Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 (Cth)

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Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

No. 80 of 1982

TABLE OF PARTS

Part I—Preliminary

Part II—Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-Management) Act 1978

Part III—Aboriginal Councils and Associations Act 1976

Part IV—Aboriginal Land Rights Legislation Amendment Act 1982

Part V—Aboriginal Land Rights (Northern Territory) Act 1976

Part VI—Acts Interpretation Act 1901

Part VII—Audit Act 1901

Part VIII—Australian Apple and Pear Corporation Act 1973

Part IX—Australian Capital Territory Electricity Supply Act 1962

Part X—Australian Dried Fruits Corporation Act 1978

Part XI—Australian Federal Police Act 1979

Part XII—Banking Act 1959

Part XIII—Bounty (Books) Act 1969

Part XIV—Bounty (Textile Yarns) Act 1981

Part XV—Chicken Meat Research Act 1969

Part XVI—Commonwealth Electoral Act 1918

Part XVII—Commonwealth Places (Application of Laws) Act 1970

Part XVIII—Commonwealth Prisoners Act 1967

Part XIX—Companies Act 1981

Part XX—Companies (Miscellaneous Amendments) Act 1981

Part XXI—Conciliation and Arbitration Act 1972

Part XXII—Crimes Act 1914

Part XXIII—Crimes at Sea Act 1979

Part XXIV—Customs Tariff 1966

Part XXV—Dairy Industry Stabilization Act 1977

Part XXVI—Dairying Research Act 1972

Part XXVII—Darwin Cyclone Damage Compensation Act 1975

Part XXVIII—Defence Act 1903

Part XXIX—Defence Amendment Act 1979

 

TABLE OF PARTS—continued

Part XXX—Defence Service Homes Act 1918

Part XXXI—Dried Vine Fruits Equalization Act 1978

Part XXXII—Egg Export Control Act 1947

Part XXXIII—Excise Tariff Act 1921

Part XXXIV—Explosives Act 1961

Part XXXV—Glebe Lands (Appropriation) Act 1974

Part XXXVI—Great Barrier Reef Marine Park Act 1975

Part XXXVII—Handicapped Persons Assistance Act 1974

Part XXXVIII—Home Deposit Assistance Act 1982

Part XXXIX—Homeless Persons Assistance Act 1974

Part XL—Homes Savings Grant Act 1964

Part XLI—Homes Savings Grant Act 1976

Part XLII—Honey Industry Act 1962

Part XLIII—Honey Levy Collection Act 1962

Part XLIV—Industrial Research and Development Incentives Act 1976

Part XLV—Live-stock Slaughter Levy Collection Act 1964

Part XLVI—Meat Chicken Levy Collection Act 1969

Part XLVII—National Labour Consultative Council Act 1977

Part XLVIII—Navigation Act 1912

Part XLIX—Norfolk Island Act 1979

Part L—Northern Territory Railway Extension Act 1971

Part LI—Nursing Homes Assistance Act 1974

Part LII—Overseas Telecommunications Act 1946

Part LIII—Parliament House Construction Authority Act 1979

Part LIV—Petroleum (Submerged Lands) Act 1967

Part LV—Pig Industry Research Act 1971

Part LVI—Pig Meat Promotion Act 1975

Part LVII—Postal Services Act 1975

Part LVIII—Poultry Industry Assistance Act 1965

Part LIX—Poultry Industry Levy Collection Act 1965

Part LX—Public Accounts Committee Act 1951

Part LXI—Public Service Act 1922

Part LXII—Public Works Committee Act 1969

Part LXIII—Re-establishment and Employment Act 1945

Part LXIV—Removal of Prisoners (Australian Capital Territory) Act 1968

Part LXV—Representation Act 1905

Part LXVI—Science and Industry Research Act 1949

Part LXVII—Seamen’s Compensation Act 1911

Part LXVIII—Seat of Government (Administration) Act 1910

Part LXIX—States Grants (Petroleum Products) Act 1965

Part LXX—Statute Law (Miscellaneous Amendments) Act 1981

Part LXXI—Statute Law (Miscellaneous Amendments) Act (No. 1) 1982

Part LXXII—Statute Law Revision Act 1981

Part LXXIII—Telecommunications Act 1975

Part LXXIV—Territory Authorities (Financial Provisions) Act 1978

Part LXXV—Therapeutic Goods Act 1966

Part LXXVI—Trade Practices Act 1974

Part LXXVII—Administrative Arrangements Amendments

SCHEDULES

Schedule 1—Formal Amendments of the Explosives Act 1961

Schedule 2—Amendments of the Home Deposit Assistance Act 1982

Schedule 3—Amendments of the Homes Savings Grant Act 1964

Schedule 4—Amendments of the Homes Savings Grant Act 1976

Schedule 5—New Schedule 5a to the Navigation Act 1912

Schedule 6—New Schedule 6a to the Navigation Act 1912

Schedule 7—Further Amendments of the Navigation Act 1912

Schedule 8—Further Amendments of the Parliament House Construction Authority Act 1979

