply to-
(iii) the instantaneous rate of discharge of oil content does not exceed 60 litres per nautical mile;
(iii) the oil content of the effluent is less than 100 parts in 1,000,000 parts;
(iv) the ship has in operation an oil discharge monitoring and control system, oily-water separating equipment, oil filtering equipment or other installation as required by regulations made by virtue of section 267A of the
Navigation Act 1912;
(iii) the ship has in operation oil filtering equipment as required by regulations made by virtue of section 267A of the Navigation Act 1912;
(iii) the ship has in operation oil filtering equipment as required by regulations made by virtue of section 267A of the Navigation Act 1912;
"11. (1) Where a prescribed incident occurs in relation to an Australian ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty: $5,000.
"(2) In a prosecution of a person for an offence against sub-section (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the sub-section in relation to the incident.
"(3) Where a prescribed incident occurs in relation to an Australian ship and-
"(4) In a prosecution of a person for an offence against sub-section (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves-
"(5) Sub-section (4) shall not be taken to limit by implication any defence that would, but for that sub-section, be available to a person charged with an offence against sub-section (3).
"(6) A master of a ship who, pursuant to sub-section (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(7) Where sub-section (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that sub-section, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(8) A person shall not, in a notice given to a prescribed officer pursuant to sub-section (1) or (3) or in a report furnished to a prescribed officer pursuant to sub-section (6) or (7), make a statement that is false or misleading in a material particular.
Penalty: $5,000.
"(9) A notice given to a prescribed officer pursuant to sub-section (1) or (3), and a report furnished to a prescribed officer pursuant to sub-section (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against sub-section 9 (1).
"(10) In this section, 'prescribed incident', in relation to a ship, means-
Sub-sections 12 (1), (2) and (3)- Omit the sub-sections, substitute the following sub-sections: "(1) This section applies to an Australian ship that-
"(2) Every ship to which this section applies shall carry such oil record books as are required by the regulations to be carried on the ship.
"(3) An oil record book shall be in accordance with the appropriate prescribed form with provision made for a signature, in accordance with sub-section (6), in relation to each entry made in it and for a signature, in accordance with sub-section (7), in relation to each page of it.". Sub-sections 12 (4) and (5)-
Omit "an Australian ship", substitute "a ship". Section 12-
Add at the end the following sub-section:
"(7) Where a page of a ship's oil record book is completed, the master of the ship shall, without delay, sign the page.
Penalty: $5,000.".
Section 13-
Omit "an Australian ship", substitute "a ship". Sub-sections 14 (1), (3), (5) and (6)-
Omit "an Australian ship", substitute "a ship". Section 22-
Repeal the section, substitute the following section: Duty to report certain incidents involving certain substances
"22. (1) Where a prescribed incident occurs in relation to an Australian ship, the master of the ship shall, without delay, notify, in the prescribed manner, a prescribed officer of the incident.
Penalty: $5,000.
"(2) In a prosecution of a person for an offence against sub-section (1) in relation to a prescribed incident, it is a defence if the person proves that the person was unable to comply with the sub-section in relation to the incident.
"(3) Where a prescribed incident occurs in relation to an Australian ship and-
"(4) In a prosecution of a person for an offence against sub-section (3) in relation to a prescribed incident in relation to a ship, it is a defence if the person proves-
"(5) Sub-section (4) shall not be taken to limit by implication any defence that would, but for that sub-section, be available to a person charged with an offence against sub-section (3).
"(6) A master of a ship who, pursuant to sub-section (1), has notified a prescribed officer of the occurrence of a prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the prescribed form.
Penalty: $5,000.
"(7) Where sub-section (3) applies in relation to a prescribed incident in relation to a ship, a person who, pursuant to that sub-section, has notified a prescribed officer of the occurrence of the prescribed incident shall, if so requested by a prescribed officer, furnish, within the prescribed time, a report to a prescribed officer in relation to the incident in accordance with the
prescribed form.
Penalty: $5,000.
"(8) A person shall not, in a notice given to a prescribed officer pursuant to sub-section (1) or (3) or in a report furnished to a prescribed officer pursuant to sub-section (6) or (7), make a statement that is false or misleading in a material particular.
Penalty: $5,000.
"(9) A notice given to a prescribed officer pursuant to sub-section (1) or (3), and a report furnished to a prescribed officer pursuant to sub-section (6) or (7), shall not, without the consent of the person charged, be admitted in evidence in a prosecution for an offence against sub-section 21 (1).
"(10) In this section-
'liquid substance' does not include a substance listed in Appendix III to Annex II;
'prescribed incident', in relation to a ship, means-
but does not include a discharge or other incident that occurs in-
Sub-section 23 (8)-
Omit the sub-section, substitute the following sub-section:
"(8) Where a page of a ship's cargo record book is completed, the master of
the ship shall, without delay, sign the page. Penalty: $5,000.". Section 24- Omit "an Australian ship", substitute "a ship". Sub-sections 25 (1), (3), (5) and (6)- Omit "an Australian ship" (wherever occurring), substitute "a ship". Sub-section 34 (3)-
"parallel".
Insert the Schedule set out in Schedule 3 to this Act. Public Service Act 1922 Sub-sections 11 (6) and (7)- Omit the sub-sections.
Paragraph 22B (14) (c)- Omit the paragraph, substitute the following paragraph: "(c) persons who are employed under section 42 of the Naval Defence Act
1910;". Paragraph 22C (13) (c)-
Omit the paragraph, substitute the following paragraph:
"(c) persons who are employed under section 42 of the Naval Defence Act 1910;". Sub-section 51A (1)-
Omit "who occupies another office in that Department or an office in", substitute "performing duties in that Department or". Section 56A (paragraph (a) of the definition of "Minister")-
Omit "Permanent Head", substitute "Secretary". Schedules 2 and 3- Omit the Schedules, substitute the following Schedules: "SCHEDULE 2 Sections 7 and 10
DEPARTMENTS The Department of the Senate The Department of the House of Representatives The Department of the Parliamentary Library The Department of the Parliamentary Reporting Staff The Joint House Department The Department of Aboriginal Affairs The Department of Arts, Heritage and Environment The Attorney-General's Department The Department of Aviation The Department of Communications The Department of Community Services The Department of Defence The Department of Education The Department of Employment and Industrial Relations The Department of Finance The Department of Foreign Affairs The Department of Health
The Department of Housing and Construction
The Department of Immigration and Ethnic Affairs
The Department of Industry, Technology and Commerce
The Department of Local Government and Administrative Services
The Department of Primary Industry
The Department of the Prime Minister and Cabinet
The Department of Resources and Energy
The Department of Science
The Department of Social Security
The Department of the Special Minister of State
The Department of Sport, Recreation and Tourism
The Department of Territories
The Department of Trade
The Department of Transport
The Department of the Treasury
The Department of Veterans' Affairs SCHEDULE 3 Section 25 SECRETARIES OF DEPARTMENTS
The Clerk of the Senate
The Clerk of the House of Representatives
The Parliamentary Librarian
The Principal Parliamentary Reporter
The Secretary to the Joint House Department
The Secretary to the Department of Aboriginal Affairs
The Secretary to the Department of Arts, Heritage and Environment
The Secretary to the Attorney-General's Department
The Secretary to the Department of Aviation
The Secretary to the Department of Communications
The Secretary to the Department of Community Services
The Secretary to the Department of Defence
The Secretary to the Department of Education
The Secretary to the Department of Employment and Industrial Relations
The Secretary to the Department of Finance
The Secretary to the Department of Foreign Affairs
The Secretary to the Department of Health
The Secretary to the Department of Housing and Construction
The Secretary to the Department of Immigration and Ethnic Affairs
The Secretary to the Department of Industry, Technology and Commerce
The Secretary to the Department of Local Government and Administrative Services
The Secretary to the Department of Primary Industry
The Secretary to the Department of the Prime Minister and Cabinet
The Secretary to the Department of Resources and Energy
The Secretary to the Department of Science
The Secretary to the Department of Social Security The Secretary to the Department of the Special Minister of State The Secretary to the Department of Sport, Recreation and Tourism The Secretary to the Department of Territories The Secretary to the Department of Trade The Secretary to the Department of Transport The Secretary to the Department of the Treasury The Secretary to the Department of Veterans' Affairs".
Public Service Reform Act 1984 Schedule 4, Item 3, proposed amendments of the Health Insurance Act 1973- Omit " 'registered person' ", substitute " 'registered nurse' ". Schedule 4, Item 3, proposed amendments of Nursing Homes Assistance Act 1974- Omit "sub-section 4 (1)", substitute "sub-section 3 (1)". Public Works Committee Act 1969 Sub-section 18 (8)- Omit "Two million dollars", substitute "$6,000,000". Radiocommunications Act 1983 Sub-section 3 (1) (definition of "physical quantity")- Omit "Weights and Measures (National Standards) Act 1960", substitute "National Measurement Act 1960". Re-establishment and Employment Act 1945 Sub-section 150 (3)- Omit "Social Security", substitute "Community Services". Removal of Prisoners (Australian Capital Territory) Act 1968 Sub-section 3 (1) (definition of "authorized person")-
Omit "Court of Petty Sessions", substitute "Magistrates Court". Sub-section 3 (1) (definition of "magistrate")-
Sub-section 5 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 6 (2)- Omit "the last preceding sub-section", substitute "sub-section (1)".
