Migration (Criteria and General) Regulations (Amendment) (Cth)

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Statutory Rules 1989 No. 4141

——————

Migration (Criteria and General) Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Migration Act 1958.

Dated 21 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

CLYDE HOLDING

Minister of State for the Arts, Tourism, and Territories for and on behalf of the

Minister of State for Immigration, Local Government and Ethnic Affairs

—————

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Migration (Criteria and General) Regulations.

Citation

2. Regulation 1 of the Principal Regulations is amended by omitting “Migration (Criteria and General) Regulations” and substituting “Migration Regulations”.

Interpretation

3. Regulation 2 of the Principal Regulations is amended by inserting in subregulation (1) the following definitions:

“‘Commissioner’ means a Commissioner appointed under section 57 of the Act;

‘overseas passenger’ means:

(a) in relation to a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight—a passenger on board the vessel:

(i) who was on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage or flight; and

(ii) whose journey in the vessel ends in Australia; or

(b) in relation to a vessel leaving a port in Australia and bound for or calling at a place outside Australia—a passenger on board the vessel:

(i) who joined the vessel at a port in Australia; and

(ii) who intends to journey in the vessel to or beyond that place outside Australia;

‘overseas voyage’ or ‘overseas flight’, in relation to a vessel, means a voyage or flight that commenced at, or during which the vessel called at, a place outside Australia;

‘passenger card’ means a card approved by the Minister for the purpose of facilitating the provision by a person of information relating to the person or to another person, being information required for purposes relating to entry to or departure from Australia;”.

4. After regulation 148aof the Principal Regulations the following regulations and Parts are inserted:

Provision by master of information regarding passengers

“148. (1) Where:

(a) a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight carries overseas passengers; and

(b) the master of the vessel has not been required under this subregulation to provide a list of passengers in respect of the voyage or flight;

the master must, on the request of an officer, provide to the officer a list of all the overseas passengers on board setting out, to the best of the master’s knowledge and belief, in respect of each passenger:

(c) the name of the passenger; and

(d) the intended address in Australia of the passenger; and

(e) the place in Australia at which the passenger’s journey in the vessel ends; and

(f) the citizenship of the passenger.

“(2) Where a list of passengers on a vessel is provided under subregulation (1), the medical officer of the vessel or, if there is no medical officer of the vessel, the master of the vessel must provide with the list a certificate signed by him or her:

(a) certifying that, in his or her opinion, none of the passengers on the list, with the exception of the passengers, if any, whose names are set out in the certificate, is suffering from a prescribed disease or a prescribed physical or mental condition; and

(b) where passengers are named in the certificate as being excepted from the certificate—setting out opposite to the name of each of the passengers so excepted the nature of the disease or physical or mental condition from which the passenger is, in the opinion of the medical officer or the master, suffering;

together with a number of copies of the certificate equal to the number of copies of the list required to be provided under subregulation (7).

“(3) Where a vessel arriving at a port in Australia in the course of, or at the conclusion of, an overseas voyage or an overseas flight carries overseas passengers whose journey in the vessel ends at that port, the master of the vessel must, on the request of an officer, provide to the officer a list of those passengers setting out, to the best of the master’s knowledge and belief, in respect of each passenger, such of the following particulars as the officer specifies:

(a) the name of the passenger;

(b) the intended address in Australia of the passenger;

(c) the citizenship of the passenger.

“(4) Where:

(a) a vessel arriving at a port in Australia in the course of an overseas voyage or an overseas flight carries passengers:

(i) who were on board the vessel when it left a place outside Australia at the commencement of, or during the course of, the voyage or flight; and

(ii) who intend to journey in the vessel beyond Australia; and

(b) the master of the vessel has not been required under this subregulation to provide a list of passengers in respect of the voyage or flight;

the master must, on the request of an officer, provide to the officer a list of all the passengers referred to in paragraph (a) setting out, to the best of the master’s knowledge and belief, in respect of each passenger:

(c) the name of the passenger; and

(d) the citizenship of the passenger; and

(e) the number, and place of issue, of the passport held by the passenger.