Schedule 9—Formal Amendments of the Petroleum (Submerged Lands) Act 1967

Schedule 10—Amendment of Schedule 2 to the Petroleum (Submerged Lands) Act 1967

Schedule 11—New Schedules 2 and 3 to the Public Service Act 1922

Schedule 12—Amendments of Certain Acts

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

No. 80 of 1982

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

[Assented to 22 September 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. 2) 1982.

Commencement

2. (1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(2) Part IV and sections 12 and 13 shall be deemed to have come into operation on 15 April 1982.

(3) Part IX shall be deemed to have come into operation on 13 August 1982.

(4) Parts XII and XIX shall come into operation on such respective dates as are fixed by Proclamation.

(5) Part XIV shall be deemed to have come into operation on 22 July 1981.

(6) Part XVII, Division 2 of Part XVIII and Parts XXII, XXIII and LXIV shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 8 of the Crimes Amendment Act 1982.

(7) Division 1 of Part XVIII shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 7 of the Crimes Amendment Act 1982.

(8) Parts XX and LXXIV shall be deemed to have come into operation on 1 July 1982.

(9) Part XXI shall be deemed to have come into operation on 2 June 1972.

(10) Section 178 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Protocol amending the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957 enters into force for Australia.

(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982.

(12) Section 196 and Parts LVII and LXXIII shall come into operation on the date of commencement of the Petroleum (Submerged Lands) Amendment Act 1980, or the day on which this Act receives the Royal Assent, whichever is the later.

(13) Part LX shall be deemed to have come into operation on 4 December 1979.

(14) Part LXX shall be deemed to have come into operation on 30 December 1981.

(15) Part LXXII shall be deemed to have come into operation on 12 June 1981.

(16) 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 ABORIGINAL AND TORRES STRAIT ISLANDERS (QUEENSLAND RESERVES AND COMMUNITIES SELF-MANAGEMENT) ACT 1978

Principal Act

3. The Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 19781 is in this Part referred to as the Principal Act.

Power of Councils for Reserves and Communities to which this Act applies to make by-laws

4. Section 10 of the Principal Act is amended—

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

“(5) Where the Minister approves any by-laws, he shall—

(a) cause the by-laws to be notified in the Gazette; and

(b) cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of his approval.

“(5a) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.”; and

(b) by omitting sub-section (7) and substituting the following sub-section:

“(7) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.”.

PART III—AMENDMENTS OF ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

Principal Act

5. The Aboriginal Councils and Associations Act 19762 is in this Part referred to as the Principal Act.

Establishment of Aboriginal Council

6. Section 19 of the Principal Act is amended by omitting from sub-paragraph (3) (d) (ii) “mortage” and substituting “mortgage”.

By-laws

7. Section 30 of the Principal Act is amended by omitting sub-sections (5), (6) and (7) and substituting the following sub-sections:

“(5) Where the Minister approves any by-laws, he shall—

 

(a) cause the by-laws to be notified in the Gazette; and

(b) cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of his approval.

“(6) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified.

“(7) If a copy of any by-laws is not laid before each House of the Parliament in accordance with sub-section (5), the by-laws shall be void and of no effect.

“(7a) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.”.

Order with respect to disposable estate or interest

8. Section 78 of the Principal Act is amended by omitting sub-section (5).

9. After section 78 of the Principal Act the following section is inserted:

Certain transfers and dealings void

“78a. (1) A purported transfer of, or other dealing with, an estate or interest in land held by an Aboriginal corporation is void and of no effect unless the transfer or other dealing is a prescribed transfer or dealing.

“(2) In sub-section (1), ‘prescribed transfer or dealing’ means—

(a) a transfer of, or other dealing with, a disposable estate or interest;

(b) in the case of an estate or interest in land held by an Aboriginal Council, other than a disposable estate or interest—

(i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 19 (3) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or

(ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as mentioned in paragraph 29 (b) to the giving of the mortgage, charge or other security; and

(c) in the case of an estate or interest in land held by an Incorporated Aboriginal Association, other than a disposable estate or interest—

(i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 46 (1) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or

(ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as

mentioned in paragraph 51 (b) to the giving of the mortgage, charge or other security.”.

