STATUTE LAW REVISION ACT 1981 No. 61, 1981
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - TABLE OF PROVISIONS
STATUTE LAW REVISION ACT 1981 No. 61 of 1981
TABLE OF PROVISIONS
PART I - PRELIMINARY Section
21. Review of revocation of authority Section
PART V - AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975
15. Review of decisions
PART IX - AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955
full-time military service
82B. Review of decisions Section
PART XII - AMENDMENT OF THE EXCISE ACT 1901
PART XIII - AMENDMENT OF THE HISTORIC
SHIPWRECKS ACT 1976
22. Australian Naval Reserve
31. Service of the Permanent Naval Forces
PART XVII - AMENDMENTS OF THE PUBLIC SERVICE ACT 1922
15A. Review by Administrative Appeals Tribunal Section
PART XX - AMENDMENT OF THE SPIRITS ACT 1906
PART XXIII - AMENDMENTS OF THE TRADE UNION TRAINING AUTHORITY ACT 1975
Division 1 - Principal Act
SCHEDULE 1 AMENDMENTS OF OTHER ACTS
SCHEDULE 2 AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS III, X AND XV Section
SCHEDULE 3 AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS XVIII AND XXI
SCHEDULE 4 REPEAL OF ACTS
Part I - Supply Acts Part II - Appropriation Acts Part III - Validating Acts Part IV - Grants Acts Part V - Loan Acts Part VI - Bounty Acts Part VII - Miscellaneous Acts
SCHEDULE 5 REPEAL OF CERTAIN INCORPORATING ACTS
Part I - Tax Acts and Health Insurance Levy Acts
Division 1 - Tax Acts
Division 2 - Health Insurance Levy Acts
Part II - Senate Elections Acts STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 1. Short title.
STATUTE LAW REVISION ACT 1981 No. 61 of 1981
An Act for the purposes of statute law revision, and for other purposes
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I - PRELIMINARY Short title
1. This Act may be cited as the Statute Law Revision Act 1981. *1*
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 2. Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. *1*
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 3. Principal Act
PART II - AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
(2) The amendment made by sub-section (1) does not affect any application made to the Administrative Appeals Tribunal before the commencement of this section, or any matter or thing arising out of, or any proceeding incidental to or connected with, any such application.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 5. Principal Act
PART III - AMENDMENTS OF THE AIR FORCE ACT 1923
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 7. Permanent Air Force
"4D.(1) The Australian Air Force Reserve consists of the Air Force Active Reserve, the Air Force General Reserve and the Air Force Specialist Reserve.
"(2) The Active Citizen Air Force in existence immediately before the commencement of this section continues in existence as a force forming part of the Australian Air Force Reserve, under the name Air Force Active Reserve, but so that the identity and membership of the force is not affected.
"(3) The Air Force Reserve in existence immediately before the commencement of this section continues in existence as a force forming part of the Australian Air Force Reserve, under the name Air Force General Reserve, but so that the identity and membership of the force is not affected.
"(4) The Air Force Active Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.
"(5) The Air Force General Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.
"(6) The Air Force Specialist Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 10. Service of the Permanent Air Force
10. Section 4G of the Principal Act is amended -
(a) by omitting sub-section (1) and substituting the following sub-section:
"(1) Members of the Permanent Air Force are bound to render continuous full time air-force service."; and
(b) by inserting in sub-section (2) "full time air-force" after "continuous".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 11. Service of the Air Force Emergency Force
11. Section 4H of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 12. Service of the Australian Air Force Reserve
12. Section 4J of the Principal Act is amended -
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
"(1) Subject to this section, members of the Australian Air Force Reserve are not bound to render continuous full time air-force service.
"(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Air Force Active Reserve and the Air Force Specialist Reserve, or different training periods in respect of different parts, or different classes of members, of those Reserves.
"(2A) Members of the Air Force Active Reserve or the Air Force Specialist Reserve are bound to render, in each training period, airforce service, other than continuous full time air-force service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service.
"(2B) The regulations -
"(4) A member of the Australian Air Force Reserve may at any time voluntarily undertake to render air-force service, other than continuous full time air-force service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render air-force service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs.
"(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations, in respect of a part, or a class of members, of the Air Force Active Reserve of the Air Force Specialist Reserve, a member of that Reserve included in that part or class may, in addition to rendering air-force service that he is bound to render in pursuance of sub-section (2A) or (4), render voluntarily, in a training period, air-force service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed.
"(6) Where a kind or kinds of air-force service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Air Force Active Reserve or the Air Force Specialist Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of that Reserve included in that part or class to render voluntarily air-force service of a kind other than a kind so fixed.
"(7) Nothing in this section affects the liability of a member of the Australian Air Force Reserve to be employed on continuous full time air-force service while he is a member of a part of that Reserve called out for such service under section 50A or 51 of the Defence Act.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 13. Transitional and savings
13. (1) The Australian Air Force Reserve is, for all purposes, a continuation, under that name, of the part of the Air Force previously known as the Citizen Air Force.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 14. Principal Act
PART IV - AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969
"21. An application may be made to the Administrative Appeals Tribunal for review of a revocation by the Commissioner of Taxation under section 20 of an authority granted to a banker under this Division.".
(2) The amendment made by sub-section (1) applies in relation to a revocation by the Commissioner of Taxation under section 20 of the Australian Capital Territory Taxation (Administration) Act 1969 effected before or after the commencement of this section.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 16. Principal Act
PART V - AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975
"(8) An application may be made to the Administrative Appeals Tribunal for review of a requirement made under this section.".
(2) The amendment made by sub-section (1) applies in relation to a requirement made under section 10 of the Australian Film Commission Act 1975 made before or after the commencement of this section.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 18. Principal Act
PART VI - AMENDMENT OF THE AUSTRALIAN NATIONAL UNIVERSITY ACT 1946
18. The Australian National University Act 1946 *6* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 19. Constitution of Council
19. Section 11 of the Principal Act is amended by omitting from paragraph
(1) (f) "Deans of Faculties in the School" and substituting "deans of faculties within The Faculties".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 20.
Principal Act
PART VII - AMENDMENT OF THE CANBERRA WATER SUPPLY (GOOGONG DAM) ACT 1974
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 22. Principal Act
PART VIII - AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905
"15. (1) Applications may be made to the Administrative Appeals Tribunal for review of -
"(3) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 24. Principal Act
PART IX - AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955
24. The Courts-Martial Appeals Act 1955 *9* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 25. Arrest of witness for failing to appear
25. Section 32 of the Principal Act is amended by omitting from sub-section
(3) "Commonwealth Police Officer" and substituting "member or special member of the Australian Federal Police".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 26. Principal Act
PART X - AMENDMENTS OF THE DEFENCE ACT 1903
26. The Defence Act 1903 *9* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 27. Interpretation
27. Section 4 of the Principal Act is amended -
"'The Permanent Forces' means the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement and the Permanent Air Force.
