LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115, 1990
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - TABLE OF PROVISIONS
TABLE OF PROVISIONS
PART 1 - INTRODUCTORY
Section
1. Short title
2. Commencement
PART 2 - AMENDMENTS OF THE BANKRUPTCY ACT 1966
3. Principal Act
4. Interpretation
5. Delegation by Minister or Secretary
6. Registrars and Deputy Registrars
7. Duties etc. of trustee
8. The Common Investment Fund
9. Exercise of powers by certain officials
10. Debtor's petition
11. Debtor's petition against partnership
12. Debtor's petition by joint debtors who are not partners
13. Heading to Division 5 of Part IV
14. Repeal of section 69
15. Discovery of bankrupt's property etc.
16. Priority payments
17. Property divisible among creditors
18. Insertion of new section in Division 4 of Part VI:
129A. Eligible judges
19. Warrant for seizure of property connected with the bankrupt
20. Order relating to property of entity
21. Order relating to entity's net worth
22. Discharge of bankrupt by operation of law
23. Insertion of new section:
149A. Discharge of bankrupts in certain other cases
24. Insertion of new section in Division 1 of Part VIII:
154A. Official Receiver's report
25. Registration of persons as trustees
26. Insertion of new sections:
155A. Extension of term of registration
155B. Certificates of registration
27. Gazettal of registration etc.
28. Trustee's accounts and audit
29. Court may order trustee to make good loss
caused by breach of duty
30. Controlling trustee's accounts
31. Court may order controlling trustee to make
good loss caused by breach of duty
32. Control of controlling trustees by the court
33. Law of State or Territory may be proclaimed
34. Transcript of evidence etc.
35. Failure of person to attend before the Court etc.
36. Arrest of person failing to attend before the Court etc.
37. Protection in respect of reports
38. Substitution of new section:
314. Annual Report
39. Rules and regulations
PART 3 - AMENDMENTS OF THE CIRCUIT LAYOUTS ACT 1989
40. Principal Act
41. Interpretation
42. References to all joint makers
43. Innocent commercial exploitation
44. Copying for private use
45. Copying for research or teaching purposes
46. Evaluation or analysis
47. Use for purposes of defence or security
48. Eligible foreign countries
PART 4 - AMENDMENTS OF OTHER ACTS
49. Amendments of other Acts
SCHEDULE
AMENDMENTS OF OTHER ACTS
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - LONG TITLE
An Act to amend various Acts administered by the Attorney-General
relating to law and justice and other matters, and for related purposes
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - PART 1
PART 1 - INTRODUCTORY
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 1 Short title
(Assented to 21 December 1990)
1. This Act may be cited as the Law and Justice Legislation Amendment Act
1990.
(Minister's second reading speech made in
House of Representatives on 20 September 1990
Senate on 15 November 1990)
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 SECT 2
Commencement
2. (1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Subject to subsection (3), the provisions of Part 2 commence on a day or
days to be fixed by Proclamation.
(3) If a provision referred to in subsection (2) does not commence under
that subsection within the period of 6 months beginning on the day on which
this Act receives the Royal Assent, it commences on the first day after the
end of that period.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - PART 2
PART 2 - AMENDMENTS OF THE BANKRUPTCY ACT 1966
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 3
Principal Act
3. In this Part, "Principal Act" means the Bankruptcy Act 1966.*1*
*1* No. 33, 1966, as amended. For previous amendments, see No. 121, 1968; No.
40, 1969; No. 122, 1970; No. 216, 1973; No. 56, 1975; Nos. 37, 91 and 161,
1976; No. 111, 1977; No. 155, 1979; Nos. 12 and 70, 1980; Nos. 74 and 176,
1981; No. 18, 1983; Nos. 10 and 63, 1984; Nos. 21 and 193, 1985; Nos. 154 and
168, 1986; Nos. 73 and 119, 1987; and Nos. 8, 38 and 99, 1988.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 4
Interpretation
4. Section 5 of the Principal Act is amended:
(a) by omitting from subsection (1) the definition of "public examination";
(b) by inserting in subsection (1) the following definition:
" `eligible judge' means a judge of the Court declared by the Minister to be
an eligible judge under subsection 129A (2);".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 5
Delegation by Minister or Secretary
5. Section 10 of the Principal Act is amended by omitting from subsection
(7) the definition of "officer".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 6
Registrars and Deputy Registrars
6. Section 14 of the Principal Act is amended:
(a) by inserting after subsection (1) the following subsection:
"(1A) The Secretary may, in writing, direct an officer to exercise or
perform, for the period specified in the direction or until the direction is
revoked, all the powers, functions or duties of a Registrar under this Act, or
such of those powers, functions or duties as are specified.";
(b) by inserting in subsection (2A) "or by a person acting under a direction
under subsection (1A)," after "Deputy Registrar,".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 7
Duties etc. of trustee
7. Section 19 of the Principal Act is amended:
(a) by omitting paragraphs (1) (e) and (f);
(b) by omitting subsections (1A) and (1B).
