Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 (Cth)

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Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

  

No. 26 of 1982

  

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE ACTS INTERPRETATION ACT 1901

3. Principal Act

4. Regulations

PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

5. Principal Act

6. Interpretation

7. Establishment of Tribunal

8. Repeal of section 6 and substitution of new section—

6. Appointment of members of Tribunal

9. Qualifications for appointment

10. Repeal of section 8 and substitution of new section—

8. Term of appointment

11. Repeal of section 9 and substitution of new section—

9. Remuneration and allowances

12. Acting appointments

13. Delegation

14. Insertion of new section—

10b. Oath or affirmation of office

TABLE OF PROVISIONS—continued

Section

15. Repeal of section 11 and substitution of new section—

11. Outside employment

16. Removal from office

17. Constitution of Tribunal for exercise of powers

18. Reconstitution of Tribunal in certain cases

19. Member presiding

20. Tribunal may review certain decisions

21. Tribunal may review decisions as provided by Schedule 1

22. Person affected by decision may obtain reasons for decision

23. Manner of applying for review

24. Parties to proceeding before Tribunal

25. Insertion of new section—

30a. Intervention by Attorney-General

26. Procedure of Tribunal

27. Conferences

28. Hearings to be in public except in special circumstances

29. Certain documents and information not required to be disclosed

30. Certain questions not required to be answered

31. Lodging of material documents with Tribunal

32. Operation and implementation of a decision that is subject to review

33. Review by Tribunal

34. Return of documents, &c., at completion of proceeding

35. Sending of documents to, and disclosure of documents by, the Federal Court of Australia

36. Insertion of new section—

62a. False or misleading evidence

37. Amendments with respect to Schedule

38. Schedule 2

39. Transitional provision with respect to existing members

40. References to members in other enactments

PART IV—AMENDMENTS OF THE AGED PERSONS HOSTELS ACT 1972

41. Principal Act

42. Title

43. Short title

44. Interpretation

45. Approval of hostels

46. Amounts of grants

47. Grants for furnishings

48. Transfer of rights in respect of persons

49. Terms and conditions of grants

50. Period of operation

51. Further grants under Aged or Disabled Persons Homes Act

PART V—AMENDMENTS OF THE ASHMORE AND CARTIER ISLANDS ACCEPTANCE ACT 1933

52. Principal Act

53. Tabling of Ordinances

PART VI—AMENDMENTS OF THE AUDIT ACT 1901

54. Principal Act

55. Commonwealth Public Account

56. Delegation by Minister

PART VII—AMENDMENTS OF THE AUSTRALIAN ANTARCTIC TERRITORY ACT 1954

57. Principal Act

58. Tabling of Ordinances in Parliament

TABLE OF PROVISIONScontinued

Section

PART VIII—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933

59. Principal Act

60. Interpretation

61. Establishment of Supreme Court

62. Appointment and tenure of Judges

63. Acting Chief Justice

64. Arrangement of business of Court

65. Salary and allowances of Judges

66. Oath of allegiance and office by Judge

67. Rules of Court

68. Seal

69. Transitional provisions

PART IX—AMENDMENT OF THE AUSTRALIAN SHIPPING COMMISSION ACT 1956

70. Principal Act

71. Schedule

PART X—AMENDMENTS OF CERTAIN BOUNTY ACTS

72. Amendments of certain Bounty Acts

PART XI—AMENDMENTS OF THE CENSUS AND STATISTICS AMENDMENT ACT (No. 2) 1981

73. Principal Act

74. Statistics

75. Australian Statistician

PART XII—AMENDMENTS OF THE CHRISTMAS ISLAND ACT 1958

76. Principal Act

77. Tabling of Ordinances in Parliament

PART XIII—AMENDMENTS OF THE COCOS (KEELING) ISLANDS ACT 1955

78. Principal Act

79. Laying of Ordinances before the Parliament

PART XIV—AMENDMENTS OF THE COMMONWEALTH TEACHING SERVICE ACT 1972

80. Principal Act

81. Officers

82. Employees

83. Promotions Appeal Boards

PART XV—AMENDMENTS OF THE COMPANIES ACT 1981

84. Principal Act

85. Insertion of new section—

 16a. Investigation of certain matters

86. Cancellation or suspension of registration

87. Interpretation

88. Alterations of provisions of memorandum

89. Copies of memorandum and articles

90. Application by recognised company for registration under Division

TABLE OF PROVISIONScontinued

Section

91. Application by foreign company for registration under Division

92. Redeemable preference shares

93. Commission to be informed of special rights carried by, or division or conversion of, shares

94. Company financing dealings in its shares, & c.

95. Register of options

96. Company to keep register of substantial shareholders

97. Powers of Court with respect to defaulting substantial shareholder

98. Register of debenture holders and copies of trust deed

99. Branch registers

100. Obligations of borrowing corporation

101. Loss or destruction of certificates

102. Charges required to be registered

103. Company to keep documents relating to charges and register of charges

104. Registration under Instruments Ordinance 1933

105. Insertion of new section—

 215a. Charges created before commencement of this Act

106. Register of directors’ shareholdings, &c.

107. Register of directors, principal executive officers and secretaries

108. Statutory meeting and statutory report

109. Resolutions of exempt proprietary companies

110. Lodgment with the Commission, &c., of copies of certain resolutions and agreements

111. Inspection of minute books

112. Inspection and closing of register

113. Branch registers

114. Provisions for facilitating reconstruction and amalgamation of corporations

115. Functions of committee of management and appointment of deputy official manager

116. Liability as contributories of present and past members

117. Certain notices to be lodged with Commission

118. Effect of voluntary winding up

119. Liquidator’s accounts

120. Member of committee not to accept extra benefit

121. Agents

122. Notice to be filed where documents, & c, altered

123. Service of documents on company

124. Address of registered office, principal office, &c.

125. Continuing offences

126. Power of Court to prohibit payment or transfer of moneys, securities or other property

127. Injunctions

128. Schedule 1

PART XVI—AMENDMENTS OF THE COMPANIES (ACQUISITION OF SHARES) ACT 1980

129. Principal Act

130. Provisions relating to acquisition and disposal of, and entitlement to, shares, and associated persons

131. Miscellaneous provisions relating to orders

132. Power of Commission to declare acquisition of shares or other conduct to be unacceptable

133. Insertion of new section—

 60a. Power of Commission to make certain orders

PART XVII—AMENDMENTS OF THE CONSULAR PRIVILEGES AND IMMUNITIES ACT 1972

134. Principal Act

135. Provision relating to exemption from customs duties

PART XVIII—AMENDMENTS OF THE COPYRIGHT ACT 1968

136. Principal Act

137. Interpretation

TABLE OF PROVISIONScontinued

Section

138. Repeal of section 138 and substitution of new section—

 138. Constitution of Tribunal

139. Repeal of section 140 and substitution of new section—

 140. Qualifications of members

140. Tenure of office

141. Acting President

142. Repeal of section 143 and substitution of new section—

 143. Remuneration and allowances

143. Removal from office for failure to disclose interest

144. Sittings of the Tribunal

145. President to arrange business of Tribunal

PART XIX—AMENDMENTS OF THE CORAL SEA ISLANDS ACT 1969

146. Principal Act

147. Tabling of Ordinances

PART XX-AMENDMENTS OF THE DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 1967

148. Principal Act

149. Limitation on exemption from customs duties

PART XXI—AMENDMENTS OF THE ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974

150. Principal Act

151. Orders to be notified and may be disallowed

PART XXII—AMENDMENTS OF THE ENVIRONMENT PROTECTION (NUCLEAR CODES) ACT 1978

152. Principal Act

153. Codes of practice to be notified and may be disallowed

PART XXIII—AMENDMENT OF THE FEDERAL COURT OF AUSTRALIA

ACT 1976

154. Principal Act

155. Rules of Court

PART XXIV—AMENDMENTS OF THE HEARD ISLAND AND MCDONALD

ISLANDS ACT 1953

156. Principal Act

157. Laying of Ordinances before the Parliament

PART XXV—AMENDMENT OF THE IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980

158. Principal Act

159 Restrictions on disembarking from certain vessels

PART XXVI—AMENDMENT OF THE JUDICIARY ACT 1903

160. Principal Act

161. Repeal of section 87 and substitution of new section—

87. Application of sections 48, 49 and 50 of the Acts Interpretation Act 1901

TABLE OF PROVISIONS—continued

Section

PART XXVII—AMENDMENT OF THE MINERALS (SUBMERGED LANDS) (REGISTRATION FEES) ACT 1981

162. Principal Act

163. Imposition of registration fees

PART XXVIII—AMENDMENTS OF THE NORFOLK ISLAND ACT 1979

164. Principal Act

165. Laying of certain Ordinances before the Parliament

PART XXIX—AMENDMENT OF THE NURSING HOMES ASSISTANCE ACT 1974

166. Principal Act

167. Moneys from which payments under this Act to be made

PART XXX—AMENDMENTS OF THE PARLIAMENTARY ALLOWANCES ACT 1952

168. Principal Act

169. Allowances to Senators

170. Allowances to members of the House of Representatives

171. Allowances to President, Speaker and Chairman of Committees

172. Repeal

PART XXXI—AMENDMENTS OF THE PATENTS ACT 1952

173. Principal Act

174. Interpretation

175. References to prescribed court

176. Crown to be bound

177. Priority date of complete specification

178. Voluntary division of patents

179. Repeal of section 113 and substitution of new section—

 113. Infringement action may be instituted in a prescribed court

180. Declaration as to non-infringement

181. Groundless threats of legal proceedings

182. Repeal of section 132 and substitution of new section—

 132. Interpretation

183. Insertion of new section—

 135a. Regulations with respect to the professional conduct of patent attorneys

184. Jurisdiction of prescribed courts

185. Transfer of proceedings

186. Appeals

187. Application for review

188. Fees

189. Regulations

190. Formal amendments

191. Transitional

192. Compensation

PART XXXII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1952

193. Principal Act

194. Determination of matters by reference to other instruments

195. Regulations

196. Amendment of Schedule 3

TABLE OF PROVISIONS—continued

Section

PART XXXIII—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1973

197. Principal Act

198. Salaries and allowances of certain office holders

199. Travelling allowances payable to holders of certain offices

200. Schedule

PART XXXIV—AMENDMENTS OF THE ROYAL COMMISSIONS ACT 1902

201. Principal Act

202. Repeal of section 6dd and substitution of new section—

 6dd. Statements made by witness not admissible in evidence against him

203. Insertion of new sections—

 7a. Effect of Royal Commissioner having authority to inquire under foreign law

 7b. Commission may take evidence outside Australia

 7c. Statements made by witness not admissible in evidence against him

204. Evidence of issue of Commission, &c.

PART XXXV—AMENDMENTS OF THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910