“(5) Where overseas passengers on board a vessel leaving a port in Australia and bound for, or calling at, a place outside Australia have joined the vessel at that port, the master of the vessel must, on the request of an officer, provide to the officer a list of those passengers setting out, to the best of the master’s knowledge and belief, in respect of each passenger:

(a) the name of the passenger; and

(b) the place where the passenger’s journey in the vessel ends.

“(6) An officer who requests the master of a vessel to provide a list referred to in subregulation (1), (3), (4) or (5) may, when making the request, require that a specified number (not exceeding 6) of copies of the list be provided with the list, and, if the officer so requires, the master must provide the specified number of copies accordingly.

“(7) This regulation does not apply in relation to a vessel of the regular armed forces of a Government recognised by the Commonwealth.

Provision by master of information regarding crew

“149. (1) The master of a vessel, other than a vessel of the regular armed forces of a Government recognised by the Commonwealth, which enters Australia from overseas must, if required by an officer at a port:

(a) give to the officer a list signed by the master showing the number and names of the crew, and the citizenship of each member of the crew; and

(b) in the case of the master of a ship, produce to the officer the ship’s articles.

“(2) The master of a vessel referred to in subregulation (1), being a ship, must, if required by an officer at the first port of entry of the ship, give to the officer a list signed by the master showing the name and citizenship of every person on board who is not a genuine passenger or a member of the crew whose name appears on the ship’s articles as a member of the crew for discharge at a port outside Australia.

Production of deportee

“150. Where a person has been placed on board a vessel for the purpose of deportation from Australia under an order made by the Minister under the Act, an officer may, at any time before the vessel’s departure from its last port of call in Australia, require the master to produce the deportee to the officer, and the master must not, without reasonable excuse, fail to comply with the requirement.

Offences by master of vessel

“151. The master of a vessel must not:

(a) refuse or neglect to afford all reasonable facilities to an officer for the performance of his or her duties; or

(b) deliver to an officer, pursuant to these Regulations, a list or statement that is incorrect in a material particular.

“PART 5—PROCEDURE OF COMMISSIONERS AND PRESCRIBED AUTHORITIES

Power of Commissioner to send for witnesses and documents

“152. A Commissioner appointed under section 57 of the Act may, by writing signed by the Commissioner, summon any person to attend before the Commissioner at a time and place specified in the summons and to give

evidence and to produce any books or documents in his or her custody or control which he or she is required by the summons to produce.

Duty of witness to continue in attendance

“153. A person who has been summoned to attend before a Commissioner as a witness must appear and report from day to day, unless excused by the Commissioner.

Arrest of witness failing to appear

“154. (1) If a person who has been summoned to attend before a Commissioner fails to attend before the Commissioner as required by the summons or to appear and report in accordance with regulation 153, the Commissioner may, on being satisfied that the summons has been duly served and that reasonable expenses have been paid or tendered to the person, issue a warrant for his or her arrest.

“(2) A warrant so issued authorises the arrest of the person and his or her being brought before the Commissioner and the detention of the person in custody for the purposes specified in the warrant until the person is released by order of the Commissioner.

“(3) A warrant so issued may be executed by a member of the police force of the Commonwealth or of a State or Territory or by any person to whom it is addressed, and the person executing it has power to break and enter any place, building or vessel for the purpose of executing the warrant.

“(4) The arrest of a person under this regulation does not relieve that person from any liability incurred by the person because of the failure of that person to attend before the Commissioner.

Witnesses’ fees

“155. (1) A person who attends to give evidence before a Commissioner is, in respect of that attendance, to be paid such fees and travelling expenses as the Commissioner thinks fit to allow in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969.

“(2) The fees and travelling expenses are payable:

(a) in the case of a witness summoned at the request of the person to whom the investigation relates—by that person; and

(b) in any other case—by the Commonwealth.

Power to examine on oath or affirmation

“156. (1) A Commissioner may administer an oath to a person appearing as a witness before the Commissioner, whether the witness has been summoned or appears without being summoned, and may examine the witness on oath.

“(2) Where a witness conscientiously objects to take an oath, the witness may make an affirmation that he or she conscientiously objects to take an

oath and that he or she will state the truth, the whole truth, and nothing but the truth to all questions the witness is asked.

“(3) An affirmation so made is of the same force and effect, and entails the same liabilities, as an oath.