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 8
The Common Investment Fund
8. Section 20B of the Principal Act is amended by inserting in subsection
(5) "at least" after "times".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 9
Exercise of powers by certain officials
9. Section 31A of the Principal Act is amended by omitting subsection (8).
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 10
Debtor's petition
10. Section 55 of the Principal Act is amended:
(a) by omitting from subsection (3) "Where" and substituting "Subject to
subsection (3A), where";
(b) by inserting after subsection (3) the following subsection:
"(3A) Where, at the time when a debtor's petition is presented under this
section, a creditor's petition is pending against the debtor (whether alone or
jointly with another person) or against a partnership of which the debtor is a
member, the Registrar must refer the debtor's petition to the Court for a
direction to accept or reject it.";
(c) by adding at the end of subsection (4) "or (3A)".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 11
Debtor's petition against partnership
11. Section 56 of the Principal Act is amended:
(a) by omitting from subsection (4) "subsection (6)" and substituting "this
section";
(b) by omitting from paragraph (4) (b) "or (6)" and substituting ", (6) or
(7AA)";
(c) by inserting in paragraph (4) (c) "or (e)" after "paragraph (d)";
(d) by adding at the end of subsection (4) the following word and
paragraph:
"; or (e) where the petition is accepted by
the Registrar under an order of the Court under paragraph (7AB) (b) - the
petitioning partner, or each of the petitioning partners, to whom the
petition, as amended under that order, applies becomes a bankrupt by virtue of
the presentation of the petition.";
(e) by inserting after subsection (7) the following subsections:
"(7AA) Where, at the time when a debtor's petition is presented under this
section, a creditor's petition is pending against the partnership, or against
any of its members (whether alone or jointly with another person), the
Registrar must refer the debtor's petition to the Court for a direction to
accept or reject it.
"(7AB) Upon a reference under subsection (7AA), the Court may direct the
Registrar:
(a) to accept the petition; or
(b) to amend the petition by deleting from it the name of any partner
against whom the creditor's petition is pending and to accept the petition, as
so amended, under subsection (4); or
(c) to reject the petition.";
(f) by omitting from subsections (7A) and (8) "or (6)" and substituting ",
(6) or (7AA)";
(g) by inserting in subsection (13) "or (7AB) (a)" after "(7) (a)".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 12
Debtor's petition by joint debtors who are not partners
12. Section 57 of the Principal Act is amended:
(a) by omitting from subsection (3) "Where" and substituting "Subject to
subsection (3A), where";
(b) by inserting after subsection (3) the following subsection:
"(3A) Where, at the time when a debtor's petition is presented under this
section, a creditor's petition is pending against any of the debtors (whether
alone or jointly with another person), or against a partnership of which any
of the debtors is a member, the Registrar must refer the debtor's petition to
the Court for a direction to accept or reject it.";
(c) by adding at the end of subsection (4) "or (3A)".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 13
Heading to Division 5 of Part IV
13. The heading to Division 5 of Part IV of the Principal Act is amended by
omitting ", Public Examination".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 14
Repeal of section 69
14. (1) Section 69 of the Principal Act is repealed.
(2) Despite the repeal of section 69 of the Principal Act, that section, as
in force immediately before its repeal, continues to apply in relation to the
examination of a person who became a bankrupt before that repeal.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 15
Discovery of bankrupt's property etc.
15. (1) Section 81 of the Principal Act is amended by inserting after
subsection (11) the following subsection:
"(11AA) Subject to any contrary direction by the Court, the Registrar or the
magistrate, the relevant person is not excused from answering a question
merely because to do so might tend to incriminate the relevant person.".
(2) Section 81 of the Principal Act, as in force immediately before the
commencement of this section, continues to apply in relation to the
examination of a person who, before that commencement, became a "relevant
person" within the meaning of that section.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 16
Priority payments
16. Section 109 of the Principal Act is amended by inserting in subsection
(1) "section 50 of the Child Support (Registration and Collection) Act 1988
and" after "Subject to this Act and to".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 17
Property divisible among creditors
17. Section 116 of the Principal Act is amended by inserting after paragraph
(2) (ma) the following paragraph:
"(mb) amounts paid to the bankrupt under a scheme established and operated
by a State or the Northern Territory in accordance with an agreement between
the Commonwealth and that State or Territory whose execution, on behalf of the
Commonwealth, was approved by the States and Northern Territory Grants (Rural
Adjustment) Act 1988, or in accordance with that agreement as subsequently
amended, being amounts paid by way of grant or loan as assistance for the
purpose of rehabilitation or household support;".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 18
18. After section 129 of the Principal Act the following section is inserted
in Division 4 of Part VI: Eligible judges
"129A. (1) A judge of the Court may, by writing, consent to be declared by
the Minister under subsection (2).