"'The Reserve Forces' means the Australian Naval Reserve, the Australian Army Reserve and the Australian Air Force Reserve.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 28. Term of appointment
28. Section 10A of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 29. Repeal of sections 24 and 25
29. Sections 24 and 25 of the Principal Act are repealed.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 30. Retired lists
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 32. Permanent Military Forces
32. Section 32 of the Principal Act is amended -
(a) by omitting sub-section (1) and substituting the following sub-section:
"(1) The Permanent Military Forces consist of 3 forces, namely, the Australian Regular Army, the Regular Army Supplement and the Regular Army Emergency Reserve.";
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 33.
33. Section 32A of the Principal Act is repealed and the following section substituted: Australian Army Reserve
"32A. (1) The Australian Army Reserve consists of 2 forces, namely, the Active Australian Army Reserve and the Inactive Australian Army Reserve.
"(2) The Active Citizen Military Forces in existence immediately before the commencement of this section continue in existence as a force forming part of the Australian Army Reserve, under the name Active Australian Army Reserve, but so that the identity and membership of the force is not affected.
"(3) The Reserve Citizen Military Forces in existence immediately before the commencement of this section continue in existence as a force forming part of the Australian Army Reserve, under the name Inactive Australian Army Reserve, but so that the identity and membership of the force is not affected.
"(4) The Active Australian Army Reserve consists of officers appointed to, and of soldiers enlisted in, that force and of officers transferred to that force from any part of the Permanent Military Forces or from the Inactive Australian Army Reserve.
"(5) The Inactive Australian Army Reserve consists of officers appointed to, and of soldiers enlisted in, that force and of officers transferred to that force from any part of the Permanent Military Forces or from the Active Australian Army Reserve.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 34. Discharge upon expiration of period of engagement
34. Section 39 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 35. Discharge of members of Australian Army Reserve
35. Section 40 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 36. Discharge of members of Regular Army Emergency Reserve
36. Section 41 of the Principal Act is amended -
"(c) during any period for which he has volunteered to render continuous full time military service,";
"(2) Whenever a soldier of the Regular Army Emergency Reserve claims his discharge as provided by sub-section (1), he shall be discharged with all convenient speed, but until he is discharged he remains a soldier of the Regular Army Emergency Reserve.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 37. Enlistment in Reserve Force
37. Section 42 of the Principal Act is repealed.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 38. Service of the Permanent Military Forces
38. Section 45 of the Principal Act is amended by omitting sub-sections (1) and (3) and substituting the following sub-sections:
"(1) Members of the Australian Regular Army or of the Regular Army Supplement are bound to render continuous full time military service.
"(2) Members of the Regular Army Emergency Reserve are not bound to render continuous full time military service otherwise than -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 39. Calling out of the Regular Army Emergency Reserve for continuous full time military service
39. Section 46 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 40. Calling out of the Regular Army Reserve for continuous service 40. Section 47 of the Principal Act is repealed.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 41. Direction by prescribed authority
41. Section 48 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 42. Application of certain regulations to the Regular Army Emergency Reserve
42. Section 49 of the Principal Act is amended by omitting "and members of the Regular Army Reserve".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 43. Service of the Australian Army Reserve
43. Section 50 of the Principal Act is amended -
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
"(1) Members of the Australian Army Reserve are not bound to render continuous full time military service otherwise than -
"(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Active Australian Army Reserve, or different training periods in respect of different parts, or different classes of members, of that Reserve.
"(2A) Members of the Active Australian Army Reserve are bound to render, in each training period, military service, other than continuous full time military service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service.
"(2B) The regulations -
"(4) A member of the Australian Army Reserve may at any time voluntarily undertake to render military service, other than continuous full time military service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render military service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs.
"(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Active Australian Army Reserve, a member of that Reserve included in that part or class may, in addition to rendering military service that he is bound to render in pursuance of sub-section (2A) or (4), render voluntarily, in a training period, military service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed.
"(6) Where a kind or kinds of military service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Active Australian Army Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of that part, or included in that class, to render voluntarily military service of a kind other than a kind so fixed.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 44. Calling out of the Reserve Forces in time of war or defence emergency
44. Section 50A of the Principal Act is amended by omitting from sub-section
(1) "Citizen Forces" and substituting "Reserve Forces".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 45. Service of Reserve Forces after call out
45. Section 50B of the Principal Act is amended by omitting "Citizen Forces" (wherever occurring) and substituting "Reserve Forces".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 46. Citizen Military Forces to be returned to districts
46. Section 50D of the Principal Act is repealed.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 47. Protection of States from domestic violence
47. Section 51 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 48. Absence for more than 7 days deemed to be desertion
48. Section 78 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 49. Power to discharge or disrate members of Reserve Forces
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 52. Principal Act
PART XI - AMENDMENT OF THE DISTILLATION ACT 1901
52. The Distillation Act 1901*10* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 53.
53.(1) After section 82A of the Principal Act the following section is inserted: Review of decisions
"82B. (1) An application may be made to the Administrative Appeals Tribunal for review of -
"(2) In sub-section (1), 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 54. Principal Act
PART XII - AMENDMENT OF THE EXCISE ACT 1901
"162C. (1) An application may be made to the Administrative Appeals Tribunal for review of -
"(2) Where a dispute referred to in section 154 has arisen and the owner of the goods has, in accordance with that section, deposited the amount of duty demanded by the Collector, an application may be made to the Administrative Appeals Tribunal for review of the demand made by the Collector for that amount.
"(3) An application may not be made under sub-section (2) unless the application is made within a period of 6 months after the making of the deposit referred to in that sub-section.
"(4) Where the owner of goods has made an application under sub-section (2) -
"(5) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 56. Principal Act
PART XIII - AMENDMENT OF THE HISTORIC SHIPWRECKS ACT 1976
56. The Historic Shipwrecks Act 1976*12* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 57. Interpretation
57. Section 3 of the Principal Act is amended by omitting from sub-section
(5) "as in force immediately before the commencement of this sub-section" and substituting "as in force immediately after the commencement of Part II of the Petroleum (Submerged Lands - Miscellaneous Amendments) Act 1981".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 58. Principal Act
PART XIV - AMENDMENTS OF THE MIGRATION ACT 1958
"(1C) In sub-section (1) -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 60.
60. (1) After section 66D of the Principal Act the following section is inserted: Review of decisions
"66E. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under section 12, 13 or 48 other than a decision made on a matter remitted by the Tribunal for reconsideration in accordance with sub-section (3).
"(2) A person is not entitled to make an application under sub-section (1) in relation to a decision under section 12 or 13 unless -
"(3) After reviewing a decision referred to in sub-section (1), the Tribunal shall either affirm the decision or remit the matter for reconsideration in accordance with any recommendations of the Tribunal.
"(4) For the purpose of reviewing a decision referred to in sub-section (1), the Tribunal shall be constituted by a presidential member alone.
"(5) Where an application has been made to the Tribunal for the review of a decision under section 12 or 13 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 39 to have ceased or to cease to be in force by reason only of any order that has been made by the Tribunal or a presidential member under section 41 of the Administrative Appeals Tribunal Act 1975 or by the Federal Court of Australia or a Judge of that Court under section 44A of that Act.
"(6) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.".