PART IV—AMENDMENT OF ABORIGINAL LAND RIGHTS LEGISLATION AMENDMENT ACT 1982

Principal Act

10. The Aboriginal Land Rights Legislation Amendment Act 19823 is in this Part referred to as the Principal Act.

Recommendations for grants of Crown land, other than that described in Schedule 1

11. Section 7 of the Principal Act is amended by omitting paragraph (1) (f) and substituting the following paragraph:

“(f) by inserting in sub-section (3) ‘, (1ab) or (1ad)’ after ‘(1)’; and”.

PART V—AMENDMENTS OF ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976

Principal Act

12. The Aboriginal Land Rights (Northern Territory) Act 19764 is in this Part referred to as the Principal Act.

Recommendations for grants of Crown land, other than that described in Schedule 1

13. Section 11 of the Principal Act is amended by omitting from paragraph (1) (d) “aquired” and substituting “acquired”.

Proclamations to be laid before Houses of Parliament

14. Section 42 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 paragraph (4) (b) “first-mentioned” before “House”; and

(c) by inserting in sub-section (4) “first-mentioned” before “House” (second-last and last occurring).

PART VI—AMENDMENT OF ACTS INTERPRETATION ACT 1901

Principal Act

15. The Acts Interpretation Act 19015 is in this Part referred to as the Principal Act.

 

Constitutional and official definitions

16. Section 17 of the Principal Act is amended by inserting after paragraph (i) the following paragraph:

“(ia) ‘The Department’ means the Department of State of the Commonwealth that is administered by the Minister for the time being administering the Act or enactment in which or in respect of which the expression is used or, if, for the time being, different Ministers are administering that Act or enactment in different respects, the Department of State of the Commonwealth that is administered by the Minister administering that Act or enactment in the relevant respect;”.

PART VII—AMENDMENTS OF AUDIT ACT 1901

Principal Act

17. The Audit Act 19016 is in this Part referred to as the Principal Act.

Investment of moneys standing to credit of Trust Fund

18. Section 62b of the Principal Act is amended—

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

“(aa) in any securities of a government authority;

(ab) on loan to an authorized dealer;”;

(b) by omitting from paragraph (1) (b) “or”;

(c) by inserting after paragraph (1) (b) the following paragraphs:

“(ba) in certificates of deposit issued by a savings bank or a trading bank;

(bb) in clean bills of exchange;”;

(d) by adding at the end of sub-section (1) the following word and paragraph:

“; or (d) in any other form of investment approved by the Minister for the purposes of this sub-section.”;

(e) by omitting from sub-section (2) “securities or deposits taken or” and substituting “investment”;

(f) by omitting from sub-section (2) “taken or”; and

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

“(4) In this section—

‘authorized dealer’ means a corporation that is an authorized dealer in the short-term money market as defined by sub-regulation 5 (1) of the Banking (Savings Banks) Regulations as amended and in force from time to time under the Banking Act 1959;

‘clean bill of exchange’ means a bill of exchange that—

(a) has been accepted by a trading bank;

(b) has been indorsed by a trading bank or trading banks; and

 

(c) has not been indorsed by any person other than a trading bank;

‘government authority’ means a public authority constituted by or under a law of the Commonwealth, of a State or of a Territory and includes a municipal corporation or other local government body.”.

PART VIII—AMENDMENT OF AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973

Principal Act

19. The Australian Apple and Pear Corporation Act 19737 is in this Part referred to as the Principal Act.

20. Section 17 of the Principal Act is repealed and the following section is substituted:

Deputies of members

“17. (1) The Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of a member other than the Chairman or the member representing the Commonwealth.

“(2) The Minister may appoint a person to be the deputy of the member representing the Commonwealth.

“(3) The Minister may, at any time, revoke the appointment of a person as the deputy of a member and shall revoke such an appointment if the deputy fails, without reasonable excuse, to comply with his obligations under section 22.

“(4) The deputy of a member may resign his office by writing signed by him and delivered to the Minister.

“(5) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Corporation, to attend that meeting and, when so attending, shall be deemed to be a member of the Corporation.

“(6) The appointment of a person as the deputy of a member is not invalidated, and shall not be called into question, by reason of a defect or irregularity in or in connection with his appointment.”.

PART IX—AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY ELECTRICITY SUPPLY ACT 1962

Principal Act

21. The Australian Capital Territory Electricity Supply Act 19628 is in this Part referred to as the Principal Act.

 

Constitution of Authority

22. Section 6 of the Principal Act is amended by omitting from sub-section (11) “the President” and substituting “the Speaker”.

PART X—AMENDMENT OF AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978

Principal Act

23. The Australian Dried Fruits Corporation Act 19789 is in this Part referred to as the Principal Act.

24. Section 18 of the Principal Act is repealed and the following section is substituted:

Deputies of members

“18. (1) The Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of a member other than the Chairman or the member representing the Commonwealth.

“(2) The Minister may appoint a person to be the deputy of the member representing the Commonwealth.