205. Principal Act

206. Ordinances

PART XXXVI—AMENDMENTS OF THE SECURITIES INDUSTRY ACT 1980

207. Principal Act

208. Interpretation

209. Disclosure to Commission

210. Power of Court to make certain orders

211. Use by dealer of clients’ moneys

212. Power of Court to restrain dealings with dealer’s bank accounts

213. Power of Court to prohibit payment or transfer of moneys, securities or other property

PART XXXVII—AMENDMENT OF THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT 1981

214. Principal Act

215. Persons entitled to enrolment and to vote

PART XXXVIII—AMENDMENTS OF THE STATUTE LAW REVISION ACT 1981

216. Principal Act

217. Schedule 1

PART XXXIX—AMENDMENTS OF THE STUDENT ASSISTANCE ACT 1973

218. Principal Act

219. Title of Principal Act

220. Benefits provided under this Act

221. Interpretation

222. Repeal of Part II

223. Grant of Tertiary Education Assistance

224. Benefit under Tertiary Education Assistance Grants

225. Repeal of sections 12 and 13

226. Grant of Post-graduate Awards

227. Benefit under Post-graduate Awards

228. Repeal of section 16

TABLE OF PROVISIONS—continued

Section

229. Repeal of section 19 and substitution of new section—

19. Remuneration and allowances

230. Termination of appointment

231. Repeal of section 21 and substitution of new section—

21. Resignation

232. Request for review by Tribunal

233. Insertion of new sections—

25a. Constitution of Tribunal

25b. Disclosure of interests by members

234. Powers of Tribunal with respect to decision under review

235. Procedure of Tribunal to be informal, &c.

236. Repeal of section 29 and substitution of new sections—

29. Hearings to be in public except in special circumstances

29a. Opportunity to make submissions concerning evidence

237. Insertion of new section—

30a. Request for reconsideration or review may be made on behalf of person

SCHEDULE 1

Amendments of certain Bounty Acts

SCHEDULE 2

Amendments of certain other Bounty Acts

SCHEDULE 3

Formal Amendments of the Patents Act 1952

Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

No. 26 of 1982

An Act to make various amendments of the statute law of the Commonwealth

[Assented to 7 May 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982.

Commencement

2. (1) Sections 1 and 2 and Parts VIII and XXXIV shall come into operation on the day on which this Act receives the Royal Assent.

(2) Part IX shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Environment Protection (Sea Dumping) Act 1981.

(3) Part XI shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Census and Statistics Amendment Act (No. 2) 1981.

(4) Section 83 shall be deemed to have come into operation on 10 August 1981.

(5) Part XV shall come into operation on the day on which the Companies Act 1981 comes into operation.

(6) Part XXVII shall come into operation on the day on which the Companies Act 1981 comes into operation or the day on which the Minerals (Submerged Lands) (Registration Fees) Act 1981 comes into operation, whichever is later.

(7) Section 177 and sub-section 191 (1) shall be deemed to have come into operation immediately after the commencement of section 17 of the Patents Amendment Act 1979.

(8) The provisions of section 191 (other than sub-section 191 (1)) shall come into operation on a date to be fixed by Proclamation.

(9) Section 196 shall come into operation on a date to be fixed by Proclamation.

(10) Part XXXVII shall come into operation on the date fixed under sub-section 2 (5) of the Statute Law (Miscellaneous Amendments) Act 1981.

(11) Section 217 shall be deemed to have come into operation on 12 June 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.

PART II—AMENDMENTS OF THE ACTS INTERPRETATION ACT 1901

Principal Act

3. The Acts Interpretation Act 19011 is in this Part referred to as the Principal Act.

Regulations

4. Section 48 of the Principal Act is amended—

(a) by omitting paragraph (5a) (a) and substituting the following paragraph:

“(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and”;

(b) by inserting in sub-section (5a) “first-mentioned” before “House” (third and fourth occurring); and

(c) by omitting sub-section (6) and substituting the following sub-sections:

“(6) Where a regulation is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (3), the disallowance of the regulation or the operation of sub-section (3) in relation to the regulation, as the case may be, has the same effect as a repeal of the regulation.

“(7) Where—

(a) a regulation (in this sub-section referred to as the ‘relevant regulation’) is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (3); and

(b) the relevant regulation repealed, in whole or in part, another regulation that was in force immediately before the relevant regulation came into operation,

the disallowance of the relevant regulation or the operation of sub-section (3) in relation to the relevant regulation, as the case may be, has the effect of reviving that other regulation from and including the date of the disallowance or the date on which the relevant regulation became void and of no effect by virtue of that operation of sub-section (3), as the case may be, as if the relevant regulation had not been made.”.

PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

Principal Act

5. The Administrative Appeals Tribunal Act 19751 is in this Part referred to as the Principal Act.

Interpretation

6. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “Deputy President” and substituting the following definition:

“ ‘Deputy President’ means a member appointed as a Deputy President of the Tribunal after the commencement of Part III of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982;”;

(b) by omitting from paragraph (a) of the definition of “Judge” in sub-section (1) “or of a court of a State”;

(c) by omitting from sub-section (1) the definition of “member” and substituting the following definition:

“ ‘member’ means a presidential member, a senior member, or any other member of the Tribunal;”;

(d) by omitting from sub-section (1) the definition of “presidential member” and substituting the following definition:

“ ‘presidential member’ means the President, a member who is a Judge or a Deputy President;”;

(e) by omitting from sub-section (1) the definition of “senior non-presidential member” and substituting the following definition:

“ ‘senior member’ means a senior member of the Tribunal;”; and

(f) by omitting sub-section (4) and substituting the following sub-section:

“(4) For the purposes of a reference in this Act to the furnishing to a person of a document or statement, or the service on or giving to a person of a notice or other notification—

(a) a document or statement shall be deemed to be furnished to a person, or a notice or other notification shall be deemed to be served on or given to a person, as the case may be, if it is posted to the person by a pre-paid letter—

(i) where the document, statement or notice or other notification relates to a proceeding and the person has furnished an address at which documents in relation to the proceeding may be served—to that address; or

(ii) where sub-paragraph (i) does not apply—

(a) in the case of a person not being a company—to the address of the place of residence or business of the person last known to the person posting the document, statement or notice or other notification; or

(b) in the case of a company—to the address of the registered office of the company; and

(b) a document or statement so posted shall be deemed to have been furnished, and a notice or other notification so posted shall be deemed to have been served or given, unless the contrary is proved, at the time when the document, statement or notice or other notification would have been delivered in the ordinary course of post.”.

Establishment of Tribunal

7. (1) Section 5 of the Principal Act is amended by omitting all the words after “number” and substituting “of other members as are appointed in accordance with this Act”.

(2) The amendment of section 5 of the Principal Act made by sub-section (1) does not affect the continuance in existence of the Administrative Appeals Tribunal in existence immediately before the commencement of this Part.

8. Section 6 of the Principal Act is repealed and the following section is substituted:

Appointment of members of Tribunal

“6. (1) The members shall be appointed by the Governor-General.

“(2) A Judge who is to be appointed as a member (other than the President) of the Tribunal shall be appointed as a presidential member.

“(3) A person (other than a Judge) who is to be appointed as a member of the Tribunal shall be appointed as a Deputy President of the Tribunal, as a senior member of the Tribunal, or as a member of the Tribunal.

“(4) A member (other than a Judge) shall be appointed either as a full-time member or as a part-time member.”.

Qualifications for appointment

9. Section 7 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-sections:

“(1) A person shall not be appointed as the President unless he is a Judge of the Federal Court of Australia.

“(1a) A person shall not be appointed as a Deputy President unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years.

“(1b) A person shall not be appointed as a senior member unless he—

(a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years; or

(b) has, in the opinion of the Governor-General, special knowledge or skill relevant to the duties of a senior member.”;

(b) by inserting in sub-section (2) “(other than a senior member)” after “non-presidential member” (first occurring); and

(c) by omitting from paragraph (2) (c) “a non-presidential member” and substituting “such a member”.

10. Section 8 of the Principal Act is repealed and the following section is substituted:

Term of appointment

“8. (1) Subject to this Part—

(a) a presidential member who is a Judge, or a Deputy President who was appointed as a full-time member, holds office until he attains the age of 70 years;

(b) a senior member who was appointed as a full-time member holds office until he attains the age of 65 years; and

(c) a Deputy President who was appointed as a part-time member, or a non-presidential member (other than such a member to whom paragraph (b) applies), holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment but is eligible for re-appointment.

“(2) Where a member who is a Judge ceases to be a Judge, he ceases to hold office as a member.

“(3) A person who has attained the age of 70 years shall not be appointed or re-appointed as a full-time member to an office of Deputy President.

“(4) A Judge who has attained the age of 70 years shall not be appointed or re-appointed as a member.

“(5) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time member to an office of senior member or to an office of member, and a person shall not be appointed or re-appointed as a full-time member to an office of member for a period that extends beyond the date on which he will attain the age of 65 years.

“(6) Subject to this Part, a member holds office on such terms and conditions as are prescribed.”.

11. Section 9 of the Principal Act is repealed and the following section is substituted:

Remuneration and allowances

“9. (1) A member, other than a member who is a Judge, shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, he shall be paid such remuneration as is prescribed.

“(2) A member to whom sub-section (1) applies shall be paid such allowances as are prescribed.

“(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.”.

Acting appointments

12. Section 10 of the Principal Act is amended—

(a) by omitting from sub-section (1) “The Minister may appoint a Deputy President” and substituting “The Governor-General may appoint a Judge of the Federal Court of Australia”;

(b) by omitting sub-section (2) and substituting the following sub-section:

“(2) Where a Deputy President is, or is expected to be, absent from duty or from Australia, the Governor-General may appoint a person qualified to be appointed as a Deputy President to act as a Deputy President during the absence.”;

(c) by omitting from sub-section (3) “qualified to be appointed as a non-presidential member”;

(d) by omitting sub-section (4) and substituting the following sub-section:

“(4) A person shall not be appointed under sub-section (3) to act as a senior member, or as a non-presidential member other than a senior member, unless the person is qualified to be appointed as a senior member or as such a non-presidential member, as the case requires.”;

 

(e) by omitting from sub-section (7) “as President,”;

(f) by omitting sub-section (8);

(g) by inserting in sub-section (9) “as President,” after “acting” (first occurring); and

(h) by omitting sub-section (10) and substituting the following sub-section:

“(10) A person acting as the President, as a Deputy President, as a senior member or as a non-presidential member other than a senior member in accordance with this section has and may exercise all the powers, and shall perform all the functions and duties, conferred or imposed by this Act on the President, on a Deputy President, on a senior member or on a non-presidential member other than a senior member, as the case may be, and, for the purposes of the exercise of those powers, or the performance of those functions and duties, this Act has effect as if a reference to the President, to a Deputy President, to a senior member or to a non-presidential member other than a senior member included a reference to a person acting as the President, as a Deputy President, as a senior member, or as a non-presidential member other than a senior member, as the case may be.”.