"(2) The Minister may, by writing, declare a judge of the Court whose
consent is in force under subsection (1) to be an eligible judge for the
purposes of this Act.
"(3) An eligible judge has, in relation to the power to issue a warrant
under section 130, the same protection and immunity as a Justice of the High
Court has in relation to proceedings in the High Court.".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 19
Warrant for seizure of property connected with the bankrupt
19. Section 130 of the Principal Act is amended:
(a) by omitting from subsection (1) "a judge of the Court or to a
magistrate" and substituting "an eligible judge";
(b) by omitting from subsection (2) "or magistrate";
(c) by omitting from subsection (3) "A judge or magistrate" and
substituting "An eligible judge";
(d) by omitting from paragraphs 130 (3) (a), (b) and (c) "or magistrate"
(wherever occurring);
(e) by omitting from subsection (4) "a judge or magistrate" and
substituting "an eligible judge".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 20
Order relating to property of entity
20. Section 139D of the Principal Act is amended by omitting from paragraph
(1) (a) "date" and substituting "end".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 21
Order relating to entity's net worth
21. Section 139E of the Principal Act is amended by omitting from paragraph
(1) (a) "date" and substituting "end".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 22
Discharge of bankrupt by operation of law
22. Section 149 of the Principal Act is amended:
(a) by omitting paragraphs (3) (a) and (b);
(b) by omitting from paragraph (14) (c) "(a), (b) or".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 23
23. After section 149 of the Principal Act the following section is
inserted:
Discharge of bankrupts in certain other cases
"149A. Where, immediately before the commencement of this section, a person
was an undischarged bankrupt solely because paragraph 149 (3) (a) or (b) of
this Act, as then in force, applied to the person, the person is, by force of
this section, discharged from bankruptcy on that commencement.".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 24
24. After section 154 of the Principal Act the following section is inserted
in Division 1 of Part VIII:
Official Receiver's report
"154A. (1) A natural person who intends to apply for registration under
section 155 may apply to the Official Receiver for the District in which the
application under section 155 is to be made for a report under this section.
"(2) An application under this section must be made in writing as prescribed
and must be accompanied by the prescribed fee.
"(3) On receipt of an application, the Official Receiver must, after causing
the applicant to be interviewed as prescribed and making such inquiries as the
Official Receiver thinks necessary, prepare and give the applicant a written
report stating the Official Receiver's opinion of the applicant's ability to
perform the duties of, and fitness to be registered as, a trustee under this
Act.
"(4) A report must contain a summary of the results of the interview and any
inquiries made by the Official Receiver, and may set out any other matters
that the Official Receiver thinks the Court should take into account in
considering an application by the applicant under section 155.".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 25
Registration of persons as trustees
25. (1) Section 155 of the Principal Act is amended:
(a) by omitting subsection (3) and substituting the following subsection:
"(3) An application must:
(a) be made in writing as prescribed; and
(b) contain such information as is prescribed; and
(c) be accompanied by the prescribed fee and an Official Receiver's report
under section 154A.";
(b) by inserting in paragraph (3A) (d) ", having had regard to the report
mentioned in paragraph (3) (c)," after "the Court";
(c) by inserting after subsection (3B) the following subsection:
"(3C) Subject to this Act, where a person is registered under this section,
the registration remains in force for 3 years from the day on which the
applicant enters into the bond mentioned in subsection (3A).";
(d) by omitting subsection (5);
(e) by omitting from subsection (5B) "suspend for a specified period or";
(f) by omitting from subsection (5C) "suspend for a specified period or";
(g) by inserting after subsection (5D) the following subsections:
"(5E) A person who is registered under this
section may notify the Registrar in writing that the person wishes to stop
being a registered trustee on the day specified in the notice, being a day
that is not later than the last day of the current term of the person's
registration.
"(5F) Where a person gives a notice under
subsection (5E), the person stops being a registered trustee on the day
specified in the notice.".
(2) A person who, immediately before the commencement of this section, was
registered under section 155 of the Principal Act, as then in force, may,
within 3 months after that commencement, notify the Registrar that the person
wishes to continue to be a registered trustee within the meaning of the
Principal Act.
(3) A person who notifies the Registrar under subsection (2) is taken to
have been registered under section 155 of the Principal Act, as amended by
this Act, for a term of 3 years starting on the day on which the notice is
given to the Registrar.