(2) The amendment made by sub-section (1) applies in relation to a decision of the Minister under section 12, 13 or 48 of the Migration Act 1958 given
before or after the commencement of this section. STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 61. Principal Act PART XV - AMENDMENTS OF THE NAVAL DEFENCE ACT 1910
61. The Naval Defence Act 1910*14* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 62. Terms of appointment
62. Section 9 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 63. Retired lists
"22. The Australian Naval Reserve consists of officers appointed to, and of sailors enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Naval Forces or the Naval Emergency Reserve Forces.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 67. Discharge on expiration of period of engagement
67. Section 28 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 68. Discharge prior to expiration of period of engagement
68. Section 29 of the Principal Act is amended -
"Australian Naval Reserve".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 69.
69. Section 31 of the Principal Act is repealed and the following section substituted: Service of the Permanent Naval Forces
"31. Members of the Permanent Naval Forces are bound to render continuous full time naval service.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 70. Service of the Naval Emergency Reserve Forces
70. Section 32 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 71. Service of the Australian Naval Reserve
71. Section 32A of the Principal Act is amended -
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
"(1) Subject to this section, members of the Australian Naval Reserve are not bound to render continuous full time naval service.
"(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Australian Naval Reserve, or different training periods in respect of different parts, or different classes of members, of that Reserve.
"(2A) Members of the Australian Naval Reserve are bound to render, in each training period, naval service, other than continuous full time naval service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service.
"(2B) The regulations -
"(4) A member of the Australian Naval Reserve may at any time voluntarily undertake to render naval service, other than continuous full time naval service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render naval service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs.
"(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Australian Naval Reserve, a member of that Reserve included in that part or class may, in addition to rendering naval service that he is bound to render in pursuance of sub-section (2A) or (4), render voluntarily, in a training period, naval service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed.
"(6) Where a kind or kinds of naval service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Australian Naval Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of the Reserve included in that part or class to render voluntarily naval service of a kind other than a kind so fixed.
"(7) Nothing in this section affects the liability of a member of the Australian Naval Reserve to be employed on continuous full time naval service while he is a member of a part of that Reserve called out for such service under section 50A or 51 of the Defence Act.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 72. Transitional and savings
72. (1) The Australian Naval Reserve is, for all purposes, a continuation, under that name, of the part of the Navy previously known as the Citizen Naval Forces.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 73. Principal Act
PART XVI - AMENDMENTS OF THE PIG INDUSTRY RESEARCH ACT 1971
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 75. Australian Pig Industry Research Committee
75. Section 8 of the Principal Act is amended by omitting from sub-section
(1) "Pig Industry Research Committee" and substituting "Australian Pig Industry Research Committee".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 76. Transitional
76. The Australian Pig Industry Research Committee is, for all purposes, the continuation, under that name, of the body by the name of the Pig Industry Research Committee constituted under the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 77. Principal Act
PART XVII - AMENDMENTS OF THE PUBLIC SERVICE ACT 1922
77. The Public Service Act 1922*16* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 78. Suspension of officers included in Second, Third or Fourth Division
78. Section 63B of the Principal Act is amended by omitting from paragraph
(3) (a) "sub-section 62 (2)" and substituting "sub-section 61 (2)".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 79. Temporary employment
79. Section 82 of the Principal Act is amended by omitting sub-section (6B) and substituting the following sub-section:
"(6B) The services of an employee to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies shall not be dispensed with under sub-section (6) except on -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 80. Application for reinstatement as person to whom Division applies
80. Section 87P of the Principal Act is amended by omitting from subsections (5), (6) and (7) "sub-section (1)" and substituting "sub-section (2)".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 81. Principal Act
PART XVIII - AMENDMENTS OF THE SCHOOLS COMMISSION ACT 1973
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 83. Short title STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 85. Establishment of Commission
85. Section 4 of the Principal Act is amended by omitting from sub-section
(1) "Schools Commission" and substituting "Commonwealth Schools Commission".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 86. Functions of Commission
86. Section 13 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 87. State and Territory Commonwealth Schools Commission Advisory Boards
87. Section 16 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 88. Transitional
88. (1) The Commonwealth Schools Commission is, for all purposes, a continuation, under that name, of the body known as the Schools Commission established by the Principal Act and a reference in any law of the Commonwealth other than this Act to the Schools Commission shall be construed as a reference to the Commonwealth Schools Commission.
(2) A Commonwealth Schools Commission Advisory Board is, for all purposes, a continuation, under that name, of the body having the same membership that was known as a Schools Commission Advisory Board and was established under section 16 of the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 89. Principal Act
PART XIX - AMENDMENT OF THE SOCIAL SERVICES ACT 1947
"15A. (1) Where the Director-General has, on or after 9 September 1980 in pursuance of section 14 or 15, made a decision affirming, varying or annulling a determination, direction, decision or approval of an officer, being a determination, direction, decision or approval that has been reviewed by a Social Security Appeals Tribunal, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision of the Director-General.
"(2) Where -
"(3) A reference in sub-sections (1) and (2) to a decision of an officer shall be read as including a reference to a decision referred to in section 5F of the Health Insurance Act 1973.
"(4) Where, immediately before the date of commencement of this section, a person was entitled by virtue of sub-clause 24A (3) of the Schedule to the Administrative Appeals Tribunal Act 1975 to make an application to the Administrative Appeals Tribunal for a review of a decision by the Director-General, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, that person may, on or after that date, apply to the Tribunal for review of that decision.
"(5) The operation of sub-section 29 (2) of the Administrative Appeals Tribunal Act 1975 in relation to an application under sub-section (2) of this section for review of a decision is modified so that the prescribed time for the purposes of paragraph 29 (1) (d) of that Act is the period commencing on the day on which the decision was or is made and ending on the twenty-eighth day after -
(iii) in any other case - the certificate day.".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 91. Principal Act
PART XX - AMENDMENT OF THE SPIRITS ACT 1906
"(2) An application may be made to the Administrative Appeals Tribunal for review of a decision of a Collector of Customs under sub-section (1).
"(3) In sub-section (2), 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.".
(2) The amendment made by sub-section (1) applies in relation to a decision of a Collector of Customs under section 20 of the Spirits Act 1906 given before or after the commencement of this section.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 93. Principal Act
PART XXI - AMENDMENTS OF THE TERTIARY EDUCATION COMMISSION ACT 1977
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 97.
Commonwealth Tertiary Education Commission
97. Section 6 of the Principal Act is amended by omitting "Tertiary Education Commission" and substituting "Commonwealth Tertiary Education Commission".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 98. Functions of Commission
98. Section 7 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 99. Performance of functions of Commission
99. Section 8 of the Principal Act is amended by inserting in sub-section
(1) "or the Northern Territory" after "State" (wherever occurring).