Offences by witnesses

“157. A person summoned to attend before a Commissioner as a witness must not:

(a) without reasonable cause fail to attend, after payment or tender to the person of a reasonable sum for expenses of attendance; or

(b) refuse to be sworn or to make an affirmation as a witness, or to answer any question when required to do so by the Commissioner; or

(c) without reasonable cause, refuse or fail to produce a book or document which the person was required by the summons to produce.

Statements of witness not admissible in evidence against the witness

“158. (1) A statement or disclosure made by a witness in answer to a question put to the witness during an investigation by a Commissioner is not (except in proceedings in respect of a false answer) admissible in evidence against the witness in any civil or criminal proceedings.

“(2) Where the person to whom an investigation relates gives evidence before the Commissioner, subregulation (1) does not affect the admissibility of any statement or disclosure made by that person as evidence against that person in proceedings relating to the deportation of the person.

Representation by counsel etc.

“159. (1) In an investigation before a Commissioner, the person summoned to appear and the Minister are each entitled to be represented by a barrister or solicitor or by an agent approved by the Commissioner.

“(2) A barrister, solicitor or agent appearing before a Commissioner may examine or cross-examine witnesses and address the Commissioner.

Offences in relation to Commissioners

“160. A person must not:

(a) wilfully insult or disturb a Commissioner when exercising powers and functions under the Act; or

(b) interrupt the proceedings of a Commissioner; or

(c) use insulting language towards a Commissioner; or

(d) by writing or speech use words calculated:

(i) to influence improperly a Commissioner or a witness before a Commissioner; or

(ii) to bring a Commissioner into disrepute.

Protection of Commissioners, barristers and witnesses

“161. (1) A Commissioner has, in the performance of his or her duty as a Commissioner, the same protection and immunity as a Justice of the High Court.

“(2) A barrister, solicitor or approved agent appearing before a Commissioner has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

“(3) A witness summoned to attend or appearing before a Commissioner has the same protection as a witness in proceedings in the High Court.

Procedure of prescribed authorities

“162. The provisions of this Part apply to and in relation to prescribed authorities referred to in section 95 of the Act and proceedings before those prescribed authorities under section 92 or 93 of the Act in like manner as they apply to and in relation to Commissioners and proceedings before Commissioners and as if references in those provisions to a Commissioner were references to a prescribed authority.

“PART 6—ASSURANCES OF SUPPORT

Interpretation

“163. (1) For the purposes of this Part, the support of a person includes:

(a) accommodation of that person; and

(b) surgical or dental treatment of that person; and

(c) an allowance for the support of that person paid to or in respect of that person, including:

(i) an unemployment benefit payable under section 116 of the Social Security Act 1947; and

(ii) a special benefit payable under Division 6 of Part XIII of that Act;

but not including any other pension, allowance or benefit payable under that Act.

“(2) Where support consists of the provision of accommodation, goods or services for which a charge is payable, the value of the support is to be deemed, for the purposes of this Part, to be equal to the charge so payable.

Form and duration of assurance of support

“164. An assurance of support shall be given in such form and for such period as the Minister determines.

Effect of assurance of support

“165. (1) Where, during the period for which an assurance of support under this Part has been given in respect of a person, support of that person has been provided by the Commonwealth, a State, or a public or charitable

institution, or the funds of the Commonwealth, a State or such an institution have been otherwise expended, either directly or indirectly, in respect of the support of that person, an amount equal to the value of the support provided or the funds so expended (less any amount paid in respect of the support by or on behalf of that person) is a debt due and payable to the Commonwealth, the State or the person or body conducting the institution, as the case may be, by the person who gave the assurance of support.

“(2) A debt due and payable under subregulation (1) may be sued for and recovered in a court of competent jurisdiction by the Commonwealth, the State or the person or body conducting the institution, as the case may be, or by a person authorised by the Commonwealth, the State or that person or body, as the case may be, to sue for and recover such a debt.

Existing maintenance guarantees

“166. (1) Subject to this regulation, the provisions of regulation 165 apply in relation to maintenance guarantees given before the commencement of these Regulations in accordance with regulations that were in force under any of the Acts repealed by the Act as if those maintenance guarantees were assurances of support.