(4) A person mentioned in subsection (2) who does not notify the Registrar
under that subsection stops being a registered trustee at the end of the
period of 3 months mentioned in that subsection.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 26
26. After section 155 of the Principal Act the following sections are
inserted:
Extension of term of registration
"155A. (1) A person who is registered under section 155 may, within 6 months
before the end of the current term of the registration, apply to the Registrar
for an extension of the term.
"(2) An application must be made in writing as prescribed and must be
accompanied by the prescribed fee.
"(3) The Registrar must notify the Inspector-General and each Official
Receiver of an application within 2 days after the Registrar receives it.
"(4) The Inspector-General or an Official Receiver may, within 7 days after
receipt of a notice under subsection (3), object to the application by notice
in writing given to the Registrar.
"(5) If the Inspector-General or an Official Receiver does not object to an
application, the Registrar must grant it, but if there is such an objection,
the Registrar must refer it to the Court for a direction to grant or refuse
it.
"(6) The Registrar must comply with a direction of the Court on a reference
under subsection (5).
"(7) Where the Registrar grants an application, the term of the relevant
registration is extended for a period of 3 years starting immediately after
the end of the current term of the registration.
"(8) Where:
(a) a person applies for an extension of the current term of a
registration; and
(b) the term would, apart from this subsection, end on a day before the
application is finally determined;
the current term of the registration continues until the day on which the
application is finally determined.
Certificates of registration
"155B. (1) Where a person is registered under section 155, the Registrar
must cause a certificate of registration to be given to the person.
"(2) Where a person stops being a registered trustee, the person must, as
soon as practicable, forward his or her certificate of registration to the
Registrar.
"(3) A person who, without reasonable excuse, does not comply with
subsection (2) is guilty of an offence punishable, on conviction, by a fine
not exceeding $100.".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 27
Gazettal of registration etc.
27. Section 156 of the Principal Act is amended by omitting "the
registration of a person under section 155 is cancelled or suspended or his
name is removed from the register" and substituting ", for any reason, a
person stops being a registered trustee".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 28
Trustee's accounts and audit
28. Section 175 of the Principal Act is amended:
(a) by omitting subsections (2), (3) and (4) and substituting the following
subsection:
"(2) The Inspector-General or an Official Receiver may, on his or her own
motion or at the request of a creditor or the bankrupt, audit an account
furnished to the Registrar under subsection (1), or cause it to be audited by
an appropriate person.";
(b) by omitting from subsection (6) ", not being an audit carried out by the
Auditor-General,".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 29
Court may order trustee to make good loss caused by breach of duty
29. Section 176 of the Principal Act is amended by omitting from paragraph
(2) (b) "suspending for a specified period, or cancelling," and substituting
"cancelling".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 30
Controlling trustee's accounts
30. Section 211 of the Principal Act is amended:
(a) by omitting subsections (2), (3) and (4) and substituting the following
subsection:
"(2) The Inspector-General or an Official Receiver may, on his or her own
motion or at the request of a creditor or the debtor, audit an account
furnished to the Registrar under subsection (1), or cause it to be audited by
an appropriate person.";
(b) by omitting from subsection (5A) ", not being an audit carried out by
the Auditor-General,".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 31
Court may order controlling trustee to make good loss caused by breach of
duty
31. Section 212 of the Principal Act is amended by omitting from paragraph
(2) (b) "suspending for a specified period, or cancelling," and substituting
"cancelling".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 32
Control of controlling trustees by the Court
32. Section 212B of the Principal Act is amended by inserting in subsections
(1) and (2) ", the Inspector-General" after "Registrar".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 33
Law of State or Territory may be proclaimed
33. Section 253B of the Principal Act is amended:
(a) by adding at the end of paragraphs (a) and (b) "or";
(b) by inserting after paragraph (d) the following word and paragraph:
"; or (e) gives effect to an agreement between
the Commonwealth and a State or the Northern Territory whose execution, on
behalf of the Commonwealth, was approved by the States and Northern Territory
Grants (Rural Adjustment) Act 1988, or that agreement as subsequently
amended;".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 34
Transcript of evidence etc.
34. Section 255 of the Principal Act is amended:
(a) by omitting subsections (1) to (4) (inclusive);
(b) by inserting in subsection (5) "recorded" after "transcript of any";
(c) by omitting from subsection (5) "taken down or recorded in accordance
with this section" and substituting "given before or by the Court, the
Registrar or a magistrate".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 35
Failure of person to attend before the Court etc.
35. (1) Section 264A of the Principal Act is amended by omitting subsection
(1) and substituting the following subsections:
"(1) This section applies to a person who:
(a) is served, whether before or after the commencement of this subsection,
with a summons under this Act to attend for examination under a provision of
this Act (other than section 81), or to appear as a witness before the Court,
and is tendered a reasonable sum for expenses; or
(b) is not a relevant person within the meaning of section 81 but is
served, whether before or after the commencement of this section, with a
summons to attend for examination under that section and is tendered a
reasonable sum for expenses; or
(c) is a relevant person within the meaning of section 81 and is served, on
or after the commencement of this section, with a summons to attend for
examination under that section.