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 100. Transitional references
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 101. Transitional delegations sub-sections (1) and (2) "Tertiary Education Commission" (wherever occurring) and substituting "Commonwealth Tertiary Education Commission".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 102. Transitional
102. The Commonwealth Tertiary Education Commission is, for all purposes, a continuation, under that name, of the body known as the Tertiary Education Commission established by the Principal Act and a reference in any law of the Commonwealth other than this Act to the Tertiary Education Commission shall be construed as a reference to the Commonwealth Tertiary Education Commission.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 103. Principal Act
PART XXII - AMENDMENT OF THE TRADE MARKS ACT 1955
103. The Trade Marks Act 1955*21* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 104. Matters to be considered before acceptance
104. Section 86 of the Principal Act is amended by omitting from sub-section
(3) "an Appeal Tribunal" and substituting "a prescribed court".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 105. Principal Act
PART XXIII - AMENDMENTS OF THE TRADE UNION TRAINING AUTHORITY ACT 1975
Division 1 - Principal Act
105. The Trade Union Training Authority Act 1975*22* is in this Part referred to as the Principal Act.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 106. Constitution of Executive Board
Division 2 - Amendments relating to the Australian Council
106. Section 8M of the Principal Act is amended by omitting from paragraph (1)(d) and sub-section (2)",(e)".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 107. Constitution of the Australian Council
107. Section 14 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 108. Method of appointment of certain members
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 112. Constitution of State Councils
Division 3 - Amendments relating to State Councils
112. Section 20 of the Principal Act is amended -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 113. Deputy members of State Councils
113.Section 22 of the Principal Act is amended by omitting from sub-section (2)",(d)".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 114. Tenure of office of members of State Councils
114.Section 23 of the Principal Act is amended by omitting from sub-section (3)",(d)".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 115. Amendments of other Acts
PART XXIV - AMENDMENTS OF OTHER ACTS 115.The Acts specified in Schedule 1 are amended as set out in that Schedule.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 116. Amendments of Acts consequential upon the amendments made by Parts III, X and XV
116. The Acts specified in Schedule 2 are amended as set out in that Schedule.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 117. Amendments of Acts consequential upon the amendments made by Parts XVIII and XXI
117.The Acts specified in Schedule 3 are amended as set out in that Schedule.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 118. Repeal of Acts
PART XXV - REPEAL OF ACTS
118. The Acts specified in Schedule 4 are repealed.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 119. Repeal of certain incorporating Acts
119.(1)Subject to this section, the Acts specified in Schedule 5 are repealed.
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SECT. 120. Saving
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 1
SCHEDULE 1 Section 115 AMENDMENTS OF OTHER ACTS
Act Amendments
Aboriginal Councils and
Associations Act 1976 Paragraph 5 (1) (c) - Omit "Corporation", substitute "corporation". Sub-section 38 (4) - Insert "and income and expenditure statement" after "balance sheet" (wherever occurring). Sub-section 50 (2) - Omit "convenant", substitute "covenant". Sub-section 59 (4) - Insert "and income and expenditure statement" after "balance sheet" (wherever occurring). Sub-section 61 (1) - Omit "Council", substitute "Governing Committee".
Acts Interpretation Act 1901 After section 15A insert the following section:
Regard to be had to purpose or object of Act
"15AA. (1) In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object.
"(2) Nothing in sub-section (1) shall be construed as authorizing, in the interpretation of a provision of an Act, the consideration of any matter or document not forming part of the Act for any purpose for which that matter or document could not be considered apart from that sub-section.".
Administrative Appeals
Tribunal Act 1975 Schedule - Omit the heading to Part XXIV, substitute the following heading: "PART XXIV - PATENT ATTORNEYS REGULATIONS".
Aged or Disabled Persons
Homes Act 1954 Sub-section 7 (2) - Omit "time, or by such instalments and at such times, as are", substitute "time as is, or by such instalments and at such times as are,".
Atomic Energy Act 1953 Paragraph 41 (2) (d) - Omit "the last preceding paragraph", substitute "paragraph (c)".
Australian Capital Territory Supreme Court Act 1953 Section 3 -
Omit "the 1 January 1934", substitute "1 January 1934". Paragraph 11 (a) - Omit "the 1 January 1911", substitute "1 January 1911".
Australian Citizenship Act 1948 Section 41 - Omit "16", substitute "15".
Australian Heritage Commission Act 1975 Paragraph 26 (3) (c) - Omit "section 25 (3)", substitute "sub-section 25 (3)".
Australian Industry Development Corporation Act 1970 Sub-section 8 (4) -
Omit "Subject to the National Investment Fund Act 1974, the", substitute "The".
Section 26A - Repeal the section.
Section 36A - Omit from sub-sections (1) and (6) "or the National Investment Fund Act 1974".
Section 37 -
Australian Institute of
Aboriginal Studies
Act 1961 Sub-section 30 (3) - Omit "fifteen days sitting", substitute "fifteen sitting days".
Australian Meat and Live-stock Corporation Act 1977 Sub-section 17 (2) -
Omit "as fixed", substitute "affixed".
Australian War Memorial
Act 1980 Sub-section 27 (1) - Omit "29", substitute "28".
Bounty (Metal-working
Machine Tools) Act 1978 Sub-section 3 (1) - Omit "12" from the definition of "authorized person", substitute "14".
Broadcasting and
Television Act 1942 Sub-section 44 (11) - Omit "period of service of employment", substitute "period of service or employment".
Cities Commission
(Repeal) Act 1975 Section 4 - Omit "Department of Environment, Housing and Community Development" from the definition of "authorized officer", substitute "Department of National Development and Energy".
Section 7 - Omit "Department of Environment, Housing and Community Development", substitute "Department of National Development and Energy".
Commonwealth Employees (Redeployment and Retirement) Act 1979 Paragraph 12 (1) (e) -
Omit "under Public Service Act 1922", substitute "under the Public Service Act 1922".
Commonwealth Teaching
Service Act 1972 Sub-section 23A (11) - Omit "period of service of employment", substitute "period of service or employment".
Conciliation and Arbitration Act 1904 Sub-section 186 (2) - Insert "profits or" after "trade secret or to the".
Copyright Act 1968 Paragraph 55 (3) (b) - Omit "sub-paragraph (iii) or sub-paragraph (iv) of paragraph (a) of sub-section (1) of this section", substitute "sub-paragraph (1) (a) (iii) or (iv)".
Paragraph 206 (3) (e) -
Omit "of this sub-section".
Customs Act 1901 Section 132E -Repeal the section.
Section 151A -
Paragraph 196 (1) - Insert "of Customs or of police" after "officer".
Defence Act 1903 Paragraph 124 (1) (r) - Omit "of this Act".
Defence (Parliamentary Candidates) Act 1969 Sub-section 14 (1) - Omit "the the", substitute "the".
Environment Protection (Impact of Proposals) Act 1974 Paragraph 9 (b) -
Omit "prescribing", substitute "prescribe".
Excise Act 1901 Section 59D -Repeal the section.
Sub-section 77M (2) - Omit "sub-item (2) of item 17 (A) in the Schedule to the Excise Tariff Act 1921", substitute "paragraph (2)
of sub-item (A) of item 17 to the Schedule to the Excise Tariff Act 1921".
Federal Court of
Australia Act 1976 Section 13 - Omit "attached" (wherever occurring) substitute "assigned". Sub-section 14 (2) -
Omit "attached", substitute "assigned".
