Commonwealth Functions (Statutes Review) Act 1981 (Cth)
This compilation was prepared on 18 September 2001
taking into account amendments up to Act No. 16 of 1990
[Note: Some provisions of this Act are not in force,
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
Commonwealth Functions (Statutes Review) Act 1981 .
(1) Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent.
(2) Part III shall come into operation on 1 July 1981.
(3) Section 172 shall come into operation on the day on which section 44 of the
Commonwealth Teaching Service Act 1972 comes into operation.(4) Section 173 shall come into operation on the day on which section 46 of the
Commonwealth Teaching Service Act 1972 comes into operation.(5) Section 225 shall come into operation on the day on which subsection 5(2) of the
Navigation Amendment Act 1980 comes into operation.(6) Sections 226, 227 and 230 shall come into operation on the day on which section 18 of the
Navigation Amendment Act 1980 comes into operation.(7) Section 228 shall come into operation on the day on which sections 61 and 62 of the
Navigation Amendment Act 1980 come into operation.(8) Parts XIV and XVIII shall come into operation on the day on which the
Petroleum Products Pricing Act 1981 comes into operation.(9) Part XIX shall come into operation on the day on which this Act receives the Royal Assent but the provisions of the Act amended by that Part shall come into operation as so amended in accordance with section 2 of that Act as so amended.
(10) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.
The following Ordinances of the Australian Capital Territory are repealed:
Agents Ordinance 1968
Agents Ordinance 1970
Agents Ordinance (No. 2) 1970
Agents Ordinance 1971
Agents Ordinance 1972
Agents Ordinance 1973
Agents Ordinance (No. 2) 1973
Agents (Amendment) Ordinance 1976 .
The following Ordinances of the Australian Capital Territory are repealed:
Architects Ordinance 1959
Architects Ordinance 1967
Architects Ordinance 1970
Architects Ordinance (No. 2) 1970
Architects Ordinance 1971
Architects Ordinance 1973
Architects Ordinance 1974
Architects Ordinance (No. 2) 1974
Architects (Amendment) Ordinance 1976
Architects (Amendment) Ordinance 1978 .
In this Division:
Authority means the Canberra Commercial Development Authority established under the Ordinance.
commencing day means the day fixed under section 13.
Minister means the Minister for the Capital Territory.
Ordinance means theCanberra Commercial Development Authority Ordinance 1974 of the Australian Capital Territory as amended and in force for the time being.
purchaser means a person who enters into an agreement with the Authority under section 7.
This Division has effect notwithstanding anything contained in the Ordinance.
(1) The Authority shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Authority as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement.
(2) An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Authority as are referred to in the agreement.
(3) In an agreement entered into under subsection (1):
(a) a reference to rights, property or assets of the Authority may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and
(b) a reference to debts, liabilities or obligations of the Authority may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement.
(1) For the purpose of facilitating the sale of the rights, property or assets of the Authority and winding up the affairs of the Authority, the Minister may give directions to the Authority in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Authority shall comply with any such directions.
(2) If the Authority fails to comply with a direction given to it by the Minister under subsection (1), the Governor‑General may, by instrument in writing under his hand, remove any one or more of the members of the Authority from office.
(3) Where the Governor‑General removes a member of the Authority from office under subsection (2), the Governor‑General may appoint another person as a member of the Authority in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Governor‑General.
(4) If a member of the Authority who is removed from office by the Governor‑General under subsection (2) was the Chairman, or the Deputy Chairman, of the Authority, the Governor‑General may appoint another member of the Authority to be the Chairman, or the Deputy Chairman, of the Authority, as the case may be.
(1) An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.
(2) The Authority shall:
(a) form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Authority; and
(b) on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement:
(i) transfer to the company such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser; and
(ii) cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser.
(3) Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations.
(4) If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the
Compensation (Commonwealth Government Employees) Act 1971 , then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.
(1) An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.
(2) The Authority shall, on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser.
(3) Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations.
(4) If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the
Compensation (Commonwealth Government Employees) Act 1971 , then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.
After the rights, property or assets referred to in subparagraph 9(2)(b)(i) or subsection 10(2), as the case may be, are transferred to a person in accordance with that subparagraph or subsection, such contracts (if any) as are specified in, or ascertained in accordance with, the agreement, being contracts to which the Authority was a party at the time immediately before the transfer took place, have effect as if:
(a) that person were substituted for the Authority as a party to each contract; and
(b) any reference in such a contract to the Authority were (except in relation to matters that occurred before that time) a reference to that person;
and the Authority ceases to be a party to the contracts.
If, immediately before the day on which rights, property or assets referred to in subparagraph 9(2)(b)(i) or subsection 10(2), as the case may be, are transferred to a person, the Authority was a party to proceedings specified in the agreement that were pending in a court, that person is, on that day, by force of this section, substituted for the authority as a party to the proceedings and has the same rights in the proceedings as the party for which that person is substituted.
If the Authority enters into an agreement in accordance with section 7, the Minister shall, as soon after the day referred to in that section as it appears to him to be appropriate to do so, by notice published in the
Gazette , fix a day on which the Authority is to cease to exist.
(1) Upon the commencing day:
(a) the
Canberra Commercial Development Authority Ordinance 1974 and theCanberra Commercial Development Authority Amendment Ordinance 1977 of the Australian Capital Territory are repealed;(b) any rights, property or assets that, immediately before that day, were vested in the Authority vest on that day, by force of this subsection, in the Commonwealth; and
(c) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the Authority that existed immediately before that day.
(2) Any contract to which the Authority was a party immediately before the commencing day has effect on and after that day as if:
(a) the Commonwealth were substituted for the Authority as a party to the contract; and
(b) any reference in the contract to the Authority were (except in relation to matters that occurred before that time) a reference to the Commonwealth.
(3) If, immediately before the commencing day, proceedings to which the Authority was a party were pending in any court, the Commonwealth is, on that day, by force of this subsection, substituted for the Authority as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.
On and after the commencing day, any functions, duties or powers under the
Commonwealth Employees (Redeployment and Retirement) Act 1979 that would, if the Authority had not ceased to exist, be required to be performed or be permitted to be exercised by the Authority shall be performed or may be exercised, as the case may be, by the Secretary to the Department of the Capital Territory.
(1) Where by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney‑General’s Department or a person authorized under subsection 55E(4) of the
Judiciary Act 1903 may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such other things, as are necessary to reflect the operation of this Division in relation to that interest in land.(2) The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Authority, require the Authority to produce to him any Crown lease or other document in the possession or within the control of the Authority affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division.
(3) If the Authority fails to comply with a requirement in a notice given to the Authority under subsection (2), the Authority is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200.
(4) If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed until the Crown lease or other document is produced.
(5) Charges against the Authority for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document.
(6) If the Authority is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
Where, at the expiration of the day immediately preceding the commencing day, the repealed
Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time a member or employee of the Authority, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the Ordinances referred to in section 14 had not been repealed but that person had on the first‑mentioned day resigned his office, or resigned from his employment with the Authority, as the case may be.
In this Division:
commencing day means the day fixed under section 27.
Market has the same meaning as in the Ordinance.
Minister means the Minister for the Capital Territory.
Ordinance means theCanberra Retail Markets Ordinance 1971 of the Australian Capital Territory as amended and in force for the time being.
purchaser means a person who enters into an agreement with the Trust under section 20.
Trust means the Canberra Retail Markets Trust established under the Ordinance.
This Division has effect notwithstanding anything contained in the Ordinance.
(1) The Trust shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Trust as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement.
(2) An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Trust as are referred to in the agreement.
(3) In an agreement entered into under subsection (1):
(a) a reference to rights, property or assets of the Trust may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and
(b) a reference to debts, liabilities or obligations of the Trust may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement.
(1) For the purpose of facilitating the sale of the rights, property or assets of the Trust and winding up the affairs of the Trust, the Minister may give directions to the Trust in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Trust shall comply with any such directions.
(2) If the Trust fails to comply with a direction given to it by the Minister under subsection (1), the Minister may, by instrument in writing under his hand, remove any one or more of the members of the Trust from office.
(3) Where the Minister removes a member of the Trust from office under subsection (2), the Minister may appoint another person as a member of the Trust in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Minister.
(4) If a member of the Trust who is removed from office by the Minister under subsection (2) was the Chairman of the Trust, the Minister may appoint another member of the Trust to be the Chairman of the Trust.