“(2) In spite of anything contained in a maintenance guarantee, or in regulations, referred to in subregulation (1), an amount paid by the Commonwealth by way of an age, invalid or widow’s pension or of an unemployment, sickness or rehabilitation benefit or allowance to or in respect of the person in relation to whom the maintenance guarantee was given is not recoverable by the Commonwealth.

“(3) Nothing in subregulation (1) authorises the recovery under a maintenance guarantee of an amount expended in the provision of accommodation for the person in relation to whom the maintenance guarantee was given.

“PART 7—MIGRANT CENTRES

Control of migrant centres

“167. (1) There is to be a Director of each migrant centre maintained under section 112 of the Act.

“(2) Subject to the directions of the Secretary, the Director of a migrant centre has the management and control of the migrant centre on behalf of the Commonwealth and may, in particular:

(a) admit persons to the migrant centre; and

(b) direct a person not to enter the migrant centre; and

(c) direct a person to leave the migrant centre; and

(d) give such directions to a person with respect to the person’s conduct in the migrant centre as are, in the opinion of the Director, necessary for the maintenance of order and health, the protection and

preservation of property and the comfort of persons accommodated in the migrant centre.

“(3) A direction under this regulation may be given orally or in writing.

“(4) A person must not refuse or fail to comply with a direction given to him or her under this regulation.

“(5) A member of the police force of the Commonwealth or of a State or Territory may, at the request of the Director of a migrant centre, remove a person from the migrant centre or prevent a person from entering the migrant centre.

Canteen services in migrant centres

“168. (1) The Minister may cause to be established and operated at a migrant centre maintained under section 112 of the Act a canteen service for the supply of goods and refreshments to, and the entertainment and recreation of, persons from time to time accommodated at or employed in the migrant centre.

“(2) The Minister may make arrangements for the establishment and operation of a canteen service by the Australian Services Canteens Organisation Board of Management constituted by the Australian Services Canteens Organisation Regulations.

“(3) It is not necessary, under or by reason of any law of a State, to obtain or have any licence or permission for:

(a) keeping intoxicating liquor; or

(b) supplying intoxicating liquor, by way of sale or otherwise, to persons accommodated at or employed in a migrant centre; or

(c) supplying intoxicating liquor, at the expense of persons accommodated at or employed in a migrant centre, to their guests; or

(d) permitting the consumption of intoxicating liquor;

at a canteen operated under these Regulations, or at premises at a migrant centre used by a club conducted with the approval of the Director of the migrant centre and consisting of persons accommodated at, or employed in, the migrant centre, where the keeping, supplying or permitting takes place in the course of the operations of the canteen, or of the club, as the case may be.”

5. After regulation 178 of the Principal Regulations the following regulation is inserted:

Infringement notice and prescribed penalty

“179. (1) In this regulation, a reference to a prescribed offence is a reference to an offence against section 76 of the Act.

“(2) Where the Secretary, or an officer authorised in writing by the Secretary for the purposes of this provision, believes on reasonable grounds

that a person has committed a prescribed offence, the Secretary or authorised officer may cause to be served on the person an infringement notice in accordance with this regulation.

“(3) An infringement notice must:

(a) state the name of the person who caused the notice to be served; and

(b) specify the day on which and the place at which the prescribed offence is alleged to have been committed; and

(c) give brief particulars of the alleged prescribed offence; and

(d) contain a notification to the person on whom it is served that, if that person does not wish the matter to be dealt with by a court, he or she may pay the amount of the prescribed penalty in relation to that prescribed offence, being the amount specified in the notice, within the period of 28 days after the day of the notice unless the notice is withdrawn before the end of that period; and

(e) specify the place at which, and the manner in which, the prescribed penalty may be paid; and

(f) contain a statement setting out the procedures under this regulation relating to the withdrawal of notices and the consequences of the withdrawal of a notice;

and may contain such other particulars, if any, as the Secretary or authorised officer considers necessary.

“(4) Where an infringement notice has been served on a person, the Secretary or an officer authorised in writing by the Secretary for the purposes of this provision may, at any time before the end of the period of 28 days after the day of the notice, by notice in writing served on the person in accordance with these Regulations, withdraw the infringement notice.