Sub-section 45 (1) Omit "or a Deputy Registrar", substitute ", a Deputy Registrar, a District Registrar or a Deputy District Registrar".
Sub-section 49 (1) - Omit "any of them may be reduced to writing and may be made public by any other Judge at any subsequent sitting of a Full Court of the Court", substitute "any one of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Court".
Gift Duty Assessment Act 1941 Paragraph 39 (1) (a) -Add at the end thereof "or".
Homes Savings Grant
Act 1964 Sub-section 4 (1) - Omit "Department of Environment, Housing and Community Development" from the definition of "Secretary", substitute "Department of Housing and Construction".
Section 7 - Omit "Department of Environment, Housing and Community Development" (wherever occurring), substitute "Department of Housing and Construction".
Section 8 - Omit "Department of Environment, Housing and Community Development", substitute "Department of Housing and Construction".
Section 8A - Repeal the section.
Honey Industry Act 1962 Sub-section 17 (2) - Omit "paragraphs (d) and (e) of the last preceding
section", substitute "paragraphs 16 (d) and (e)".
Judiciary Amendment Act (No. 2) 1979 Section 18 - Omit sub-section (6).
Migration Act 1958 Paragraph 8 (1) (b) -Add at the end thereof ", not being a person in respect of whom a declaration is in force under sub-section (2)".
Sub-section 67 (1) - Omit "(aa)" (second occurring), substitute "(ab)".
National Capital Development Commission Act 1957 Sub-section 13 (1) -
National Service Act
1951 Section 4 - Omit "Department of Employment and Industrial Relations", from the definitions of "the Department" and "the Secretary", substitute "Department of Employment and Youth Affairs".
Act Amendments
Navigation Act 1912 Section 358 -
Omit sub-section (2), substitute the following sub-section: "(2) In sub-section (1), 'Judge', in relation to a Court of Marine Inquiry, means -
Ombudsman Act 1976 Sub-section 28 (5) - Omit "had", substitute "has".
Overseas Telecommunications Act 1946 Sub-section 33AA (11) -
Omit "period of service of employment", substitute "period of service or employment".
Paragraph 64 (2) (a) - Omit "Justice", substitute "Judge".
Parliamentary Counsel Act 1970 Section 2 - Omit from sub-section (3) "of this Act".
Section 4 - Omit "five" substitute "5".
Section 5 -
Section 6 - Repeal the section, substitute the following section:
Remuneration and allowances "6. (1) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be paid such remuneration as is determined by the Remuneration Tribunal.
"(2) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be paid such allowances as are prescribed.
"(3) This section has effect subject to the Remuneration Tribunals Act 1973.".
Section 10 - Omit from sub-section (2), "fourteen", "twenty-eight" and "twelve", substitute "14", "28" and "12", respectively.
Sections 11 and 12 - Repeal the sections.
Section 14 - Omit "to this Act".
Section 15 - Repeal the section, substitute the following section:
Acting appointments "15. (1) The Governor-General may appoint a person who is eligible for appointment as the First Parliamentary Counsel to act in the office of First Parliamentary Counsel -
"(3) An appointment of a person under sub-section (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
"(4) The Governor-General may -
"(6) Sections 7, 8 and 14 apply in relation to a person appointed under this section to act in the office of First Parliamentary Counsel or in an office of Second Parliamentary Counsel in like manner as they apply in relation to the First Parliamentary Counsel or a Second Parliamentary Counsel, as the case may be.
"(7) While a person is acting in the office of First Parliamentary Counsel, he has and may exercise all the powers, and shall perform all the functions, of the First Parliamentary Counsel under this Act or any other law.
"(8) The validity of anything done (whether before or after the commencement of this section) by a person who purported to act in the office of First Parliamentary Counsel shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.".
Section 16 -
Pig Industry Research Act 1971 Paragraph 5 (2) (b) - Omit "purchased", substitute "produced".
Pig Slaughter Levy Act
1971 Section 4 - Omit the definition of "Research Committee", substitute the following definition:
"'Research Committee' means the Australian Pig Industry Research Committee constituted under the Pig Industry Research Act 1971;".
Postal Services Act 1975 Sub-section 46A (11) - Omit "period of service of employment", substitute "period of service or employment".
Public Service Act 1922 Sub-section 32A (11) - Omit "period of service of employment", substitute "period of service or employment".
Paragraph 63 (1) (a) - Omit "within the period of 6 months immediately preceding, or succeeding, the commencement of this section", substitute "after 15 September 1980".
Re-establishment and Employment Act 1945 Division 2 of Part II -Repeal the Division.
Services Trust Funds
Act 1947 Section 34 - Omit "Minister for Finance" (wherever occurring), substitute "Minister".
Sub-section 35 (2) - Omit "Minister for Finance", substitute "Minister".
Ship Construction Bounty Act 1975 Sub-section 17 (3) - Omit "respect of", substitute "respect to".
Social Services Act 1947 Section 18 -
Paragraph 37 (c) - Omit "the Registrar whose office is nearest to the place of residence of the claimant", substitute "a Registrar".
Paragraph 66 (c) - Omit "the Registrar whose office is nearest to the place of residence of the claimant", substitute "a Registrar".
Sub-section 83AD (2) - Omit "that paragraph" (wherever occurring), substitute "paragraph (b)".
Sub-section 106 (1) - Omit "V," from paragraph (b) of the definition of "income".
Section 133B - Omit "Commonwealth Hostels Limited" (wherever occurring), substitute "Commonwealth Accommodation and Catering Services Limited".
Paragraph 133F (2) (b) - Omit "the Registrar whose office is nearest to the person's place of residence", substitute "a Registrar".
Section 133Q - Omit "section 48, 52, 77", substitute "section 52".
Statistics (Arrangements with States) Act 1956 Section 9 -Repeal the section.
Telecommunications Act
1975 Sub-section 43A (11) - Omit "period of service of employment", substitute "period of service or employment".
Trade Practices Act 1974 Sub-section 35 (7) - Omit "a person referred to in paragraph 31 (1) (a) or (b)", substitute "a Judge of a Federal Court, not being the High Court or a court of an external Territory".
Sub-section 170 (2) - Omit "such legal", substitute "of such legal".
Trade Union Training
Authority Act 1975 Section 3 - Omit "Department of Employment and Industrial Relations" from the definitions of "Department" and "Secretary", substitute "Department of Industrial Relations".
Tradesmen's Rights
Regulation Act 1946 Section 6 - Omit "Department of Employment and Industrial Relations" from the definition of "the Department", substitute "Department of Industrial Relations".
Wool Tax (Administration) Act 1964 Section 23 -
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 2
SCHEDULE 2 Section 116 AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS III, X AND XV
Act Amendments
Defence Force Retirement and Death Benefits Act 1973 Section 3 -
(1) Omit sub-paragraph (b) (ii) of the definition of "eligible member of the Defence Force" in sub-section (1), substitute the following sub-paragraph:
"(ii) who is serving on continuous full time service; and".
(2) Omit paragraphs (b) and (c) of the definition of "Reserve" in sub-section (1), substitute the following paragraphs:
"(b) in relation to a member of the Army - the Inactive Australian Army Reserve; and
(c) in relation to a member of the Air Force - the Air Force General Reserve;".