Delegation

13. Section 10a of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The President may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a member all or any of his powers under this Act, other than this power of delegation.”; and

(b) by omitting sub-section (3) and substituting the following sub-section:

“(3) A delegation may be made to a member under this section notwithstanding that a delegation to another member is, or delegations to other members are, in force under this section.”.

14. After section 10a of the Principal Act the following section is inserted:

Oath or affirmation of office

“10b. A person who is appointed or re-appointed after the commencement of this section as a member shall, before proceeding to discharge the duties of his office, take before the Governor-General, a Justice of the High Court or a Judge of another federal court or of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in Schedule 2.”.

15. Section 11 of the Principal Act is repealed and the following section is substituted:

Outside employment

“11. (1) Subject to sub-section (2), a full-time member shall not, except with the consent of the Minister, engage in paid employment outside the duties of his office.

“(2) Sub-section (1) does not apply in relation to the holding by a full-time member of an office or appointment in the Defence Force.”.

Removal from office

16. Section 13 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(11) A reference in sub-sections (1), (7) and (10) to a member does not include a reference to a member who is a Judge.”.

Constitution of Tribunal for exercise of powers

17. Section 21 of the Principal Act is amended—

(a) by inserting in sub-section (1) “and to any other provision made in this Act or in any other enactment with respect to the constitution of the Tribunal in relation to particular proceedings” after “sub-section (1a)”;

(b) by omitting paragraph (1) (a) and substituting the following paragraphs:

“(aa) a presidential member who is a Judge and 2 other members (not being Judges);

(a) a Deputy President and 2 non-presidential members;”;

(c) by omitting from paragraph (1) (c) “senior non-presidential member” and substituting “senior member”;

(d) by omitting from paragraph (1) (d) “senior”;

(e) by inserting in sub-section (1a) “or 30 (1a)” after “(9)”;

(f) by inserting in sub-section (1a) “, (1c)” after “(la)”;

(g) by inserting at the end of sub-paragraph (1a) (a) (i) “or by a senior member authorized by the President, in accordance with this section, for the purposes of this sub-paragraph”;

(h) by inserting at the end of sub-paragraph (1a)(a) (iii) “or”; (j) by omitting from paragraph (1a) (b) “or”;

(k) by omitting paragraph (1a)(c);and

(m) by adding at the end thereof the following sub-sections:

“(3) For the purposes of sub-paragraph (1a) (a) (i), the President may authorize a senior member to exercise, either generally or in relation to a particular proceeding or particular proceedings or to proceedings included within a class or classes of proceedings, any or all of the powers of the Tribunal referred to in sub-section (1a).

“(4) The President may at any time vary or revoke an authorization under sub-section (3).”.

Reconstitution of Tribunal in certain cases

18. Section 21a of the Principal Act is amended—

(a) by inserting in sub-section (1) “(a),” before “(b)”;

(b) by inserting before paragraph (3) (a) the following paragraph:

“(aa) in the case of a proceeding before the Tribunal constituted in accordance with paragraph 21 (1) (a)—the Tribunal is constituted in accordance with paragraph 21 (1) (aa);”;

(c) by omitting from paragraph (3) (a) “21 (1) (a)” and substituting “21 (1) (aa) or (a)”; and

(d) by omitting from paragraph (3) (b) “(21 (1) (a), (b) or (c)” and substituting “21 (1) (aa), (a), (b) or (c)”.

Member presiding

19. Section 22 of the Principal Act is amended—

(a) by inserting after paragraph (1) (a) the following paragraph:

“(aa) if the President is not a member of the Tribunal as so constituted, but a presidential member who is a Judge is a member of the Tribunal as so constituted—that presidential member shall preside;

(b) by omitting from paragraph (1) (b) “if the President is not a member of the Tribunal as so constituted” and substituting “if a presidential member who is a Judge is not a member of the Tribunal as so constituted”; and

(c) by omitting from paragraph (1) (c) “senior non-presidential member” (wherever occurring) and “senior non-presidential members” (wherever occurring) and substituting “senior member” and “senior members” respectively.

Tribunal may review certain decisions

20. Section 25 of the Principal Act is amended—

(a) by omitting from sub-section (5) “For the purposes of this section, a failure by a person to do an act or thing within the period prescribed by an enactment” and substituting “For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Tribunal for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment,”; and

(b) by inserting in paragraph (6) (b) “41 (1) or” after “sub-section”.

Tribunal may review decisions as provided by Schedule 1

21. Section 26 of the Principal Act is amended—

(a) by omitting from sub-section (8) “(being decisions in respect of which a provision of an enactment provides for review otherwise than by the Tribunal)”; and

(b) by omitting from sub-section (8) “28 (1)” and substituting “28 (1A)”.

Person affected by decision may obtain reasons for decision

22. Section 28 of the Principal Act is amended—

(a) by inserting after sub-section (1) the following sub-sections:

“(1aa) Where a person to whom a request for a statement in relation to a decision is made by an applicant under sub-section (1) is of the opinion that the applicant is not entitled to be furnished with the statement, that person shall, as soon as practicable but in any case within 28 days after receiving the request, give to the applicant notice in writing of his opinion.

“(1ab) A person who gives a notice under sub-section (1aa) with respect to a request for a statement in relation to a decision is not required to comply with the request unless the Tribunal, on application under sub-section (1ac), decides that the applicant was entitled to be furnished with the statement, and, if the Tribunal so decides, the first-mentioned person shall prepare the statement and furnish it to the applicant within 28 days after the decision of the Tribunal is given.

“(1ac) The Tribunal shall, on an application being made, as prescribed, by an applicant who has received a notice under sub-section (1aa) with respect to a request for a statement in relation to a decision, decide whether the applicant was, or was not, entitled to be furnished with the statement.”;

(b) by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) If the Attorney-General certifies, by writing signed by him, that the disclosure of any matter contained in a statement prepared in accordance with sub-section (1) would be contrary to the public interest—

(a) by reason that it would prejudice the security, defence or international relations of Australia;

(b) by reason that it would involve the disclosure of deliberations of the Cabinet or of a Committee of the Cabinet; or

(c) for any other reason specified in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter should not be disclosed,

the following provisions of this section have effect.

“(3) A person to whom a request for a statement in relation to a decision is made under sub-section (1)—

(a) is not required to include in the statement any matter in relation to which the Attorney-General has given a certificate under sub-section (2); and

(b) where the statement would be false or misleading if it did not include such matter—is not required by sub-section (1) to furnish the statement to the applicant.

“(3a) Where a certificate is given under sub-section (2) in relation to matter contained in a statement prepared in accordance with sub-section (1) in relation to a decision—

(a) the person who made the decision shall notify the applicant in writing—

(i) in a case where the matter is not included in the statement—that the matter is not so included and giving the reason for not including the matter; or

(ii) in a case where the statement is not furnished—that the statement will not be furnished and giving the reason for not furnishing the statement; and

(b) sub-sections 36 (2) to (8) (inclusive) apply in relation to any statement referred to in paragraph 37 (1) (a) in relation to that decision that is lodged with the Tribunal under section 37 as if the certificate were a certificate given under sub-section 36 (1) in relation to any such matter that is contained in the last-mentioned statement.”; and

(c) by adding at the end thereof the following sub-section:

“(5) If the Tribunal, upon application, as prescribed, for a declaration under this sub-section made to it by an applicant to whom a statement has been furnished in pursuance of a request under sub-section (1), considers that the statement does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the Tribunal may make a declaration accordingly, and, where the Tribunal makes such a declaration, the person to whom the request for the statement was made shall, as soon as practicable but in any case within 28 days after the Tribunal makes the declaration, furnish to the applicant an additional statement or additional statements containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.”.

Manner of applying for review

23. Section 29 of the Principal Act is amended—

(a) by omitting from sub-paragraph (2) (b) (ii) “28 (3)” and substituting “28 (3a)”; and

(b) by omitting sub-section (8) and substituting the following sub-section:

“(8) The time for making an application to the Tribunal for a review of a decision may be extended under sub-section (7) although that time has expired.”.

Parties to proceeding before Tribunal

24. Section 30 of the Principal Act is amended—

(a) by omitting paragraphs (1) (b) and (c) and substituting the following paragraphs:

“(b) the person who made the decision;

“(c) if the Attorney-General intervenes in the proceeding under section 30a—the Attorney-General; and

“(d) any other person who has been made a party to the proceeding by the Tribunal on application by the person in accordance with sub-section (1a).”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) Where an application has been made by a person to the Tribunal for a review of a decision, any other person whose interests are affected by the decision may apply, in writing, to the Tribunal to be made a party to the proceeding, and the Tribunal may, in its discretion, by order, make that person a party to the proceeding.”.

25. After section 30 of the Principal Act the following section is inserted:

Intervention by Attorney-General

“30a. (1) The Attorney-General may, on behalf of the Commonwealth, intervene in a proceeding before the Tribunal.

“(2) Where the Attorney-General intervenes under sub-section (1) in a proceeding for a review of a decision, the Attorney-General may authorize the payment to a party to the proceeding by the Commonwealth of such costs as he considers were reasonably incurred by that party in relation to the proceeding as a result of that intervention.”.

Procedure of Tribunal

26. Section 33 of the Principal Act is amended—

(a) by omitting paragraph (1) (a) and substituting the following paragraph:

“(a) the procedure of the Tribunal is, subject to this Act and the regulations and to any other enactment, within the discretion of the Tribunal;”; and

(b) by omitting sub-section (2) and substituting the following sub-sections:

“(2) For the purposes of sub-section (1), directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be given—

(a) where the hearing of the proceeding has not commenced—by the President or by a member authorized by the President to give directions for the purposes of this paragraph; and

 

(b) where the hearing of the proceeding has commenced—by the member presiding at the hearing or by any other member authorized by the member presiding to give such directions.

“(3) A direction as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be varied or revoked at any time by any member empowered in accordance with this section to give such a direction in relation to the proceeding at that time.

“(4) An authorization by the President under this section to give directions as to the procedure to be followed at or in connection with the hearing of a proceeding may be of general application or may relate to the hearing of a particular proceeding or particular proceedings or to proceedings included within a class or classes of proceedings.

“(5) The President may at any time vary or revoke an authorization under this section.”.

Conferences

27. Section 34 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) Where an application is made to the Tribunal for a review of a decision, the President may, if he thinks it desirable to do so after consideration of any material that has been lodged by the parties, direct the holding of a conference of the parties or their representatives presided over by the President or another presidential member, by a non-presidential member assigned to the relevant Division or by an officer of the Tribunal.”.

Hearings to be in public except in special circumstances

28. Section 35 of the Principal Act is amended by inserting in paragraph (2) (c) “or received in evidence by the Tribunal” after “Tribunal” (last occurring).

