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Industry, Science and Tourism Legislation Amendment Act 1997

Industry, Science and Tourism Legislation Amendment Act 1997

No. 91, 1997

Industry, Science and Tourism Legislation Amendment Act 1997

No. 91, 1997

An Act to amend various Acts relating to matters dealt with by the Department of Industry, Science and Tourism, and for other purposes

Contents

1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................2

Schedule 1—Amendments 3 Australian Science and Technology Council Act 1978 3 Australian Tourist Commission Act 1987 4 Australian Tourist Commission (Transitional Provisions) Act 1987 4 Bounty (Machine Tools and Robots) Act 1985 4 Coal Tariff Legislation Amendment Act 1992 5 National Measurement Act 1960 5 Patents, Trade Marks, Designs and Copyright Act 1939 5 Resource Assessment Commission Act 1989 5 Science and Industry Research Act 1949 6 Trade Marks Act 1995 6

Industry, Science and Tourism Legislation Amendment Act 1997

No. 91, 1997

An Act to amend various Acts relating to matters dealt with by the Department of Industry, Science and Tourism, and for other purposes

[Assented to 30 June 1997]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Industry, Science and Tourism Legislation Amendment Act 1997.

2 Commencement

(1)
Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2)
The amendments of the Coal Tariff Legislation Amendment Act 1992 made by Schedule 1 are taken to have commenced immediately after the commencement of subsection 2(1) of that Act.
(3)
The amendment of the Science and Industry Research Act 1949 made by Schedule 1 commences on 1 July 1997.
(4)
The amendments of the Trade Marks Act 1995 made by Schedule 1 are taken to have commenced on 1 January 1996.

3 Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Amendments Schedule 1

Schedule 1—Amendments

Australian Science and Technology Council Act 1978

1 Title

Omit “and Technology”, substitute “, Technology and Engineering”.

2 Section 1

Omit “and Technology”, substitute “, Technology and Engineering”.

3 Section 3 (definition of Council)

Omit “and Technology”, substitute “, Technology and Engineering”.

4 Section 4

Omit “and Technology”, substitute “, Technology and Engineering”.

5 Section 5

Omit “and technology” (wherever occurring), substitute “, technology and engineering”.

6 Section 5

Omit “and technological” (wherever occurring), substitute “, technological and engineering”.

7 Subsection 10(2)

Omit “Governor-General”, substitute “Minister”.

8 At the end of subsection 10(2)

Add “The Minister must not make an appointment without the approval of the Prime Minister.”.

9 Subsection 10(6)

Omit “Governor-General”, substitute “Minister”.

10 Section 14

Omit “Governor-General”, substitute “Minister”.

Schedule 1 Amendments

11 Subsection 16(1)

Omit “Governor-General”, substitute “Minister”.

12 Subsection 16(2)

Omit “Governor-General”, substitute “Minister”.

13 Transitional—appointments

The amendments of subsection 10(2) of the Australian Science and Technology Council Act 1978 made by this Schedule apply to appointments made after the commencement of this item.

14 Transitional—determinations

(1)
This item applies to a determination that was:
(a)
made by the Governor-General under subsection 10(6) of the Australian Science and Technology Council Act 1978; and
(b)
in force immediately before the commencement of this item.
(2)
The determination has effect, after that commencement, as if it had been made by the Minister under that subsection as amended by this Schedule.

Australian Tourist Commission Act 1987

15 Subsection 14(3)

Repeal the subsection.

16 Subsection 42(3)

Repeal the subsection.

Australian Tourist Commission (Transitional Provisions) Act 1987

17 The whole of the Act

Repeal the Act.

Bounty (Machine Tools and Robots) Act 1985

Amendments Schedule 1

18 Subsection 16(11A)

Omit “Comptroller”, substitute “CEO”.

Coal Tariff Legislation Amendment Act 1992

19 Subsections 2(3) and (4)

Repeal the subsections, substitute:

(3) Section 5 commences on 26 June 1993.

20 Subsection 5(1)

Repeal the subsection.

National Measurement Act 1960

21 After section 8

Insert:

8AA Co-ordinated Universal Time

The Organisation is to maintain, or cause to be maintained, Co-ordinated Universal Time (UTC) as determined by the International Bureau of Weights and Measures.

Patents, Trade Marks, Designs and Copyright Act 1939

22 Section 4

Omit “Papua, the Territory of New Guinea and Norfolk Island, as if each of those Territories”, substitute “Norfolk Island, as if that Territory”.

Note: The heading to section 4 of the Patents, Trade Marks, Designs and Copyright Act 1939 is altered by omitting “Territories” and substituting “Norfolk Island”.

Resource Assessment Commission Act 1989

23 Paragraph 14(b)

Omit “and Technology”, substitute “, Technology and Engineering”.

Schedule 1 Amendments

Science and Industry Research Act 1949

24 Section 9AB

Repeal the section.

Trade Marks Act 1995

25 Section 6 (definition of Comptroller)

Repeal the definition.

Note: The list entitled “List of terms defined in section 6” set out after the Table of Provisions of the Trade Marks Act 1995 is altered by omitting “Comptroller”.

26 Section 6

Insert:

Customs CEO means the Chief Executive Officer of Customs.

Note: The list entitled “List of terms defined in section 6” set out after the Table of Provisions of the Trade Marks Act 1995 is altered by inserting “Customs CEO” in the appropriate alphabetical position.

27 Subparagraph 26(1)(d)(i)

Omit “Comptroller”, substitute “Customs CEO”.

28 Section 131

Omit “Comptroller”, substitute “Customs CEO”.

29 Section 132

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

30 Section 133

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

Note: The heading to section 133 of the Trade Marks Act 1995 is altered by omitting “Comptroller” and substituting “Customs CEO”.

31 Section 134

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

32 Subsection 135(1)

Omit “Comptroller”, substitute “Customs CEO”.

Amendments Schedule 1

33 Section 136

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

34 Section 137

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

35 Section 139

Omit “Comptroller”, substitute “Customs CEO”.

36 Section 140

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

Note: The heading to section 140 of the Trade Marks Act 1995 is altered by omitting “Comptroller” and substituting “Customs CEO”.

37 Section 141

Omit “Comptroller”, substitute “Customs CEO”.

38 Paragraph 142(a)

Omit “Comptroller”, substitute “Customs CEO”.

39 Section 143

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

40 Section 223

Omit “Comptroller” (wherever occurring), substitute “Customs CEO”.

41 Paragraph 261(2)(a)

Omit “Comptroller”, substitute “Customs CEO”.

Note: The heading to section 261 of the Trade Marks Act 1995 is altered by omitting “Comptroller” and substituting “Customs CEO”.

Schedule 1 Amendments

[Minister’s second reading speech made in— House of Representatives on 26 March 1997 Senate on 16 June 1997]

(38/97)

I HEREBY CERTIFY that the above is a fair print of the Industry, Science and Tourism Legislation Amendment Bill 1997 which originated in the House of Representatives and has been finally passed by the Senate and the House of Representatives.

Clerk of the House of Representatives

IN THE NAME OF HER MAJESTY, I assent to this Act.

Governor-General

1997

(38/97)