(1) An agreement entered into in accordance with section 20 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.
(2) The Trust shall:
(a) form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Trust; and
(b) on the day referred to in the agreement in accordance with subsection 20(1), upon receipt of the consideration specified in the agreement:
(i) transfer to the company such of the rights, property or assets of the Trust as are required by the agreement to be acquired by the purchaser; and
(ii) cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser.
(3) Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Trust as are required by the agreement to be paid or discharged by the purchaser and the Trust ceases to be liable to pay or discharge those debts, liabilities or obligations.
(4) If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Trust arising under or by virtue of the
Compensation (Commonwealth Government Employees) Act 1971 , then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 20(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Trust, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.
(1) An agreement entered into in accordance with section 20 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.
(2) The Trust shall, on the day referred to in the agreement in accordance with subsection 20(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Trust as are required by the agreement to be acquired by the purchaser.
(3) Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Trust as are required by the agreement to be paid or discharged by the purchaser and the Trust ceases to be liable to pay or discharge those debts, liabilities or obligations.
(4) If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Trust arising under or by virtue of the
Compensation (Commonwealth Government Employees) Act 1971 , then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 20(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Trust, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.
After the rights, property or assets referred to in subparagraph 22(2)(b)(i) or subsection 23(2), as the case may be, are transferred to a person in accordance with that subparagraph or subsection, such contracts (if any) as are specified in, or ascertained in accordance with, the agreement, being contracts to which the Trust was a party at the time immediately before the transfer took place, have effect as if:
(a) that person were substituted for the Trust as a party to each contract; and
(b) any reference in such a contract to the Trust were (except in relation to matters that occurred before that time) a reference to that person;
and the Trust ceases to be a party to the contracts.
If, immediately before the day on which rights, property or assets referred to in subparagraph 22(2)(b)(i) or subsection 23(2), as the case may be, are transferred to a person, the Trust was a party to proceedings specified in the agreement that were pending in a court, that person is, on that day, by force of this section, substituted for the Trust as a party to the proceedings and has the same rights in the proceedings as the party for which that person is substituted.
If the Trust enters into an agreement in accordance with section 20 that relates to rights, property or assets of the Trust in relation to one only of the Markets managed and controlled by the Trust, Parts III, IV, V and VI of the Ordinance apply only in relation to the Market that the Trust continues to manage and control.
If the Trust enters into an agreement in accordance with section 20 that relates, or agreements in accordance with that section that together relate, to rights, property or assets of the Trust in relation to both of the Markets managed and controlled by the Trust, the Minister shall, as soon after the day referred to in section 20 as it appears to him to be appropriate to do so, by notice published in the
Gazette , fix a day on which the Trust is to cease to exist.
(1) Upon the commencing day:
(a) the following Ordinances of the Australian Capital Territory are repealed:
Canberra Retail Market Trust Ordinance 1971
Canberra Retail Market Trust Ordinance 1972
Canberra Retail Market Trust Ordinance 1973
Canberra Retail Market Trust Ordinance 1974
Canberra Retail Markets Ordinance 1976
Canberra Retail Markets (Amendment) Ordinance 1978
Canberra Retail Markets (Amendment) Ordinance 1980 ;
(b) any rights, property or assets that, immediately before that day, were vested in the Trust vest on that day, by force of this subsection, in the Commonwealth; and
(c) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the Trust that existed immediately before that day.
(2) Any contract to which the Trust was a party immediately before the commencing day has effect on and after that day as if:
(a) the Commonwealth were substituted for the Trust as a party to the contract; and
(b) any reference in the contract to the Trust were (except in relation to matters that occurred before that time) a reference to the Commonwealth.
(3) If, immediately before the commencing day, proceedings to which the Trust was a party were pending in any court, the Commonwealth is, on that day, by force of this subsection, substituted for the Trust as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.
On and after the commencing day, any functions, duties or powers under the
Commonwealth Employees (Redeployment and Retirement) Act 1979 that would, if the Trust had not ceased to exist, be required to be performed or be permitted to be exercised by the Trust shall be performed or may be exercised, as the case may be, by the Secretary to the Department of the Capital Territory.
(1) Where, by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney‑General’s Department or a person authorized under subsection 55E(4) of the
Judiciary Act 1903 may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such things, as are necessary to reflect the operation of this Division in relation to that interest in land.(2) The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Trust, require the Trust to produce to him any Crown lease or other document in the possession or within the control of the Trust affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division.
(3) If the Trust fails to comply with a requirement in a notice given to the Trust under subsection (2), the Trust is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200.
(4) If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed, until the Crown lease or other document is produced.
(5) Charges against the Trust for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document.
(6) If the Trust is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.
Where, at the expiration of the day immediately preceding the commencing day, the repealed
Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time a member or employee of the Trust, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the Ordinances referred to in section 28 had not been repealed but that person had on the first‑mentioned day resigned his office, or resigned from his employment with the Trust, as the case may be.
The
Canberra Showground Trust Ordinance 1976 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Section 18 of the Principal Ordinance is repealed and the following section is substituted:
(1) The Trust may engage such employees as are necessary for the performance of its functions under this Ordinance.
(2) The terms and conditions of employment of persons engaged under this section (including conditions with respect to the duration of employment or with respect to dismissal from employment) are such as are determined by the Trust with the approval of the Public Service Board.
The
Co‑operative Societies Ordinance 1939 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Section 4 of the Principal Ordinance is amended by omitting the definition of
trading society .
Part III of the Principal Ordinance is repealed.
Section 18 of the Principal Ordinance is amended by omitting from subsection (1) “registered trading societies,”.
Section 32 of the Principal Ordinance is amended:
(a) by omitting from subsections (1) and (1A) “trade or” (wherever occurring); and
(b) by omitting from subsection (1B) “trading or”.
Section 38 of the Principal Ordinance is amended:
(a) by omitting from subsection (1) “a registered trading society,”; and
(b) by omitting from subsection (1) “registered trading society,”.
Section 45 of the Principal Ordinance is amended by omitting from subsection (1) “through or” (first occurring).
The
Lakes Ordinance 1976 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Section 4 of the Principal Ordinance is amended:
(a) by inserting after the definition of
Dairy Bridge in subsection (1) the following definition:
delegate of the Minister means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 6.; and
(b) by omitting from subsection (1) the definition of
Superintendent .
Sections 6 and 7 of the Principal Ordinance are repealed and the following sections are substituted:
The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.
The delegate of the Minister has such powers as are conferred upon him by this Ordinance and, in addition, has all the powers of an inspector.
Section 35 of the Principal Ordinance is amended by omitting from subsection (1) “Superintendent” (wherever occurring) and substituting “delegate of the Minister”.
The
Landlord and Tenant Ordinance 1949 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Section 8 of the Principal Ordinance is amended:
(a) by omitting from subsection (1) the definition of
appeal ;(b) by omitting “Controller” from the definition of
application in subsection (1) and substituting “Minister”; and(c) by omitting from subsection (1) the definitions of
authorized officer ,determination ,Fair Rents Board andthe Controller .
Division 1 of Part II of the Principal Ordinance is repealed.
Section 13A of the Principal Ordinance is amended by omitting subsection(2).
Section 15 of the Principal Ordinance is amended by omitting subsection (1).
Section 16 of the Principal Ordinance is amended by omitting “the Controller or a Fair Rents Board” and substituting “the Minister”.
Divisions 3 and 4 of Part II of the Principal Ordinance are repealed.
Sections 30 to 35 (inclusive) of the Principal Ordinance are repealed.
Section 36 of the Principal Ordinance is amended by omitting from subsection (6) the definition of
weekly rent and substituting the following definition:
weekly rent , in respect of prescribed premises, means the rent applicable to those premises in respect of a week.
Sections 42 to 55 (inclusive) of the Principal Ordinance are repealed.
Sections 58 and 59 of the Principal Ordinance are repealed.
The heading to Part IIA of the Principal Ordinance is repealed and the following heading is substituted:
Section 62A of the Principal Ordinance is amended:
(a) by omitting from subsection (8) “by a determination or”;
(b) by adding at the end of paragraph (10)(a) “or”; and
(c) by omitting paragraph (10)(b).
Sections 65 and 66 of the Principal Ordinance are repealed.
Section 79 of the Principal Ordinance is repealed.
Section 87 of the Principal Ordinance is amended by omitting from subsections (1), (2), (3) and (5) “Controller” and substituting “Minister”.