Certain documents and information not required to be disclosed

29. Section 36 of the Principal Act is amended—

(a) by omitting from sub-section (1) “the contents of” (first occurring) and substituting “any matter contained in”;

(b) by omitting from paragraph (1) (c) “contents of the documents” and substituting “matter contained in the document”;

(c) by omitting from sub-section (2) “to produce the document to or lodge the document with the Tribunal” and substituting “to produce to, or lodge with, the Tribunal the document in which the matter is contained”;

(d) by omitting from sub-section (2) “is not, or the contents of the document are not,” and substituting “or the matter contained in the document is not”;

(e) by omitting sub-section (3) and substituting the following sub-sections:

“(3) Where the Attorney-General has certified in accordance with sub-section (1) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in paragraph (1) (a) or (b), the Tribunal shall consider whether the information or the matter should be disclosed to all or any of the parties to the proceeding and, if it decides that the information or the matter should be so disclosed, the Tribunal shall make the information available or permit the part of the document containing the matter to be inspected accordingly.

“(3a) Where, in relation to a proceeding to which the Attorney-General would not, but for this sub-section, be a party, the Attorney-General certifies in accordance with sub-section (1) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in paragraph (1) (a) or (b), the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding.”;

(f) by omitting from sub-section (4) “the contents of a document should be disclosed as mentioned in sub-section (3), the President shall take as the basis of his consideration” and substituting “matter contained in a document should be disclosed as mentioned in sub-section (3), the Tribunal shall take as the basis of its consideration”;

(g) by omitting from sub-section (4) “contents of (last occurring) and substituting “matter contained in”;

(h) by inserting before sub-section (4a) the following sub-section:

“(4aa) The Tribunal shall, as soon as practicable after the Tribunal makes a decision under sub-section (3) in relation to information, or matter contained in a document, in relation to a proceeding, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal.”;

(j) by omitting from sub-sections (4a), (5) and (6) “the contents of” (wherever occurring) and substituting “matter contained in”; and

(k) by adding at the end thereof the following sub-sections:

“(7) The power of the Tribunal under sub-section (3) to decide whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding may be exercised only by the Tribunal constituted by a presidential member who is a Judge of the Federal Court of Australia.

“(8) A decision by the Tribunal under sub-section (3) as to whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding is a decision by the Tribunal in that proceeding for the purposes of section 44.”.

Certain questions not required to be answered

30. Section 36aof the Principal Act is amended—

(a) by omitting paragraph (2) (b) and substituting the following paragraph:

“(b) in any other case—the Tribunal decides that the answering of the question would not be contrary to the public interest.”;

(b) by inserting after sub-section (2) the following sub-sections:

“(2a) Where the Attorney-General informs the Tribunal that, in his opinion, the answering by a person of a question at the hearing of a proceeding would be contrary to the public interest, being a proceeding to which the Attorney-General would not, but for this sub-section, be a party, the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding.

“(2b)The Tribunal shall, as soon as practicable after making a decision under paragraph (2) (b) whether or not the answering of a question at the hearing of a proceeding would be contrary to the public interest, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal.”; and

(c) by adding at the end thereof the following sub-sections:

“(5) The power of the Tribunal under paragraph (2) (b) to decide whether or not the answering of a question at the hearing of a proceeding would be contrary to the public interest may be exercised only by the Tribunal constituted by a presidential member who is a Judge of the Federal Court of Australia.

“(6) A decision by the Tribunal under paragraph (2) (b) that the answering by a person of a question at the hearing of a proceeding would, or would not, be contrary to the public interest is a decision by the Tribunal in that proceeding for the purposes of section 44.”.

Lodging of material documents with Tribunal

31. Section 37 of the Principal Act is amended by inserting after sub-section (1a) the following sub-sections:

“(1b) Where an application that has been lodged with the Tribunal for a review of a decision was not lodged within the time within which it was required by section 29 to be lodged, the reference in sub-section (1) to the period of 28 days after the person who made the decision receives notice of the application for a review shall be read as a reference to the period of 28 days after the day on which that person so receives notice or the day on which the Tribunal makes a determination extending the time for the making of the application for a review, whichever is the later.

“(1c) The Tribunal may, upon request being made, as prescribed, by a party to a proceeding before the Tribunal for a review of a decision, direct, by order, that sub-section (1b) shall have effect in relation to an application for a review of the decision as if the last reference in that sub-section to a period of 28 days were a reference to such shorter period as is specified in the order.

“(1d) Sub-section (1b) does not apply in relation to an application for a review of a decision if the decision is the subject of another application to which sub-section (1b) does not apply.”.

Operation and implementation of a decision that is subject to review

32. Section 41 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(7) For the purposes of this section, the President may authorize a senior member, either generally or in relation to a particular decision or particular decisions, or to decisions included within a class or classes of decisions, being a decision or decisions in respect of which an application to the Tribunal for a review has been, or may be, made, to exercise the powers and perform the functions of a presidential member under this section, and, where a senior member is so authorized, a reference in this section (other than this sub-section) to a presidential member shall be read as including a reference to that senior member.

“(8) The President may at any time vary or revoke an authorization under sub-section (7).”.

Review by Tribunal

33. Section 43 of the Principal Act is amended—

(a) by omitting sub-section (2) and substituting the following sub-sections:

“(2) Subject to this section and to sections 35, 36 and 36a, the Tribunal shall give reasons either orally or in writing for its decision.

“(2a) Where the Tribunal does not give reasons in writing for its decision, a party to the proceeding may, within 28 days after the day on which a copy of the decision of the Tribunal is served on that party, request the Tribunal to furnish to that party a statement in writing of the reasons of the Tribunal for its decision, and the Tribunal shall, within 28 days after receiving the request, furnish to that party such a statement.

“(2b) Where the Tribunal gives in writing the reasons for its decision, those reasons shall include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based.”; and

(b) by omitting from sub-section (5) “the reasons given” and substituting “reasons given in writing”.

Return of documents, &c., at completion of proceeding

34. Section 43aof the Principal Act is amended by inserting in sub-section (1) “or any other object” after “document”.

 

Sending of documents to, and disclosure of documents by, the Federal Court of Australia

35. Section 46 of the Principal Act is amended—

(a) by omitting from sub-section (2) “the contents of (first occurring) and substituting “matter contained in”;

(b) by omitting from sub-section (2) “contents of the document are” and substituting “matter is”;

(c) by omitting sub-section (3) and substituting the following sub-section:

“(3) If—

(a) the certificate referred to in sub-section (2) relating to matter contained in the document does not specify a reason referred to in paragraph 28 (2) (a) or (b) or 36 (1) (a) or (b), as the case may be;

(b) a question for decision by the Federal Court of Australia is whether the matter should be disclosed to some or all of the parties to the proceeding before the Tribunal in respect of which the appeal was instituted or the reference was made; and

(c) the Court decides that the matter should be so disclosed,

the court shall permit the part of the document in which the matter is contained to be inspected accordingly.”; and

(d) by omitting from sub-section (4) “the contents of” and substituting “matter contained in”.

36. After section 62 of the Principal Act the following section is inserted:

False or misleading evidence

“62a. A person appearing as a witness before the Tribunal shall not give evidence that, to his knowledge, is false or misleading.

Penalty: $1,000 or imprisonment for 3 months.”.

Amendments with respect to Schedule

37. (1) The Schedule to the Principal Act is amended by omitting the heading and substituting the following heading:

“SCHEDULE 1

REVIEWABLE DECISIONS”.

(2) The following provisions of the Principal Act are amended by omitting “the Schedule” (wherever occurring) and substituting “Schedule 1”:

Sub-sections 25 (2) and 26 (1), (2), (3), (4), (5), (6), (7) and (8).

Schedule 2

38. The Principal Act is amended by adding at the end thereof the following Schedule:

“SCHEDULE 2 Section 10b

OATH OR AFFIRMATION OF OFFICE

I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors according to law, that I will truly serve Her in the office of (insert name of office of member of Tribunal) and that I will faithfully and impartially perform the duties of that office. So Help Me God!

Or

I, , do solemnly and sincerely promise and declare that (as above, omitting the words ‘So Help Me God!’).”.

Transitional provision with respect to existing members

39. Notwithstanding the amendments made by this Part—

(a) the person who was the President of the Tribunal immediately before the commencement of this Part continues, subject to the Principal Act as amended by this Part, to hold office as the President of the Tribunal, but he shall cease to hold office at the time when he would have ceased to hold office if he had been appointed as the President of the Tribunal under section 6 of the Principal Act as so amended;

(b) a person who was a Deputy President of the Tribunal immediately before the commencement of this Part shall, subject to the Principal Act as amended by this Part, hold office as a member of the Tribunal as if he had been appointed as a presidential member of the Tribunal under section 6 of the Principal Act as so amended;

(c) a person who was a senior non-presidential member of the Tribunal immediately before the commencement of this Part by virtue of a declaration made pursuant to sub-section 6 (4) or (5) of the Principal Act shall, subject to the Principal Act as amended by this Part, hold office as a senior member of the Tribunal as if he had been appointed as a senior member under section 6 of the Principal Act as so amended; and

(d) a person who was a non-presidential member (other than a senior non-presidential member) of the Tribunal immediately before the commencement of this Part shall, subject to the Principal Act as amended by this Part, hold office as a member of the Tribunal as if he had been appointed as a member under section 6 of the Principal Act as so amended for the remainder of the period for which he was appointed as a non-presidential member under the Principal Act.

References to members in other enactments, &c.

40. (1) Subject to sub-section (2), where a provision of an enactment, being a provision that is in force at the commencement of this Part, requires the Tribunal, for the purpose of the exercise of its powers in relation to any matter, to be constituted by, or to include, a presidential member, a reference in that provision to a presidential member, in relation to the constitution of the

Tribunal for that purpose, has effect after that commencement as if it were a reference to a presidential member of the Tribunal who is a Judge of the Federal Court of Australia.

(2) Sub-section (1) does not apply to—

(a) a provision of the Administrative Appeals Tribunal Act 1975 (other than a provision of Schedule 1 to that Act); or

(b) section 154 of the Superannuation Act 1976.

(3) A reference in a provision of an enactment or in a determination by the Remuneration Tribunal under the Remuneration Tribunals Act 1973, being a provision of an enactment that is in force, or a determination that is in operation, at the commencement of this Part, to a senior non-presidential member of the Tribunal has effect, after that commencement, as if it were a reference to a senior member of the Tribunal.