Sub-section 7 (1)-
Omit "1923-1968", substitute "1923". Sub-section 7 (2)-
Omit "Federal", substitute "federal". Paragraph 11 (b)-
Paragraph 3 (4) (p)-
Omit the paragraph, substitute the following paragraph:
"(p) persons who are employed under section 42 of the Naval Defence Act
1910;". Reserve Bank Act 1959 Section 22- Repeal the section, substitute the following section: Deputy Secretary may attend meetings of Board
"22. A Deputy Secretary in the Department nominated in writing for the purpose by the Secretary to the Department may attend a meeting of the Board at which the Secretary is not present and, where the Deputy Secretary attends a meeting pursuant to this section, the Deputy Secretary shall, for the purposes of this Part, be deemed to be a member of the Board.". Section 88-
Repeal the section. Sales Tax (Exemptions and Classifications) Act 1935 Item 123A in First Schedule-
Omit "Director-General of Health", substitute "Secretary to the Department of Health". Item 135A in First Schedule-
Omit "Social Security", substitute "Community Services". Science and Industry Research Act 1949
Section 55-Repeal the section. Seat of Government (Administration) Act 1910 Sub-section 12 (2C)- Omit "of State for Administrative Services", substitute "for Sport,
Recreation and Tourism". Sex Discrimination Act 1984
Sub-section 44 (1)- Omit the sub-section, substitute the following sub-section: "(1) The Commissioner may, on application by-
Statutory Rules Publication Act 1903 Sub-section 5 (3B)- Omit "of State for Administrative Services", substitute "for Sport, Recreation and Tourism". Supply and Development Act 1939
Before the definition of "goods" in section 4- Insert the following definitions: " 'Australia' includes the external Territories;
'Defence Act' means the Defence Act 1903;". After the definition of "long range weapons" in section 4- Insert the following definition:
" 'officer' means an officer as defined in sub-section 7 (1) of the Public Service Act 1922;". Section 4 (definition of "the Defence Act")-
Omit the definition. Section 4 (definition of "undertaking")- Omit "Australia", substitute "the Commonwealth". Section 4 (definition of "war")- Omit "or any Territory". Sub-section 5 (1)-
Omit "a preceding paragraph of this sub-section", substitute "paragraph (a), (b), (c) or (e)". Sub-section 5 (2)-
Omit "from time to time", substitute ", by instrument signed by the Governor-General". Sub-section 6 (1)-
Omit "Australia", substitute "the Commonwealth".
Sub-sections 6 (4) and (5)- Omit the sub-sections, substitute the following sub-sections: "(4) An offence against this section is an indictable offence and, subject to
sub-sections (5) and (6), is punishable on conviction by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.
"(5) Notwithstanding that an offence against this section is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(6) Where, in accordance with sub-section (5), a court of summary jurisdiction convicts a person of an offence against this section, the penalty that the court may impose is a fine not exceeding $500 or imprisonment for a period not exceeding 3 months, or both.". Section 7-
"(3) In this section, 'State' includes the Northern Territory.". Sub-section 10 (1)-
Sub-section 10 (2)-
Omit "Commonwealth Public Service Act 1922-1937", substitute "Public Service Act 1922". Sub-section 11 (1)-
Omit "of State" (wherever occurring). Sub-section 12 (2)-
Repeal the section. Section 14-
Omit "Australia or of a State", substitute "the Commonwealth or of a State or a Territory". Paragraph 27 (1) (c)-
Omit the paragraph. Paragraph 27 (1) (e)-
Omit "Australia or of a State", substitute "the Commonwealth or of a State or Territory". Sub-section 27 (3) (definition of "employee")-
Omit the definition, substitute the following definition: " 'employee' does not include a person who is an officer;". Sub-section 27 (3) (definition of "trade union")-
Omit "the law of Australia or of a State", substitute "a law of the Commonwealth or of a State or Territory". Taxation Administration Act 1953 Section 4- Omit "two", substitute "2". Sub-section 5 (3)- Omit "1922-1953", substitute "1922". Sub-section 5A (3)- Omit "1973-1974", substitute "1973". Sub-section 8J (2)- Omit "incudes", substitute "includes". Paragraph 8Z (1) (e)- Omit "or (c)", substitute ", (c) or (d)". Section 14A (definition of "Australian tax")- Omit "Australia", substitute "the Commonwealth". Section 14A (definition of "Board of Review")- Omit "1936-1974", substitute "1936".
Section 14A (definition of "taxation law")- Omit "Australia", substitute "the Commonwealth". Paragraph 14B (1) (a)- Omit "1959-1974", substitute "1959". Paragraph 14B (1) (b)-
Omit "Australia" (wherever occurring), substitute "the Commonwealth".
Sub-section 14H (1)- Omit "(4) of section 14G", substitute "14G (4)".
Sub-section 14H (3)- Omit "(2) of section 14C", substitute "14C (2)".
Sub-section 14I (2)- Omit "(c) of sub-section (1)", substitute "(1) (c)".
Sub-section 14I (3)- Omit "(b) of sub-section (1)", substitute "(1) (b)".
Section 14M-Repeal the section.
Sub-section 14P (1)- Omit "the date of commencement of this section", substitute "15 May 1979".
Sub-section 17 (1) (definition of "the previous currency")- Omit "1909-1947", substitute "1909".
Sub-section 17 (3)-
Taxation Laws Amendment Act 1984 Paragraph 190 (b)- Insert "(wherever occurring)" after " 'against' ".
Section 339- Insert "(wherever occurring)" after "charge' ".
Paragraph 378 (b)-Insert "the" after "sub-section (1)".
Sub-section 382 (6)- Insert "made" after "Principal Act".
Schedule 6, amendment of paragraph 251K (2A) (b) of the Income Tax Assessment Act 1936- Omit the amendment.
Schedule 7, amendment of paragraph 16 (4) (i) of the Income Tax Assessment Act 1936- Re-letter proposed paragraph (ha) as paragraph (hb).
Tobacco Charges Assessment Act 1955 Paragraph 27 (3C) (c)-Add at the end thereof "or".
Paragraph 27 (3C) (d)-Insert "of" after "sub-section 47 (2)".
Tobacco Marketing Act 1965 Sub-section 17 (3)- Omit the sub-section.
Trade Commissioners Act 1933 Before the definition of "Assistant Trade Commissioner" in section 2-
Insert the following definition:
" 'appoint' includes re-appoint;".
Section 2 (definition of "the Public Service Board")-
Omit the definition, substitute the following definition:
" 'determination' means a determination under section 11;".
Section 3-
"(2) Subject to this Act, a Trade Commissioner or Assistant Trade Commissioner holds office for such period as is specified in the instrument of his or her appointment, but is eligible for re-appointment.".
Sub-section 4 (1)-
Sub-section 4 (2)- Omit the sub-section.
After section 4-
Insert the following section: Resignation
"4A. A Trade Commissioner or Assistant Trade Commissioner may resign his or her office by writing signed by the Trade Commissioner or Assistant Trade Commissioner, as the case may be, and delivered to the Governor-General.".
Sub-section 5 (1)-
Sub-section 5 (2)-
Sections 6 and 7- Repeal the sections, substitute the following section: Duties of Trade Commissioners and Assistant Trade Commissioners
"6. A Trade Commissioner or Assistant Trade Commissioner shall carry out such instructions relating to the commercial, trading and general interests of Australia as the Trade Commissioner or Assistant Trade Commissioner, as the case may be, receives from time to time from the Minister.".
Section 8-
Section 9- Omit "A Trade", substitute "Except with the express permission in writing of the Minister, a Trade".
Sub-section 10 (1)- Omit "from time to time", substitute ", in writing,".
Sub-section 10 (2)- Omit all the words after "the" (second occurring), substitute "Public Service Act 1922".
Section 11- Repeal the section, substitute the following sections: Determination of conditions of service
"11. (1) The Minister may make determinations in writing, not inconsistent with this Act, providing for and in relation to the terms and conditions of appointment of relevant persons.
"(2) Without limiting the generality of sub-section (1), a determination may make provision for and in relation to-
"(3) Determinations may be made either generally or with respect to a particular case or a particular class of cases.
"(4) A determination may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification-
"(5) A determination takes effect-
"(7) The determinations made in each calendar year (including determinations amending or revoking other determinations) shall be numbered in regular arithmetic series, beginning with the number 1, as nearly as possible in the order in which they are made.
"(8) A determination may, without prejudice to any other manner of citation, be cited by reference to its number and the calendar year in which it was made.