“(5) Where an infringement notice has been served on a person and before:

(a) the end of the period of 28 days after the day of the notice or such further period (exceeding 28 days) as the Secretary or an officer authorised in writing by the Secretary for the purposes of this provision, whether before or after the end of the first-mentioned period, allows; or

(b) the notice is withdrawn;

whichever first occurs, the amount of the prescribed penalty in relation to the alleged prescribed offence is paid in accordance with the notice:

(c) any liability of the person in respect of the alleged prescribed offence shall be deemed to be discharged; and

(d) no further proceedings shall be taken in respect of the alleged prescribed offence; and

(e) the person is not to be regarded as having been convicted of the alleged prescribed offence.

“(6) Where:

(a) an infringement notice has been served on a person; and

(b) the person has paid the prescribed penalty in relation to the alleged prescribed offence in accordance with the notice; and

(c) the notice is subsequently withdrawn;

the Secretary, or an officer authorised in writing by the Secretary for the purposes of this provision, is to arrange for the refund to the person of an amount equal to the amount of the prescribed penalty so paid by the person.

“(7) At the hearing of a prosecution for a prescribed offence in respect of which an infringement notice has been served, a certificate signed by the Secretary or an officer authorised for the purposes of subregulation (5) and stating:

(a) that the Secretary or an officer authorised for the purposes of that subregulation:

(i) did not allow a further period; or

(ii) allowed the further period specified in the certificate;

for the purpose of paragraph (5) (a), for the payment of the prescribed penalty in relation to the prescribed offence; or

(b) that the prescribed penalty in relation to the prescribed offence was not paid in accordance with the notice within the period of 28 days after the day of the notice or within any further period allowed for the purpose of paragraph (5) (a); or

(c) that the infringement notice was withdrawn on a day specified in the certificate;

is evidence of the matters so stated.

“(8) A document that purports to have been signed for the purposes of this regulation by the Secretary or an officer authorised for the purposes of any provision of this regulation is to be taken to have been so signed unless the contrary is proved.

“(9) Where the amount of a prescribed penalty is paid by cheque, payment is to be deemed not to be made unless and until the cheque is honoured upon presentation.

“(10) Nothing in this regulation is to be construed as requiring the service of an infringement notice under this regulation or as affecting the institution or prosecution of proceedings, or as limiting the amount of the fine that may be imposed by a court, in respect of an alleged prescribed offence in relation to which:

(a) an infringement notice has not been served; or

(b) an infringement notice has been served and withdrawn in accordance With this regulation.

“(11) For the purposes of this regulation and paragraph 181 (1) (h) of the Act, the prescribed penalty is $1,000.”.

6. After regulation 180 of the Principal Regulations the following regulation is inserted:

Offences

“181. A person must not contravene or fail to comply with a provision of these Regulations that is applicable to that person.

Penalty: $100 or imprisonment for 3 months.”.

Formal amendments—renumbering

7. The Principal Regulations are amended as set out in the Schedule.

——————

SCHEDULE Regulation 7

FORMAL AMENDMENTS—RENUMBERING

Provision amended

Omit

Substitute

Table of Provisions

regulation 14

paragraph 11e (3) (a)

paragraph 24 (3) (a)

regulation 37a

section 11a

section 20

regulation 38

section 11zd

section 47

regulation 39

subsection 11zd (7)

subsection 47 (7)

regulation 40

paragraphs 11s (1) (a) and 11t (2) (a)

paragraphs 36 (1) (a) and 37 (2) (a)

regulation 172

subsection 21d (6)

subsection 68 (6)

regulation 175

Section 11a

Section 20

regulation 176

subparagraph 11a (1) (d) (i)

subparagraph 20 (1) (d) (i)

regulation 177

subparagraph 11a (1) (d) (vi)

subparagraph 20 (1) (d) (vi)

regulation 178

subsection 17a (2)

subsection 59 (2)

regulation 179

subsections 18 (1) and 31a (1)

subsections 60 (1) and 82 (1)

regulation 180

subsection 20 (1)

subsection 63 (1)

regulation 181

subsections 21d (14) and 37 (4)

subsections 68 (14) and 90 (4)

regulation 182

subsection 60 (2)

subsection 114 (2)

Schedule 7 (heading)

SUBSECTIONS 11a (3a) AND (4)