PART IV—AMENDMENTS OF THE AGED PERSONS HOSTELS ACT 1972

Principal Act

41. The Aged Persons Hostels Act 19723 is in this Part referred to as the Principal Act.

Title

42. The title of the Principal Act is amended by inserting “or Disabled” after “Aged”.

Short title

43. Section 1 of the Principal Act is amended by inserting “or Disabled” after “Aged”.

Interpretation

44. Section 3 of the Principal Act is amended—

(a) by omitting “Aged Persons Homes Act” from the definition of “qualifying subsidized home” in sub-section (1) and substituting “Aged or Disabled Persons Homes Act”;

(b) by omitting “Aged Persons Homes Act” (wherever occurring) from the definition of “qualifying unsubsidized home” in sub-section (1) and substituting “Aged or Disabled Persons Homes Act”;

(c) by omitting from sub-section (1) the definition of “the Aged Persons Homes Act” and substituting the following definition:

“ ‘the Aged or Disabled Persons Homes Act’ means the Aged or Disabled Persons Homes Act 1954;”;

(d) by omitting from sub-section (2) “Aged Persons Homes Act 1954-72” and substituting “Aged or Disabled Persons Homes Act”; and

(e) by omitting from sub-section (3) “two” (wherever occurring) and substituting “2”.

Approval of hostels

45. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1) “aged” and substituting “eligible”; and

(b) by omitting from sub-section (4) “Aged Persons Homes Act” and substituting “Aged or Disabled Persons Homes Act”.

Amounts of grants

46. Section 7 of the Principal Act is amended—

(a) by omitting from sub-section (1) “the next succeeding sub-section” and substituting “sub-section (2)”;

(b) by omitting from sub-section (1) “the last preceding section” and substituting “section 6”;

(c) by omitting from paragraph (1) (a) “aged” (first occurring) and substituting “eligible”;

(d) by omitting from paragraph (1) (b) “aged” (first and last occurring) and substituting “eligible”;

(e) by omitting from sub-section (3) “the last preceding section” and substituting “section 6”; and

(f) by omitting from sub-section (3) “aged” (last occurring) and substituting “eligible”.

Grants for furnishings

47. Section 8 of the Principal Act is amended—

(a) by omitting “aged” and substituting “eligible”; and

(b) by omitting “paragraph (a) or (b) of sub-section (1) of the last preceding section” and substituting “paragraph 7 (1) (a) or (b)”.

Transfer of rights in respect of persons

48. Section 8a of the Principal Act is amended—

(a) by omitting from sub-section (1) “aged” (second occurring) and substituting “eligible”;

(b) by omitting from sub-section (1) “aged persons to a number” and substituting “a number of persons”;

(c) by omitting from paragraph (3) (b) “aged” (first occurring) and substituting “eligible”;

(d) by omitting from sub-section (4) “aged” (first, third and last occurring); and

(e) by omitting from paragraphs (5) (a) and (b) “aged” (first and last occurring).

Terms and conditions of grants

49. (1) Section 9 of the Principal Act is amended—

(a) by omitting from sub-section (1) “twelve months” and substituting “12 months”;

(b) by omitting from sub-section (4) “the last preceding sub-section” and substituting “sub-section (3)”; and

(c) by omitting from sub-section (4) “aged” and substituting “eligible”.

(2) An undertaking given under sub-section 9 (4) of the Principal Act with respect to the continued use of a hostel as a home for aged persons shall, after the commencement of this Part, be deemed to be an undertaking given under sub-section 9 (4) of the Principal Act as amended by this Part with respect to the continued use of the hostel as a home for eligible persons.

Period of operation

50. Section 10 of the Principal Act is amended by omitting from sub-section (1) “three” and substituting “3”.

Further grants under Aged or Disabled Persons Homes Act

51. Section 12 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Aged Persons Homes Act” and substituting “Aged or Disabled Persons Homes Act”;

(b) by omitting from sub-section (2) “aged” (first and last occurring);

(c) by omitting from sub-section (2) “aged” (second occurring) and substituting “eligible”; and

(d) by omitting from sub-section (2) “Aged Persons Homes Act” and substituting “Aged or Disabled Persons Homes Act”.

PART V—AMENDMENTS OF THE ASHMORE AND CARTIER ISLANDS ACCEPTANCE ACT 1933

Principal Act

52. The Ashmore and Cartier Islands Acceptance Act 19334 is in this Part referred to as the Principal Act.

Tabling of Ordinances

53. Section 10 of the Principal Act is amended—

(a) by omitting paragraph (4) (a) and substituting the following paragraph:

“(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and”;

(b) by inserting in sub-section (4) “first-mentioned” before “House” (third and fourth occurring); and

(c) by omitting sub-section (5) and substituting the following sub-sections:

“(5) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1), the disallowance of the Ordinance or the operation of sub-section (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.

“(5a) Where—

(a) an Ordinance (in this sub-section referred to as the ‘relevant Ordinance’) is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1); and

(b) the relevant Ordinance repealed, in whole or in part, another Ordinance that was in force immediately before the relevant Ordinance came into operation,

the disallowance of the relevant Ordinance or the operation of sub-section (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance from and including the date of the disallowance or the date on which the relevant Ordinance became void and of no effect by virtue of that operation of sub-section (1), as the case may be, as if the relevant Ordinance had not been made.

“(5b) A reference in sub-section (5) or (5a) to an Ordinance shall be read as including a reference to a part of an Ordinance.”.

PART VI—AMENDMENTS OF THE AUDIT ACT 1901

Principal Act

54. The Audit Act 19015 is in this Part referred to as the Principal Act.

Commonwealth Public Account

55. (1) Section 21 of the Principal Act is amended—

(a) by omitting from paragraph (1) (b) “includes the words ‘Commonwealth Public Account’ and”; and

(b) by omitting from sub-section (3) “sub-section (1)” and substituting “paragraph (1) (a)”.

(2) Where—

(a) an account for the receipt, custody, payment and transmission of public moneys was maintained with a bank immediately before the commencement of this Part; and

(b) the account did not bear a designation that included the words “Commonwealth Public Account”,

the account—

(c) shall be deemed to have been validly opened and to have been, before the commencement of this Part, validly maintained; and

(d) shall be treated, for the purposes of the Principal Act as amended by this Part, as if it had been opened by the Minister pursuant to paragraph 21 (1) (b) of the Principal Act as amended by this Part on the date of commencement of this Part.

Delegation by Minister

56. Section 70aof the Principal Act is amended by inserting after sub-section (2) the following sub-section:

“(2a) A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister.”.

PART VII—AMENDMENTS OF THE AUSTRALIAN ANTARCTIC TERRITORY ACT 1954

Principal Act

57. The Australian Antarctic Territory Act 19546 is in this Part referred to as the Principal Act.

Tabling of Ordinances in Parliament

58. Section 12 of the Principal Act is amended—

(a) by omitting paragraph (3a) (a) and substituting the following paragraph:

“(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and”;

(b) by inserting in sub-section (3a) “first-mentioned” before “House” (third and fourth occurring); and

(c) by omitting sub-section (4) and substituting the following sub-sections:

“(4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1), the disallowance of the Ordinance or the operation of sub-section (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.

“(4a) Where—

(a) an Ordinance (in this sub-section referred to as the ‘relevant Ordinance’) is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1); and

(b) the relevant Ordinance repealed, in whole or in part, another Ordinance that was in force immediately before the relevant Ordinance came into operation,

the disallowance of the relevant Ordinance or the operation of sub-section (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance from and including the date of the disallowance or the date on which the relevant Ordinance became void and of no effect by virtue of that operation of sub-section (1), as the case may be, as if the relevant Ordinance had not been made.

“(4b) A reference in sub-section (4) or (4a) to an Ordinance shall be read as including a reference to a part of an Ordinance.”.

PART VIII—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933

Principal Act

59. The Australian Capital Territory Supreme Court Act 19337 is in this Part referred to as the Principal Act.

Interpretation

60. Section 5 of the Principal Act is amended—

(a) by omitting the definition of “Chief Judge” and substituting the following definition:

“ ‘Chief Justice’ means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of the Chief Justice;”; and

(b) by omitting “Chief Judge” from the definition of “Judge” or “Judge of the Supreme Court” and substituting “Chief Justice”.

Establishment of Supreme Court

61. Section 6 of the Principal Act is amended by omitting from sub-section (3) “Chief Judge” and substituting “Chief Justice”.

Appointment and tenure of Judges

62. Section 7 of the Principal Act is amended by omitting from sub-sections (1) and (1b)“Chief Judge” and substituting “Chief Justice”.

Acting Chief Justice

63. Section 7a of the Principal Act is amended by omitting “Chief Judge” (wherever occurring) and substituting “Chief Justice”.

Arrangement of business of Court

64. Section 7b of the Principal Act is amended by omitting “Chief Judge” and substituting “Chief Justice”.

Salary and allowances of Judges

65. Section 8b of the Principal Act is amended—

(a) by omitting from sub-section (1) “Chief Judge” and substituting “Chief Justice”; and

(b) by adding at the end thereof the following sub-sections:

“(5) Subject to sub-section (6), a person who holds office as a Judge of the Court by virtue of an appointment that took effect while he was a Judge (including the Chief Judge) of the Federal Court of Australia is not, while he continues to hold office both as a Judge of the Court and as a Judge (including the Chief Judge) of the Federal Court of Australia, entitled to receive salary or annual allowance as provided in sub-section (1).

 

“(6) In the case of a Judge of the Court to whom sub-section (5) applies, if the salary or annual allowance to which he would be entitled as a Judge of the Court if that sub-section were not applicable to him exceeds the salary or annual allowance, as the case may be, by which he is remunerated as a Judge (including the Chief Judge) of the Federal Court of Australia, he shall receive, in respect of his office as a Judge of the Court, an additional amount by way of salary or annual allowance, as the case may be, equal to the excess.”.

Oath of allegiance and office by Judge

66. Section 10 of the Principal Act is amended by omitting “Chief Judge” (wherever occurring) and substituting “Chief Justice”.

Rules of Court

67. Section 28 of the Principal Act is amended by omitting sub-sections (3), (4) and (4a) and substituting the following sub-section:

“(3) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to Rules of Court.”.

Seal

68. Section 47 of the Principal Act is amended by omitting “Chief Judge” and substituting “Chief Justice”.

Transitional provisions

69. (1) The person who, immediately before the commencement of this Part, held office as Chief Judge of the Australian Capital Territory Supreme Court shall, subject to the Principal Act as amended by this Part, hold office after the commencement of this Part as Chief Justice of the Australian Capital Territory Supreme Court.

(2) A reference in any Act, or in any instrument (including rules, regulations and by-laws) made, granted or issued pursuant to any Act, to the Chief Judge of the Australian Capital Territory Supreme Court shall, in relation to any act or thing done or to be done after the commencement of this Part, be read as a reference to the Chief Justice of the Australian Capital Territory Supreme Court.

(3) For the purposes of the operation of any Act (other than the Australian Capital Territory Supreme Court Act 1933), the person from time to time holding the office of Chief Justice of the Australian Capital Territory Supreme Court shall be taken to be a Judge of that Court.

PART IX—AMENDMENT OF THE AUSTRALIAN SHIPPING COMMISSION ACT 1956

Principal Act

70. The Australian Shipping Commission Act 19568 is in this Part referred to as the Principal Act.

Schedule

71. The Schedule to the Principal Act is amended by omitting “Beaches, Fishing Grounds and Sea Routes Protection Act 1932.”.