"(1A) A person to whom this section applies must not, after the commencement
of this section, without reasonable excuse:
(a) fail to attend as required by the summons served on the person; or
(b) fail to appear and report from day to day, unless excused or released
from further attendance by the Court, the Registrar or the magistrate, as the
case may be.
Penalty: Imprisonment for 6 months.".
(2) Subsection 264A (1) of the Principal Act, as in force immediately before
the commencement of this section, continues to apply to:
(a) a person served, before that commencement, with a summons to attend for
examination under section 69 of that Act, as so in force; and
(b) a person who was a relevant person within the meaning of section 81 of
the Principal Act, as in force immediately before the commencement of this
section, and who was served, before that commencement, with a summons to
attend for examination under that section.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 36
Arrest of person failing to attend before the Court etc.
36. (1) Section 264B of the Principal Act is amended:
(a) by inserting in subsection (2) "mentioned in paragraph 264A (1) (a) or
(b)" after "a person";
(b) by omitting from subsection (2) "(other than section 69)".
(2) Subsection 264B (2) of the Principal Act, as in force immediately before
the commencement of this section, continues to apply in relation to a person
served, before that commencement, with a summons to attend for examination
under section 81 of that Act, as so in force.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 37
Protection in respect of reports
37. Section 306B of the Principal Act is amended by omitting from subsection
(1) "or 150 (3)" and substituting ", 150 (3), 154A (3) or 189A (1)".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 38
38. Section 314 of the Principal Act is repealed and the following section
is substituted:
Annual Report
"314. The Inspector-General must give the Minister, after the end of each
financial year, a report on the operation of this Act during that financial
year for presentation by the Minister to the Parliament.".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 39
Rules and regulations
39. Section 315 of the Principal Act is amended by omitting paragraphs (1)
(c) and (e).
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - PART 3
PART 3 - AMENDMENTS OF THE CIRCUIT LAYOUTS ACT 1989
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 40
Principal Act
40. In this Part, "Principal Act" means the Circuit Layouts Act 1989.*2*
*2* No. 28, 1989.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 41
Interpretation
41. Section 5 of the Principal Act is amended by omitting "plan comprising a
two-dimensional" from the definition of "circuit layout".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 42
References to all joint makers
42. Section 14 of the Principal Act is amended by omitting "Division" and
substituting "Part".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 43
Innocent commercial exploitation
43. Section 20 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
"(1) The EL rights in an eligible layout are not infringed by a person who
commercially exploits, or authorises the commercial exploitation of, an
unauthorised integrated circuit in Australia, being a circuit made in
accordance with the layout, if, at the time when the person acquired the
circuit, the person did not know, and could not reasonably be expected to have
known, that the circuit was unauthorised.";
(b) by omitting from subsection (2) "EL rights subsist in the layout" and
"layout" (second occurring) and substituting "the integrated circuit is
unauthorised" and "circuit", respectively;
(c) by omitting from subsection (2) "those rights" and substituting "the EL
rights in the layout";
(d) by adding at the end the following subsection:
"(3) In this section:
`unauthorised', in relation to an integrated circuit made in accordance with
an eligible layout, means made without the licence of the owner of the EL
rights in the layout.".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 44
Copying for private use
44. Section 21 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
"(1) The EL rights in an eligible layout are not infringed by making:
(a) a copy or copies of the layout; or
(b) an integrated circuit in accordance with the layout or with a copy of
the layout;
for the private use of the person who does the making.";
(b) by inserting in subsection (2) ", or an integrated circuit made in
accordance with an eligible layout or with a copy of such a layout," after
"eligible layout";
(c) by omitting from subsection (2) "it is commercially exploited or if it
is" and substituting "the copy or integrated circuit, as the case may be, is
commercially exploited or".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 45
Copying for research or teaching purposes
45. Section 22 of the Principal Act is amended by inserting ", or by making
an integrated circuit in accordance with the layout or with a copy of the
layout," after "the layout".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 46
Evaluation or analysis
46. Section 23 of the Principal Act is amended by adding at the end the
following subsection:
"(2) The EL rights in an eligible layout are not infringed:
(a) by making an integrated circuit in accordance with the layout, or with
a copy of the layout, for the purpose of evaluating or analysing the layout;
or
(b) by making an original circuit layout based on an evaluation or analysis
carried out with the use of an integrated circuit referred to in paragraph
(a); or
(c) by making an integrated circuit in accordance with an original circuit
layout referred to in paragraph (b); or
(d) by copying or commercially exploiting in Australia an original circuit
layout referred to in paragraph (b).".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 47
Use for purposes of defence or security
47. Section 25 of the Principal Act is amended:
(a) by omitting subsection (1) and substituting the following subsection:
"(1) An act done by the Commonwealth, or by a person authorised in writing by
the Commonwealth, in relation to an eligible layout is not an infringement of
the EL rights in the layout if:
(a) the act is for the defence or security of Australia; and
(b) the Commonwealth, or the authorised person, as the case may be, has
unsuccessfully taken all reasonable steps to obtain the licence of the owner
of the EL rights, on reasonable terms, to do the act.";
(b) by omitting from subsection (2) all the words from and including ", and
may be given".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 48
Eligible foreign countries
48. Section 42 of the Principal Act is amended by omitting paragraph (a) and
substituting the following paragraph:
"(a) it is a party to a convention relating to the protection of circuit
layouts and:
(i) Australia is also a party to the convention; or
(ii) Australia, although not a party to the convention, has taken all
necessary steps to become such a party; or".