Section 88 of the Principal Ordinance is amended by omitting from subsections (2), (3) and (6) “Controller” and substituting “Minister”.
Section 93 of the Principal Ordinance is amended by omitting from subsection (1) “Controller or an authorized officer” and substituting “Minister”.
Section 94 of the Principal Ordinance is amended by omitting “Controller or an authorized officer” and substituting “Minister”.
Section 95 of the Principal Ordinance is amended by omitting “Controller” (wherever occurring) and substituting “Minister”.
Section 95A of the Principal Ordinance is amended:
(a) by omitting from paragraph (1)(b) “the Board or the Controller” and substituting “the Minister”; and
(b) by omitting from subsection (2) “Controller” (wherever occurring) and substituting “Minister”.
The following Ordinances of the Australian Capital Territory are repealed:
Companies (Life Insurance Holding Companies) Ordinance 1968
Companies (Life Insurance Holding Companies) Ordinance 1970
Companies (Life Insurance Holding Companies) Ordinance 1973 .
The
Milk Authority Ordinance 1971 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in the Division referred to as the Principal Ordinance.
Section 4 of the Principal Ordinance is amended:
(a) by inserting after the definition of
authorized officer in subsection (1) the following definition:
distributor means a person who is a party to a contract with the Authority for the distribution of milk to places other than residential premises.;
(b) by inserting after the definition of
person in subsection (1) the following definition:
price includes every valuable consideration, whether direct or indirect.; and
(c) by inserting after the definition of
process in subsection (1) the following definition:
processor means a person who is a party to a contract with the Authority for the processing of milk.
Section 5 of the Principal Ordinance is amended by omitting from subsection (1) “Minister” and substituting “Authority”.
Section 15 of the Principal Ordinance is repealed and the following sections are substituted:
(1) The Authority may engage such employees as are necessary for the performance of its functions under this Ordinance.
(2) The terms and conditions of employment of persons engaged under this section (including conditions with respect to the duration of employment or with respect to dismissal from employment) are such as are determined by the Authority with the approval of the Public Service Board.
(1) The Authority may appoint a person employed under section 14A to be Secretary to the Authority.
(2) The Authority may appoint a person employed under section 14A to be Assistant Secretary to the Authority.
(3) The person appointed to be Assistant Secretary to the Authority has and may exercise and perform such of the powers and functions of the Secretary to the Authority as the Authority directs.
Section 16 of the Principal Ordinance is amended by omitting from subsection (2) “does not include” and substituting “includes”.
After section 16 of the Principal Ordinance the following sections are inserted:
(1) The Authority may, by notice in writing published in the
Gazette , fix and declare:
(a) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by retail;
(b) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by processors to the holders of Vendor’s Licences or Vendor’s Permits;
(c) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by processors to distributors; and
(d) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by distributors.
(2) A reference in subsection (1) to a container of a specified kind shall be read as including a reference to a container of a specified size and to a container of a specified size that has specified characteristics.
(1) The Minister may, by writing signed by him and delivered to the Secretary to the Authority, request the Authority to give further consideration to any maximum price fixed by the Authority under section 16A and to report the result of its further consideration to him within 28 days of the delivery of the request, and the Authority shall comply with that request.
(2) Where as the result of its consideration, in response to a request under subsection (1), of the maximum price in relation to a class of sales of milk, the Authority decides that in lieu of that maximum price another maximum price should be fixed, the Authority shall, in accordance with section 16A, forthwith fix and declare that other maximum price in relation to that class of sales.
(3) Where the Minister makes a request for a report under subsection (1) in respect of a maximum price, he may, by notice published in the
Gazette , suspend the operation of that price until notice of the receipt of the report is published in theGazette .(4) For the purposes of this Ordinance (other than this section), during the suspension, by virtue of subsection (3), of the operation of a maximum price in relation to a class of sales of milk fixed under a paragraph of subsection 16A(1):
(a) that maximum price shall be deemed not to be so fixed; and
(b) the maximum price (if any) that applied (whether by virtue of this Ordinance, the Prices Regulation Ordinance 1949 of the Australian Capital Territory as amended or section 75 of the
Commonwealth Functions (Statutes Review) Act 1981 ) in relation to that class of sales immediately before that first‑mentioned maximum price was fixed shall be deemed to be the maximum price in relation to that class of sales fixed under that paragraph.(5) Where the Minister has published a notice under subsection (3) in respect of a maximum price, he shall, on receipt of the report of the Authority requested by him in respect of that price, publish notice of the receipt of the report in the
Gazette .
Section 17 of the Principal Ordinance is amended by adding at the end of paragraph (1)(e) or in relation to the price at which milk ought to be sold or the charges that ought to be made in connection with the sale of milk.
After section 49A of the Principal Ordinance the following section is inserted:
(1) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by retail is fixed under paragraph 16A(1)(a), a person shall not sell, or offer for sale, by retail any milk of that kind in a container of that kind at a greater price than that maximum price.
(2) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by processors to the holders of Vendor’s Licences or Vendor’s Permits is fixed under paragraph 16A(1)(b), a processor shall not sell or offer for sale any milk of that kind in a container of that kind to such holders at a price greater than that maximum price.
(3) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by processors to distributors is fixed under paragraph 16A(1)(c), a processor shall not sell or offer for sale any milk of that kind in a container of that kind to distributors at a price greater than that maximum price.
(4) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by distributors is fixed under paragraph 16A(1)(d), a distributor shall not sell or offer for sale any milk of that kind in a container of that kind at a price greater than that maximum price.
(5) A reference in this section to a container of a particular kind shall be read as including a reference to a container of a particular size and to a container of a particular size that has particular characteristics.
Penalty: $1,000.
If section 80 comes into operation before prices relating to the sale of milk in the Australian Capital Territory are fixed under section 16A of the Principal Ordinance as amended by this Division:
(a) the maximum prices relating to the sale of milk in that Territory under the Ordinances repealed by section 80 that were applicable immediately before the repeal of those Ordinances took effect continue in force until prices relating to the sale of milk in that Territory are fixed under section 16A of the Principal Ordinance as amended by this Division; and
(b) if a maximum price is in force in relation to a particular class of sales of milk in the Territory by virtue of paragraph (a), a person who sells or offers to sell milk to which that maximum price is applicable at a price that exceeds that maximum price is guilty of an offence punishable upon conviction by a fine not exceeding $1,000.
The
Nature Conservation Ordinance 1980 of the Australian Capital Territory is in this Division referred to as the Principal Ordinance.
Section 5 of the Principal Ordinance is amended by omitting the definitions of
Chairman andCouncil .
Section 10 of the Principal Ordinance is amended by omitting subsection (2) and substituting the following subsection:
(2) If the Conservator becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Minister shall terminate his appointment.
Part II of the Principal Ordinance is repealed.
The following Ordinances of the Australian Capital Territory are repealed:
Prices Regulation Ordinance 1949
Prices Regulation Ordinance 1973
Prices Regulation Ordinance 1974 .
The
Rabbit Destruction Ordinance 1919 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Regulation 2 in force under the Principal Ordinance is amended by omitting the definition of
Receiver .
Regulations 21, 22 and 23 in force under the Principal Ordinance are repealed.
The
Sewerage Rates Ordinance 1968 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Section 4 of the Principal Ordinance is amended:
(a) by inserting after the definition of
appropriate officer in subsection (1) the following definition:
delegate of the Minister means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 17.; and
(b) by omitting from subsection (1) the definition of
the authorized officer .
Section 17 of the Principal Ordinance is amended by omitting subsection (1) and substituting the following subsection:
(1) The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.
Section 19 of the Principal Ordinance is amended by omitting from subsections (1) and (3) “authorized officer” and substituting “delegate of the Minister”.
Section 24 of the principal Ordinance is amended by omitting from subsection (1) “authorized officer” (wherever occurring) and substituting “delegate of the Minister”.
The following Ordinances of the Australian Capital Territory are repealed:
Surveyors Ordinance 1967
Surveyors Ordinance 1970
Surveyors Ordinance (No. 2) 1970
Surveyors Ordinance 1975
Surveyors (Amendment) Ordinance 1976
Surveyors (Amendment) Ordinance 1977
Surveyors (Amendment) Ordinance 1978 .
The following Ordinances of the Australian Capital Territory are repealed:
Trading Hours Ordinance 1962
Trading Hours Ordinance 1968
Trading Hours Ordinance 1971
Trading Hours Ordinance 1972
Trading Hours (Amendment) Ordinance 1977 .
