Administrative Changes (Consequential Provisions) Act 1978 (Cth)
ADMINISTRATIVE CHANGES
(CONSEQUENTIAL PROVISIONS) ACT 1978
No. 36 of 1978
An Act to amend certain Acts in consequence o f certain administrative changes, and to provide for related matters.
BE IT EN A C T E D by the Queen, and the Senate and House o f Rep resentatives o f the Com m onwealth o f Australia, as follows:
Short title |
Commence· |
ment |
Amendment |
o f Acts | |
(3 ) The Acts specified in Schedule 3 are amended as set out in that
Schedule.
Amendments | |
o f Public |
Service Act |
Amendments | |||
of sections | |||
60 and 62b | |||
of the Audit |
Act |
“ (2 ) The Minister and his successors in office shall, for the purposes o f the investment o f any moneys in pursuance o f this section, be deem ed to be a corporation by the name o f ‘The Minister for Finance o f the Comm onwealth ’, and any securities or deposits taken or made in pursuance o f this section m ay be
Saving of certain actions taken |
by Treasurer | ||
under Audit | ||
Act | ||
62b
(1 ) o f the Audit Act 1901 shall be deem ed to have been invested by the Minister for Finance under section 21A or sub-section 62B (1 ), as the case m ay be, o f that Act as am ended by this Act.
(4 ) Any securities (other than securities taken in the investment o f m oneys standing to the credit o f the Loan Consolidation and Investment R eserve) or deposits that were taken or m ade before 20 Decem ber 1977 by the Treasurer in his corporate nam e under section 62bo f the Audit Act 1901 (including that section as applied by section 21ao f that Act) shall be deem ed to have been taken or m ade by the Minister for Finance in his corporate nam e under section 62 B o f the Audit Act 1901 as in force on the date o f com m encem ent o f this Act.
(5 ) Any securities (other than securities taken in the investment o f m oneys standing to the credit o f the Loan Consolidation and Investment Reserve or Treasury Bills) or deposits that were taken or made on or after 20 D ecem ber 1977 and before the date o f com m encem ent o f this Act by the Minister for Finance under section 62bo f the Audit Act 1901 (including that section as applied by section 21ao f that Act) shall be deem ed to have been taken or m ade by the Minister for Finance in his corporate name under section 62bo f the Audit Act 1901 as in force on that last-m entioned date.
Effect of | ||
warrants |
given by | |
Governor- | |
General | |
under | |
sub-section | |
32 (5) o f the | |
Audit Act |
Application | |||
of certain | |||
provisions to | |||
certain |
actions taken | |
by the | |
Treasurer |
(2 ) A reference in any prescribed provision o f an Act to any action taken by the Minister for Finance shall be read as including a reference to any such action taken before 20 Decem ber 1977 by the Treasurer.
9. Upon the com m encem ent o f this Act, the orders under sections Application
_. _ Λ__. ..
Act | |
Sub-section 3(1) |
AMENDMENTS OF ACTS
Acts | Provisions amended |
................... | Sub-sections 17(2) and 29(1). |
. | . | Paragraphs 19 (1) (f) and 24 (2) (f), section 29 |
and sub-section 36(1).
. | . | Sub-section 24 (2) and section 32. |
Sub-sections 6 (1 ) and (3), section 7 and sub |
sections 10 (2) and (3) and 11(2). |
Sub-sections 11 (2) and 19(3). |
1970
. | . | . | Sub-section 13a (3). |
.. . . | Sections 3, 5 and 7 and Division 310 of Sched |
ule 2.
.. . . | Sections 3 and 5 and Division 850 of Schedule |
2 .
Section 6. |
1977
................................. | Sub-sections 26 (2), 27 (2) and 31(1) and sec |
tion 33. | ■ |
Second Schedule. |
............................ | Sub-sections 32 (2) and 38(1). |
. | . | . | Sub-section 25(1). |
Sections 24 and 25, sub-sections 26 (2), 29 (3) |
and 33(1). |
Sub-sections 36(2) and 42(1). |
. | . | . | Sections 31 and 36 and sub-sections 39 (5) and |
44(1).