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - PART 4
PART 4 - AMENDMENTS OF OTHER ACTS
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SECT 49
Amendments of other Acts
49. The Acts specified in the Schedule are amended as set out in the
Schedule.
LAW AND JUSTICE LEGISLATION AMENDMENT ACT 1990 No. 115 of 1990 - SCHEDULE
SCHEDULE Section 49
AMENDMENTS OF OTHER ACTS
Acts Interpretation Act 1901
Subsection 4 (2):
Omit the subsection, substitute the following
subsections:
"(1A) Where:
(a) an Act that is in operation (in this
subsection called the `parent Act') is expressed to
confer power to make an instrument of a legislative
or administrative character (including rules,
regulations or by-laws); and
(b) the Act concerned is expressed to amend the
parent Act in such a manner that the parent Act, as
amended, will confer additional power to make such
an instrument;
then, unless the contrary intention appears:
(c) the powers mentioned in paragraphs (a) and
(b) may be exercised by making a single instrument;
and
(d) such an instrument is to be treated as made
under subsection (1) so far as any provisions
contained in it required an exercise of the
additional power mentioned in paragraph (b).
"(2) An appointment made under subsection (1)
takes effect:
(a) on the day specified in the appointment,
being a day that is not earlier than the day on
which the Act concerned comes into operation; or
(b) if a day is not specified in the appointment
- on the day on which the Act concerned comes into
operation.
"(2A) Where, because of some or all of its
provisions (in this subsection called the `relevant
provisions'), an instrument is made under subsection
(1), each relevant provision takes effect, as
declared in the instrument:
(a) on a specified date that is not earlier than
the date when the Act concerned comes into
operation; or
(b) from a specified time on a specified date
that is not earlier than the date and time when the
Act concerned comes into operation; or
(c) on the date, or from the date and time, when
the Act concerned comes into operation.".
Subsection 4 (4):
Omit "and (2)", substitute ", (2) and (2A)".
Subsection 4 (5):
Omit "(2)", substitute "(1A), (2), (2A)".
Paragraph 22 (1) (a):
Omit the paragraph, substitute the following
paragraphs:
"(a) expressions used to denote persons
generally (such as `person', `party', `someone',
`anyone', `no-one', `one', `another' and `whoever'),
include a body politic or corporate as well as an
individual;
(aa) `individual' means a natural person;".
Subsection 22 (2):
Omit "shall not be taken to imply that references
in the Act to persons do not also include references
to", substitute "do not imply that expressions in
the Act of the kind mentioned in paragraph (1) (a)
do not include".
After paragraph 33A (b):
Insert the following paragraph:
"(ba) where the appointment is to act in a
vacant office, the appointee must not continue to
act in the office for more than 12 months;".
Section 46:
Add at the end the following subsection:
"(2) Where an Act confers upon an authority power
to make an instrument (including rules, regulations
or by-laws) or a resolution:
(a) specifying, declaring or prescribing a matter
or thing; or
(b) doing anything in relation to a matter or
thing;
then, in exercising the power, the authority may
identify the matter or thing by referring to a class
or classes of matters or things.".
Subsection 46A (1):
Insert "the enabling provision or any other
provision of the law" after "(however described)
and".
Subsection 48 (2):
Omit the subsection, substitute the following
subsection:
"(2) A regulation, or a provision of regulations,
has no effect if, apart from this subsection, it
would take effect before the date of notification
and as a result:
(a) the rights of a person (other than the
Commonwealth or an authority of the Commonwealth) as
at the date of notification would be affected so as
to disadvantage that person; or
(b) liabilities would be imposed on a person
(other than the Commonwealth or an authority of the
Commonwealth) in respect of anything done or omitted
to be done before the date of notification.".