The
Water Rates Ordinance 1959 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.
Section 4 of the Principal Ordinance is amended:
(a) by inserting before the definition of
Department in subsection (1) the following definition:
delegate of the Minister means the person who is the delegate of Minister for the purposes of this Ordinance by virtue of an appointment under section 21A.; and
(b) by omitting from subsection (1) the definition of
proper authority .
Section 17 of the Principal Ordinance is amended by omitting “proper authority” (wherever occurring) and substituting “delegate of the Minister”.
Section 18 of the Principal Ordinance is amended by omitting “proper authority” (wherever occurring) and substituting “delegate of the Minister”.
Section 19 of the Principal Ordinance is amended by omitting from subsection (1) “proper authority” and substituting “delegate of the Minister”.
Section 20 of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.
Section 20A of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.
Section 20B of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.
Section 21 of the Principal Ordinance is amended by omitting from subsection (1) “proper authority” (wherever occurring) and substituting “delegate of the Minister”.
Before section 22 of the Principal Ordinance the following section is inserted in Part IV:
The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.
Section 24 of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.
Section 25 of the Principal Ordinance is amended by omitting from subsections (1) and (2) “proper authority” (wherever occurring) and substitute “delegate of the Minister”.
Section 27 of the Principal Ordinance is amended by omitting from subsection (1) “proper authority” and substituting “delegate of the Minister”.
Section 33 of the Principal Ordinance is amended by omitting from subsections (1) and (2) “proper authority” and substituting “delegate of the Minister”.
Nothing in this Part prevents:
(a) the amendment or repeal by an Ordinance under the
Seat of Government (Administration) Act 1910 of an Ordinance of the Australian Capital Territory that has been amended by this Part; or(b) the amendment or repeal by regulations made pursuant to an Ordinance under that Act of a provision of a regulation made under that Ordinance where that provision has been amended by this Part.
(1) This Part shall be deemed to be an Ordinance of the Australian Capital Territory for the purposes of section 38 of the
Interpretation Ordinance 1967 of the Australian Capital Territory as amended and in force for the time being.(2) Where a Division of this Part amends an Ordinance of the Australian Capital Territory, the provisions of that Division shall be construed with that Ordinance and as part of it.
The
Postal Services Act 1975 is in this Part referred to as the Principal Act.
Section 3 of the Principal Act is amended by omitting from the definition of
postal article in subsection (1) “or an article not transmissible by post but transmissible by the courier service”.
Section 10 of the Principal Act is repealed.
Section 104 of the Principal Act is amended by omitting from subsection (1) “or of articles transmitted by the courier service”.
Section 115 of the Principal Act is amended by omitting paragraph (1)(p).
Section 116 of the Principal Act is amended by omitting from paragraph (g) “or by the courier service”.
Notwithstanding the amendments of the Principal Act made by this Part, the Australian Postal Commission may continue to operate a courier service as provided by the Principal Act for the purpose of the conveyance and delivery of any article that had been collected by the Commission before the commencement of this Part for conveyance and delivery pursuant to the courier service but had not been delivered before that commencement.
The
Bankruptcy Act 1966 is in this Part referred to as the Principal Act.
(1) Section 19 of the Principal Act is amended:
(a) by omitting from subsection (1) “Official Receiver” and substituting “trustee”;
(b) by omitting paragraph (1)(c) and substituting the following paragraph:
(c) if the trustee, having regard to all the circumstances of the case, considers it desirable to do so, to investigate:
(i) the conduct, dealings, and transactions of the bankrupt;
(ii) the cause of bankruptcy; and
(iii) the books, accounts and records kept by the bankrupt,
and, if he conducts such an investigation, to file with the Registrar a report showing the result of the investigation;
(c) by omitting from paragraph (1)(d) “an officer, or other person authorized in writing by the Official Receiver,” and substituting “a person authorized in writing by the trustee”;
(d) by omitting paragraph (1)(g) and substituting the following paragraph:
(g) if an investigation referred to in paragraph (c) is made in relation to the bankrupt, to file from time to time such supplementary reports in relation to the matters specified in that paragraph as the trustee considers desirable, having regard to all the circumstances of the case.; and
(e) by omitting from subsection (2) “Official Receiver” and substituting “trustee”.
(2) The amendments of section 19 of the Principal Act made by subsection (1) of this section apply in relation to:
(a) the estate of a person who becomes a bankrupt after the commencement of this section; and
(b) the estate of a person who became a bankrupt before the commencement of this section and in relation to whom a report has not been furnished under section 19 of the Principal Act before the commencement of this section.
Section 50 of the Principal Act is amended by inserting in subsection (1) “or a specified registered trustee” after “Official Trustee”.
(1) Section 52 of the Principal Act is amended:
(a) by inserting in subsection (1) “, subject to subsection (1A),” after “may” (last occurring); and
(b) by inserting after subsection (1) the following subsection:
(1A) The Court shall not make a sequestration order under subsection (1) against the estate of a debtor or against the estates of 2 or more joint debtors, whether partners or not, unless:
(a) a registered trustee has, under subsection 156A(1), consented to act as the trustee of the estate of the debtor, or as the trustee of the joint and separate estates of the joint debtors, as the case may be; or
(b) if paragraph (a) does not apply:
(i) it appears to the Court that the value of the property of the debtor, or of the property comprising the joint estate of the joint debtors, as the case may be, that would be divisible amongst the creditors by virtue of section 116 if the order were to be made (but not including any property acquired by or devolving on the debtor, or on the joint debtors jointly, as the case may be, after the making of the order that would be so divisible) is less than $10,000, or, if another amount is for the time being prescribed for the purpose of this subparagraph, that other amount; or
(ii) the petitioning creditor satisfies the Court that he has, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of the estate of the debtor, or in respect of the joint and separate estates of the joint debtors who would become bankrupts upon the making of the order, as the case may be, but has been unable to obtain any such consent.
(2) Notwithstanding the amendments of section 52 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.
(1) Section 54 of the Principal Act is amended by omitting from paragraphs 54(1)(b) and 54(2)(b) “Official Receiver for the District in which the sequestration order was made” and substituting “trustee”.
(2) The amendments of section 54 of the Principal Act made by subsection (1) of this section do not apply in relation to sequestration orders made before the commencement of this section.
(1) Section 55 of the Principal Act is amended:
(a) by omitting from subsection (3) “Where” and substituting “Subject to subsection (4A), where”;
(b) by inserting in subsection (4) “but subject to subsection (4A)”, after “Registrar,”;
(c) by inserting after subsection (4) the following subsection:
(4A) The Registrar shall not, under subsection (3), accept a petition presented to him under this section, being a petition other than a petition in relation to which a direction under subsection (4) is in force, and the Court shall not, under subsection (4), direct the Registrar to accept such a petition, unless:
(a) a registered trustee has, under subsection 156A(1), consented to act as the trustee of the estate of the debtor; or
(b) if paragraph (a) does not apply:
(i) it appears to the Registrar, or to the Court, as the case may be, that the value of the property of the debtor that would be divisible amongst his creditors by virtue of section 116 if the petition were to be accepted (but not including any property acquired by or devolving on him after the acceptance of the petition that would be so divisible) is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or
(ii) the debtor satisfies the Registrar, or the Court, as the case may be, that he has, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of his estate but has been unable to obtain any such consent.; and
(d) by omitting from subsection (5) “Official Receiver” (wherever occurring) and substituting “trustee”.
(2) Notwithstanding the amendments of section 55 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.
(1) Section 56 of the Principal Act is amended:
(a) by omitting from subsection (4) “subsection (6)” and substituting “subsections (6) and (7A)”;
(b) by inserting after subsection (7) the following subsection:
(7A) The Registrar shall not, under subsection (4), accept a petition presented to him under this section, being a petition other than a petition that is required to be referred to the Court under subsection (5) or (6), and the Court shall not, under subsection (5) or paragraph (7)(a) or (b), direct the Registrar to accept a petition, unless:
(a) a registered trustee has, under subsection 156A(1), consented to act as the trustee of the joint and separate estates of the members of the partnership who would become bankrupts upon the acceptance of the petition, or the petition as amended, as the case may be, under this section; or
(b) if paragraph (a) does not apply:
(i) it appears to the Registrar, or to the Court, as the case may be, that the value of the property comprising the joint estate of the members of the partnership, who would become bankrupts upon acceptance of the petition, or the petition as amended, as the case may be, under this section, being property (not including any property acquired by or devolving on the members of the partnership jointly after the acceptance of the petition, or the petition as amended, as the case may be,) that would be divisible amongst the creditors by virtue of section 116 if the petition, or the petition as amended, as the case may be were to be accepted, is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or
(ii) the petitioning partners satisfy the Registrar, or the Court, as the case may be, that they have, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of the joint and separate estates of the members of the partnership who would become bankrupts upon acceptance of the petition, or the petition as amended, as the case may be, under this section but have been unable to obtain any such consent.; and
(c) by omitting from subsections (9) and (13) “Official Receiver” (wherever occurring) and substituting “trustee”.