. | . | Sub-sections 34 (2) and 43(1). |
Sub-sections 24 (3), (3a) and (4), 26a (4), (5), |
(8) and (9) and 37(1). |
Sub-sections 23(2) and 30(1). |
1964
Section 4. |
1924
Sub-sections 36(2) and 44(1). | |
Sub-sections 3(6) and (9) and 49(1). |
■ | 1977 |
. | . | . | Paragraph 30 (b), section 30a, sub-section 31 (2), section 3 1a and sub-sections 32 ( 1) and (2), 37a (3), (4), (5) and (7), 38 (2) and 40 |
( 1).
Sub-sections 41 (1), 51 (4), 55 (1) and (2) and |
57b (2).
Sub-section 33(1). | |||
. | Paragraph 28 (b), sub-sections 30 (2) and (3) |
ana 39(1) and section 47.
. | . | Sub-sections 21(2) and 29(1). |
SCHEDULE 1—continued
Acts | Provisions amended |
................... | Section 8. |
. | . | . | Sub-sections 26 (2), 27a (2), 28 (1), 68 (2), 70 |
(2) | ,78 (l),79z(2)and 79z h (1). |
Sub-section 30 (1). |
1967
. | . | Sub-section 36(1). |
................................. | Sub-sections 22(1) and 23(3). |
Sub-sections 2(1) (definition of “ road works” ) |
7(2), 8(2), 9 (2) and sections 11 and 12.
................... | Section 110. |
Section 5, paragraph 32 (b), section 33 and sub sections 34 (2), 39 (3) and (4), 42 (3) and 44 |
( 1) .
................... | Sub-sections 34(3) and 37(2). | |
................... | Sub-sections 28 (2),33(1) and 43(1). |
. . | Sub-sections 32 (2) and 40(1). |
Section 277. |
................................. | Sub-section 29(1). |
Sub-section 22 (1), section 28, sub-sections 31 |
(3) | , 37 (2) and section 39. |
Sub-sections 72 (1) and (3), 73 (1) and (3) and |
84(11) and (13). |
Sections 14 and 34 and sub-sections 82v (1) and (3), 82w (1) and (3) and 82zh (11), (13), (15) and (16). | |
Sub-sections 7 (2) and 9(2). |
Increases) Act 1967
Sub-section 3 (6), paragraph 7 (c), sub-sections |
11 (2) and 13(2) and section 20. |
Sub-sections 40a ( 1) and (2), 42b (1) and 50b |
( 1).
Sub-section 82a (5). |
....................... | Sub-section 17(1). |
. | Sections 8 and 9, sub-section 10 (2) and section j |
11
.
.......................................... | Sub-section 162b (5). |
Section 67, sub-sections 68 (2), 71 (1), 73 (3) and (6) and 74 (3) and (6), section 75 and sub-section 88(1). |
1974
. | . | . | . | Sub-sections 4(1) and (2) and 6(1). |
. | . | Sub-sections 52 (2) and 60(1). |
Section 3 (definition of “ approved authority” ), sub-section 4(1), sections 6, 7 and 8, para graphs 10 (2) (b) and (3) (e) and sections 11 and 14. |
............................ | Sub-sections 126 (4) and (5). |
. | . | Sub-sections 8e (4) and 33 (2), section 36a and |
sub-section 42(1).
............................ | Sub-section 30 (1). |
........................ | Section 4. |
. | .. | . | Paragraph 31 (b) and sub-sections 3 ID (2) and |
39(1).