“(3) The Minister may, at any time, revoke the appointment of a person as the deputy of a member and shall revoke such an appointment if the deputy fails, without reasonable excuse, to comply with his obligations under sub-section 22 (3) or (5).

“(4) The deputy of a member may resign his office by writing signed by him and delivered to the Minister.

“(5) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Corporation, to attend that meeting and, when so attending, shall be deemed to be a member of the Corporation.

“(6) The appointment of a person as the deputy of a member is not invalidated, and shall not be called into question, by reason of a defect or irregularity in or in connection with his appointment.”.

PART XI—AMENDMENTS OF AUSTRALIAN FEDERAL POLICE ACT 1979

Principal Act

25. The Australian Federal Police Act 197910 is in this Part referred to as the Principal Act.

 

Absence, &c., of Commissioner or Deputy Commissioner

26. Section 19 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) The Minister may determine the remuneration and allowances of a person who is, in accordance with sub-section (1), exercising the powers and performing the functions and duties of the Commissioner or the Deputy Commissioner, but a person is not entitled to be paid remuneration or allowances under this section except in respect of the exercise by him of the powers, and the performance by him of the functions and duties, of the Commissioner or the Deputy Commissioner, as the case may be, for a period of at least one week.”.

Appointment of former narcotics officers to be members

27. Section 26a of the Principal Act is amended—

(a) by omitting from sub-section (2) “sections 25 and 73” and substituting “section 25”; and

(b) by omitting from sub-section (3) “sections 26 and 73” and substituting “section 26”.

28. (1) Section 28 of the Principal Act is repealed and the following section is substituted:

Undertakings and oaths or affirmations

“28. (1) A Deputy Commissioner appointed under section 17, or a person appointed under paragraph 25 (1) (a) or 26 (1) (a) or section 27, shall, immediately after his appointment, enter into an undertaking, in accordance with the prescribed form, relating to the performance of his duties.

“(2) A person appointed under Division 1 shall, before commencing to perform his duties, make and subscribe, before a person authorized by the Minister, such oath or affirmation as is prescribed.

“(3) A person appointed under paragraph 25 (1) (a) to be a commissioned officer in a component or appointed under paragraph 26 (1) (a) to be a non-commissioned officer in a component shall, in accordance with the regulations, make and subscribe, before a person authorized by the Minister, such oath or affirmation as is prescribed in relation to that component.

“(4) Subject to sub-section (6), where a person who is a commissioned officer in a component is promoted under paragraph 25 (1) (b) or transferred under paragraph 25 (1) (c) to a commissioned rank in the other component, he shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that other component.

“(5) Subject to sub-section (6), where a person who is a non-commissioned officer in a component is promoted under paragraph 26 (1) (b) or transferred under paragraph 26 (1) (c) to a non-commissioned rank in the other component, he shall, in accordance with the regulations, make and subscribe,

before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that other component.

“(6) A person promoted or transferred to a rank in a component as mentioned in sub-section (4) or (5) is not required to make and subscribe an oath or affirmation as mentioned in that sub-section if—

(a) at any time before his promotion or transfer, he held a rank in that component; and

(b) he has been a member at all times since he last ceased to hold a rank in that component.

“(7) A person appointed under section 27 to assist in the performance of the functions of a component shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that component.

“(8) In this section, ‘appoint’ does not include promote or transfer.”.

(2) Where, at any time before the commencement of this section, a person was appointed, promoted or transferred under the Australian Federal Police Act 1979, that appointment, promotion or transfer shall not be taken to have been, or to be, invalid, and shall not be called into question, by reason of a failure by that person to enter into an undertaking, or to make or subscribe an oath or affirmation, as required by section 28 of the Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section.

(3) The validity of anything done by a person in the performance of his duties as a member of the Australian Federal Police shall not be called into question by reason of a failure by that person to enter into an undertaking, or to make or subscribe an oath or affirmation, as required by section 28 of the Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section.

Minister to obtain advice

29. Section 32 of the Principal Act is amended by inserting “Employment and” before “Industrial Relations”.

Preference for certain appointments

30. Section 73 of the Principal Act is amended—

(a) by inserting in sub-section (1) “26a or” after “section”; and

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

“(b) was—

(i) a member of an existing Police Force immediately before the commencement date; or

 

(ii) an officer of the Australian Public Service to whom section 26a applied;”.

PART XII—AMENDMENTS OF BANKING ACT 1959

Principal Act

31. The Banking Act 195911 is in this Part referred to as the Principal Act.

32. After Part II of the Principal Act the following Part is inserted:

“PART IIa—BANK MERGERS

Operation of certain State and Territory laws relating to bank mergers

“38a. (1) Any law of the Commonwealth with which a provision of a law of a State or Territory referred to in the Third Schedule would, but for this sub-section, be inconsistent has effect subject to that provision, or shall be deemed to have had effect subject to that provision, as the case may be, on and from the day that is the prescribed day in relation to that provision.