(2) Notwithstanding the amendments of section 56 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.
(1) Section 57 of the Principal Act is amended:
(a) by omitting from subsection (4) “Where” and substituting “Subject to subsection (5A), where”;
(b) by inserting after subsection (5) the following subsection:
(5A) The Registrar shall not, under subsection (4), accept a petition presented to him under this section, being a petition other than a petition that is required to be referred to the Court under subsection (5), and the Court shall not, under subsection (5), direct the Registrar to accept a petition, unless:
(a) a registered trustee has, under subsection 156A(1), consented to act as the trustee of the joint and separate estates of the petitioning debtors; or
(b) if paragraph (a) does not apply:
(i) it appears to the Registrar, or to the Court, as the case may be, that the value of the property comprising the joint estate of the petitioning debtors that would be divisible amongst the creditors by virtue of section 116 if the petition were to be accepted (but not including any property acquired by or devolving on the petitioning debtors jointly after the acceptance of the petition that would be so divisible) is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or
(ii) the petitioning debtors satisfy the Registrar, or the Court, as the case may be, that they have in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of their joint and separate estates but have been unable to obtain any such consent.; and
(c) by omitting from subsection (6) “Official Receiver” (wherever occurring) and substituting “trustee”.
(2) Notwithstanding the amendments of section 57 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.
Section 58 of the Principal Act is amended by inserting in paragraph (1)(a) “or, if, at the time when the debtor becomes a bankrupt, a registered trustee becomes the trustee of the estate of the bankrupt by virtue of section 156A, in that registered trustee” after “Official Trustee”.
Section 64 of the Principal Act is amended by omitting from subsections (1) and (2) “Official Receiver” and substituting “trustee”.
(1) Section 69 of the Principal Act is amended:
(a) by omitting subsections (1), (2) and (3) and substituting the following subsections:
(1) The trustee of the estate of a bankrupt may, at any time, make an application, in writing, to the Registrar for the examination of the bankrupt, on oath, as to the conduct, trade dealings, property and affairs of the bankrupt.
(2) The Registrar shall, on receipt by him of an application under subsection (1), fix a date, time and place for the commencement of the examination, under this section, of the bankrupt to whom the application relates and shall summon the bankrupt to attend on the date, and at the time and place, so fixed.; and
(b) by omitting subsection (13) to (17) (inclusive).
(2) Notwithstanding the amendments of section 69 of the Principal Act made by subsection (1) of this section, where the Registrar has, before the commencement of this section, fixed a date, time and place for the examination of a bankrupt under that section of the Principal Act, the provisions of section 69 of the Principal Act continue to apply, after the commencement of this section, in relation to any examination of the bankrupt in consequence of that date, time and place having been so fixed as if those amendments had not been made, and section 69 of the Principal Act as amended by subsection (1) of this section does not apply in relation to any such examination of the bankrupt.
Section 132 of the Principal Act is amended by inserting in subsection (1) “and to section 158,” after “section,”.
(1) Section 149 of the Principal Act is amended by omitting from subsections (3), (8) and (12) “Official Receiver” and substituting “Inspector‑General”.
(2) Where:
(a) the Official Receiver has, before the commencement of this section, entered an objection, under paragraph 149(3)(c) of the Principal Act, to the discharge of a bankrupt by force of section 149 of the Principal Act;
(b) the objection has not been withdrawn, or has not lapsed, before the commencement of this section; and
(c) the bankrupt has not been discharged under section 150 of the Principal Act before the commencement of this section;
section 149 of the Principal Act as amended by subsection (1) of this section applies in relation to the objection as if the objection had been entered by the Inspector‑General in Bankruptcy under paragraph 149(3)(c) of the Principal Act as so amended and in relation to any application made by the Official Receiver under section 149 of the Principal Act in relation to the objection as if that application had been made by the Inspector‑General in Bankruptcy under section 149 of the Principal Act as so amended.
(1) Section 150 of the Principal Act is amended:
(a) by omitting paragraph (1)(b) and substituting the following paragraph:
(b) the trustee has notified him in writing, that the trustee does not intend to make an application for his examination under section 69; or;
(b) by omitting subsection (3) and substituting the following subsection:
(3) On the hearing of an application under this section, the Court shall take into consideration a report in writing by the trustee concerning the bankrupt, his conduct, trade dealings, property and affairs both in respect of the period before and the period after the applicant became a bankrupt.;
(c) by omitting subparagraph (4)(a)(i); and
(d) by omitting from subparagraph (4)(a)(iv) “(being a registered trustee)”.
(2) Notwithstanding the amendments of section 150 of the Principal Act made by subsection (1) of this section, where:
(a) a bankrupt has, before the commencement of this section, applied to the court under section 150 of the Principal Act for an order of discharge; and
(b) the application has not been disposed of before the commencement of this section;
the provisions of section 150 of the Principal Act continue to apply, after the commencement of this section, in relation to the application as if those amendments had not been made.
The Principal Act is amended by inserting after section 156 the following section:
(1) A registered trustee may, by instrument signed by him and filed with the Registrar, consent to act:
(a) as the trustee of the estate of the debtor specified in the instrument in the event that the debtor becomes a bankrupt; or
(b) as the trustee of the joint and separate estates of such of the debtors specified in the instrument, being members of a partnership or joint debtors who are not in partnership with one another, as may become bankrupts, or, if only one of those debtors becomes a bankrupt, as the trustee of the estate of that debtor.
(2) An instrument under subsection (1) shall be in accordance with the prescribed form.
(3) Where:
(a) at the time when a debtor becomes a bankrupt, a registered trustee has, under subsection (1), consented to act as the trustee of the estate of the debtor and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the estate of the bankrupt; and
(b) at the time when 2 or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, become bankrupts, a registered trustee has, under subsection (1), consented to act as the trustee of the joint and separate estates of those debtors and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the joint and separate estates of those bankrupts.
(4) A creditor may file with the Registrar for the appropriate District an application for the removal by the Court of a trustee of the estate of a bankrupt, being a trustee who is the trustee of that estate by virtue of subsection (3), on the ground:
(a) that the trustee is not fit to act as trustee; or
(b) that the connection of the trustee with, or the relation of the trustee to, the bankrupt is likely to make it difficult for him to act with impartiality in the interests of the creditors generally.
(5) Where an application under subsection (4) is filed, the Court may, if a ground specified in that subsection is established, remove the trustee from office and may appoint another registered trustee to be trustee in his place.
(6) Where the Court appoints a person as trustee under subsection (5), the Registrar shall issue to the person a certificate of appointment.
(7) The appointment of a trustee under subsection (5) takes effect from and including the date on which the Court makes the appointment or such later date as the Court directs.
(1) Section 157 of the Principal Act is amended:
(a) by omitting subsection (1) and (2) and substituting the following subsections:
(1) Where a debtor becomes a bankrupt, the creditors may, if the Official Trustee is the trustee of the estate of the bankrupt, by resolution, at the first or a subsequent meeting of creditors, appoint a registered trustee to the office of trustee of the estate of the bankrupt in place of the Official Trustee.
(2) The person (in this section referred to as the
relevant trustee ) who is the trustee of the estate of a bankrupt at the time of an appointment, under subsection (1), of a registered trustee as the trustee, or as one of the trustees, of the estate shall, as early as practicable, notify the registered trustee, in writing, that he has been so appointed.;
(b) by omitting from subsection (3) “so appointed” and substituting “appointed under subsection (1)”;
(c) by omitting from subsections (3) and (5) “Official Receiver” (wherever occurring) and substituting “relevant trustee”;
(d) by omitting from subsection (5) “as trustee by the creditors” and substituting “under subsection (1)”; and
(e) by omitting from subsection (5) “another person” and substituting “, under subsection (1), another registered trustee”.