Sub-section 34(2). |
Act 1967
Sub-section 35 (2). |
Act 1976
Section 3 (definition of “approved authority” ), sub-section 4 (1 ), sections 6, 7 and 8, para graphs 10 (2) (b) and (3) (e) and sections 11 ana 14. |
1973
Sub-sections 29 (2) and 35(1). |
SCHEDULE 1 —continued
Acts | Provisions amended |
.. . | Sub-sections 21(2) and 28(1). |
Sub-section 6a (5). |
............................................... | Sub-section 5(2). |
.. . | Section 6. |
Section 3. | |
Sub-sections 7(1) and (2). |
poration) Act 1974
Section 6. |
mission) Act 1969
Section 6. |
mission) Act 1972
Section 7. |
mission) Act 1974
Section 7. |
mission) Act 1976
Section 7. |
1975
. | . | Section 6. |
Section 7. |
1971
. | . | Section 7. | |
. | . | Section 8. | |
. | . | Section 8. |
............................ | Sub-sections 6(1) and (3). |
Section 18. |
1957
............................ | Sub-sections 34(2) and 42(1). | |||
............................ |
| |||
............................ | Sub-sections 20 (2) and 27 (2). |
Paragraph 46 (1) (e) and sub-section 52(1). |
1975
............................ | Sections 9 and 10, sub-section 11 (4) and 11A (3) and paragraphs 13(d) and 14(a) and (f)· |
jVew Sow/Λ Wa/es | Sections 4,7,8 and 9. |
Act 1969
Sections 8,9 and 10. |
Act 1976
Section 8. |
Development (Financial Support Fund) Act
1976 |
. | . | Sub-section 18 (12), paragraph 43 (1) (c), sub section 43 (3), section 44 and sub-sections 45 (2), 47 (2) and 53(1). |
Section 21. |
1973
Sub-sections 4(1) (definition of “ trustee” ), |
5 (3) and (4), 8 (3) and 22r (11) and (13).
............................ | Sub-sections25 (2), 27 (1), 30 (2) and 45 (1). |
Sub-section 29 (6). |
(Transitional Provisions) Act 1975
................................. | Sub-sections 19(5) and (6), section 74, sub |
sections 75 (2), 76 (3), 102 (1) and 107 (4).
Section 23. |
Sections 8,9 and 10. |
Works) $ c t 1970
. | . | Sections 8,9 and 10. |
Sections 7,8 and 9. |
1973
Sections 7,8 and 9. |
SCHEDULE 1—continued
Acts | Provisions amended |
Sections 8,9 and 10. | |
Sections 6,7,8 and 9. |
gation) Act 1974
Sections 5, 8,9,10 and 11. |
gation) Act 1976
Sections 7,8 and 9. |
................................. | Section 70. | |
................................. | Section 7, sub-sections 8(4), 8a (3), 9(3), 10(1) and 11 (2), paragraphs 12 (1) (a) and (0, sub-section 12(2) and section 13. |
Sub-section 10(1). |
dences Act 1953
....................... | Section 8. |
Section 10. |
. | . | Sub-sections 25 (2), 26c (4) and (5) and |
30(1).
Section 17, sub-section 18(1) and sections 34 |
and 35.
................... | Section 7. | |
................... | Section 9. |
Sections 25 and 26 and sub-sections 27 (2), |
1970 29(1) and 36(1).
Sub-section 25(2), paragraph 27(1) (a) and |
1949 sub-section 32b (1).
. | . | Sub-section 4(1). |
Sections 7,8 and 9. |
Act 1973
Sections 7,8 and 9. |
Pipeline) Act 1969
Section 4. | |
Sections 12 and 17. | |
Sections 16 and 22. | |
Sections 10,13 and 17. |
Act 1976
Sections 6,7 and 8. |
. | . | . | Sections 4 and 5. | |
Section 8. |
Sub-section 4(1) and sections 5,6 and 7. |
1968
Section 4 and sub-section 5(1). |
1976 |
Sections 5,8 and 11. | |
Section 5. | |
Sections 7 and 8. |
.. . . | Sub-section 15(3), sections 21 and 23, para |
graph 24 (b) and sections 27,28 and 32.
................... | Sections 16 and 17c. | |
................... | Sections 57 and 58c. | |
................... | Sections 57,59 and 63. |
Sections 43,45 and 49. | |
Sections 40,42 and 46. | |
Sections 8, 11 and 12. | |
Sections 28 and 29c. |
cations) Act 1974
Sections 13 and 18. |
cations Assistance) Act 1976
Sections 30,32 and 36. |
Act 1977
. | . | . | Sections 13 and 14c. | |
. | . | . | Sections 18 and 24. |
SCHEDULE 1—continued
Acts | Provisions amended |
Sections 12,15 and 19. | |
Sub-sections 5(1) and 6(1) and sections 10 |
and 11. |
Sub-sections 16 (2) and 30 (1). |
1977
Section 12. |
............................ | Section 5. |
........................ | Sub-sections 12(5) and (6), section 71, sub |
sections 72(2), 73 (3) and 99(1).