SUBSECTIONS 20 (4) AND (5)

Subregulation 2 (1)

subsection 5 (1)

subsection 4 (1)

definition of “Australian permanent resident”

definition of “internal review”

section 61

section 115

definition of “points system”

(a) Subdivision B of Division 1a of Part II

Subdivision B of Division 2 of Part 2

(b) section 11x

section 41

Paragraph 3 (a)

(a) subsection 11zd (3)

subsection 47 (3)

(b) section 11zd

section 47

Sub-subparagraph

subparagraph

subparagraph 20 (1) (d) (vi)

4 (1) (a) (ii) (E)

11a (1) (d) (vi)

Regulation 10

subsection 11d (2)

subsection 23 (2)

SCHEDULE—continued

Provision amended

Omit

Substitute

Regulation 13

section 11e

section 24

Heading to regulation 14

paragraph 11e (3) (a)

paragraph 24 (3) (a)

Paragraph 14 (b)

subparagraph

subparagraph 24 (3) (a) (ii)

11e (3) (a) (ii)

Subregulation 17 (1)

(a) subsection 11d (4)

subsection 23 (4)

(b) section 11zd (wherever occurring)

section 47

Paragraph 20 (1) (a)

subsection 11m (3)

subsection 31 (3)

Paragraph 20 (1) (b)

section 11n (2)

subsection 32 (2)

Subregulation 21 (1)

paragraph 11p (2) (a)

paragraph 33 (2) (a)

Subregulation 24 (1)

section 11q

section 34

Paragraph 25 (1) (a)

section 38 or section 39

section 92 or 93

Subregulation 28 (1)

subsection 11p (4)

subsection 33 (4)

Subregulation 30 (1)

subsection 11zh (2)

subsection 51 (2)

Regulation 31

subsection 11zj (2)

subsection 52 (2)

Regulation 37

subsection 5 (1)

subsection 4 (1)

Heading to regulation 37a

section 11a

section 20

Regulation 37a

(a) subsections 11a (3a) and (4)

subsections 20 (4) and (5)

(b) subsection (3a)

sub-section (4)

(c) subsection (4)

subsection (5)

(d) section 11a (wherever occurring)

section 20

Heading to regulation 38

section 11zd

section 47

Subregulation 38 (1)

section 11zd

section 47

Heading to regulation 39

subsection 11zd (7)

subsection 47 (7)

Regulation 39

subsection 11zd (7)

subsection 47 (7)

Heading to regulation 40

paragraphs 11s (1) (a) and 11t (2) (a)

paragraphs 36 (1) (a) and 37 (2) (a)

Subregulation 40 (1)

paragraphs 11s (1) (a) and 11t (2) (a)

paragraphs 36 (1) (a) and 37 (2) (a)

Subregulation 40 (2)

paragraph 11t (2) (a)

paragraph 37 (2) (a)

Subregulation 41 (1)

section 11j

section 28

Subregulation 42 (1)

sections 11w and 11zb

sections 40 and 45

Subregulation 42 (3)

section 11a

section 20

Subregulation 42 (3)

subsection 11a (1) or (2)

subsection 20 (1) or (2)

Paragraph 53 (a)

subsection 5 (1) (wherever occurring)

subsection 4 (1)

Paragraph 115 (1) (c)

section 11zd (wherever occurring)

section 47

Paragraph 116 (b)

section 11zd

section 47

Paragraph 118 (b)

section 11zd

section 47

Paragraph 119 (b)

section 11zd

section 47

Paragraph 128 (2) (a)

section 11zd

section 47

Subparagraph 131 (b) (i)

section 11zd

section 47

Paragraph 135 (d)

subsection 11zd (1)

subsection 47 (1)

Paragraph 136 (d)

subsection 11zd (1)

subsection 47 (1)

Paragraph 137 (d)

subsection 11zd (1)

subsection 47 (1)

Paragraph 138 (a)

subsection 11zd (1)

subsection 47 (1)

Paragraph 139 (1) (a)

subsection 11zd (1)

subsection 47 (1)

Paragraph 139(1) (b)

section 11zd

section 47

Paragraph 140 (1) (a)

subsection 11zd (1)

subsection 47 (1)