Defence (Parliamentary
Candidates) Act 1969 Section 5 -Omit paragraphs (b) and (c) of the definition of "Reserve" in sub-section (1), substitute the following paragraphs: "(b) the Inactive Australian Army Reserve; or
(c) the Air Force General Reserve;".
Section 9 - Omit from paragraph (a) "the Citizen Naval Forces, the Regular Army Emergency Reserve, the Citizen Military Forces, the Citizen Air Force", substitute "the Australian Naval Reserve, the Regular Army Emergency Reserve, the Australian Army Reserve, the Australian Air Force Reserve".
Defence (Re-establishment) Act 1965 Section 6 -
"member" in sub-section (1) "a part of the Reserve Forces or of the Citizen Forces", substitute "a part of the Emergency Forces or of the Reserve Forces".
(3) Omit the definition of "the Citizen Forces" in sub-section (1), substitute the following definition: "'the Emergency Forces' has the same meaning as in the Defence Act 1903;".
Section 8 - Omit "a part of the Reserve Forces or of the Citizen Forces", substitute "a part of the Emergency Forces or of the Reserve Forces".
Section 9 - Omit from sub-section (1) "a part of the Reserve Forces or of the Citizen Forces", substitute "a part of the Emergency Forces or of the Reserve Forces".
Income Tax Assessment
Act 1936 Section 23 - Omit from paragraph (s) "the Citizen Naval Forces, the Citizen Military Forces or the Citizen Air Force", substitute "the Australian Naval Reserve, the Australian Army Reserve or the Australian Air Force Reserve".
Jury Exemption Act 1965 The Schedule -
substitute - "Members of the Reserve Forces who are rendering continuous full time service".
Long Service Leave (Commonwealth Employees) Act 1976 Section 12 -
Omit from paragraph (10) (a) "a part of the Reserve Forces or of the Citizen Forces", substitute "a part of the Emergency Forces (within the meaning of the Defence Act 1903) or of the Reserve Forces (within the meaning of that Act)".
Public Service Act 1922 Section 7 -
Repatriation Act 1920 Section 83 - Omit sub-paragraphs (ga) (i), (ii), (iii) and (iv) of the definition of "Income" in sub-section (1), substitute the following sub-paragraphs: "(i) the Australian Naval Reserve;
(ii) the Naval Emergency Reserve Forces;
(iii) the Australian Army Reserve;
(iv) the Australian Air Force Reserve;".
Social Services Act 1947 Section 6 - Omit paragraphs (a), (b), (c) and (d) of the definition of "Reserve Forces" in sub-section (1), substitute the following paragraphs: "(a) the Australian Naval Reserve;
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 3
SCHEDULE 3 Section 117 AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS XVIII AND XXI
Act Amendments
Bounty (Books) Act 1969 Sub-section 3 (1) - Omit "Schools Commission Act 1973" from paragraph (b) of the definition of "recognised educational institution", substitute "Commonwealth Schools Commission Act 1973".
Curriculum Development Centre Act 1975 Section 3 -
Paragraph 11 (1) (d) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Section 47 - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Income Tax Assessment
Act 1936 Section 78 - Omit from sub-paragraphs (1) (a) (liv), and (lvi) "Tertiary Education Commission Act 1977", substitute "Commonwealth Tertiary Education Commission Act 1977".
Non-government Schools (Loans Guarantee) Act 1977 Section 3 -
Insert after the definition of "Commonwealth Education Minister" the following definition: " 'Commonwealth Schools Commission' means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;".
Sub-section 4 (1) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Section 10 - Omit "Schools Commission" (wherever occurring), substitute "Commonwealth Schools Commission".
Overseas Students Charge
Act 1979 Sub-section 4 (1) - Omit "Tertiary Education Commission Act 1977" from the definition of "prescribed educational institution", substitute "Commonwealth Tertiary Education Commission Act 1977".
Remuneration Act 1974 Schedule - Omit "Schools Commission" (wherever occurring), substitute "Commonwealth Schools Commission".
Remuneration Tribunals Act 1973 Sub-section 12A (1) -
Social Services Act 1947
Sub-section 120A (4) - Omit "Tertiary Education Commission Act 1977", substitute "Commonwealth Tertiary Education Commission Act 1977".
States Grants (Schools) Act 1972 Section 7 -
States Grants (Schools) Act 1973 Sub-section 3 (1) -
Section 6 - Omit from sub-sections (4) and (5) "Schools Commission" , substitute "Commonwealth Schools Commission".
Paragraph 12 (1) (c) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Sub-paragraph 14 (1) (b) (iv) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Sub-paragraph 16 (1) (b) (iv) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Section 19 - Omit from sub-sections (3) and (4) "Schools Commission" , substitute "Commonwealth Schools Commission".
Section 28 - Omit from sub-sections (3) and (4) "Schools Commission" , substitute "Commonwealth Schools Commission".
Sub-paragraph 40 (1) (b) (iv) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Section 46 - Omit from sub-sections (2) and (3) "Schools Commission" , substitute "Commonwealth Schools Commission".
Sub-paragraph 50 (1) (b) (iv) - Omit "Schools Commission", substitute "Commonwealth Schools Commission".
Section 52 - Omit "Schools Commission" (wherever occurring), substitute "Commonwealth Schools Commission".
States Grants (Schools) Act 1976 Sub-section 3 (1) -
States Grants (Schools Assistance) Act 1976 Sub-section 3 (1) -
States Grants (Schools Assistance) Act 1977 Sub-section 3 (1) -
States Grants (Schools Assistance) Act 1978 Sub-section 3 (1) -
States Grants (Schools Assistance) Act 1979 Sub-section 3 (1) -
States Grants (Schools Assistance) Act 1980 Sub-section 3 (1) -
States Grants (Tertiary Education Assistance) Act 1977 Sub-section 3 (1) -
Tertiary Education Act 1977;".
Section 31 - Omit "Tertiary Education Commission Act 1977" (wherever occurring), substitute "Commonwealth Tertiary Education Commission Act 1977".
States Grants (Tertiary Education Assistance) Act 1978 Sub-section 3 (1) -
Section 34 - Omit "Tertiary Education Commission Act 1977" (wherever occurring), substitute "Commonwealth Tertiary Education Commission Act 1977".
Tertiary Education
Commission Act 1977 Sub-section 4 (1) - Omit "Schools Commission Act 1973" from the definition of "school", substitute "Commonwealth Schools Commission Act 1973".
Trade Union Training
Authority Act 1975 Sub-section 14 (1) - Omit from paragraph (h) "Tertiary Education Commission", substitute "Commonwealth Tertiary Education Commission".
Sub-section 17 (5) - Omit "Tertiary Education Commission", substitute "Commonwealth Tertiary Education Commission".