........................ | Sub-section 26(1). |
. | . | Sub-sections 42 (2) and 58(1). |
................... | Sub-sections 13e (2), 13f ( 1) and (2) and |
14 (4) and (5).
Sections 11,13,14 and 16. | |
Sections 10 and 11, sub-section 12 (2) and sec |
tion 13. |
Section 10. | |
Section 13. | |
Section 8. | |
Sub-sections 9 (5) and (6). |
Assistance Act 1974
t/riflfl | Sections 8,9 and 11. |
ning) Act 1974
Sections 7,8 and 9. |
. | . | . | Section 2. |
Sub-sections 18 (2), 29 (2) and (3), 31 (5) and |
(6) and 45(1).
................................. | Sub-section 27(1), sections 31 and 32, sub sections 33(4) and (7) and 41 (2) and (3), section 72 and sub-section 90 (1). |
................... | Sections 4 and 8. |
Sub-section 3 (2) |
AMENDMENTS OF ACTS
Acts | Provisions amended |
Sub-section 11(2). |
Liability) Act 1963
Sections 2a, 7, 12, 13, 16, 17, 18, 20, 21, 21a, 22, 23, 24, 27,28, 29, 30, 32, 33, 34, 35, 36a, 37b, 38, 40, 41d, 42, 43, 45, 46, 48, 49, 50, 50a, 51, 53, 54, 57, 58, 58a, 60, 61 and 62a, sub-section 62b (1) and sections 66, 70a and 70c. | |
Sub-section 23(1). |
mination Act 1976
Sub-section 3 (3) |
AMENDMENTS OF ACTS
Acts | Provisions | Amendments |
Paragraphs 19(1) (a) and 24 | Omit the paragraphs |
(2 )(a) |
Section 8 | ............................. | Omit “ National Resources”, |
1960 | substitute “Trade and Re sources” |
Paragraph 8a (6) (e), sections | Omit “ National Resources” |
11 and 16, sub-section 19(5) | (wherever occurring), substi | |
1970 | and section 2 1a | tute “ Trade and Resources” |
Sub-section 38 (2) | .. . . | Omit “and the Treasurer” |
ine Science Act 1972
Paragraphs 10 (a) and (c) | . | Omit “Treasurer of the Com monwealth” (wherever oc curring), substitute “Minister for Finance” |
Act 1969
Sub-section 28 (4) | .. . . | Omit “Treasurer”, substitute |
1971 “Attorney-General ”
Sub-section 4(1) (definition of | Omit “Overseas Trade ”, substi |
1971 | “ the Secretary” ) | tute “Trade and Resources” |
Sub-sections 3(1) (definition of | Omit “Overseas Trade ”, substi |
“ Government sponsored | tute “Trade and Resources” | |
promotion” ) and 37 (3) |
Sub-section 5 ( 1 ) ................... | Omit “Treasurer” (first occur ring), substitute “Minister for Finance” | |
Sub-sections 16 (5b) and (5c), | Omit “Overseas Trade”, substi |
1936 | sub-paragraph 23 (c) (vii) | tute “Trade and Resources” |
a n d | p a r a g r a p h |
160 aba (2) (b)
Section 66 | ............................ | Omit “Treasurer of the Com monwealth or of the State”, substitute “ Minister for Finance or the Treasurer of the State” |
Sub-section 12 (5) | Omit “Trade and Industry”, |
substitute “Trade and Re sources” |
Sub-section 8 (5) | Omit “ the Treasury” (wher |
ever occurring), substitute |
“Finance” |
Sub-sections 11(7) and (8) and | Omit “Overseas Trade”, substi |
1941 | 16a (1) (definition of “ the | tute “Trade and Resources” |
Secretary” ) |
Sub-section 3(1) (definition of | Omit “ National Resources”, |
“Secretary” ) and paragraph | substitute “ National Devel |
6 (D (b ) | opment” |
Title and sections 3 and 4 | . | . | (a) Omit “Overseas Trade”, |
substitute “Trade and Re (b) Omit “ Special Trade N egotiator”, substitute “Special Trade Representa tive” |
sources” |
Paragraphs 8a (14) (b) and | Omit “ Administrative Ser |
10a (5) (b) | vices”, substitute “ Home Affairs” |
Paragraph 16 (1) (b) | .. . | Omit “Overseas Trade ”, substi |
tute “Trade and Resources” |
SCHEDULE 3—continued
Acts | - | Provisions | Amendments |
Sub-section 5 ( 2 ) ................... | Omit “Treasurer” (first and last |
occurring), substitute “Min ister for Finance” |
Section 12 | ............................ | Omit“by him” |
Increases) Act 1971