"(9) The Minister shall cause to be published in the Gazette, in respect of each determination, notice of-
"(10) A reference in this section to a member of the family of a relevant person includes a reference to a member of the household, and a dependant of, a relevant person.
"(11) In this section, 'relevant person' means-
Tabling, disallowance, &c., of determinations "11A. (1) Subject to sub-section (2), sections 48 (other than paragraphs (1)
(a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to determinations as if, in those sections, references to regulations were references to determinations and references to a regulation were references to a provision of a determination.
"(2) Determinations are not statutory rules within the meaning of the Statutory Rules Publication Act 1903.
Evidence
"11B. For the purposes of section 5 of the Evidence Act 1905, a determination shall be deemed to be an order made by a Minister.
Delegation
"11C. (1) The Governor-General may, by writing signed by the Governor-General, delegate to the Minister or an officer of the Australian Public Service performing duties in the Department all or any of the Governor-General's powers under this Act, other than this power of delegation.
"(2) The Minister may, by writing signed by the Minister, delegate to an officer of the Australian Public Service performing duties in the Department all or any of the Minister's powers under this Act, other than this power of delegation.
"(3) A delegation under this section may be made generally or as otherwise provided by the instrument of delegation.
"(4) A power delegated under this section shall, when exercised by the
delegate, be deemed, for the purposes of this Act, to have been exercised by the person who made the delegation.
"(5) A delegation under this section does not prevent the exercise of a power by the person who made the delegation.
"(6) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation, but, for the purposes of the application of sub-section 33 (3) of the Acts Interpretation Act 1901 to a delegation under this section, nothing in this Act shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of the office.".
Trade Marks Act 1955 Section 18 and sub-section 98 (1)-
Omit "Penalty: Imprisonment for 3 years.", substitute the following:
"Penalty:
Sub-section 99 (1)-
Omit "Penalty: $200.", substitute the following:
"Penalty:
Section 100
Omit "Penalty: $200.", substitute the following:
"Penalty:
Section 102-
Repeal the section, substitute the following section: Aiding and abetting offences
"102. (1) A person who aids, abets, counsels or procures, or is in any way, directly or indirectly, knowingly concerned in, or party to, the doing of an act outside Australia which, if it were done in Australia, would be an offence against this Act, shall be deemed to have committed that offence and is punishable accordingly.
"(2) Sub-section (1) does not affect the operation of section 5 of the Crimes Act 1914.".
Sub-section 104 (2)-
Omit "Penalty: $200.", substitute the following:
"Penalty:
After section 118-
Insert the following section: Certain offences indictable
"118A. (1) An offence against section 18 or sub-section 98 (1) is an indictable offence.
"(2) Notwithstanding that an offence against section 18 or sub-section 98 (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 18 or sub-section 98 (1), the penalty that the court may impose is-
Sub-section 120 (1)-Add at the foot the following: "Penalty: $1,000 or imprisonment for 6 months, or both.".
Sub-section 120 (2)- Omit "Penalty: $100.", substitute the following: "Penalty for contravention of this sub-section:
Section 121- Omit "$100", substitute "$1,000 or imprisonment for 6 months, or both".
Sub-sections 135 (1) and 137 (1)- Omit "$200", substitute "$1,000".
Sub-section 137 (2)- Omit "$200", substitute "$5,000".
Sub-sections 137 (3)- Omit "$200", substitute "$1,000".
Sub-section 145 (1)- Omit "Penalty: $40.", substitute the following: "Penalty:
Sub-section 146 (1)- Omit "Penalty: $100.", substitute the following: "Penalty:
Paragraph 147 (b)- Omit "$100 or imprisonment for 6 months", substitute "$500".
Trade Practices Act 1974 Section 26-Repeal the section.
Trade Union Training Authority Act 1975
Section 3 (definition of "council")- Omit the definition, substitute the following definition: " 'council' means-
Section 3 (definition of "Executive Board")- Omit the definition, substitute the following definition: " 'Executive Committee' means the Executive Committee of the Australian
Council;".
After the definition of "National Director" in section 3- Insert the following definition: " 'Regional Council' means-
Section 3 (definition of "State Council")- Omit the definition.
Sub-section 6 (2)-
Section 7A- Omit "Executive Board", substitute "Australian Council".
Section 8-
Omit "Executive Board" (wherever occurring), substitute "Australian Council".
Sub-section 8A (2)- Omit "Executive Board", substitute "Australian Council".
Section 8J- Repeal the section, substitute the following section: Disclosure of interests
"8J. The National Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the National Director has or acquires in any business or in any body corporate carrying on a business.".
Paragraph 8K (6) (a)- Omit the paragraph.
Part IIB-Repeal the Part.
Sections 9, 10, 11 and 12- Repeal the sections, substitute the following sections: Establishment of Councils "9. (1) Upon the commencement of this section, the councils established by sub-sections 9 (2) and (3) of the Trade Union Training Authority Act 1975 as in force immediately before that commencement cease to exist.
"(2) There is established by this sub-section a council by the name of the Australian Council for Union Training.
"(3) There is established by this sub-section a council for each State by the name specified in the following table opposite to the name of the State: State Name of Council New South Wales . . . . New South Wales Council for Union Training Victoria . . . . . . . . Victorian Council for Union Training Queensland . . . . . . . Queensland Council for Union Training Western Australia . . . Western Australian Council for Union Training South Australia. . . . . South Australian Council for Union Training Tasmania . . . . . . . . Tasmanian Council for Union Training
"(4) The regulations may establish a Council for Union Training for the Australian Capital Territory and a Council for Union Training for the Northern Territory.
Function of Australian Council
"10. The Australian Council is responsible for the formulation of the policy of the Authority.
Functions of Regional Councils
"11. (1) The functions of a Regional Council for a State or Territory are to advise, and to make recommendations to, the Australian Council in relation to matters relating to trade union training in the State or Territory.
"(2) A Regional Council for a State or Territory shall ensure that the training provided by the Trade Union Training Centre for the State or Territory is in accordance with the policy formulated by the Australian Council.".
Paragraph 14 (1) (d)- Omit "7", substitute "10".
Paragraphs 14 (1) (j) and (k)-
Omit the paragraphs, substitute the following word and paragraph:
"and (j) one person, being an officer or employee of the Authority, to represent the officers and employees of the Authority, elected in accordance with the regulations by the officers and employees of the Authority and appointed by the Minister".
Section 15-
Repeal the section, substitute the following section: Remuneration and allowances of members of Australian Council
"15. (1) A member of the Australian Council shall be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination of that remuneration is in operation, a member shall be paid such remuneration as is prescribed.
"(2) A member of the Australian Council shall be paid such allowances as are prescribed.
"(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.".
Sub-sections 17 (3) and (4)- Omit the sub-sections.
Sub-section 18 (2)- Omit "or (h)", substitute ", (h) or (j)".
Sub-section 18 (3)- Omit the sub-section.
Heading to Division 2 of Part IV-
Omit "State Councils", substitute "Regional Councils for States ".
Paragraph 20 (1) (b)-
Insert "on the nomination of the Secretary to the Department" after "Minister".
Paragraph 20 (1) (c)- Omit "5", substitute "6".
After paragraph 20 (1) (c)-
Insert the following paragraphs-
" (d) one person, being an officer or employee of the Authority, appointed by the Minister on the nomination of the National Director;
(e) one person, being an officer or employee of the Authority, to represent the officers and employees of the Authority, elected in accordance with the regulations by the officers and employees of the Authority employed in the State and appointed by the Minister;".
Paragraph 20 (1) (g)- Omit "promote", substitute "represent".
Sub-section 20 (3)-
Sub-sections 20A (1) and (2)- Omit "State Council", substitute "Regional Council for a State".
Sub-sections 21 (2) and (3)-
Sub-sections 22 (1) and (2)-
Sub-section 22 (3)-
Section 23- Omit "State Council" (wherever occurring), substitute "Regional Council for a State".
Sub-sections 23A (1), (2), (3) and (4)-
Sub-section 23A (5)- Omit "A State Council", substitute "A Regional Council for a State".
Sub-section 23A (6)-
Heading to Division 3 of Part IV- Omit "Other Councils", substitute "Regional Councils for Territories".
Sub-section 25 (2)-
Section 25A- Repeal the section.
Paragraph 28 (1) (a)- Omit ", (j) or (k)", substitute "or (j)".
Paragraph 28 (1) (b)- Omit "(3)", substitute "(2)".
Paragraphs 28 (1) (c) and (d)-
Omit "State Council", substitute "Regional Council for a State".
Sub-section 28 (2)-
Omit "Executive Board" (wherever occurring), substitute "Executive Committee".
Paragraph 28 (3) (b)-
Omit the paragraph, substitute the following paragraphs:
"(b) the member of the Australian Council referred to in paragraph 14 (1)
(j) ceases to be an officer or employee of the Authority;
(ba) a member of a Regional Council for a State, being the member referred to in paragraph 20 (1) (d) or (e), ceases to be an officer or employee of the Authority; or".