Australian Capital Territory Supreme Court Act 1933
Section 8AA:
Repeal the section, substitute the following
section:
Exercise of jurisdiction in relation to legal practitioners
"8AA. (1) The jurisdiction of the Supreme Court
in an application made under an Ordinance or
enactment relating to legal practitioners, being an
application for admission to practise as a barrister
and solicitor, or as a barrister or as a solicitor,
of the Court, must be exercised by at least 3 Judges
sitting together in Court, unless the Chief Justice
directs otherwise.
"(2) The jurisdiction of the Supreme Court in the
following matters must be exercised by at least 3
Judges sitting together in Court:
(a) a matter relating to the issue or
cancellation of a practising certificate under an
Ordinance or enactment relating to legal
practitioners;
(b) a matter relating to the professional
behaviour or conduct of a legal practitioner.
"(3) This section does not prevent a single Judge
from giving directions of an interlocutory kind in
relation to a matter mentioned in subsection (2).".
Australian Security Intelligence Organization Act 1979
Subsection 92G (3):
(a) After "before the Committee," insert "or
of the contents of a document produced to the
Committee in private,".
(b) Omit "a witness", substitute "the person
who gave the evidence or produced the document".
Subsection 92G (4):
Omit "evidence or authorise the disclosure or
publication of evidence", substitute ", or
authorise the disclosure or publication of, evidence
or the contents of a document".
Section 92P:
Repeal the section, substitute the following section:
Continuance of evidence
"92P. Subject to subsection 92G (1), where
evidence, or a document, relating to a matter has
been taken by or produced to the Committee as
constituted at any time, but the Committee as so
constituted has ceased to exist before reporting on
the matter, the Committee as constituted at any
later time, whether during the same or another
Parliament, may consider that evidence or document
as if the evidence or document had been taken by or
produced to it.".
Subsection 92R (2):
Omit the subsection, substitute the following
subsection:
"(2) Where evidence, or the contents of a
document, taken by or produced to the Committee in
private are disclosed or published under section
92G, section 4 of the Parliamentary Papers Act 1908
applies to the disclosure or publication as if it
were a publication under an authority given under
section 2 of that Act.".
Australian Security Intelligence Organization
Amendment Act 1986
Sections 33, 36 and 37:
Repeal the sections.
Family Law Act 1975
Subsection 94 (1):
Omit "An appeal", substitute "Subject to
section 94AA, an appeal".
After section 94:
Insert the following section:
Leave to appeal needed in some cases
"94AA. (1) An appeal does not lie to a Full Court
of the Family Court from a prescribed decree, except
by leave of a Full Court of that Court.
"(2) An application for leave is to be determined
by a Full Court of the Family Court.
"(3) The Rules of Court may make provision for
enabling applications for leave to be dealt with,
subject to conditions prescribed by the Rules,
without an oral hearing.
"(4) In this section:
`child welfare matter' has the same meaning as in
Part VII;
`prescribed decree' means a decree of the kind
mentioned in subsection 94 (1) that is an
interlocutory decree, but does not include a decree
in relation to a child welfare matter.".
Federal Court of Australia Act 1976
Subsection 25 (2):
Omit the subsection, substitute the following
subsections:
"(2) Applications:
(a) for leave or special leave to appeal to the
Court; or
(b) for an extension of time within which to
institute an appeal to the Court; or
(c) for leave to amend the grounds of an appeal
to the Court; or
(d) to stay an order of a Full Court;
may be heard and determined by a single Judge or by
a Full Court.
"(2A) The Rules of Court may make provision
enabling applications of the kind mentioned in
subsection (2) to be dealt with, subject to
conditions prescribed by the Rules, without an oral
hearing.".
After section 29:
Insert the following section:
Prison sentence not to include time on bail
"29A. Where a person who has been convicted of an
offence and sentenced to a term of imprisonment
appeals to the Court against the conviction or
sentence, or both, any time during which the person
is released on bail pending the determination of the
appeal does not count as part of the term of
imprisonment to which the person has been
sentenced.".
Subsection 51A (4):
Omit "plaintiff", substitute "applicant".
Section 52:
(a) Omit "at such rate as is fixed by the Rules
of Court".
(b) Add at the end the following subsection:
"(2) Interest is payable:
(a) at such rate as is fixed by the Rules of
Court; or
(b) if the Court, in a particular case, thinks
that justice so requires - at such lower rate as the
Court determines.".
Subsection 56 (1):
Omit "a plaintiff", substitute "an applicant".
Human Rights and Equal Opportunity Commission Act 1986
Subsection 3 (1) (definition of "Commonwealth
enactment"):
Insert ", an Australian Capital Territory
enactment" after "a Territory enactment".