PART X—AMENDMENTS OF CERTAIN BOUNTY ACTS

Amendments of certain Bounty Acts

72. (1) The Acts specified in column 1 of Schedule 1 are amended as set out in column 2 of that Schedule.

(2) Where, but for the amendments made by sub-section (1), a return would be required to be furnished under a provision (in this section referred to as the “repealed provision”) of any of the Acts amended by that sub-section in respect of a period ending on, or including, 30 June 1982, the repealed provision continues to apply in respect of that period.

(3) A return furnished under a provision inserted in an Act by sub-section (1) is not required to set forth particulars in respect of bounty that have been set forth in a return furnished under the repealed provision of that Act.

(4) Each Act specified in column 1 of Schedule 2 is amended by omitting “payable” from the provision of that Act that is specified in column 2 of the Schedule opposite to the reference to that Act and substituting “paid”.

PART XI—AMENDMENTS OF THE CENSUS AND STATISTICS AMENDMENT ACT (No. 2) 1981

Principal Act

73. The Census and Statistics Amendment Act (No. 2) 19819 is in this Part referred to as the Principal Act.

Statistics

74. Section 14 of the Principal Act is amended by omitting “collected under” from the sub-section (2) proposed to be inserted in section 127 of the Insurance Act 1973 and substituting “furnished in pursuance of”.

Australian Statistician

75. Section 15 of the Principal Act is amended by omitting “collected under” from the sub-section (3) proposed to be inserted in section 9 of the Port Statistics Act 1977 and substituting “furnished in pursuance of”.

PART XII—AMENDMENTS OF THE CHRISTMAS ISLAND ACT 1958

Principal Act

76. The Christmas Island Act 195810 is in this Part referred to as the Principal Act.

Tabling of Ordinances in Parliament

77. Section 10 of the Principal Act is amended—

(a) by omitting paragraph (3a) (a) and substituting the following paragraph:

“(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and”;

(b) by inserting in sub-section (3a) “first-mentioned” before “House” (third and fourth occurring); and

(c) by omitting sub-section (4) and substituting the following sub-sections:

“(4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1), the disallowance of the Ordinance or the operation of sub-section (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.

“(4a) Where—

(a) an Ordinance (in this sub-section referred to as the ‘relevant Ordinance’) is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1); and

(b) the relevant Ordinance repealed, in whole or in part, another Ordinance that was in force immediately before the relevant Ordinance came into operation,

the disallowance of the relevant Ordinance or the operation of sub-section (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance from and including the date of the disallowance or the date on which the relevant Ordinance became void and of no effect by virtue of that operation of sub-section (1), as the case may be, as if the relevant Ordinance had not been made.

“(4b) A reference in sub-section (4) or (4a) to an Ordinance shall be read as including a reference to a part of an Ordinance.”.

PART XIII—AMENDMENTS OF THE COCOS (KEELING) ISLANDS ACT 1955

Principal Act

78. The Cocos (Keeling) Islands Act 195511 is in this Part referred to as the Principal Act.

Laying of Ordinances before the Parliament

79. Section 13 of the Principal Act is amended—

(a) by omitting paragraph (3a) (a) and substituting the following paragraph:

“(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and”;

(b) by inserting in sub-section (3a) “first-mentioned” before “House” (third and fourth occurring); and

(c) by omitting sub-section (4) and substituting the following sub-sections:

“(4) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1), the disallowance of the Ordinance or the operation of sub-section (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.

“(4a) Where—

(a) an Ordinance (in this sub-section referred to as the ‘relevant Ordinance’) is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1); and

(b) the relevant Ordinance repealed, in whole or in part, another Ordinance that was in force immediately before the relevant Ordinance came into operation,

the disallowance of the relevant Ordinance or the operation of sub-section (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance from and including the date of the disallowance or the date on which the relevant Ordinance became void and of no effect by virtue of that operation of sub-section (1), as the case may be, as if the relevant Ordinance had not been made.

“(4b) A reference in sub-section (4) or (4a) to an Ordinance shall be read as including a reference to a part of an Ordinance.”.

PART XIV—AMENDMENTS OF THE COMMONWEALTH TEACHING SERVICE ACT 1972

Principal Act

80. The Commonwealth Teaching Service Act 197212 is in this Part referred to as the Principal Act.

Officers

81. Section 20 of the Principal Act is amended by omitting sub-section (5) and substituting the following sub-section:

“(5) A determination under sub-section (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification—

(a) any of the provisions of a determination made under section 82d of the Public Service Act 1922 as in force at a particular time or as in force from time to time; or

(b) any of the provisions of another determination made under sub-section (4), or of a determination made under sub-section 23 (4), as in force at a particular time or as in force from time to time.”.

Employees

82. Section 23 of the Principal Act is amended by omitting sub-section (5) and substituting the following sub-section:

“(5) A determination under sub-section (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification—

(a) any of the provisions of a determination made under section 82d of the Public Service Act 1922 as in force at a particular time or as in force from time to time; or

(b) any of the provisions of another determination made under sub-section (4), or of a determination made under sub-section 20 (4), as in force at a particular time or as in force from time to time.”.

Promotions Appeal Boards

83. Section 30 of the Principal Act is amended by omitting from sub-section (1) “the Commissioner” and substituting “the relevant authority”.

PART XV—AMENDMENTS OF THE COMPANIES ACT 1981

Principal Act

84. The Companies Act 198113 is in this Part referred to as the Principal Act.

85. After section 16 of the Principal Act the following section is inserted in Division 1 of Part II:

Investigation of certain matters

“16a. Where the Commission has reason to suspect that a person has committed an offence under a provision of this Act, the Commission may make such investigation as the Commission thinks expedient for the due administration of this Act.”.

Cancellation or suspension of registration

86. Section 27 of the Principal Act is amended by inserting after sub-section (11) the following sub-sections:

“(11a) The Chairman or a member of the Board may summon a person to appear before the Board at a hearing held for the purposes of this section to give evidence and to produce such documents (if any) as are referred to in the summons, being documents relating to the matters that are the subject of the hearing.

“(11b) The Board may, at a hearing, take evidence on oath or affirmation and for that purpose the Chairman or a member of the Board may—

(a) require a person appearing at the hearing to give evidence either to take an oath or make an affirmation; and

(b) administer an oath or affirmation to a person so appearing at the hearing.

“(11c) The oath or affirmation to be taken or made by a person for the purposes of sub-section (11b) is an oath or affirmation that the answers he will give to the questions asked him will be true.

“(11d) A person shall not—

(a) insult the Chairman or a member of the Board in the performance of his functions or the exercise of his powers as a member at a hearing before the Board held for the purposes of this section;

(b) interrupt a hearing before the Board held for the purposes of this section;

(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Board is conducting a hearing for the purposes of this section; or

(d) do any other act that would, if the Board were a court of record, constitute contempt of that court.

Penalty: $1,000 or imprisonment for 3 months.”.

Interpretation

87. Section 38 of the Principal Act is amended—

(a) by omitting sub-section (2) and substituting the following sub-section:

“(2) Notwithstanding sub-section (1), a name—

(a) that, in the opinion of the Commission, so closely resembles a name that is reserved or registered under this Division as to be likely to be mistaken for it;

(b) that is, in the opinion of the Commission, undesirable; or

(c) that is a name, or a name of a kind, that the Ministerial Council has directed the Commission not to accept for registration,

shall be taken to be available for reservation in the Territory in relation to a corporation or intended corporation if the Ministerial Council has consented to the name being reserved or registered under this Division in respect of that corporation or intended corporation.”; and

(b) by adding at the end thereof the following sub-section:

“(5) For the purposes of section 537, sub-section (2) of this section shall be taken to provide for the review by the Ministerial Council of decisions of the Commission made under paragraph (1) (a) or (b) of this section.”.

Alterations of provisions of memorandum

88. Section 73 of the Principal Act is amended by inserting in sub-section (11) “as provided by sub-section (1) or (2)” after “company”.

Copies of memorandum and articles

89. Section 79 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) A company shall, on being so required by a member, send to him a copy of the memorandum and of the articles (if any) of the company—

(a) if the company requires the payment of an amount not exceeding the prescribed amount—within 21 days after the payment is received by the company or within such longer period as the Commission approves; or

(b) in a case to which paragraph (a) does not apply—within 21 days after the request was made or within such longer period as the Commission approves.”.

Application by recognized company for registration under Division

90. Section 84 of the Principal Act is amended—

(a) by omitting from sub-paragraph (2) (b) (i) “and”; and

(b) by inserting after sub-paragraph (2) (b) (i) the following sub-paragraph:

“(ia) notice in the prescribed form of the address of the proposed registered office of the recognized company in the Territory; and”.

Application by foreign company for registration under Division

91. Section 85 of the Principal Act is amended—

(a) by omitting from paragraph (4) (f) “and”; and

(b) by inserting after paragraph (4) (f) the following paragraph:

“(fa) notice in the prescribed form of the address of the proposed registered office of the corporation in the Territory; and”.

Redeemable preference shares

92. Section 120 of the Principal Act is amended by omitting from sub-section (8) “specifying the shares redeemed” and substituting “in the prescribed form relating to the shares redeemed”.

Commission to be informed of special rights carried by, or division or conversion of, shares

93. Section 124 of the Principal Act is amended by omitting from sub-section (1) “containing particulars of those rights” and substituting “in the prescribed form relating to those rights”.

Company financing dealings in its shares, &c.

the Tribunal shall be constituted for the purposes of the review of that decision by the Chairman and that remaining member.

Disclosure of interests by members

“25b. (1) Where a member is, or is to be, a member of a Tribunal as constituted for the purposes of proceedings in relation to a review of a decision of an authorized person and he has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of his functions in relation to those proceedings—

(a) he shall disclose the interest to the parties to the proceedings; and

(b) except with the consent of both the parties to the proceedings, he shall not take part in the proceedings.

“(2) Where the Chairman of a Tribunal becomes aware that a member is, or is to be, a member of the Tribunal as constituted for the purposes of proceedings relating to a review of a decision of an authorized person and that the member has, in relation to those proceedings, such an interest as is mentioned in sub-section (1) —

(a) if the Chairman considers that the member should not take part, or should not continue to take part, in the proceedings—he shall give a direction to the member accordingly; or

(b) in any other case—he shall cause the interest of the member to be disclosed to the parties to the proceedings.”.

Powers of Tribunal with respect to decision under review

234. Section 26 of the Principal Act is amended by omitting from sub-section (1) “A Review Tribunal” and substituting “Subject to sub-section 27 (5), a Tribunal”.

Procedure of Tribunal to be informal, &c.