Paragraph 28 (3) (c)-
Sub-section 28 (4)- Omit the sub-section.
After section 28-
Insert the following section: Disclosure of interests
"29. (1) A member of the Australian Council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Australian Council shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Australian Council.
"(2) The disclosure shall be recorded in the minutes of the meeting of the Australian Council and the member shall not, unless the Minister or the Australian Council otherwise determines-
After Part IV- Insert the following Part: PART IVA-EXECUTIVE COMMITTEE Executive Committee "29A. (1) There shall be an Executive Committee of the Australian Council.
"(2) The Executive Committee has such functions as the Australian Council determines from time to time and shall comply with directions given to it by the Australian Council from time to time.
Constitution of Executive Committee "29B. (1) The Executive Committee shall consist of-
"(2) A member of the Executive Committee referred to in paragraph (1) (c) ceases to hold office if the member ceases to be a member of the Australian Council or resigns his or her office as a member of the Executive Committee by writing signed by the member delivered to the Minister.
Meetings of Executive Committee
"29C. The Australian Council may, from time to time, make determinations with respect to the holding of meetings by the Executive Committee.
Disclosure of interests
"29D. (1) A member of the Executive Committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Executive Committee shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Executive Committee.
"(2) The disclosure shall be recorded in the minutes of the meeting of the Executive Committee and the member shall not, unless the Minister, the Australian Council or the Executive Committee otherwise determines-
"(3) For the purpose of the making of a determination by the Australian Council or the Executive Committee under sub-section (2) in relation to a member who has made a disclosure under sub-section (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not-
Sub-section 33 (2)- Omit "management of, and the provision of training by,", substitute "planning, development and implementation of training by".
Sub-section 33 (3)- Omit the sub-section.
Sub-section 34 (1)- Omit "Executive Board", substitute "Australian Council".
Section 57-Repeal the section.
Sub-sections 58 (1) and (3)- Omit "Executive Board", substitute "Authority".
War Graves Act 1980 Section 11-Repeal the section.
War Precautions Act Repeal Act 1920 Paragraphs 22 (a) to (d) (inclusive)- Omit the paragraphs.
Paragraph 22 (e)- Add at the end "and".
Paragraph 22 (f)- Omit the paragraph.
Paragraph 22 (g)-
Wool Tax (Administration) Act 1964 Sub-section 54 (4) (sub-paragraph (c) (i) of the definition of "tax")- Omit "of", substitute "or".
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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SCHEDULE 2
SCHEDULE 2 Section 4 REPEAL OF ACTS PART I-APPROPRIATION ACTS Appropriation Act (No. 1) 1980-81 Appropriation Act (No. 2) 1980-81 Appropriation Act (No. 3) 1980-81 Appropriation Act (No. 4) 1980-81 Appropriation Act (No. 1) 1981-82 Appropriation Act (No. 2) 1981-82 Appropriation Act (No. 3) 1981-82 Appropriation Act (No. 4) 1981-82 Appropriation Act (No. 1) 1982-83 Appropriation Act (No. 2) 1982-83 Appropriation Act (No. 3) 1982-83 Appropriation Act (No. 4) 1982-83 Appropriation Act (No. 5) 1982-83 Appropriation Act (No. 6) 1982-83 Appropriation (Parliamentary Departments) Act 1982-83 Appropriation (Parliamentary Departments) Act (No. 2) 1982-83 Appropriation Act (No. 1) 1983-84 Appropriation Act (No. 2) 1983-84 Appropriation Act (No. 3) 1983-84 Appropriation Act (No. 4) 1983-84 Appropriation (Parliamentary Departments) Act 1983-84 Appropriation (Parliamentary Departments) Act (No. 2) 1983-84 PART II-LOAN ACTS Loan Act 1982 Loan Act (No. 2) 1982 Loan Act 1983 PART III-SUPPLY ACTS Supply Act (No. 1) 1980-81 Supply Act (No. 2) 1980-81 Supply Act (No. 1) 1981-82 Supply Act (No. 2) 1981-82 Supply Act (No. 1) 1982-83 Supply Act (No. 2) 1982-83 Supply Act (No. 1) 1983-84 Supply Act (No. 2) 1983-84 Supply (Parliamentary Departments) Act 1983-84 PART IV-MISCELLANEOUS Tasman Bridge Restoration Act 1975
Tasman Bridge Restoration Act (No. 2) 1975 Taxation Administration Act 1960 Wheat Products Export Adjustment Amendment Act 1976 Wheat Products Export Adjustment Amendment Act 1979
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STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SCHEDULE 3
SCHEDULE 3 SCHEDULE TO BE INSERTED IN THE PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 "SCHEDULE 3 Section 3 AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 THE MARINE ENVIRONMENT PROTECTION COMMITTEE,
NOTING the functions which Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1973 Convention") and resolution A.297(VIII) confer on the Marine Environment Protection Committee for the consideration and adoption of amendments to the 1973 Convention,
NOTING FURTHER article VI of the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973 (hereinafter referred to as the "1978 Protocol"),
HAVING CONSIDERED at its twentieth session amendments to the 1978 Protocol proposed and circulated in accordance with article 16 (2) (a) of the 1973 Convention,
ANNEX AMENDMENTS TO THE ANNEX OF THE PROTOCOL OF 1978 RELATING TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973 ANNEX I
REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL Regulation 1 Definitions
The existing texts of paragraphs (26) and (27) are replaced by the following:
"(26) Notwithstanding the provisions of paragraph (6) of this Regulation, for the purposes of Regulations 13, 13B, 13E and 18 (4) of this Annex, "new oil tanker" means an oil tanker:
(iii) which is completed after 1 June 1982; except that, for oil tankers of 70,000 tons deadweight and above, the definition in paragraph (6) of this Regulation shall apply for the purposes of Regulation 13 (1) of this Annex.
(27) Notwithstanding the provisions of paragraph (7) of this Regulation, for the purposes of Regulations 13, 13A, 13B, 13C, 13D, 18 (5) and 18 (6) (c) of this Annex, "existing oil tanker" means an oil tanker which is not a new oil tanker as defined in paragraph (26) of this Regulation."
Regulation 9 Control of Discharge of Oil The existing text of sub-paragraph (1) (a) (vi) is replaced by the following:
"(vi) the tanker has in operation an oil discharge monitoring and control system and a slop tank arrangement as required by Regulation 15 of this Annex." The existing text of sub-paragraph (1) (b) (v) is replaced by the following:
"(v) the ship has in operation an oil discharge monitoring and control system, oily-water separating equipment, oil filtering equipment or other installation as required by Regulation 16 of this Annex." The existing text of paragraph (4) is replaced by the following:
"(4) The provisions of paragraph (1) of this Regulation shall not apply to the discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which do not originate from cargo pump-room bilges and are not mixed with oil cargo residues. The provisions of sub-paragraph (1) (b) of this Regulation shall not apply to the discharge of the processed oily mixture, provided that all of the following conditions are satisfied:
(iii) the discharge is made as far as practicable from the land, but in no case less than 12 nautical miles from the nearest land.
(iii) the ship is proceeding en route;
Such additional ballast water shall be processed and discharged in compliance with Regulation 9 of this Annex and in accordance with the requirements of Regulation 15 of this Annex and an entry shall be made in the Oil Record Book referred to in Regulation 20 of this Annex."
Regulation 13A Requirements for Oil Tankers with Dedicated Clean Ballast Tanks Paragraph (4) (b) is deleted and paragraph (4) (a) is renumbered as (4).
Regulation 13B Requirements for Crude Oil Washing The following words are added to the end of paragraph (3): "and as may be further amended." Paragraph (5) (b) is deleted and paragraph (5) (a) is renumbered as (5).
Regulation 13C Existing Tankers Engaged in Specific Trades The first phrase of paragraph (1) is amended to read as follows:
"(1) Subject to the provisions of paragraph (2) of this Regulation, Regulation 13 (7) to (10) of this Annex shall not apply to an existing oil tanker solely engaged in specific trades between:" The existing text of paragraph (2) (a) is replaced by the following:
"(a) subject to the exceptions provided for in Regulation 11 of this Annex, all ballast water, including clean ballast water, and tank washing residues are retained on board and transferred to the reception facilities and the appropriate entry in the Oil Record Book referred to in Regulation 20 of this Annex is endorsed by the competent Port State Authority;" Paragraph (3) is deleted.
Regulation 14 The title of the Regulation is replaced by the following: "Segregation of Oil and Water Ballast and Carriage of Oil in Forepeak Tanks" The following new paragraphs are added to the existing text:
"(4) In a ship of 400 tons gross tonnage and above, for which the building contract is placed after 1 January 1982 or, in the absence of a building contract, the keel of which is laid or which is at a similar stage of construction after 1 July 1982, oil shall not be carried in a forepeak tank or a tank forward of the collision bulkhead.