Subsection 3 (1) (definition of "Minister"):
Insert in paragraph (b) "Australian Capital
Territory or the" after "the".
Subsection 3 (1) (definition of "State"):
Insert "Australian Capital Territory and the"
after "the".
Subsection 3 (1) (definition of "State
enactment"):
Insert "an Australian Capital Territory enactment
and" after "includes".
Subsection 3 (1) (definition of "Territory"):
Insert "the Australian Capital Territory or"
after "include".
Subsection 3 (1):
Insert the following definition:
" `Australian Capital Territory enactment' means an
enactment of the Australian Capital Territory within
the meaning of the Australian Capital Territory
(Self-Government) Act 1988, or an instrument made
under such an enactment;".
Marriage Act 1961
Subsection 9C (6):
Omit "the Gazette", substitute "such manner as
the Minister considers appropriate".
Racial Discrimination Act 1975
After subsection 9 (1):
Insert the following subsection:
"(1A) Where:
(a) a person requires another person to comply
with a term, condition or requirement which is not
reasonable having regard to the circumstances of the
case; and
(b) the other person does not or cannot comply
with the term, condition or requirement; and
(c) the requirement to comply has the purpose or
effect of nullifying or impairing the recognition,
enjoyment or exercise, on an equal footing, by
persons of the same race, colour, descent or
national or ethnic origin as the other person, of
any human right or fundamental freedom in the
political, economic, social, cultural or any other
field of public life;
the act of requiring such compliance is to be
treated, for the purposes of this Part, as an act
involving a distinction based on, or an act done by
reason of, the other person's race, colour, descent
or national or ethnic origin.".
Subsection 9 (2):
(a) Omit "The reference to subsection (1)",
substitute "A reference in this section".
(b) Omit "a reference to".
Subsection 9 (3):
Omit "Subsection (1)", substitute "This
section".
Subsection 9 (4):
Omit "subsection (1)", substitute "this
section".
Section 18:
Repeal the section, substitute the following
section:
Acts done for 2 or more reasons
"18. Where:
(a) an act is done for 2 or more reasons; and
(b) one of the reasons is the race, colour,
descent or national or ethnic origin of a person
(whether or not it is the dominant reason or a
substantial reason for doing the act);
then, for the purposes of this Part, the act is
taken to be done for that reason.".
After section 18:
Insert the following section:
Vicarious liability
"18A. (1) Subject to subsection (2), if:
(a) an employee or agent of a person does an act
in connection with his or her duties as an employee
or agent; and
(b) the act would be unlawful under this Part if
it were done by that person;
this Act applies in relation to that person as if
that person had also done the act.
"(2) Subsection (1) does not apply to an act done
by an employee or agent of a person if it is
established that the person took all reasonable
steps to prevent the employee or agent from doing
the act.".
Service and Execution of Process Act 1901
Subsection 26A (1):
Insert the following definition:
" `facsimile', in relation to a warrant, means a
copy of the warrant that has been produced by
facsimile telegraphy;".
Subsection 26E (5):
Insert ", or a facsimile of the warrant," after
"warrant" (second occurring).
Subsection 26J (1):
Omit "the next succeeding subsection",
substitute "subsection (2)".
After subsection 26J (1):
Insert the following subsections:
"(1A) Subject to subsection (2), payment of an
amount in respect of a fine in relation to which a
warrant of commitment has been issued under section
26H may be made to, and received by, the constable
executing the warrant before the constable takes the
person liable to pay the fine into custody.
"(1B) Where a payment is received by a constable
under subsection (1A), the constable must not
execute the warrant of commitment but must return it
to the Clerk of the Court that made the order of
committal at the same time as the constable forwards
the amount of the payment to the Clerk under
subsection (4).".
Subsection 26J (2):
Insert "or a warrant of commitment" after
"apprehension".
Sex Discrimination Act 1984
Subsection 4 (1) (definition of "administrative
office"):
(a) Insert in paragraph (c) "the Australian
Capital Territory and" after "including".
(b) Insert before paragraph (e) the following
paragraph:
"(ea) an office of member of the Assembly,
member of the Executive, or Minister within the
meaning of the Australian Capital Territory (Self-
Government) Act 1988;".
Subsection 4 (1) (definition of "State"):
Insert "the Australian Capital Territory and"
before "the".
Subsection 4 (1) (definition of "Territory"):
Insert "the Australian Capital Territory and"
before "the".
Statutory Declarations Act 1959
Section 4:
Insert the following definitions:
" `State' includes the Northern Territory;
`Territory' does not include the Northern
Territory.".
Paragraph 12 (1) (a):
Insert "(other than the Northern Territory)"
after "States".
Paragraph 12 (1) (b):
Omit "Territories,", substitute "Territories
and of the Northern Territory;".