(2) Notwithstanding the amendments of section 157 of the Principal Act made by subsection (1) of this section, where, before the commencement of this section:
(a) a person has been appointed under subsection 157(1) of the Principal Act but the appointment has not taken effect (otherwise than by reason of subsection 157(5) of the Principal Act); or
(b) an objection to an appointment under subsection 157(1) of the Principal Act has been filed under subsection 157(6) of the Principal Act but the objection has not been disposed of;
section 157 of the Principal Act continues to apply, after the commencement of this section, in relation to the appointment, or in relation to the appointment and the objection, as the case may be, as if those amendments had not been made.
Section 158 of the Principal Act is amended by adding at the end thereof the following subsection:
(3) In this section, a reference to a registered trustee, in relation to the appointment of a trustee of the estate of a bankrupt, includes a reference to a registered trustee who is, by virtue of subsection 156A(3), the trustee of the estate of the bankrupt.
Section 160 of the Principal Act is repealed and the following section is substituted:
160
Official Trustee to be trustee when no registered trustee is trustee If at any time there is no registered trustee who is the trustee of the estate of a bankrupt, the Official Trustee shall, by force of this section, be the trustee of the estate.
Section 166 of the Principal Act is repealed.
Section 172 of the Principal Act is amended:
(a) by omitting from paragraph (1)(a) “fixed”; and
(b) by omitting from paragraph (1)(c) “any Commonwealth security” and substituting “public securities as defined by subsection 20D(8)”.
Section 175 of the Principal Act is amended:
(a) by adding at the end of paragraph (1)(a) “and”; and
(b) by omitting paragraph (1)(b).
Section 181 of the Principal Act is amended by inserting “, or a registered trustee who is, by virtue of subsection 156A (3), the trustee of the estate of the bankrupt concerned,” after “them,”.
Section 190 of the Principal Act is amended by adding at the end of subsection (3) “or with the leave of the Court”.
Section 254 of the Principal Act is amended:
(a) by omitting from paragraph (2A)(a) “or an Official Receiver” and substituting “, an Official Receiver or a registered trustee”; and
(b) by omitting from subsection (2A) “the Official Trustee or Official Receiver” (wherever occurring) and substituting “the Official Trustee, Official Receiver or registered trustee”.
(1) Section 306B of the Principal Act is amended:
(a) by omitting from subsection (1) “an Official Receiver” and substituting “the trustee of the estate of a bankrupt”; and
(b) by omitting from subsection (1) “19(1)(c)” and substituting “19(1)(c) or (g)”.
(2) Notwithstanding the amendments of section 306B of the Principal Act made by subsection (1) of this section, that section of the Principal Act continues to apply, after the commencement of this section, in relation to reports prepared in pursuance of paragraph 19(1)(c) of the Principal Act before the commencement of this section.
(1) Section 306C of the Principal Act is repealed.
(2) Notwithstanding the repeal of section 306C of the Principal Act effected by subsection (1) of this section, that section of the Principal Act continues to apply, after the commencement of this section, in relation to reports prepared in pursuance of paragraph 175(1)(b) of the Principal Act before the commencement of this section.
The
Compensation (Commonwealth Government Employees) Act 1971 is in this Part referred to as the Principal Act.
The Principal Act is amended as set out in Schedule 2.
Expressions used in this Part that are used in the Principal Act have, unless the contrary intention appears, the same meanings as in the Principal Act.
(1) Where a determination was made by the Commissioner for Employees’ Compensation under the Principal Act before the date of commencement of this Part, then, subject to this Part:
(a) if a party to the determination had not, before that date, requested the Commissioner to refer a matter or question to which the determination relates to a Compensation Tribunal for reconsideration and had not, before that date, applied to a prescribed Court for a judicial review of the determination, then, subject to this Part, the Principal Act as amended by this Part applies in relation to the determination in like manner as it applies in relation to a determination made on or after that date;
(b) if a party to the determination had, before that date, applied to a prescribed Court for a judicial review of the determination, then, notwithstanding the amendments made by section 149, the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination;
(c) if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination and the Court had granted an extension for a period ending on or after that date but an application had not been made before that date for a judicial review of the determination then, notwithstanding the amendments made by section 149:
(i) the Principal Act continues to apply for the purpose of enabling the party to make such an application within that period; and
(ii) where the party makes an application within that period—the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination;
(d) if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination but the Court had not, before that date, heard and determined the application for the extension of time, then, notwithstanding the amendments made by section 149:
(i) the Principal Act continues to apply for the purpose of enabling the Court to hear and determine the application and, where the Court grants the extension of time, enabling that party to apply for a judicial review of the determination within the period for which the time is extended; and
The
Navigation Amendment Act 1980 is in this Division referred to as the Principal Act.
The
Navigation Amendment Act 1981 is in this Division referred to as the Principal Act.
The following Acts are repealed:
Prices Justification Act 1973
Prices Justification Act 1974
Prices Justification Amendment Act 1976
Prices Justification Amendment Act 1979 .
The Minister for Business and Consumer Affairs shall, as soon as practicable after the commencement of this Part, cause to be prepared a report of the operations of the Prices Justification Tribunal during the period that commenced at the expiration of the last period in respect of which a report of the operations of that Tribunal was furnished to that Minister and ended immediately before the commencement of this Part and shall cause copies of the report to be laid before each House of the Parliament as soon as practicable after the report is prepared.
(1) The Minister for Business and Consumer Affairs shall, as soon as practicable after the commencement of this Part, cause to be transferred to the Petroleum Products Pricing Authority the records of the Prices Justification Tribunal that relate to the production or supply of petroleum products as defined in the
Petroleum Products Pricing Act 1981 or to services related to the production or supply of petroleum products as so defined.(2) The Minister for Business and Consumer Affairs shall, as soon as practicable after the commencement of this Part, cause to be transferred to the Australian Archives the records of the Prices Justification Tribunal other than the records referred to in subsection (1).
(1) Notwithstanding the repeals effected by section 231, the provisions of section 34A of the
Prices Justification Act 1973 as amended and in force immediately before the commencement of this Part continue to operate in relation to any person who, immediately before that commencement, was a person to whom that section applied.(2) Section 34A of the
Prices Justification Act 1973 as continued in operation by subsection (1) does not operate to prohibit:
(a) the transfer of records to the Petroleum Products Pricing Authority or the Australian Archives as required by section 233; or
(b) a person divulging or communicating any information or producing any document (being information or a document relating to the production or supply of petroleum products or to services relating to the production or supply of petroleum products) to:
(i) the Commissioner for Petroleum Products Pricing;
(ii) an associate Commissioner of the Petroleum Products Pricing Authority;
(iii) a consultant to the Petroleum Products Pricing Authority;
(iv) a member of the staff of the Petroleum Products Pricing Authority; or
(v) an officer of the Department of Administrative Services.
Where, at the expiration of the day immediately preceding the commencement of this Part, the repealed
Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time a member of the Prices Justification Tribunal, that Act continues, after the commencement of this Part, by force of this section, to apply in relation to that person as if the Acts repealed by section 231 had not been repealed but that person had immediately before the commencement of this Part resigned his office as a member of the Tribunal.
The
Preference to Australian Goods (Commonwealth Authorities) Act 1980 is in this Part referred to as the Principal Act.
The title of the Principal Act is amended by omitting “to give preference, in the procurement of goods for Commonwealth authorities, to goods of Australian origin or having an Australian content” and substituting “relating to the procurement of goods, works and services for the Commonwealth and Commonwealth authorities”.
Before section 1 of the Principal Act the following heading is inserted:
Sections 1 and 2 of the Principal Act are repealed and the following sections are substituted:
This Act may be cited as the
Procurement of Goods, Works and Services Act 1981 .
(1) This Part shall come into operation on the day on which the
Commonwealth Functions (Statutes Review) Act 1981 receives the Royal Assent.(2) The remaining Parts shall come into operation on such respective dates as are fixed by Proclamation.
Section 3 of the Principal Act is amended:
(a) by inserting in subsection (1), after the definition of
procurement , the following definition:
services includes:
(a) services of a professional nature; and
(b) the provision of facilities;
but does not include legal professional services, court reporting services or financing or underwriting services.; and
(b) by omitting subsection (2).
Section 4 of the Principal Act is repealed.