235. Section 27 of the Principal Act is amended—

(a) by omitting from sub-section (3) “A copy” and substituting “Subject to section 29, a copy”; and

(b) by adding at the end thereof the following sub-section:

“(5) Where a Tribunal constituted by the Chairman and one other member completes a review of a decision of an authorized person and the Chairman and the other member do not agree as to the decision to be made by the Tribunal, the Chairman shall arrange for the decision of the authorized person to be reviewed by a Tribunal constituted as provided by sub-section 25a ( 1).”.

236. Section 29 of the Principal Act is repealed and the following sections are substituted:

Hearings to be in public except in special circumstances

“29. (1) Subject to this section, the hearing of proceedings before a Tribunal shall be in public.

“(2) Where a Tribunal is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Tribunal may, by order—

(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present;

(b) give directions prohibiting or restricting the publication of evidence given before the Tribunal, whether in public or in private, or of matters contained in documents lodged with the Tribunal (including any documents forwarded to the Tribunal under section 24) or received in evidence by the Tribunal; and

(c) give directions prohibiting or restricting the disclosure to either or both of the parties to the proceedings of evidence given before the Tribunal, or of the contents of a document lodged with the Tribunal (including a document forwarded to the Tribunal under section 24) or received in evidence by the Tribunal, in relation to the proceedings.

“(3) In considering—

(a) whether the hearing of proceedings should be held in private; or

(b) whether publication, or disclosure to either or both of the parties, of evidence given before the Tribunal, or of a matter contained in a

document lodged with the Tribunal (including a document forwarded to the Tribunal under section 24) or received in evidence by the Tribunal, should be prohibited or restricted,

a Tribunal shall take as the basis of its consideration the principle that it is desirable that hearings of proceedings before Tribunals should be held in public and that evidence given before Tribunals and the contents of documents lodged with Tribunals (including documents forwarded to Tribunals under section 24) or received in evidence by Tribunals should be made available to the public and to both the parties, but shall pay due regard to any reasons given to the Tribunal why the hearing should be held in private or why publication or disclosure of the evidence or the matter contained in the document should be prohibited or restricted.

Opportunity to make submissions concerning evidence

“29a. Subject to section 29, a Tribunal shall ensure that each party to proceedings before the Tribunal is given a reasonable opportunity to present his case and, in particular, to inspect any documents to which the Tribunal proposes to have regard in reaching a decision in the proceedings and to make submissions in relation to those documents.”.

237. After section 30 of the Principal Act the following section is inserted in Part VI:

Request for reconsideration or review may be made on behalf of person

“30a. Where a person is, for any reason, unable—

(a) to request a reconsideration of a decision; or

(b) to request a review by a Tribunal of a decision of an authorized person,

such a request may be made by another person on behalf of that first-mentioned person.”.

 

SCHEDULE 1 Sub-section 72 (1)

AMENDMENTS OF CERTAIN BOUNTY ACTS

Column 1

Column 2

Act

Amendment

Automatic Data Processing Equipment Bounty Act 1977

Omit sub-section 20 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the quantity of automatic data processing equipment in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Bed Sheeting) Act 1977

Omit sub-section 19 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the quantity of bountiable bed sheeting in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Books) Act 1969.................

Omit sub-section 18 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the number of books produced during that financial year in respect of which bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Drilling Bits) Act 1980

Omit sub-section 20 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the number of bountiable drilling bits in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Injection-moulding Equipment) Act 1979

Omit sub-section 20 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth —

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the quantity of injection-moulding equipment in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Non-adjustable Wrenches) Act 1981

Omit sub-section 21 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

SCHEDULE 1—continued

Column 1

Column 2

Act

Amendment

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the number of the bountiable implements in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Paper) Act 1979.................

Omit sub-section 20 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the quantity of bountiable paper in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Penicillin) Act 1980...........

Omit sub-section 22 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year and the amount of bountiable penicillin in respect of which the bounty was paid; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Printed Fabrics) Act 1981

Omit sub-section 19 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth—

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year; and

(c) such other particulars (if any) as are prescribed.”.

Bounty (Textile Yarns) Act 1981

Omit sub-section 19 (1) and substitute the following sub-section:

“(1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which bounty is paid, furnish to the Minister a return setting forth

(a) the name and address of each person to whom bounty was paid in that financial year;

(b) the amount of bounty paid to each person in that financial year; and

(c) such other particulars (if any) as are prescribed.”.

 

SCHEDULE 2 Sub-section 72 (4)

AMENDMENTS OF CERTAIN OTHER BOUNTY ACTS

Column 1

Column 2

Act

Provision

Bounty (Agricultural Tractors) Act 1966.................................................

Sub-section 19 (1)

Bounty (Commercial Motor Vehicles) Act 1978......................................

Sub-section 20 (1)

Bounty (Metal-working Machine Tools) Act 1978...................................

Sub-section 19 (1)

Bounty (Refined Tin) Act 1980..................................................................

Sub-section 20 (1)

Bounty (Ships) Act 1980.............................................................................

Sub-section 18 (1)

Nitrogenous Fertilizers Subsidy Act 1966................................................

Sub-section 24 (1)

Phosphate Fertilizers Bounty Act 1963....................................................

Sub-section 21 (1)

 

SCHEDULE 3 Section 192

FORMAL AMENDMENTS OF THE PATENTS ACT 1952

Provision

Amendment

Section 6 (definition of “the Register”)

Omit “(1) of section 20”, substitute “20 (1)”.

Paragraph 48 (3) (d).........................

Omit “(a) of sub-section (1) of section 158”, substitute “158 (1) (a)”.

Sub-section 48 (4)............................

(a) Omit “(a) of sub-section (3)”, substitute “(3) (a)”.

(b) Omit “(c) of that sub-section”, substitute “(3) (c)”.

Sub-section 48 (5)............................

Omit “(e) of sub-section (3)”, substitute “(3) (e)”.

Sub-section 49a (12).......................

(a) Omit “(b) of sub-section (11)”, substitute “(11) (b)”.

(b) Omit “(d) of that sub-section”, substitute “(11) (d)”.

Sub-section 50a (1)..........................

Omit “(3) of section 50”, substitute “50 (3)”.

Sub-section 50a (2)..........................

Omit “(c) of sub-section (1)”, substitute “(1) (c)”.

Paragraph 52b (1) (d)......................

Omit “(b) and (c) of sub-section (2) of that section”, substitute “47a (2) (b) and (c)”.

Sub-section 52b (2)..........................

Omit “(b) of section 47C”, substitute “47C (b)”.

Paragraph 52c (2) (b)......................

Omit “(b) of sub-section (1) of section 35”, substitute “35 (1) (b)”.

Paragraph 52c (2) (c).......................

Omit “(3) of section 52a”, substitute “52a (3)”.

Paragraph 52c (2) (d)......................

Omit “(3) of section 52a”, substitute “52a (3)”.

Sub-section 52c (3)..........................

Omit “(3), (4) and (5) of section 48”, substitute “48 (3), (4) and (5)”.

Paragraph 52d (2) (b)......................

Omit “(3) of section 52a”, substitute “52a (3)”.

Sub-section 52d (4)..........................

(a) Omit “(3) of section 52a”, substitute “52a (3)”.

(b) Omit “(ii) of paragraph (b) of sub-section (2)”, substitute “(2) (b) (ii)”

Paragraph 52d (6) (a)......................

Omit “(b) of sub-section (2) of this section”, substitute “(2) (b)”.

Paragraph 52d (8) (b)......................

(a) Omit “(3) of section 52a”, substitute “52a (3)”.

(b) Omit “(b) of sub-section (2)”, substitute “(2) (b)”.

Sub-section 52d (10).......................

Omit “(4) of section 52”, substitute “52 (4)”.

Sub-section 54 (4)............................

Omit “(a) of sub-section (3) of section 48”, substitute “48 (3) (a)”.

Paragraph 54a (4) (e).......................

Omit “(i) of paragraph (a)”, substitute “(a) (i)”.

Paragraph 54a (4) (f).......................

Omit “(ii) of paragraph (a)”, substitute “(a) (ii)”.

Paragraph 54a (4) (g).......................

Omit “(i) of paragraph (b)”, substitute “(b) (i)”.

Paragraph 54a (4) (h)......................

Omit “(ii) of paragraph (b)”, substitute “(b) (ii)”.

SCHEDULE 3—continued

Provision

Amendment

Paragraph 54a (4) (j)............

Omit “(i) of paragraph (c)”, substitute “(c) (i)”.

Paragraph 54a (4) (k)...........

Omit “(ii) of paragraph (c)”, substitute “(c) (ii)”.

Paragraph 54a (4) (1)...........

Omit “(i) of paragraph (d)”, substitute “(d) (i)”.

Paragraph 54a (4) (m).........

Omit “(ii) of paragraph (d)”, substitute “(d) (ii)”.

Paragraph 54b (1) (f)...........

Omit “(3) of section 35”, substitute “35 (3)”.

Paragraph 54b (1) (g) ..........

Omit “(3) and (4) of section 143”, substitute “143 (3) and (4)”.

Paragraph 54b (2) (c)...........

Omit “(3) of section 35”, substitute “35 (3)”.

Paragraph 54b (2) (d)...........

Omit “(3) and (4) of section 143”, substitute “143 (3) and (4)”.

Sub-section 54c (1)..............

Omit “(9) of section 47e”, substitute “47e (9)”.

Section 56..............................

Omit “(3) of section 48”, substitute “48 (3)”.

Paragraph 57 (1) (b).............

Omit “(e), (f) or (g) of section 100”, substitute “100 (e), (f) or (g)”.

Paragraph 58b (4) (a)...........

Omit “(a) of sub-section (1)”, substitute “(1) (a)”.

Sub-section 58c (1)..............

(a) Omit “(c), (d), (e) and (f) of sub-section (1) of section 35”, substitute “35(l) (c), (d), (e) and (f)”.

(b) Omit “(2) of section 35”, substitute “35 (2)”.

(c) Omit “(a) or (b) of sub-section (1) of section 35”, substitute “35 (1) (a) or (b)”.

Sub-section 58c (2)..............

Omit “(1) or (2) of section 40”, substitute “40 (1) or (2)”.

Sub-section 58c (3)..............

Omit “(1a) or (2) of section 40”, substitute “40 (1a) or (2)”.

Paragraph 58c (9) (b)...........

Omit “(2) or (3) of section 58g”, substitute “58G (2) or (3)”.

Sub-section 58d (1)..............

Omit “(8) or (9) of section 58c”, substitute “58c (8) or (9)”.

Sub-section 58d (2)..............

Omit “(8) or (9) of section 58c”, substitute “58c (8) or (9)”.

Sub-section 58e (2)..............

(a) Omit “(c), (d), (e) and (f) of sub-section (1) of section 35”, substitute “35 (1) (c), (d), (e) and (f)”.

(b) Omit “(2) of section 35”, substitute “35 (2)”.

(c) Omit “(a) or (b) of sub-section (1) of section 35”, substitute “35 (1) (a) or (b)”.

Sub-section 58e (3)..............

Omit “(1) or (2) of section 40”, substitute “40 (1) or (2)”.