(5) All ships other than those subject to paragraph (4) of this Regulation shall comply with the provisions of that paragraph, as far as is reasonable and practicable."
Regulation 15 Retention of Oil on Board The existing text of paragraph (2) (c) is replaced by the following:
"(c) The arrangements of the slop tank or combination of slop tanks shall have a capacity necessary to retain the slop generated by tank washings, oil residues and dirty ballast residues. The total capacity of the slop tank or tanks shall not be less than 3 per cent of the oil carrying capacity of the ships, except that the Administration may accept:
(iii) 1 per cent for combination carriers where oil cargo is only carried in tanks with smooth walls. This capacity may be further reduced to 0.8 per cent where the tank washing arrangements are such that once the slop tank or tanks are charged with washing water, this water is sufficient for tank washing and, where applicable, for providing the driving fluid for eductors, without the introduction of additional water into the system.
New oil tankers of 70,000 tons deadweight and above shall be provided with at least two slop tanks."
The last sentence of the existing text of paragraph (3) (a) is replaced by the following:
"(a) The oil discharge monitoring and control system shall be designed and installed in compliance with the Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers developed by the Organization.* Administrations may accept such specific arrangements as detailed in the Guidelines and Specifications." The following footnote is added to paragraph (3) (a):
--------
"* Reference is made to the Guidelines and Specifications for Oil Discharge Monitoring and Control Systems for Oil Tankers adopted by the Organization by resolution A.496 (XII)." The existing text of paragraph (5) is replaced by the following:
"(5) (a) The Administration may waive the requirements of paragraphs (1),
required, is endorsed to the effect that the ship is exclusively engaged in one or more of the categories of voyages specified in sub-paragraphs (b) (ii) (l) and (b) (ii) (2) (bb) of this paragraph; and
(6) the quantity, time, and port of the discharge are recorded in the Oil Record Book." The existing text of paragraph (7) is replaced by the following:
"(7) The requirements of paragraphs (1), (2) and (3) of this Regulation shall not apply to oil tankers carrying asphalt or other products subject to the provisions of this Annex, which through their physical properties inhibit effective product/water separation and monitoring, for which the control of discharge under Regulation 9 of this Annex shall be effected by the retention of residues on board with discharge of all contaminated washings to reception facilities."
Regulation 16 The existing text of Regulation 16 is replaced by the following: "Oil Discharge Monitoring and Control System and Oily-Water Separating and Oil
Filtering Equipment
(iii) the ship is fitted with a holding tank having a volume adequate, to the satisfaction of the Administration, for the total retention on board of the oily bilge water;
(vii) the quantity, time, and port of the discharge are recorded in the Oil Record Book.
level cannot be maintained. In considering the design of such equipment, the Administration shall have regard to the specification recommended by the Organization.* In the case of ships less than 10,000 tons gross tonnage, other than those carrying large quantities of oil fuel or those discharging bilge water under Regulation 10 (3) (b), which are provided with oil filtering equipment in lieu of oily-water separating equipment, the requirements for the alarm arrangements shall be complied with as far as reasonable and practicable." The following footnote is added to paragraphs (5), (6) and (7) of Regulation
16:
---------------- "* Reference is made to the Recommendation on International Performance and
Test Specifications for Oily-Water Separating Equipment and Oil Content Meters adopted by the Organization by Resolution A.393(X)." Regulation 18 Pumping, Piping and Discharge Arrangements of Oil Tankers The existing text of Regulation 18 is replaced by the following:
"(1) In every oil tanker, a discharge manifold for connexion to reception facilities for the discharge of dirty ballast water or oil contaminated water shall be located on the open deck on both sides of the ship.
retention in the lines is minimized; and
provided that the surface of the ballast water has been examined immediately before the discharge to ensure that no contamination with oil has taken place.
Regulation 20 Oil Record Book The existing texts of paragraphs (1) and (2) are replaced by the following:
"(1) Every oil tanker of 150 tons gross tonnage and above and every ship of 400 tons gross tonnage and above other than an oil tanker shall be provided with an Oil Record Book Part I (Machinery Space Operations). Every oil tanker of 150 tons gross tonnage and above shall also be provided with an Oil Record Book Part II (Cargo/Ballast Operations). The Oil Record Book(s), whether as a part of the ship's official log book or otherwise, shall be in the Form(s) specified in Appendix III to this Annex.
(iii) disposal of oily residues (sludge);
(iii) unloading of oil cargo;
(vii) discharge of water from slop tanks;
(viii) closing of all applicable valves or similar devices after slop tank discharge operations;
"Each completed operation shall be signed by the officer or officers in charge of the operations concerned and each completed page shall be signed by the master of the ship." The following new paragraph is added to the existing text:
"(7) For oil tankers of less than 150 tons gross tonnage operating in accordance with Regulation 15 (4) of this Annex an appropriate Oil Record Book should be developed by the Administration."
Regulation 21 Special Requirements for Drilling Rigs and other Platforms The following new sub-paragraph is added to the existing text:
"(d) Outside special areas and more than 12 nautical miles from the nearest land and subject to the provisions of Regulation 11 of this Annex, the discharge from such drilling rigs and platforms when stationary into the sea of oil or oily mixtures shall be prohibited except when the oil content of the discharges without dilution does not exceed 100 parts per million unless there are appropriate national regulations which are more stringent, in which case the appropriate national regulations shall apply."
Regulation 25
Subdivision and Stability The existing text of sub-paragraph (a) of paragraph (2) is replaced by the following and sub-paragraphs (b), (c) and (d) are renumbered as (d), (e) and (f):
"(a) Side damage
(Inboard from the ship's side at right angles to the centreline at the level of the summer load line) B/5 or 11.5 metres, whichever is
less
(iii) Vertical extent From the moulded line of the bottom shell plating at centreline, upwards without limit
(b) Bottom damage For 0.3L from the forward perpendicular of the ship Any other part of the
ship
(i) Longitudinal
extent 1/3 (L2/3) or 14.5 metres, whichever is less 1/3 (L2/3) or 5
metres, whichever is less
(ii) Transverse extent B/6 or 10 metres,
whichever is less B/6 or 5 metres, whichever is less
(iii) Vertical
extent B/15 or 6 metres, whichever is less, measured from the moulded line of the bottom shell plating at centreline B/15 or 6 metres,
whichever is less, measured from the moulded line of the bottom shell plating at centreline
(c) If any damage of a lesser extent than the maximum extent of damage specified in sub-paragraphs (a) and (b) of this paragraph would result in a more severe condition, such damage shall be considered." The existing text of sub-paragraph (3) (c) is replaced by the following:
"(c) The stability in the final stage of flooding shall be investigated and may be regarded as sufficient if the righting lever curve has at least a range of 20 degrees beyond the position of equilibrium in association with a maximum residual righting lever of at least 0.1 metre within the 20 degrees range; the area under the curve within this range shall not be less than 0.0175 metre radians. Unprotected openings shall not be immersed within this range unless the space concerned is assumed to be flooded. Within this range, the immersion of any of the openings listed in sub-paragraph (a) of this paragraph and other openings capable of being closed weathertight may be permitted." The following new sub-paragraph is added to the existing text of paragraph (3):
"(e) Equalization arrangements requiring mechanical aids such as valves or cross-levelling pipes, if fitted, shall not be considered for the purpose of reducing an angle of heel or attaining the minimum range of residual stability to meet the requirements of sub-paragraphs (a), (b) and (c) of this paragraph and sufficient residual stability shall be maintained during all stages where equalization is used. Spaces which are linked by ducts of a large cross-sectional area may be considered to be common." The existing text of paragraph (4) (b) is replaced by the following:
"(b) The permeabilities assumed for spaces flooded as a result of damage shall be as follows: Spaces Permeabilities Appropriated to stores 0.60
Occupied by accommodation 0.95 Occupied by machinery 0.85 Voids 0.95 Intended for consumable liquids 0 to 0.95* Intended for other liquids 0 to 0.95*
-------------
* The permeability of partially filled compartments shall be consistent with the amount of liquid carried in the compartment. Whenever damage penetrates a tank containing liquids, it shall be assumed that the contents are completely lost from that compartment and replaced by salt water up to the level of the final plane of equilibrium." The first phrase of paragraph (5) is amended to read:
"(5) The Master of every new oil tanker and the person in charge of a new non-self-propelled oil tanker to which this Annex applies shall be supplied in an approved form with:"
Appendix II ---------- The existing form of Certificate is replaced by the following forms: "FORMS OF CERTIFICATE AND SUPPLEMENTS INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (Note: This Certificate shall be supplemented by a
Record of Construction and Equipment) Issued under the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as "the Convention") under the authority of the Government of: ................................................................................