Before section 5 of the Principal Act the following Part, heading and section are inserted:
In this Part, unless the contrary intention appears:
Commonwealth authority means an authority or body (including a body corporate and a corporation sole) established for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or of the Australian Capital Territory, but does not include an intergovernmental body unless that body is prescribed for the purposes of this Part.
goods includes:
(a) ships, aircraft, vehicles, machinery and equipment;
(b) copyrights, patent rights, trademarks and other incorporeal property; and
(c) computer software.
procurement , in relation to goods, includes taking the goods on lease or hire.
(1) Subject to this section, after the commencement of this Part, the procurement of goods, works or services on behalf of the Commonwealth or a Commonwealth authority involving expenditure exceeding $10,000, or, if a higher amount is prescribed, that higher amount, shall be undertaken in accordance with arrangements approved by the Secretary to the Department of Administrative Services or approved by a person authorized in writing by him, and not otherwise.
(2) The Minister may, by instrument in writing under his hand, grant exemptions from the application of subsection (1), either absolutely or subject to conditions (not being conditions inconsistent with Part III or IV or with regulations in force under the
Audit Act 1901 ), and without limiting the generality of the foregoing, may grant exemptions by reference to one or more of the following:
(a) particular Departments of the Australian Public Service or particular Commonwealth authorities;
(b) particular activities of particular Departments of the Australian Public Service or of particular Commonwealth authorities;
(c) particular classes of goods, work or services;
(d) particular places;
(e) particular stages of procurement;
(f) particular amounts of expenditure;
(g) particular periods of time.
(3) Where a provision of a law constituting or establishing a Commonwealth authority requires the authority to obtain the consent or approval of the Minister administering that law before the authority enters into a contract, this section does not exempt the authority from the requirement.
Part III—Commonwealth authorities to invite tenders or quotations
This Part has effect subject to Part II.
Section 5 of the Principal Act is amended:
(a) by inserting “, works or services” after “goods” (wherever occurring); and
(b) by omitting “in such manner as is prescribed” from paragraph (2)(b) and substituting “as prescribed”.
Section 6 of the Principal Act is amended by inserting “, works or services” after “goods” in subsection (1).
Section 7 of the Principal Act is amended by inserting “, works or services” after “goods”.
After section 8 of the Principal Act the following heading is inserted:
Part IV—Preference to goods of Australian origin or having Australian content
Before section 9 of the Principal Act the following sections are inserted:
Where a specification of a requirement for goods for a Commonwealth authority includes related services, this Part applies in relation to those goods and related services as if a reference in this Part to goods were a reference to goods and related services.
(1) A Commonwealth authority, in preparing a specification of a requirement for goods for the authority, shall ensure that the specification is not drawn up so as to exclude goods of Australian origin or goods having an Australian content, being, in either case, goods that are suitable, or reasonably capable of being adapted, for meeting that requirement.
(2) The Minister may, by instrument in writing, issue guidelines to assist Commonwealth authorities to comply with subsection (1).
Section 9 of the Principal Act is amended:
(a) by omitting from subsection (1)“for the method of calculation”and substituting “for or in relation to the determination”; and
(b) by omitting from subsection (2) “Act” and substituting “Part”.
Section 10 of the Principal Act is amended by omitting from subsection (2) “Act” and substituting “Part”.
Section 13 of the Principal Act is amended by inserting “authority” after “Commonwealth” in paragraph (9)(c).
Section 16 of the Principal Act is amended by omitting from subsection (1) “may be published to such persons, and in such circumstances, as are prescribed” and substituting “may, and shall in such cases or classes of cases as are prescribed, be published as prescribed”.
Before section 17 of the Principal Act the following heading is inserted:
Section 17 of the Principal Act is amended by omitting “this Act” (wherever occurring) and substituting “Part III or IV”.
Section 19 of the Principal Act is amended by inserting “, works or services” after “goods”.
The
Remuneration Tribunals Act 1973 is in this Part referred to as the Principal Act.
Section 7 of the Principal Act is amended by inserting after subsection (12) the following subsection:
(12A) Where the same person holds each of two public offices on a full‑time basis:
(a) if the salary applicable to one of those offices is higher than the salary applicable to the other of those offices—he shall be remunerated only by the salary and annual allowance (if any) applicable to the office to which the higher salary is applicable; or
(b) if the same salary is applicable to each of those offices:
(i) where an annual allowance is applicable to one only of those offices—he shall be remunerated only by the salary and annual allowance applicable to that office;
(ii) if an annual allowance is applicable to each of those offices but the annual allowance applicable to one of those offices is higher than the annual allowance applicable to the other of those offices—he shall be remunerated only by the salary and annual allowance applicable to the office to which the higher annual allowance is applicable; or
(iii) if the same annual allowance is applicable to each of those offices—he shall be remunerated only by the salary and annual allowance applicable to one of those offices.
The
Transport Planning and Research (Financial Assistance) Act 1977 is in this Part referred to as the Principal Act.
Section 3 of the Principal Act is amended by omitting “or any succeeding year” from the definition of “year to which this Act applies” and substituting “or any of the next 3 succeeding years”.
The
States Grants (Urban Public Transport) Act 1978 is in this Part referred to as the Principal Act.
Section 3 of the Principal Act is amended:
(a) by omitting “and includes any amount allocated to the State under section 8 in respect of that year” from the definition of
maximum grant in subsection (1); and(b) by omitting “4” from the definition of
year to which this Act applies in subsection (1) and substituting “2”.
Section 7 of the Principal Act is amended by omitting subsection (2).
Section 8 of the Principal Act is repealed.
The Schedule to the Principal Act is amended by omitting:
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(1) If the operation of this Act results in the acquisition of property from a person, being an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution, the Commonwealth is liable to pay to that person such compensation as is determined by agreement between the Commonwealth and that person or, in the absence of agreement, by action brought by that person against the Commonwealth in the Supreme Court of a State or Territory.
(2) The Supreme Courts of the States have jurisdiction, and the Supreme Courts of the Territories have jurisdiction to the extent that the Constitution permits, with respect to matters arising under this section.
Section 117
Provision amended | Amendments |
Subsection 5(2) ........ | Omit “, the Authority”. |
Subsection 6(1) ........ | Omit the definition of |
Subsection 20(4) ...... | Before paragraph (a) insert the following paragraph:
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Paragraph 35(b) ....... | Omit “or of the Authority”. |
Part V ...................... | Repeal. |
Section 76 ............... | At the end of the section add the following subsection: (3) Where the Minister is satisfied that the retention by the Corporation of land or a building to which this Part applies is not necessary to the maintenance by the Corporation of a minimum wool storage capacity, the Minister may, by writing under his hand, direct the Corporation to dispose of, in such manner and on such terms and conditions as are specified in the instrument of direction, the property or rights of the Corporation in or in respect of the land or building and to apply the proceeds of the disposal in such manner as is so specified, and, where such a direction is given, the Corporation shall comply with the direction. |
Subsection 85(1) ...... | Omit “and of the Authority” (wherever occurring). |
Subsection 85(4) ...... | (a) Omit “and of the Authority”. (b) Omit “or by the Authority”. |
Subsection 87(1) ...... | Omit “and the Authority are”, substitute “is”. |
Subsection 87(1A) ... | Omit “and the Authority are”, substitute “is”. |
Subsection 87(2) ...... | (a) Omit “and by the Authority”. (b) Omit “or the Authority”. |
Section 89 ............... | Omit “or of the Authority” (wherever occurring). |
Subsection 90(5) ...... | Omit the subsection. |
Subsection 92(2) ...... |
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Section 149
Provision amended | Amendments |
Subsection 5(1) ........ |
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Subsection 5(2A) ..... | Omit the subsection. |
Subsections 5(8) and (9) ........................... | Omit the subsections, substitute: (8) A reference in this Act to the institution of a proceeding under Part V in respect of a determination shall be read as a reference to the making of an application to the Administrative Appeals Tribunal under section 63 for a review of the determination. |
Paragraph 7A(3)(a) .. |
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Paragraph 51(1)(b) ... | Omit “Compensation”. |
Paragraph 51(3)(b) ... | Omit “Compensation”. |
Paragraphs 61(1)(b)and (c) ........ | Omit the paragraphs, substitute:
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Subsection 61(3) ...... | Omit the subsection. |
Part V ...................... | Omit:
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substitute:
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Section 63 ............... | Repeal the section, substitute: |
(1) Where a determination by
the Commissioner is made under this Act, an application may be made to the
Administrative Appeals Tribunal for a review of the determination by or on
behalf of a party to the determination but, notwithstanding section 27
of the (2) The parties to a proceeding before the Tribunal for a review of a
determination shall be the person by or on behalf of whom the application for
the review was made and any other person who was a party to the determination
but, notwithstanding section 30 of the
(1) Subject to this section, the costs incurred by a party in relation to proceedings instituted before the Administrative Appeals Tribunal under this Part shall be borne by that party. (2) Where:
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the Administrative Appeals Tribunal may order that the costs of the proceedings before it incurred by that party, or a part of those costs, shall be paid by the Commonwealth. |
(3) Where the Administrative Appeals Tribunal gives a decision setting aside a determination of the Commissioner and remitting the case for re‑determination by the Commissioner, the Administrative Appeals Tribunal shall order that the costs of the proceedings before it incurred by parties to the determination other than the Commonwealth shall be paid by the Commonwealth. (4) Where:
the Tribunal shall order that those costs shall be paid by the Commonwealth. (5) Nothing in subsection (2), (3) or (4) authorized the Administrative Appeals Tribunal to order the Commonwealth to pay any costs incurred by a party in relation to an application for an extension of time for applying to the Tribunal for a review of a determination. (6) Where, in accordance with this section, the Administrative Appeals Tribunal orders the Commonwealth to pay costs incurred by a party to a determination, the Tribunal may, in the absence of agreement between the Commonwealth and that party as to the amount of the costs to be so paid, tax or settle the amount of the costs to be so paid or order that the costs be taxed by the Registrar or a Deputy Registrar of the Tribunal. (7) This section does not limit the operation of subsection (5) of section 20.