Sub-section 58e (4)..............

Omit “(1a) or (2) of section 40”, substitute “40 (1a) or (2)”.

Paragraph 58g (2) (b)..........

Insert “public” before “inspection”.

Paragraph 58j (a)..................

Omit “the” (first occurring).

Sub-section 59 (2)................

(a) Omit “(c) of sub-section (1)”, substitute “(1) (c)”.

(b) Omit “(d) of that sub-section”, substitute “(1) (d)”.

Sub-section 59 (2A)..............

Omit “(c) of sub-section (1)”, substitute “(1) (c)”.

Sub-section 60 (4)................

Omit “(c) of sub-section (1) of section 59”, substitute “59 (1) (c)”.

Paragraph 68b (2) (a)...........

Omit “(a) of section 68A”, substitute “68A (a)”.

Sub-section 68B (3)..............

(a) Omit “Patents”, substitute “Patent”.

(b) Omit “(b), (c), (d), (e), (f) and (g) of sub-section (1) of section 100”, substitute “100 (1) (a), (b), (c), (d), (e), (f) and (g)”.

Sub-sections 68b (5), (6) and (7) 

Omit “(b), (c), (d), (e), (f) and (g) of sub-section (1) of section 100”, substitute “100 (1) (b), (c), (d), (e), (f) and (g)”.

Sub-section 95 (3)................

Omit “(b) of sub-section (2)”, substitute “(2) (b)”.

Sub-section 100 (2)..............

Omit “(e) or (g) of sub-section (1)”, substitute “(1) (e) or (g)”.

Sub-section 100 (3)..............

Omit “(1) of sub-section (1)”, substitute “(1) (1)”.

Sub-section 110 (2)..............

Omit “(c) of sub-section (1)”, substitute “(1) (c)”.

Sub-section 112 (3)..............

Omit “(a) of sub-section (2)”, substitute “(2) (a)”.

Sub-section 126 (1)..............

Omit “(1) of 125”, substitute “ 125 (1)”.

Sub-section 142 (1)..............

Omit “(1) of section 141”, substitute “141 (1)”.

Sub-paragraph 151 (a) (ii)...

Omit “(4) of section 77 or sub-section (1) of section 106”, substitute “77 (4) or 106 (1)”.

Paragraph 158 (1) (j)............

Omit “(iv) of paragraph (i)”, substitute “(i) (iv)”.

 

SCHEDULE 3— continued

Provision

Amendment

Sub-section 158 (2)..............

Omit “(c), (d), (e) and (0 of sub-section (1)”, substitute “(1) (c), (d), (e) and (f)”

Paragraph 159b (1) (b).........

Omit “(1) or sub-section (3) of section 159a”, substitute “159a (1) or (3)”.

Sub-section 159b (2)............

Omit “(2) and (3) of section 54C”, substitute “54c (2) and (3)”.

Paragraph 159C (1) (b)........

Omit “(1) of section 57”, substitute “57 (1)”.

Sub-section 159c (2)............

(a) Omit “(2) of section 57”, substitute “57 (2)”.

(b) Omit “(b) of sub-section (1)”, substitute “(1) (b)”.

Sub-section 160 (8)..............

Omit “(1) of section 52b”, substitute “52b (1)”.

NOTES

1. No. 2, 1901, as amended. For previous amendments, see No. 4, 1916; No. 8, 1918; No. 23, 1930; No. 24, 1932; No. 10, 1937; No. 7, 1941; No. 78, 1947; No. 79, 1948; No. 80, 1950; No. 69, 1957; No. 19, 1963; No. 52, 1964; No. 93, 1966 (as amended by No. 3, 1967); No. 79, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 37 and 144, 1976; No. 35, 1978; No. 1, 1980; and No. 61, 1981.

2. No. 91, 1975, as amended. For previous amendments, see Nos. 60, 89, 91, 157, 162, 163 and 209, 1976; Nos. 30, 57, 58 and 111, 1977; Nos. 65 and 109, 1978; Nos. 19 and 143, 1979; No. 110, 1980; and Nos. 19 and 61, 1981.

3. No. 76, 1972, as amended. For previous amendments, see No. 131, 1974; and Nos. 91 and 92, 1976.

4. No. 60, 1933, as amended. For previous amendments, see No. 11, 1938; No. 216, 1973; and No. 59, 1978.

5. No. 4, 1901, as amended. For previous amendments, see No. 8, 1906; No. 4, 1909; No. 6, 1912; No. 32, 1917; No. 23, 1920; No. 34, 1924; No. 18, 1926; No. 45, 1934; No. 52, 1947; No. 60, 1948; No. 51, 1950; No. 79, 1952; No. 12, 1953; No. 29, 1954; No. 18, 1955; No. 39, 1957; No. 8, 1959; Nos. 17 and 77, 1960; No. 89, 1961; No. 74, 1962; No. 75, 1964; No. 126, 1965; No. 93, 1966; No. 120, 1968; No. 20, 1969; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; No. 36, 1978; Nos. 8 and 155, 1979; No. 74 1981; and No. 176, 1981.

6. No. 42, 1954, as amended. For previous amendments, see No. 35, 1957; No. 20, 1963; and No. 216, 1973.

7. No. 34, 1933, as amended. For previous amendments, see No. 27, 1935; No. 57, 1945; No. 52, 1947; No. 65, 1948; Nos. 51 and 80, 1950; Nos. 17 and 36, 1955; No. 47, 1956; No. 34, 1957; No. 43, 1958; No. 51, 1959; No. 110, 1960; No. 109, 1964; No. 92, 1965; Nos. 8 and 93, 1966; No. 156, 1968; No. 40, 1969; Nos. 13 and 98, 1971; No. 216, 1973; Nos. 37 and 158, 1976; No. 3, 1978; and No. 61, 1981.

8. No. 41, 1956, as amended. For previous amendments, see No. 87, 1962; No. 88, 1964; No. 4, 1966; No. 145, 1968; No. 55, 1969; No. 216, 1973; No. 83, 1974; No. 153, 1977; No. 36, 1978; and No. 39, 1980.

9. No. 177, 1981.

10. No. 41, 1958, as amended. For previous amendments, see No. 9, 1959; No. 21, 1963; No. 131, 1965; No. 93, 1966; No. 216, 1973; and No. 174, 1980.

11. No. 34, 1955, as amended. For previous amendments, see No. 89, 1956; No. 67, 1958; No. 22, 1963; No. 93, 1966; No. 216, 1973; No. 56, 1975; and No. 6, 1979.

12. No. 13, 1972, as amended. For previous amendments, see No. 98, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 23, 1976; No. 26, 1977; No. 177, 1980; and Nos. 5, 61 and 74, 1981.

13. No. 89, 1981, as amended. For previous amendments, see No. 153, 1981.

 

NOTES—continued

14. No. 64, 1980, as amended. For previous amendments, see Nos. 2, 94 and 153, 1981.

15. No. 62, 1972, as amended. For previous amendments, see No. 216, 1973; No. 91, 1976; No. 155, 1979; and No. 70, 1980.

16. No. 63, 1968, as amended. For previous amendments, see No. 216, 1973; No. 91, 1976; No. 160, 1977; No. 19, 1979; No. 154, 1980; and Nos. 42, 61 and 113, 1981.

17. No. 58, 1969, as amended. For previous amendments, see No. 216, 1973; and No. 79, 1981.

18. No. 16, 1967, as amended. For previous amendments, see No. 69, 1972; No. 216, 1973; Nos. 37 and 91, 1976; No. 155, 1979; and Nos. 41 and 70, 1980.

19. No. 164, 1974, as amended. For previous amendments, see No. 36, 1975; and No. 61, 1981.

20. No. 32, 1978.

21. No. 156, 1976, as amended. For previous amendments, see Nos. 19 and 87, 1979; and No. 61,1981.

22. No. 7, 1953, as amended. For previous amendments, see No. 36, 1957; No. 23, 1963; and No. 216, 1973.

23. No. 112, 1980, as amended. For previous amendments, see No. 176, 1980.

24. No. 6, 1903, as amended. For previous amendments, see No. 5, 1906; No. 8, 1907; No. 34, 1910; No. 31, 1912; No. 11, 1914; No. 4, 1915; No. 38, 1920; No. 39, 1926; No. 9, 1927; No. 60, 1932; Nos. 34 and 65, 1933; No. 45, 1934; No. 5, 1937; No. 43, 1939; No. 50, 1940; No. 10, 1946; No. 52, 1947; No. 65, 1948; Nos. 51 and 80, 1950; Nos. 17 and 35, 1955; No. 50, 1959; Nos. 32 and 109, 1960; No. 91, 1965; Nos. 55 and 93, 1966; No. 134, 1968; No. 39, 1969; No. 216, 1973 (as amended by No. 20, 1974); No. 164, 1976; No. 36, 1978; Nos. 19, 86 and 138, 1979; and No. 61, 1981.

25. No. 86, 1981.

26. No. 25, 1979, as amended. For previous amendments, see No. 20, 1981.

27. No. 147, 1974, as amended. For previous amendments, see No. 91, 1976; No. 100, 1977; No. 118, 1980, and No. 118, 1981.

28. No. 2, 1952, as amended. For previous amendments, see No. 29, 1956; No. 19, 1959; No. 70, 1964; No. 93, 1966; No. 101, 1968; No. 22, 1970; No. 14, 1973; and No. 216 1973.

29. No. 42, 1952, as amended. For previous amendments, see No. 14, 1954; No. 3, 1955; No. 107, 1960; No. 84, 1962; No. 93, 1966; No. 34, 1969; No. 216, 1973 (as amended by No. 20, 1974); Nos. 91 and 162, 1976; No. 131, 1978; Nos. 9, 19 and 188, 1979; and No. 176, 1981.

30. No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29

NOTES— continued

and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80, 1977; No. 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; and No. 61, 1981.

31. No. 14, 1973, as amended. For previous amendments, see No. 203, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 8, 1975; Nos. 83, 170 and 182, 1976; Nos. 81 and 111, 1977; No. 166, 1978; No. 140, 1979; No. 164, 1980; and No. 121, 1981.

32. No. 12, 1902, as amended. For previous amendments, see No. 4, 1912; No. 1, 1933; No. 93, 1966; No. 216, 1973; No. 36, 1978; and No. 19, 1979.

33. No. 25, 1910, as amended. For previous amendments, see No. 9, 1927; No. 44, 1928; No. 2, 1930; No. 9, 1931; No. 4, 1933; No. 86, 1939: No. 14, 1940; No. 10, 1947; No. 70, 1955; No. 90, 1959; No. 24, 1963; No. 111, 1965; No. 90, 1970; No. 38, 1972; No. 216, 1973; No. 40, 1978.

34. No. 66, 1980, as amended. For previous amendments, see Nos. 3, 96 and 153, 1981.

35. No. 176, 1981.

36. No. 61, 1981.

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