Paragraph 5 ( I) (b) | .. .. | Omit “the Treasury”, substitute |
“Finance” |
Paragraph 9 ( a ) ................... | Omit “Treasurer” (first occur |
ring), substitute “Minister for Finance” |
. | (a) | Sub-sections 4 (5) and (7) | Omit the sub-sections |
(b) Sub-section 6 (2). . . | Omit “or the Treasurer”, sub stitute “, the Treasurer or the MinisterforFinance” |
Sub-section 3 (4) |
SCHEDULES TO BE SUBSTITUTED FOR SCHEDULES 2 AND 3 TO THE
PUBLIC SERVICE ACT 1922
SCHEDULE 2 | Sections 7 and 10 |
DEPARTMENTS |
The Department of the Senate
The Department of the House of Representatives
The Department of the Parliamentary Library
The Department o f the Parliamentary Reporting Staff
The Joint House Department
The Department of Aboriginal Affairs
The Department of Administrative Services
The Attorney-General’s Department
The Department of Business and Consumer Affairs
The Department of the Capital Territory
The Department of Construction
The Department of Defence
The Department of Education |
The Department of Employment and Industrial Relations
The Department of Environment, Housing and Community Development
The Department of Finance
The Department of Foreign Affairs
The Department of Health
The Department of Home Affairs
The Department of Immigration and Ethnic Affairs
The Department of Industry and Commerce
The Department of National Development
The Department of the Northern Territory
The Postal and Telecommunications Department
The Department of Primary Industry
The Department of the Prime Minister and Cabinet
The Department of Productivity
The Department of Science
The Department of Social Security
The Department of the Special Trade Representative
The Department of Trade and Resources
SC H ED U LE 4 —continued
The Department o f Transport
The Department o f the Treasury
The Department o f Veterans’ Affairs
SCHEDULE 3 | Section 25 |
PERMANENT HEADS OF DEPARTMENTS
The Clerk of the Senate
The Clerk of the House of Representatives
The Parliamentary Librarian
The Principal Parliamentary Reporter
The Secretary of the Joint House Department
The Secretary to the Department o f Aboriginal Affairs
The Secretary to the Department o f Administrative Services
The Secretary to the Attorney-General’s Department
The Secretary to the Department o f the Capital Territory
The Secretary to the Department of Construction and Director-General of Works
The Comptroller-General of Customs
The Secretary to the Department of Defence
The Secretary to the Department of Education
The Secretary to the Department of Employment and Industrial Relations
The Secretary to the Department o f Environment, Housing and Community Development
The Secretary to the Department o f Finance
The Secretary to the Department o f Foreign Affairs
The Director-General of Health
The Secretary to the Department of Home Affairs
The Secretary to the Department of Immigration and Ethnic Affairs
The Secretary to the Department of Industry and Commerce
The Secretary to the Department of National Development
The Secretary to the Department of the Northern Territory
The Secretary to the Postal and Telecommunications Department
The Secretary to the Department of Primary Industry
The Secretary to the Department of the Prime Minister and Cabinet
The Secretary to the Department of Productivity
The Secretary to the Department of Science
The Secretary to the Department of the Special Trade Representative
The Secretary to the Department o f Trade and Resources
The Director-General of Social Services
The Secretary to the Department o f Transport
The Secretary to the Department o f the Treasury
The Secretary to the Department o f Veterans ’ Affairs | NOTE |
1. Act No. 36,1978; assented to 12 June 1978.
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