(full designation of the country) by
............................................................................. (full designation of the competent person or organization authorized under the provisions of the Convention)
Distinctive Name of ship number or Port of Gross letters registry tonnage
Type of ship: Oil tanker* Ship other than an oil tanker with cargo tanks coming under Regulation 2
(2) of Annex I of the Convention*
Ship other than any of the above* --------
* Delete as appropriate.
THIS IS TO CERTIFY:
This Certificate is valid until................................................. subject to surveys in accordance with Regulation 4 of Annex I of the Convention.
Issued at..................................................................... (Place of issue of Certificate)
| 19.... ............ | |
|---|---|
| ............................. | |
| (Date of issue) | (Signature of duly authorized |
| official issuing the | |
| Certificate) | |
(Seal or stamp of the Authority, as appropriate)
ENDORSEMENT FOR ANNUAL AND INTERMEDIATE SURVEYS THIS IS TO CERTIFY that at a survey required by Regulation 4 of Annex I of the Convention the ship was found to comply with the relevant provisions of the Convention: Annual survey: Signed ....................................
(Signature of duly authorized official) Place ..................................... Date ......................................
(Seal or stamp of the Authority, as appropriate) Annual*/Intermediate* survey: Signed ....................................
(Signature of duly authorized official) Place ..................................... Date ......................................
(Seal or stamp of the Authority, as appropriate) Annual*/Intermediate* survey: Signed ....................................
(Signature of duly authorized official)
Place ..................................... Date ......................................
(Seal or stamp of the Authority, as appropriate) Annual survey: Signed ....................................
(Signature of duly authorized official) Place ..................................... Date ...................................... (Seal or stamp of the Authority, as appropriate) --------*Delete as appropriate.
FORM A SUPPLEMENT TO THE INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (IOPP CERTIFICATE)
RECORD OF CONSTRUCTION AND EQUIPMENT FOR SHIPS OTHER THAN OIL TANKERS in respect of the provisions of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as "the Convention") Notes:
1 PARTICULARS OF SHIP
1.1 Name of ship..............................................................
1.2 Distinctive number or letters.............................................
1.3 Port of registry..........................................................
1.4 Gross tonnage.............................................................
1.5 Date of build:
1.5.1 Date of building contract.............................................
1.5.2 Date on which keel was laid or ship was..............................
at a similar stage of construction......................................
1.5.3 Date of delivery.....................................................
1.6 Major conversion (if applicable):
1.6.1 Date of conversion contract..........................................
1.6.2 Date on which conversion was commenced...............................
1.6.3 Date of completion of conversion.....................................
1.7 Status of ship:
1.7.2 Existing ship in accordance with Regulation 1 (7)q
1.7.3 The ship has been accepted by the Administration as an "existing ship" under Regulation 1 (7) due to unforeseen delay in delivery q
2.1.1 The ship may under normal conditions carry ballast water in oil fuel tanks q
2.1.2 The ship does not under normal conditions carry ballast water in oil fuel tanks q
2.2.1 Equipment capable of producing effluent with oil content less than 100 ppm; q
2.2.2 Equipment capable of producing effluent with oil content not exceeding 15 ppm q
2.3.1 Discharge monitoring and control system (Regulation 16 (5)) .1 with automatic stopping device q .2 with manual stopping device q
2.3.3 Automatic stopping device for discharges in special areas (Regulation 10 (3) (b) (vi)) q
2.3.4 Oil content meter (resolution A.444 (XI)) .1 with recording device q .2 without recording device q
2.4 Approval standards:
2.4.1 The separating/filtering equipment:
.1 has been approved in accordance with resolution A.393 (X) q .2 has been approved in accordance with resolution A.233 (VII) q .3 has been approved in accordance with national standards not
based upon resolution A.393 (X) or A.233 (VII) q .4 has not been approved q
2.4.2 The process unit has been approved in accordance with resolution A.444 (XI) q
2.4.3 The oil content meter has been approved in accordance with resolution A.393 (X) q
2.5 Maximum throughput of the system ism*3*/h .......................
2.6 Application:
--------
* Insert the date three years after the date of entry into force of the Convention.
5 EXEMPTION
5.1 Exemptions have been granted by the Administration from the requirements of Chapter II of Annex I of the Convention in accordance with Regulation 2 (4)
(a) on those items listed under
paragraph(s).................................... ................................................................ of this Record.
6 EQUIVALENTS (Regulation 3)
6.1 Equivalents have been approved by the Administration for certain requirements of Annex I on those items listed under paragraph(s)................ ................................................................ of this Record.
THIS IS TO CERTIFY that this Record is correct in all respects.
Issued at....................................................................... (Place of issue of the Record) 19........ ....... ............................................. (Signature of duly authorized officer issuing the Record) (Seal or stamp of the issuing Authority, as appropriate) FORM B SUPPLEMENT TO THE INTERNATIONAL OIL POLLUTION PREVENTION CERTIFICATE (IOPP CERTIFICATE)
RECORD OF CONSTRUCTION AND EQUIPMENT FOR OIL TANKERS in respect of the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (hereinafter referred to as "the Convention")
Notes:
Organization.
1 PARTICULARS OF SHIP
1.1 Name of ship..............................................................
1.2 Distinctive number or letters.............................................
1.3 Port of registry..........................................................
1.4 Gross tonnage.............................................................
1.5 Carrying capacity of ship..................................(m3)
1.6 Deadweight of ship.......................(metric tons) (Regulation 1 (22))
1.7 Length of ship......................................(m) (Regulation 1(18))
1.8 Date of build:
1.8.1 Date of building contract.............................................
1.8.2 Date on which keel was laid or ship was at a similar stage of construction....................................
1.8.3 Date of delivery......................................................
1.9 Major conversion (if applicable):
1.9.1 Date of conversion contract...........................................
1.9.2 Date on which conversion was commenced................................
1.9.3 Date of completion of conversion......................................
1.10 Status of ship:
1.10.1 New ship in accordance with Regulation 1 (6) q
1.10.2 Existing ship in accordance with Regulation 1 (7) q
1.10.3 New oil tanker in accordance with Regulation 1 (26)
1.10.4 Existing oil tanker in accordance with Regulation 1 (27)
1.10.5 The ship has been accepted by the Administration as an 'existing ship' under Regulation 1 (7) due to unforeseen delay in delivery
1.10.6 The ship has been accepted by the Administration as an 'existing oil tanker' under Regulation 1 (27) due to unforeseen delay in delivery
1.10.7 The ship is not required to comply with the provisions of Regulation 24 due to the unforeseen delay in delivery 1.11 Type of ship:
1.11.1 Crude oil tanker q
1.11.2 Product carrier q
1.11.3 Crude oil/product carrier
1.11.4 Combination carrier
1.11.5 Ship, other than an oil tanker, with cargo tanks coming under Regulation 2 (2) of Annex I of the Convention
1.11.6 Oil tanker dedicated to the carriage of products referred to in Regulation 15 (7) 1.11.7 The ship, being designated as a "crude oil tanker" operating with COW, is also designated as a "product carrier" operating with CBT, for which a separate IOPP Certificate has also been issued q
1.11.8 The ship, being designated as a "product carrier" operating with CBT, is also designated as a "crude oil tanker" operating with COW, for which a separate IOPP Certificate has also been issued q
1.11.9 Chemical tanker carrying oil q
2 EQUIPMENT FOR THE CONTROL OF OIL DISCHARGE FROM MACHINERY SPACE BILGES AND OIL FUEL TANKS (Regulations 10 and 16)
2.1 Carriage of ballast water in oil fuel tanks
2.1.1 The ship may under normal conditions carry ballast water in oil fuel tanks q
2.1.2 The ship does not under normal conditions carry ballast water in oil fuel tanks q
2.2 Type of separating/filtering equipment fitted:
2.2.1 Equipment capable of producing effluent with oil content less than 100 ppm q
2.2.2 Equipment capable of producing effluent with oil content not exceeding 15 ppm q
2.3 Type of control system
2.3.1 Discharge monitoring and control system (Regulation 16 (5)) .1 with automatic stopping device q .2 with manual stopping device q
2.3.2 15 ppm alarm (Regulation 16 (7)) q
2.3.3 Automatic stopping device for discharges in special areas (Regulation 10 (3) (b) (vi)) q
2.3.4 Oil content meter (resolution A.444 (XI)) .1 with recording device q .2 without recording device q
2.4 Approval standards:
2.4.1 The separating/filtering system: .1 has been approved in accordance with resolution A.393 (X) q
.2 has been approved in accordance with resolution A.233 (VII) q .3 has been approved in accordance with national standards not based upon resolution A.393 (X) or A.233 (VII) q .4 has not been approved q
2.4.2 The process unit has been approved in accordance with resolution A.444 (XI) q
2.4.3 The oil content meter has been approved in accordance with resolution A.393 (X) q
2.5 Maximum throughput of the system is m3/h .......................
2.6 Application:
3.2 Means for the disposal of oil residue in addition to the provision of sludge tanks .............................................
...................................................................... q --------
* Insert the date three years after the date of entry into force of the Convention.