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 4
SCHEDULE 4 Section 118 REPEAL OF ACTS
PART I - SUPPLY ACTS
Supply Act (No. 1) 1973-74 Supply Act (No. 2) 1973-74 Supply Act (No. 3) 1973-74 Supply Act (No. 1) 1974-75 Supply Act (No. 2) 1974-75 Supply Act (No. 1) 1975-76 Supply Act (No. 2) 1975-76 Supply Act (No. 1) 1976-77 Supply Act (No. 2) 1976-77 Supply Act (No. 1) 1977-78 Supply Act (No. 2) 1977-78 Supply Act (No. 1) 1978-79 Supply Act (No. 2) 1978-79 Supply Act (No. 1) 1979-80 Supply Act (No. 2) 1979-80
PART II - APPROPRIATION ACTS
Appropriation Act (No. 1) 1973-74 Appropriation Act (No. 2) 1973-74 Appropriation Act (No. 3) 1973-74 Appropriation Act (No. 4) 1973-74 Appropriation Act (No. 5) 1973-74 Appropriation Act (No. 1) 1974-75 Appropriation Act (No. 2) 1974-75 Appropriation Act (No. 3) 1974-75 Appropriation Act (No. 4) 1974-75 Appropriation Act (No. 5) 1974-75 Appropriation Act (No. 6) 1974-75 Appropriation Act (No. 1) 1975-76 Appropriation Act (No. 2) 1975-76 Appropriation Act (No. 3) 1975-76 Appropriation Act (No. 4) 1975-76 Appropriation Act (No. 1) 1976-77 Appropriation Act (No. 2) 1976-77 Appropriation Act (No. 3) 1976-77 Appropriation Act (No. 4) 1976-77 Appropriation Act (No. 1) 1977-78 Appropriation Act (No. 2) 1977-78 Appropriation Act (No. 3) 1977-78 Appropriation Act (No. 4) 1977-78 Appropriation Act (No. 1) 1978-79 Appropriation Act (No. 2) 1978-79 Appropriation Act (No. 3) 1978-79 Appropriation Act (No. 4) 1978-79 Appropriation Act (No. 1) 1979-80 Appropriation Act (No. 2) 1979-80 Appropriation Act (No. 3) 1979-80 Appropriation Act (No. 4) 1979-80
PART III - VALIDATING ACTS
Customs Tariff Validation Act 1973 Customs Tariff Validation Act (No. 2) 1973 Customs Tariff Validation Act 1974 Customs Tariff Validation Act (No. 2) 1974 Customs Tariff Validation Act (No. 3) 1974 Customs Tariff Validation Act 1975 Customs Tariff Validation Act 1976 Customs Tariff Validation Act (No. 2) 1976 Customs Tariff Validation Act 1977 Customs Tariff Validation Act (No. 2) 1977 Customs Tariff Validation Act (No. 3) 1977 Customs Tariff Validation Act 1978 Customs Tariff Validation Act 1979 Customs Tariff Validation Act (No. 2) 1979 Customs Tariff Validation Act 1980 Excise Tariff Validation Act 1979
PART IV - GRANTS ACTS
Local Government Grants Act 1974 Local Government Grants Act 1975 New South Wales Grant (Flood Mitigation) Act 1971 New South Wales Grant (Flood Mitigation) Act 1973 New South Wales Grant (Gwydir River Dam) Act 1969 New South Wales Grant (Namoi River Weirs) Act 1976 Queensland Grant (Bundaberg Irrigation Works) Act 1970 Queensland Grant (Bundaberg Irrigation Works) Act 1974 Queensland Grant (Clare Weir) Act 1974 Queensland Grant (Dawson River Weirs) Act 1973 Queensland Grant (Kinchant Dam) Act 1973 Queensland Grant (Maraboon Dam) Act 1968 Queensland Grant (Ross River Dam) Act 1974 Queensland Grant (Special Assistance) Act 1976 Queensland Grant (Special Assistance) Act 1977 Queensland Grant (Special Assistance) Act 1978 South Australia Grant (Lock to Kimba Pipeline) Act 1973 South Australia Grant (Tailem Bend to Keith Pipeline) Act 1969 States Grants (Capital Assistance) Act 1973 States Grants (Capital Assistance) Act 1974 States Grants (Capital Assistance) Act 1976 States Grants (Capital Assistance) Act (No. 2) 1976 States Grants (Capital Assistance) Act 1977 States Grants (Capital Assistance) Act 1978 States Grants (Debt Charges Assistance) Act 1970 States Grants (Drought Reimbursement) Act 1968 States Grants (Housing Assistance) Act 1977 States Grants (Milk for School Children) Act 1950 States Grants (Nursing Homes) Act 1969 States Grants (Research) Act 1965 States Grants (Research) Act 1966 States Grants (Special Assistance) Act 1972 States Grants (Special Assistance) Act 1973 States Grants (Special Assistance) Act 1974 States Grants (Special Assistance) Act 1975 States Grants (Water Resources Assessment) Act 1973 States Grants (Water Resources Assessment) Act 1974 Tasmania Grant (Cressy-Longford Irrigation Works) Act 1969 Tasmania Grant (Associated Pulp and Paper Mills Limited) Act 1975 Tasmania Grant (The Mount Lyell Mining and Railway Company Limited) Act 1977 Tasmania Grant (The Mount Lyell Mining and Railway Company Limited) Amendment Act 1978 Tasmania Grant (The Mount Lyell Mining and Railway Company Limited) Amendment Act (No. 2) 1978 Victoria Grant (King River Dam) Act 1969 Victoria Grant (Millewa Pipelines) Act 1972 Victoria Grant (River Murray Salinity) Act 1968 Victoria Grant (Seymour Flood Mitigation) Act 1975
PART V - LOAN ACTS
Australian National Airlines Commission Equipment Act 1967 Loan (Airlines Equipment) Act 1964 Loan (Airlines Equipment) Act 1966 Loan (Airlines Equipment) Act 1967 Loan (Airlines Equipment) Act 1968 Loan (Australian Wheat Board) Act 1971 Loan (Australian Wheat Board) Act 1972 Loan (Defence) Act 1966 Loan (Defence) Act 1968 Loan (Defence) Act 1970 Loan (Defence) Act (No. 2) 1970 Loan (Defence) Act 1971 Loan (Emergency Wheat Storage) Act 1955 Loan (Housing) Act 1970 Loan (Qantas Airways Limited) Act 1967 Loan (Qantas Airways Limited) Act 1968 Loan (Short-Term Borrowings) Act 1959 Loans (Australian National Airlines Commission) Act 1968 Loans (Australian National Airlines Commission) Act 1969 Loans (Australian National Airlines Commission) Act 1974 Loans (Qantas Airways Limited) Act 1971
PART VI - BOUNTY ACTS