(1) This section has effect for the purposes of the application of the (2) Section 21 of the (3) Section 24 of the (4) Subsection (2) of section 29 of the (5) Section 29 of the (12) A person who applies to the Administrative Appeals Tribunal for a
review of a determination under the Compensation (6) Section 41 of the (7) Section 42A of the (2) If, in the case of a proceeding before the Tribunal in respect of an
application for the review of a determination under the (8) Section 43 of the (9) Section 67 of the | |
Divisions 2, 3, 4 and 5 of Part V .................. | Repeal the Divisions. |
Subparagraph 123(1)(a)(i) ............. | Add “and” at the end of the sub‑paragraph. |
Subparagraph 123(1)(a)(ii) ............ | Add “and” at the end of the sub‑paragraph. |
Subparagraphs 123(1)(a)(iii) and (iv) | Omit the sub‑paragraphs. |
Section 175
Provision amended | Amendments |
Subsection 4(1)............. |
(3) Omit the definition of
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Section 21 .................... |
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Section 22 .................... |
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Section 23A ................. |
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Section 26 .................... |
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Section 27 .................... |
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Paragraph 28(2)(a) ........ |
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Section 29 .................... |
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Section 30 .................... |
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Subsection 31(2) .......... |
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Section 32 .................... |
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Section 34 .................... |
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Section 35 .................... |
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Subsection 36(5) .......... |
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Section 37 .................... |
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Section 43 .................... |
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Section 43T.................. |
(2) Omit subsection (4). |
Section 43U ................. |
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Section 43V ................. |
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Section 43W ................ |
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Subsection 43X(2) ........ | Omit “Commissioner”, substitute “Secretary”. |
Section 43Y ................. |
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Section 52 .................... | Omit “Commissioner”, substitute “Secretary”. |
Section 53 .................... | Omit paragraph (a). |
First Schedule .............. | Repeal the Schedule. |
The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
74, 1981 | 18 June 1981 | Ss. 3, 4, 34–40, 89 and 90 [
Ss. 5–31: 24 July
1981 (
Ss. 32, 33, 69 and 70: 14
Dec 1981 (
Ss. 41–65, 67, 68, 71–75, 80–88 and 91–106: 18 Aug 1981 (
S. 66: 21 Aug 1981 (
Ss. 76–79: 5 June 1982
( Part III (ss. 107‑113): 1 July 1981
Ss. 122–147: 2 Nov 1981
(
Ss. 148–155: 1 July
1981 ( | ||
Ss. 156 and 157: 3 Dec 1981 (
Ss. 158–165, 169, 171 and 174–176: 10 Aug 1981 (
Ss. 166 and 170: 1 July 1983 (
Ss. 167 and 168: 14 June 1982 (
S. 172: [
S. 173: [
Part XIV (ss. 203–206) and Part XVIII (ss. 231–235): 26 June 1981 (
Ss. 212–218: 9 Dec 1981
(
Ss. 220–223: 1 Feb 1982
(
Ss. 225–228 and 230: Remainder: Royal Assent | ||||
176, 1981 | 2 Dec 1981 | Part X (ss. 36, 37): 2 Nov 1981 (
S. 68: 30 Dec 1981 | — | |
80, 1982 | 22 Sept 1982 | Part LXXVII (s. 280): Royal Assent | S. 280(2) and (3) | |
48, 1983 | 21 Sept 1983 | 21 Sept 1983 | — | |
10, 1984 | 10 Apr 1984 | S. 3: 1 July 1984 ( | S. 4(1) | |
165, 1984 | 25 Oct 1984 | S. 3: 22
Nov 1984 | S. 6(1) | |
16, 1990 | 17 Jan 1990 | S. 29(1): Royal Assent | — |
(5) Section 225 shall come into operation on the day on which subsection 5(2) of the
Navigation Amendment Act 1980 comes into operation.(6) Sections 226, 227 and 230 shall come into operation on the day on which section 18 of the
Navigation Amendment Act 1980 comes into operation.(7) Section 228 shall come into operation on the day on which sections 61 and 62 of the
Navigation Amendment Act 1980 come into operation.Sections 5(2), 18, 61 and 62 of the
Navigation Amendment Act 1980 were repealed by section 25 of theTransport Legislation Amendment Act 1988 before a date was fixed for the commencement of sections 225–228 and 230.
(b) TheCommonwealth Functions(Statutes Review) Act 1981 was amended by Part X (sections 36 and 37) and section 68 only of theStatute Law (Miscellaneous Amendments) Act 1981 , subsections 2(6) and 2(12) of which provide as follows:
(6) Part X shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of subsection 125(1) of the
Commonwealth Functions (Statutes Review) Act 1981 .(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(c) TheCommonwealth Functions (Statutes Review) Act 1981 was amended by Part LXXVII (section 280) only of theStatute Law (Miscellaneous Amendments) Act (No. 2) 1982 , subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.
(d) TheCommonwealth Functions (Statutes Review) Act 1981 was amended by section 3 only of theAustralian Government Solicitor (Consequential Amendments) Act 1984 , subsection 2(1) of which provides as follows:
(1) Subject to subsection (2), this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 7 of the
Judiciary Amendment Act (No. 2) 1984 comes into operation.
(e) TheCommonwealth Functions (Statutes Review) Act 1981 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 2) 1984 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(f) TheCommonwealth Functions (Statutes Review) Act 1981 was amended by subsection 29(1) only of thePrimary Industries and Energy Legislation Amendment Act (No. 3) 1989 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
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Provision affected | How affected |
S. 16..................................... | am. No. 10, 1984 |
S. 30..................................... | am. No. 10, 1984 |
S. 44..................................... | am. No. 176, 1981 |
S. 87..................................... | am. No. 176, 1981 |
Part IV ................................. | rep. No. 16, 1990 |
Ss. 114, 115......................... | rep. No. 16, 1990 |
S. 116................................... | am. No. 165, 1984 |
rep. No. 16, 1990 | |
Ss. 117–121......................... | rep. No. 16, 1990 |
S. 125................................... | am. No. 176, 1981 |
Part XIII................................ | rep. No. 48, 1983 |
Ss. 188, 189......................... | am. No. 80, 1982 |
rep. No. 48, 1983 | |
Ss. 190–193......................... | rep. No. 48, 1983 |
S. 194................................... | am. No. 80, 1982 |
rep. No. 48, 1983 | |
Ss. 195–202......................... | rep. No. 48, 1983 |
S. 234................................... | am. No. 80, 1982 |
Subsections 2(3), (4) and (10) provide as follows:
(3) Section 172 shall come into operation on the day on which section 44 of the
Commonwealth Teaching Service Act 1972 comes into operation.(4) Section 173 shall come into operation on the day on which section 46 of the
Commonwealth Teaching Service Act 1972 comes into operation.(10) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.
As at 18 September 2001 no date had been fixed for the commencement of Divisions 1, 2, 6, 15 and 16 (sections 3, 4, 34–40, 89 and 90) of Part II, and sections 172 and 173.
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