“(2) Without prejudice to its effect apart from this sub-section, each provision of a law of a State or Territory referred to in the Third Schedule has, or shall be deemed to have had, as the case may be, by force of this sub-section, on and from the day that is the prescribed day in relation to that provision, the effect that it would have, or would have had, if that law bound the Crown in right of the Commonwealth, of the Northern Territory and of Norfolk Island.

“(3) If, at any time after the commencement of this Part, a law of a State or Territory is passed or made for the purpose of, or for the purpose of making provision consequent upon or in relation to, the merger of 2 or more bodies corporate that carry on the general business of banking, the Treasurer may, in his discretion, by writing signed by him and published in the Gazette, declare that law to be a law to which this sub-section applies.

“(4) Where a declaration is made under sub-section (3) in relation to a law of a State or Territory—

(a) any law of the Commonwealth with which a provision of that law of a State or Territory would, but for this paragraph, be inconsistent has effect, subject to that provision, or shall be deemed to have had effect subject to that provision, as the case may be, on and from the day that is the prescribed day in relation to that provision; and

(b) without prejudice to its effect apart from this paragraph, each provision of that law of a State or Territory has, or shall be deemed to have had, as the case may be, by force of this paragraph, on and from the day that is the prescribed day in relation to that provision, the

 

effect that it would have, or would have had, if that law bound the Crown in right of the Commonwealth, of the Northern Territory and of Norfolk Island.

“(5) A reference in this section to the prescribed day in relation to a provision of a law of a State or Territory is a reference to the day on which that provision comes or came into operation.”.

Addition of Schedule

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

“THIRD SCHEDULE

The Commercial Bank of Australia Limited (Merger) Act, 1982 of New South Wales

The Commercial Banking Company of Sydney Limited (Merger) Act, 1982 of New South Wales

The Commercial Bank of Australia Limited (Merger) Act 1982 of Victoria

The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Victoria

Commercial Bank of Australia Limited Merger Act 1982 of Queensland

Commercial Banking Company of Sydney Limited Merger Act 1982 of Queensland

The Commercial Bank of Australia Limited (Merger) Act, 1982 of South Australia

The Commercial Banking Company of Sydney Limited (Merger) Act, 1982 of South Australia

The Commercial Bank of Australia Limited (Merger) Act 1982 of Western Australia

The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Western Australia

Commercial Bank of Australia Limited (Merger) Act 1982 of Tasmania

Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Tasmania

The Commercial Bank of Australia Limited (Merger) Act 1982 of the Northern Territory

The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of the Northern Territory

The Commercial Bank of Australia Limited (Merger) Ordinance 1982 of the Australian Capital Territory

The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982 of the Australian Capital Territory”

 

PART XIII—AMENDMENT OF BOUNTY (BOOKS) ACT 1969

Principal Act

34. The Bounty (Books) Act 196912 is in this Part referred to as the Principal Act.

Return for Parliament

35. Section 18 of the Principal Act is amended by inserting in paragraph (1) (b) “the amount of bounty paid to each person in that financial year and” before “the number”.

PART XIV—AMENDMENT OF BOUNTY (TEXTILE YARNS) ACT 1981

Principal Act

36. The Bounty (Textile Yarns) Act 198113 is in this Part referred to as the Principal Act.

Appointment of authorized officers

37. Section 14 of the Principal Act is amended by omitting from sub-section (2) “of Business and Consumer Affairs”.

Offences

38. Section 18 of the Principal Act is amended by omitting from sub-section (7) “section 7” and substituting “section 8”.

PART XV—AMENDMENTS OF CHICKEN MEAT RESEARCH ACT 1969

Principal Act

39. The Chicken Meat Research Act 196914 is in this Part referred to as the Principal Act.

Constitution of Committee

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

(a) by omitting from paragraph (1) (e) “of Primary Industry”; and

(b) by omitting from paragraph (2) (b) “a period of three years” and substituting “such period, not exceeding 3 years, as is specified in their respective instruments of appointment”.

(2) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Committee who was appointed before the commencement of this Part.

 

Chairman of Committee

41. Section 10 of the Principal Act is amended by omitting “of Primary Industry”.

PART XVI—AMENDMENTS OF COMMONWEALTH ELECTORAL ACT 1918

Principal Act

42. The Commonwealth Electoral Act 191815 is in this Part referred to as the Principal Act.

Use of licensed premises as polling booth

43. Section 100 of the Principal Act is amended—

(a) by omitting “No part” and substituting “Subject to sub-section (2), no part”; and

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

“(2) Premises may be used for the purpose of a polling booth notwithstanding that the premises are, or any part of the premises is, licensed for the sale of intoxicating liquor if the Chief Australian Electoral Officer declares, by writing under his hand, that he is satisfied that no intoxicating liquor will be available for sale in any part of those premises during the hours of polling on polling day.”.