4 STANDARD DISCHARGE CONNECTION (Regulation 19)
5.1.1 Required to be provided with SBT, PL and COW q
5.1.2 Required to be provided with SBT and PL q
5.1.3 Required to be provided with SBT q
5.1.4 Required to be provided with SBT, CBT or COW q
5.1.5 Required to be provided with SBT or CBT q
5.1.6 Not required to comply with the requirements of Regulation 13 q
5.2 Segregated ballast tanks (SBT)
5.2.1 The ship is provided with SBT in compliance with Regulation 13 q
5.2.2 The ship is provided with SBT which are arranged in protective locations (PL) in compliance with Regulation 13E q
5.2.3 SBT are distributed as follows:
Tank Volume (m*3*) Tank Volume (m*3*)
Total -----------------------------------------------------------------------<
5.3 Dedicated clean ballast tanks (CBT)
5.3.1 The ship is provided with CBT in compliance with Regulation 13A, and may operate:
.1 as a product carrier q .2 as a crude oil tanker until19....* .......................... q
5.3.2 CBT are distributed as follows:
Tank Volume (m3) Tank Volume (m3)
Total
* Insert the date two years or four years after the date of entry into force of the Convention as appropriate.
5.3.3 The ship has been supplied with a valid Dedicated Clean Ballast Tank Operation Manual, which is dated ......................... q
5.3.4 The ship has common piping and pumping arrangements for ballasting the CBT and handling cargo oil q
5.3.5 The ship has separate independent piping and pumping arrangements for ballasting the CBT q
5.4 Crude oil washing (COW)
5.4.1 The ship is equipped with a COW system in compliance with Regulation 13B q
5.4.2 The ship is equipped with a COW system in compliance with Regulation 13B except that the effectiveness of the system has not been confirmed in accordance with Regulation 13 (6) and paragraph
5.4.4 The ship is not required to be but is equipped with COW in compliance with the safety aspects of Revised COW Specifications (resolution A.446(XI)) q
5.5 Exemption from Regulation 13:
5.5.1 The ship is solely engaged in trade between ................. in accordance with Regulation 13C and is therefore exempted from the requirements of Regulation 13 q
5.5.2 The ship is operating with special ballast arrangements in accordance with Regulation 13D and is therefore exempted from the requirements of Regulation 13 q
5.6 Limitation of size and arrangements of cargo tanks (Regulation 24)
5.6.1 The ship is required to be constructed according to, and complies with, the requirements of Regulation 24 q
5.6.2 The ship is required to be constructed according to, and complies with, the requirements of Regulation 24 (4) (see Regulation 2 (2)) q
5.7 Subdivision and stability (Regulation 25)
5.7.1 The ship is required to be constructed according to, and complies with, the requirements of Regulation 25 q
6.1.1 The ship comes under category .................... oil tanker as defined in resolution A.496(XII) q
6.1.2 The system comprises: .1 control unit q .2 computing unit q .3 calculating unit q
6.1.3 The system is: .1 fitted with a starting interlock q .2 fitted with automatic stopping device q
6.1.4 The oil content meter is approved under the terms of
resolution A.393(X) suitable for: .1 crude oil q .2 black products q .3 white products q
6.1.5 The ship has been supplied with an operations manual for the oil discharge monitoring and control system q
6.1.6 The ship is not required to be fitted with an oil discharge monitoring and control system, until ................................ 19 ....* in accordance with Regulation 15 (1) q
6.2 Slop tanks
6.2.1 The ship is provided with ............ dedicated slop tank(s) with the total capacity of ............ m3 which is ........ % of the oil carrying capacity, in accordance with: q
--------
* Insert the date three years after the date of entry into force of the Convention.
.1 Regulation 15 (2) (c) q .2 Regulation 15 (2) (c) (i) q .3 Regulation 15 (2) (c) (ii) q .4 Regulation 15 (2) (c) (iii) q
6.2.2 Cargo tanks have been designated as slop tanks q
6.2.3 The ship is not required to be provided with slop tank arrangements until ................................ 19 ....* in accordance with Regulation 15 (1) q
6.3 Oil/water interface detectors
6.3.1 The ship is provided with oil/water interface detectors approved under the terms of resolution MEPC.5 (XIII) q
6.4 Exemptions from Regulation 15
6.4.1 The ship is exempted from the requirements of Regulation 15
(1), (2) and (3) in accordance with Regulation 15 (7) q
7.1.1 above the waterline q
7.1.2 below the waterline q
7.2 The overboard discharge outlets, other than the discharge manifold, for clean ballast are located:**
7.2.1 above the waterline q
7.2.2 below the waterline q
7.3 The overboard discharge outlets, other than the discharge manifold, for dirty ballast are located:**
7.3.1 above the waterline q
7.3.2 below the waterline in conjunction with the part flow arrangements in compliance with Regulation 18 (6) (e) q
7.3.3 below the waterline q --------
* Insert the date three years after the date of entry into force of th Convention.
** Only those outlets which can be monitored are to be indicated.
7.4 Discharge of oil from cargo pumps and oil lines (Regulation 18
(4) and (5)):
7.4.1 Means to drain all cargo pumps and oil lines at the completion of cargo discharge: .1 drainings capable of being discharged to a cargo tank or
slop tank q .2 for discharge ashore a special small diameter line is provided q
8 EQUIVALENT ARRANGEMENTS FOR CHEMICAL TANKERS CARRYING OIL
8.1 As equivalent arrangements for the carriage of oil by a chemical tanker, the ship is fitted with the following equipment in lieu of slop tanks (paragraph 6.2 above) and oil/water interface detectors (paragraph 6.3 above):
8.1.1 oily-water separating equipment capable of producing effluent with oil content less than 100 ppm, with the capacity of m3/h .................................................................. q
8.1.2 a holding tank with the capacity of m*3* .................... q
8.1.3 a tank for collecting tank washings which is: .1 a dedicated tank q .2 a cargo tank designated as a collecting tank q
8.1.4 a permanently installed transfer pump for overboard discharge of effluent containing oil through the oily-water separating equipment
8.2 The oily-water separating equipment has been approved under the terms of resolution A.393(X) and is suitable for the full range of Annex I products q
...........................................................................
............................................................of this Record.
THIS IS TO CERTIFY that this Record is correct in all respects.
Issued at....................................................................... (Place of issue of the Record) ...............................19.... ...................................... (Signature of duly authorized< L officer issuing the Record) (Seal or stamp of the issuing Authority, as appropriate)" Appendix III ------------- The existing Forms of Oil Record Books and Supplements are replaced by the following forms: "FORMS OF OIL RECORD BOOKS OIL RECORD BOOK Part I-Machinery space operations
(All ships) Name of ship: Distinctive number or letters: Gross tonnage: Period from: to:
-------------Note: Oil Record Book Part I shall be provided to every oil tanker of 150 tons gross tonnage and above and every ship of 400 tons gross tonnage and above, other than oil tankers, to record relevant machinery space operations. For oil tankers, Oil Record Book Part II shall also be provided to record relevant cargo/ballast operations.
INTRODUCTION
The following pages of this section show a comprehensive list of items of machinery space operations which are, when appropriate, to be recorded in the Oil Record Book in accordance with Regulation 20 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a letter code.
When making entries in the Oil Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.
Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be signed by the master of the ship.
LIST OF ITEMS TO BE RECORDED
(A) BALLASTING OR CLEANING OF OIL FUEL TANKS
(B) DISCHARGE OF DIRTY BALLAST OR CLEANING WATER FROM OIL FUELTANKS REFERRED TO UNDER SECTION (A)
(C) DISPOSAL OF OIL RESIDUES (SLUDGE)
(D) NON-AUTOMATIC DISCHARGE OVERBOARD OR DISPOSAL OTHERWISE OF BILGE WATER WHICH HAS ACCUMULATED IN MACHINERY SPACES
(E) AUTOMATIC DISCHARGE OVERBOARD OR DISPOSAL OTHERWISE OF BILGEWATER WHICH HAS ACCUMULATED IN MACHINERY SPACES
(F) CONDITION OF OIL DISCHARGE MONITORING AND CONTROL SYSTEM
Back to Top (G) ACCIDENTAL OR OTHER EXCEPTIONAL DISCHARGES OF OIL
(H) ADDITIONAL OPERATIONAL PROCEDURES AND GENERAL
REMARKS NAME OF SHIP:...................................................................
DISTINCTIVE NUMBER OR LETTERS:.....................................................................
CARGO/BALLAST OPERATIONS (OIL TANKERS)*/MACHINERY SPACE OPERATIONS (ALL SHIPS)*
Date Code Item Record of operations/signature of (letter) (number) officer in charge
Signature of Master.............................................................
* Delete as appropriate.
OIL RECORD BOOK Part II-Cargo/ballast operations
(Oil tankers) Name of ship: Distinctive number or letters: Gross tonnage: Period from: to:
-------------Note: Every oil tanker of 150 tons gross tonnage and above shall be provided with Oil Record Book Part II to record relevant cargo/ballast operations. Such a tanker shall also be provided with Oil Record Book Part I to record relevant machinery space operations.