Paragraph 141 (1) (a)

subsection 11zd (1)

subsection 47 (1)

Paragraph 142 (a)

subsection 11zd (1)

subsection 47 (1)

SCHEDULE—continued

Provision amended

Omit

Substitute

Subregulation 145 (1)

subsections 11l (1) and 11x (2)

subsections 30 (1) and 41 (2)

Subregulation 145 (3)

subsection 11l (1) or 11x (2)

subsection 30 (1) or 41 (2)

Regulation 146

sections 11l and 11x

sections 30 and 41

Regulation 147

sections 11l and 11x

sections 30 and 41

Paragraph 148aa (1) (b)

subsection 67 (2b)

subsection 181 (5)

Heading to regulation 172

subsection 21d (6)

subsection 68 (6)

Regulation 172

subsection 21d (2)

subsection 68 (2)

Regulation 175

subsection 11a (3)

subsection 20 (3)

Heading to regulation 176

subparagraph 11a (1) (d) (i)

subparagraph 20 (1) (d) (i)

Regulation 176

subparagraph 11a (1) (d) (i)

subparagraph 20 (1) (d) (i)

Heading to regulation 177

subparagraph 11a (1) (d) (vi)

subparagraph 20 (1) (d) (vi)

Regulation 177

subparagraph 11a (1) (d) (vi)

subparagraph 20 (1) (d) (vi)

Paragraph 177 (b)

section 11a

section 20

Heading to regulation 178

subsection 17a (2)

subsection 59 (2)

Regulation 178

subsection 17a (2)

subsection 59 (2)

Paragraph 178 (e)

section 38 or 39

section 92 or 93

Heading to regulation 179

subsections 18 (1) and 31a (1)

subsections 60 (1) and 82 (1)

Regulation 179

subsections 18 (1) and 31a (1)

subsections 60 (1) and 82 (1)

Paragraph 179 (f)

section 38 or 39

section 92 or 93

Heading to regulation 180

subsection 20 (1)

subsection 63 (1)

Regulation 180

subsection 20 (1)

subsection 63 (1)

Paragraph 180 (a)

paragraph 11s (1) (a) or 11t (2) (a)

paragraph 36 (1) (a) or 37 (2) (a)

Heading to regulation 181

subsections 21d (14) and 37 (4)

subsections 68 (14) and 90 (4)

Subregulation 181 (1)

subsection 21d (14)

subsection 68 (14)

Subregulation 181 (2)

subsection 37 (4)

subsection 90 (4)

Heading to regulation 182

subsection 60 (2)

subsection 114 (2)

Regulation 182

subsection 60 (2)

subsection 114 (2)

Subregulation 194 (2)

(a) section 11s (wherever occurring)

section 36

(b) section 11t (wherever occurring)

section 37

paragraph 36 (1) (a)

(c) paragraph 11s (1) (a)

Schedule 1

item 8

Subdivision B of Division 1a of Part 2

Subdivision B of Division 2 of Part 2

Schedule 5

item 1

paragraph 11d (4) (a) and 11p (4) (a)

paragraphs 23 (4) (a) and 33 (4) (a)

item 2

paragraphs 11d (4) (b) and 11p (4) (b)

paragraphs 23 (4) (b) and 33 (4) (b)

Schedule 6

heading to Form 1

SECTION 11a

SECTION 20

SCHEDULE—continued

Provision amended

Omit

Substitute

Form 1

(a) subsection 11a (1) (wherever occurring)

subsection 20 (1)

(b) Subsection 11a (1)

Subsection 20 (1)

(c) SUBSECTION 11a (1) OR (2)

SUBSECTION 20 (1) OR (2)

(d) subsection 11a (2) (wherever occurring)

subsection 20 (2)

(e) subsection 11a (2)

Subsection 20 (2)

(f) subsection 11a (3)

subsection 20 (3)

Form 3

section 21d

section 68

Heading to Form 4

SUBSECTION 60 (2)

SUBSECTION 114(2)

Form 4

subsection 60 (3)

subsection 114 (3)

Schedule 7

the heading

SUBSECTIONS 11a (3a) AND (4)

SUBSECTIONS 20 (4) AND (5)

heading to Column 2

section 11a

section 20

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1989 No. 365.

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