Power to make Rules of Court

44. Section 202 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-section:

“(2) 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.”.

PART XVII—AMENDMENTS OF COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970

Principal Act

45. The Commonwealth Places (Application of Laws) Act 197016 is in this Part referred to as the Principal Act.

Schedule

46. The Schedule to the Principal Act is amended—

(a) by inserting “, 17a” after “17”;

(b) by inserting “, 20aa, 20ab, 20ac” after “20a”; and

(c) by inserting “, 21aa” after “21a”.

 

PART XVIII—AMENDMENTS OF COMMONWEALTH PRISONERS ACT 1967

Division 1—Amendment consequential on section 7, Crimes Amendment Act 1982

Principal Act

47. The Commonwealth Prisoners Act 196717 is in this Division referred to as the Principal Act.

Fixing of minimum term of imprisonment

48. Section 4 of the Principal Act is amended by omitting from sub-section (5) “Notwithstanding sub-section (1) of section 19 of the Crimes Act 1914-1966” and substituting “Notwithstanding sub-sections (1) and (4) of section 19 of the Crimes Act 1914”.

Division 2—Amendment consequential on section 8, Crimes Amendment Act 1982

Principal Act

49. The Commonwealth Prisoners Act 196717 is in this Division referred to as the Principal Act.

Exercise of Royal prerogative of mercy and operation of other Commonwealth laws or Territory laws

50. Section 22 of the Principal Act is amended by omitting from paragraph (b) “section 17, section 19a or section 20 of the Crimes Act 1914-1966” and substituting “section 17, 19a, 20 or 20ab of the Crimes Act 1914”.

PART XIX—AMENDMENTS OF COMPANIES ACT 1981

Principal Act

51. The Companies Act 198118 is in this Part referred to as the Principal Act.

Interpretation

52. Section 5 of the Principal Act is amended—

(a) by omitting “or” from paragraph (c) of the definition of “corporation” in sub-section (1); and

(b) by adding at the end of the definition of “corporation” in sub-section (1) the following word and paragraph:

“or (e) a corporation constituted under the Unit Titles Ordinance 1970;”.

Publication of name, &c., of recognized company or recognized foreign company

53. Section 509 of the Principal Act is amended—

 

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

“(2) There shall appear in legible characters on every relevant negotiable instrument of a recognized company or recognized foreign company (other than a banking corporation) that is issued or signed in the Territory the name of the recognized company or recognized foreign company and, if default is made in complying with this sub-section, the recognized company or recognized foreign company is guilty of an offence.

Penalty: $1,000.

“(3) If an officer of a recognized company or recognized foreign company, or any other person—

(a) on behalf of the recognized company or recognized foreign company, issues or publishes in the Territory, or authorizes the issue or publication in the Territory of, any relevant document of the recognized company or recognized foreign company that does not comply with the requirements of sub-section (1); or

(b) signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the recognized company or recognized foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2),

he is guilty of an offence.

Penalty: $1,000.

“(3a) If an officer of a recognized company or a recognized foreign company, or any other person, signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the recognized company or recognized foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is liable to the holder of the relevant negotiable instrument for the amount due on it unless that amount is paid by the recognized company or the recognized foreign company, as the case may be.”; and

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

“(5) In this section—

‘relevant document’, in relation to a recognized company or a recognized foreign company, means a business letter, statement of account, invoice, receipt, order for goods, order for services, official notice or publication of, or purporting to be issued or signed by or on behalf of, the recognized company or recognized foreign company;

‘relevant negotiable instrument’, in relation to a recognized company or a recognized foreign company, means a bill of exchange, promissory note, cheque or other negotiable instrument, indorsement on, or order in, a bill of exchange,

promissory note, cheque or other negotiable instrument, or a letter of credit of, or purporting to be issued or signed by or on behalf of, the recognized company or recognized foreign company.”.

Publication of name, &c, of foreign company

54. Section 517 of the Principal Act is amended—

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

“(2) There shall appear in legible characters on every relevant negotiable instrument of a foreign company (other than a banking corporation) that is issued or signed in the Territory the name of the foreign company and, if default is made in complying with this sub-section, the foreign company is guilty of an offence.

Penalty: $1,000.

“(3) If an officer of a foreign company, or any other person—

(a) on behalf of the foreign company, issues or publishes in the Territory, or authorizes the issue or publication in the Territory of, any relevant document of the foreign company that does not comply with the requirements of sub-section (1); or

(b) signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2),

he is guilty of an offence.