INTRODUCTION
The following pages of this section show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Oil Record Book in accordance with Regulation 20 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a letter code.
When making entries in the Oil Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.
Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be countersigned by the master of the ship. In respect of the oil tankers engaged in specific trades in accordance with Regulation 13C of Annex I of MARPOL 73/78, appropriate entry in the Oil Record Book shall be endorsed by the competent Port State authority.*
--------
* This sentence should only be inserted for the Oil Record Book of a tanker engaged in a specific trade.
LIST OF ITEMS TO BE RECORDED
(A) LOADING OF OIL CARGO
(B) INTERNAL TRANSFER OF OIL CARGO DURING VOYAGE
(C) UNLOADING OF OIL CARGO
(D) CRUDE OIL WASHING (COW TANKERS ONLY) (To be completed for each tank being crude oil washed)
--------1 When an individual tank has more machines than can be operated simultaneously, as described in the Operations and Equipment Manual, then the section being crude oil washed should be identified, e.g. No. 2 centre, forward section. 2 In accordance with the Operations and Equipment Manual, enter whether single-stage or multi-stage method of washing is employed. If multi-stage method is used, give the vertical arc covered by the machines and the number of times that arc is covered for that particular stage of the programme.
(E) BALLASTING OF CARGO TANKS
(F) BALLASTING OF DEDICATED CLEAN BALLAST TANKS (CBT TANKERS ONLY)
(G) CLEANING OF CARGO TANKS
tank(s)).
--------3 If the programmes given in the Operations and Equipment Manual are not followed, then the reasons must be given under Remarks. 4 Hand hosing, machine washing and/or chemical cleaning. Where chemically cleaned, the chemical concerned and amount used should be stated.
(H) DISCHARGE OF DIRTY BALLAST
(I) DISCHARGE OF WATER FROM SLOP TANKS INTO THE SEA
(J) DISPOSAL OF RESIDUES AND OILY MIXTURES NOT OTHERWISE DEALT WITH
(K) DISCHARGE OF CLEAN BALLAST CONTAINED IN CARGO TANKS
water inthe locality of the discharge?
(L) DISCHARGE OF BALLAST FROM DEDICATED CLEAN BALLAST TANKS (CBT TANKERS ONLY)
(M) CONDITION OF OIL DISCHARGE MONITORING AND CONTROL SYSTEM
(N) ACCIDENTAL OR OTHER EXCEPTIONAL DISCHARGES OF OIL
(Q) RE-ALLOCATION OF BALLAST WATER WITHIN THE SHIP
81. Reasons for re-allocation.
(R) BALLAST WATER DISCHARGE TO RECEPTION FACILITY
SHIPS)* Code Item Date (letter) (number) Record of operations/signature of officer in charge
Signature of Master.............................................................
* Delete as appropriate."
". ------------
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 1) 1985 No. 65, 1985 - SCHEDULE 4
SCHEDULE 4 SCHEDULE TO BE INSERTED IN THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 "SCHEDULE Sub-section 3 (1) CONVENTION FOR THE CONSERVATION OF ANTARCTIC SEALS The Contracting Parties.
Recalling the Agreed Measures for the Conservation of Antarctic Fauna and Flora, adopted under the Antarctic Treaty signed at Washington on 1 December 1959;
Recognizing the general concern about the vulnerability of Antarctic seals to commercial exploitation and the consequent need for effective conservation measures;
Recognizing that the stocks of Antarctic seals are an important living resource in the marine environment which requires an international agreement for its effective conservation;
Recognizing that this resource should not be depleted by over-exploitation, and hence that any harvesting should be regulated so as not to exceed the levels of the optimum sustainable yield;
Recognizing that in order to improve scientific knowledge and so place exploitation on a rational basis, every effort should be made both to encourage biological and other research on Antarctic seal populations and to gain information from such research and from the statistics of future sealing operations, so that further suitable regulations may be formulated;
Noting that the Scientific Committee on Antarctic Research of the International Council of Scientific Unions (SCAR) is willing to carry out the tasks requested of it in this Convention;
Desiring to promote and achieve the objectives of protection, scientific study and rational use of Antarctic seals, and to maintain a satisfactory balance within the ecological system,
Have agreed as follows: ARTICLE 1 Scope
ARTICLE 2 Implementation
killed or captured under these permits.
ARTICLE 5 Exchange of Information and Scientific Advice
(iii) the carrying out of scientific programmes with the participation of the Contracting Parties; and
ARTICLE 7 Review of Operations
The Contracting Parties shall meet within five years after the entry into force of this Convention and at least every five years thereafter to review the operation of the Convention.
ARTICLE 8 Amendments to the Convention
ARTICLE 10 Signature
This Convention shall be open for signature at London from 1 June to 31 December 1972 by States participating in the Conference on the Conservation of Antarctic Seals held at London from 3 to 11 February 1972.
ARTICLE 11 Ratification
This Convention is subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Government of the United Kingdom of Great Britain and Northern Ireland, hereby designated as the Depositary.
ARTICLE 12 Accession This Convention shall be open for accession by any State which may be invited to accede to this Convention with the consent of all the Contracting Parties.
ARTICLE 13 Entry into Force
ARTICLE 14 Withdrawal
Any Contracting Party may withdraw from this Convention on 30 June of any year by giving notice on or before 1 January of the same year to the Depositary, which upon receipt of such a notice shall at once communicate it to the other Contracting Parties. Any other Contracting Party may, in like manner, within one month of the receipt of a copy of such a notice from the Depositary, give notice of withdrawal, so that the Convention shall cease to be in force on 30 June of the same year with respect to the Contracting Party giving such notice.
ARTICLE 15 Notifications by the Depositary The Depositary shall notify all signatory and acceding States of the following:
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Convention.
DONE at London, this 1st day of June 1972.
ANNEX
1. Permissible Catch
The Contracting Parties shall in any one year, which shall run from 1 July to 30 June inclusive, restrict the total number of seals of each species killed or captured to the numbers specified below. These numbers are subject to review in the light of scientific assessments:
2. Protected Species
3. Closed Season and Sealing Season
The period between 1 March and 31 August inclusive is a Closed Season, during which the killing or capturing of seals is forbidden. The period 1 September to the last day in February constitutes a Sealing Season.
4. Sealing Zones
Each of the sealing zones listed in this paragraph shall be closed in numerical sequence to all sealing operations for the seal species listed in paragraph 1 of this Annex for the period 1 September to the last day of February inclusive. Such closures shall begin with the same zone as is closed under paragraph 2 of Annex B to Annex I of the Report of the Fifth Antarctic Treaty Consultative Meeting at the moment the Convention enters into force. Upon the
expiration of each closed period, the affected zone shall reopen:
Zone 1-between 60 degrees and 120 degrees West Longitude
Zone 2-between 0 degrees and 60 degrees West Longitude, together with that part of the Weddell Sea lying westward of 60 degrees West Longitude
Zone 3-between 0 degrees and 70 degrees East Longitude
Zone 4-between 70 degrees and 130 degrees East Longitude
Zone 5-between 130 degrees East Longitude and 170 degrees West Longitude
Zone 6-between 120 degrees and 170 degrees West Longitude.
5. Seal Reserves
It is forbidden to kill or capture seals in the following reserves, which are seal breeding areas or the site of long-term scientific research:
6. Exchange of Information
When specially requested, this information shall be provided in respect of each ship, together with its daily position at noon each operating day and he catch on that day.
(iii) Age
SCAR may request additional information or material with the approval of the Contracting Parties.
(d) Contracting Parties shall provide to other Contracting Parties and to SCAR at least 30 days in advance of departure from their home ports, information on proposed sealing expeditions.
7. Sealing Methods
*1* Immediately after the commencement of section 6 of the Navigation (Protection of the Sea) Amendment Act 1983, the heading to section 267A of the Navigation ACt 1912 is altered to "Regulations to give effect to certain Regulations of Annex I".
*2* On the day proclaimed for the purposes of sub-section 2 (49) of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the headings to sections 20, 21, 22, 23 and 23A of the Trade Union Training Authority Act 1975 are altered by omitting "State Councils" and substituting "Regional Councils for States".
*3* On the day proclaimed for the purposes of sub-section 2 (49) of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the heading to section 20A of the Trade Union Training Authority Act 1975 is amended by omitting "Regional Council" and substituting "Regional Council for a State". *1* Immediately after the commencement of section 6 of the Navigation (Protection of the Sea) Amendment Act 1983, the heading to section 267A of the Navigation Act 1912 is altered to "Regulations to give effect to certain Regulations of Annex I".
*4* On the day proclaimed for the purposes of sub-section 2 (49) of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the heading to section 24 of the Trade Union Training Authority Act 1975 is omitted and the following heading is substituted "Regional Councils for Territories"