Bounty (Dental Alloys) Act 1979 Bounty (Drilling Machines) Act 1978 Bounty (Drilling Machines) Amendment Act 1978 Cellulose Acetate Flake Bounty Act 1956 Cellulose Acetate Flake Bounty Act 1958 Cellulose Acetate Flake Bounty Act 1959 Cellulose Acetate Flake Bounty Act 1961 Cellulose Acetate Flake Bounty Act (No. 2) 1961 Cellulose Acetate Flake Bounty Act 1964 Cellulose Acetate Flake Bounty Act (No. 2) 1964 Cellulose Acetate Flake Bounty Act 1965 Cellulose Acetate Flake Bounty Act 1966 Cellulose Acetate Flake Bounty Act 1969 Cellulose Acetate Flake Bounty Act 1970 Cellulose Acetate Flake Bounty Act 1971 Cellulose Acetate Flake Bounty Act 1973 Copper Bounty Act 1958 Copper Bounty Act 1960 Copper Bounty Act (No.2) 1960 Copper Bounty Act 1963 Copper Bounty Act 1965 Metal Working Machine Tools Bounty Act 1972 Metal Working Machine Tools Bounty Amendment Act 1978 Processed Milk Products Bounty Act 1962 Processed Milk Products Bounty Act 1963 Processed Milk Products Bounty Act 1965 Processed Milk Products Bounty Act 1967 Processed Milk Products Bounty Act 1968 Processed Milk Products Bounty Act 1970 Processed Milk Products Bounty Act (No.2) 1970 Processed Milk Products Bounty Act 1972 Refrigeration Compressors Bounty Act 1975
PART VII - MISCELLANEOUS ACTS
Airline Equipment (Loan Guarantee) Act 1968 Airline Equipment (Loan Guarantee) Act 1969 Australian Coastal Shipping Agreement Act 1956 Coal Industry Act 1957 Coal Loading Works Agreement (Queensland) Act 1962 Coal Loading Works Agreement (New South Wales) Act 1961 Children's Commission Act 1975 Commonwealth Bureau of Roads (Repeal) Act 1977 Currency Act 1963 Dairy Produce Export Charge Repeal Act 1965 Dairy Produce Levy Repeal Act 1965 Decimal Currency Board Act 1965 Decimal Currency Board (Abolition) Act 1969 Fisheries (Papua New Guinea Boats) Act 1974 Gold Mines Development Assistance Act 1962 Gold Mining Industry Assistance Act 1954 Gold Mining Industry Assistance Act 1956 Gold Mining Industry Assistance Act 1957 Gold Mining Industry Assistance Act 1959 Gold Mining Industry Assistance Act 1961 Gold Mining Industry Assistance Act 1962 Gold Mining Industry Assistance Act 1965 Gold Mining Industry Assistance Act 1968 Gold Mining Industry Assistance Act 1970 Gold Mining Industry Assistance Act 1972 High Commissioner (United Kingdom) Act Repeal Act 1973 International Sugar Agreement Act 1969 International Tin Agreement Act 1971 Legislative Assembly of the Northern Territory (Remuneration and Allowances) Act
Liquefied Gas (Road Vehicle Use) Tax (Repeal) Act 1980 Loan (Farmers Debt Adjustment) Repeal Act 1979 Meat Export Charge Act 1973 Meat Export Charge Amendment Act 1976 Meat Export Charge Collection Act 1973 Meat Legislation Repeal Act 1968 Mental Institution Benefits Act 1948 Nationality and Citizenship (Burmese) Act 1950 Natural Gas Pipeline (South Australia) Agreement Act 1967 New Zealand Re-exports (Repeal) Act 1977 Officers' Rights Declaration Act 1968 Public Service (Permanent Head-Dual Appointment) Act 1977 Referendum (Constitution Alteration) Modification Act 1977 Road Safety and Standards Authority (Repeal) Act 1976 Sugar Industry Assistance Act 1967 Sugar Marketing Assistance Agreement Act 1967 Trade Agreement (Brazil) Act 1939 Trade Agreement (Czechoslovakia) Act 1936 Trade Agreement (France) Act 1936 Trade Agreement (Greece) Act 1940 Trade Agreement (South Africa) Act 1936 Trade Agreement (Switzerland) Act 1938 War Service Land Settlement Agreements Act 1945 Wool (Deficiency Payments) Act 1971 Wool (Deficiency Payments) Act 1972 Wool Reserve Prices Plan Referendum Act 1965
STATUTE LAW REVISION ACT 1981 No. 61, 1981 - SCHEDULE 5 SCHEDULE 5 Section 119 REPEAL OF CERTAIN INCORPORATING ACTS PART I - TAX ACTS AND HEALTH INSURANCE LEVY ACTS
Division 1 - Tax Acts
Income Tax Act 1972 Income Tax Act 1973 Income Tax Act 1974 Income Tax Act 1975 Income Tax (Individuals) Act 1976 Income Tax (Companies and Superannuation Funds) Act 1976 Income Tax (Individuals) Act 1977 Income Tax (Companies and Superannuation Funds) Act 1977 Income Tax (Companies and Superannuation Funds) Amendment Act 1977 Income Tax (Individuals) Act 1978 Income Tax (Companies and Superannuation Funds) Act 1978 Income Tax (Companies and Superannuation Funds) Amendment Act 1978 Income Tax (Individuals) Act 1979 Income Tax (Companies and Superannuation Funds) Act 1979
Division 2 - Health Insurance Levy Acts
Health Insurance Levy Act (No.2) 1976 Health Insurance Levy Act 1977 Health Insurance Levy Act 1978
PART II - SENATE ELECTIONS ACTS
Senate Elections Act 1903 Senate Elections Act 1922 Senate Elections Act 1966 STATUTE LAW REVISION ACT 1981 No. 61, 1981 - NOTES
NOTES
1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; Nos. 4 and 20, 1977; Nos. 19, 132 and 155, 1979; and No. 70, 1980.
11. No. 8, 1901, as amended. For previous amendments, see No. 21, 1906; No. 34, 1918; No. 9, 1923; No. 13, 1925; No. 3, 1931; No. 8, 1934; No. 86, 1947; No. 80, 1950; No. 54, 1952; No. 55, 1954; No. 74, 1956; No. 93, 1966; Nos. 16 and 106, 1968; No. 24, 1972; No. 216, 1973; No. 36, 1978; and No. 56, 1980.
12. No. 9, 1901, as amended. For previous amendments, see No. 26, 1918; No. 8, 1923; No. 44, 1934; No. 16, 1942; No. 88, 1947; No. 46, 1949; No. 55, 1952; No. 10, 1957; No. 49, 1958; No. 37, 1962; No. 49, 1963; No. 138, 1965; No. 93, 1966; Nos. 15 and 105, 1968; No. 23, 1972; Nos. 24 and 145, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 29, 1974; No. 91, 1976; No. 110, 1978; Nos. 11 and 50, 1979; and Nos. 42 and 70, 1980.
13. No. 190, 1976, as amended. For previous amendments, see No. 19, 1979; and No. 88, 1980.
14. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; and Nos. 89 and 175, 1980.
15. No. 30, 1910, as amended. For previous amendments, see No. 16, 1911; No. 21, 1912; No. 45, 1918; No. 45, 1934; No. 35, 1948; No. 72, 1949; No. 14, 1952; No. 93, 1964; No. 53, 1965; No. 93, 1966; No. 24, 1968; No. 14, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; and No. 133, 1979.
16. No. 30, 1971. For previous amendments, see No. 216, 1973; and No. 47, 1975.
17. No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80, 1977; No. 170, 1978; Nos. 52 and 155, 1979; and No. 177, 1980.