Penalty: $1,000.

“(3a) If an officer of a foreign company, or any other person, signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is liable to the holder of the relevant negotiable instrument for the amount due on it unless that amount is paid by the foreign company.”; and—

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

“(5) In this section—

‘relevant document’, in relation to a foreign company, means a business letter, statement of account, invoice, receipt, order for goods, order for services, official notice or publication of, or purporting to be issued or signed by or on behalf of, the foreign company;

‘relevant negotiable instrument’, in relation to a foreign company, means a bill of exchange, promissory note, cheque or other negotiable instrument, indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable

instrument, or a letter of credit of, or purporting to be issued or signed by or on behalf of, the foreign company.”.

55. Section 581 of the Principal Act is repealed and the following section is substituted:

Operation of certain Ordinances

“581. (1) Section 377 has effect as provided by section 39 of the Workmen’s Compensation Supplementation Fund Ordinance 1980 in relation to the liquidator of a corporation that is an insurer within the meaning of that Ordinance.

“(2) Subdivision C of Division 4 of Part XII has effect subject to section 40 of the Workmen’s Compensation Supplementation Fund Ordinance 1980.

“(3) This Act has effect subject to section 24 of the Trustee Companies Ordinance 1947.”.

PART XX—AMENDMENT OF COMPANIES (MISCELLANEOUS AMENDMENTS) ACT 1981

Principal Act

56. The Companies (Miscellaneous Amendments) Act 198119 is in this Part referred to as the Principal Act.

57. Section 18 of the Principal Act is repealed and the following section is substituted:

“18. The Principal Act is amended by adding at the end of Part III the following Division:

‘Division 11Registration of Transfers of Marketable Securities by Companies

Transfer of marketable securities not to be registered unless duly stamped

‘58g. A transfer of a share in the capital of, or a debenture of, a company shall not be registered, recorded or entered in the books of the company unless the instrument of transfer—

(a) bears a statement in respect of the sale or purchase to which the transaction relates, made in accordance with section 52 of this Act or in accordance with a provision of a law of a State or another Territory relating to stamp duty, to the effect that stamp duty, if payable, has been or will be paid;

(b) has been duly stamped for the purposes of this Act or of a law of a State or another Territory relating to stamp duty; or

(c) bears a stamp affixed or impressed under section 17 of this Act or under a provision of a law of a State or another Territory relating to stamp duty to the effect that no tax or stamp duty is payable.’.”.

 

PART XXI—AMENDMENT OF CONCILIATION AND ARBITRATION ACT 1972

Principal Act

58. The Conciliation and Arbitration Act 197220 is in this Part referred to as the Principal Act.

Retiring age of certain Presidential Members

59. Section 60 of the Principal Act is amended by adding at the end thereof “and a Deputy President of the Commission who was appointed before the day on which this Act received the Royal Assent and is appointed as the President of the Commission on or after that day holds office as President of the Commission until he resigns or attains the age of seventy years”.

PART XXII—AMENDMENTS OF CRIMES ACT 1914

Principal Act

60. The Crimes Act 191421 is in this Part referred to as the Principal Act.

Habitual criminals

61. Section 17 of the Principal Act is amended by omitting from sub-section (2) “The Court” and substituting “The court”.

Failure to comply with condition of discharge or release

62. Section 20a of the Principal Act is amended by omitting from sub-section (6) “shall, in so dealing with the person,” and substituting “, in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,”.

Power to discharge or vary conditions of recognizance

63. Section 20aa of the Principal Act is amended—

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

“(1) Where a person has entered into a recognizance in pursuance of an order made under sub-section 19b (1) or 20 (1), any of the following persons may apply to the court by which the order was made for the discharge of the recognizance or for a variation of its terms:

(a) an authorized person;

(b) the person who entered into the recognizance;

(c) a surety for the person who entered into the recognizance;

(d) a probation officer appointed in accordance with the order (in this section referred to as a ‘probation officer’).”; and

(b) by omitting sub-sections (5) and (6) and substituting the following sub-sections:

“(5) Where an application is made under sub-section (1) by an authorized person, the authorized person shall cause notice of the application and the date, time and place fixed for the hearing of the

 

application, to be served on the person who entered into the recognizance in relation to which the application is made and—

(a) if that person has a surety in respect of the recognizance—on the surety; and

(b) if that person has a probation officer in respect of the recognizance—on the probation officer.

“(6) Where an application is made under sub-section (1) by a person other than an authorized person, the person making the application shall cause notice of the application, and of the date, time and place fixed for the hearing of the application, to be served on the Crown Solicitor, or the Deputy Crown Solicitor in the State or Territory in which the application is made, and—

(a) if the application is made by the person who entered into the recognizance and that person has a surety—on the surety;

(b) if the application is made by a surety in respect of the recognizance—on the person who entered into the recognizance; or

(c) if the application is made by a probation officer in respect of the recognizance—on the person who entered into the recognizance and, if that person has a surety in respect of the recognizance, on the surety.”.

Failure to comply with sentence passed, or order made, under sub-section 20ab (1)

64. Section 20ac of the Principal Act is amended by omitting from sub-section (7) “shall, in so dealing with the person,” and substituting “, in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,”.

Falsification of books or records by officers

65. Section 72 of the Principal Act is amended by omitting from paragraph (e) “property, or” and substituting “property; or”.

PART XXIII—AMENDMENTS OF CRIMES AT SEA ACT 1979

Principal Act

66. The Crimes at Sea Act 197922 is in this Part referred to as the Principal Act.

Operation of certain Commonwealth laws excluded

67. Section 5 of the Principal Act is amended—

(a) by inserting in paragraph (4) (a) “, 17a” after “17”;

(b) by inserting in paragraph (4) (a) “, 20aa, 20ab, 20ac” after “20a”; and

(c) by inserting in paragraph (4) (a) “, 21aa” after “21a”.

 

PART XXIV—AMENDMENT OF CUSTOMS TARIFF 1966

Principal Act

68. The Customs Tariff 196623 is in this Part referred to as the Principal Act.

Orders

69. Section 36 of the Principal Act is amended by omitting sub-sections (3) and (4) and substituting the following sub-section:

“(3) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2) and sections 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to orders as if—

(a) references in those provisions to regulations were references to orders; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of an order.”.

PART XXV—AMENDMENTS OF DAIRY INDUSTRY STABILIZATION ACT 1977

Principal Act

70. The Dairy Industry Stabilization Act 197724 is in this Part referred to as the Principal Act.

Determination of quotas

71. Section 11a of the Principal Act is amended—

(a) by omitting sub-section (2); and

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

“(6) The provisions of sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to principles formulated under sub-section (1) as if—

(a) references in those provisions to regulations were references to principles; and

(b) references in those provisions to the making of regulations were references to the formulation of principles.”.

PART XXVI—AMENDMENTS OF DAIRYING RESEARCH ACT 1972

Principal Act

72. The Dairying Research Act 197225 is in this Part referred to as the Principal Act.

 

Moneys to be paid into Research Account

73. Section 5 of the Principal Act is amended by omitting from paragraph (1) (b) “out of the Research Account in accordance with this Act” and substituting “out of the account kept under sub-section 5a (1)”.

74. After section 5 of the Principal Act the following section is inserted:

Separate accounts to be kept

“5a. (1) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of sub-paragraphs 5 (1) (a) (i) and (ii) and paragraph 5 (1) (b).

“(2) A separate account shall be kept of the moneys in the Research Account representing—

(a) the amounts paid into the Research Account by virtue of sub-paragraph 5 (1) (a) (iii); and

(b) the amounts paid into the Research Account by virtue of sub-section 5 (3).”.

Application of Research Account

75. Section 6 of the Principal Act is amended by omitting from sub-section (1) “the next succeeding sub-section, moneys standing to the credit of the Research Account” and substituting “sub-section (2), moneys standing to the credit of either of the accounts kept under section 5a”.

Constitution of Committee

76. Section 9 of the Principal Act is amended by omitting from paragraph (1) (e) “of Primary Industry”.

PART XXVII—REPEAL OF DARWIN CYCLONE DAMAGE COMPENSATION ACT 1975

Principal Act

77. The Darwin Cyclone Damage Compensation Act 197526 is in this Part referred to as the Principal Act.

Repeal of Act

78. The Principal Act is repealed.

PART XXVIII—AMENDMENT OF DEFENCE ACT 1903

Principal Act

79. The Defence Act 190327 is in this Part referred to as the Principal Act.

Interpretation

80. Section 4 of the Principal Act is amended by omitting “of Defence” from the definition of “The Secretary” in sub-section (1).

 

Tabling, disallowance, &c., of determinations

81. Section 58c of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-section:

“(1) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to determinations as if—

(a) references in those provisions to regulations were references to determinations and references to a regulation were references to a provision of a determination; and

(b) references in those provisions to the repeal of a regulation were references to the revocation of a determination or of a provision of a determination, as the case requires.”.

PART XXIX—AMENDMENT OF DEFENCE AMENDMENT ACT 1979

Principal Act

82. The Defence Amendment Act 197928 is in this Part referred to as the Principal Act.

Determinations prevail over inconsistent regulations

83. Section 14 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) Where—

(a) a provision (in this sub-section referred to as the ‘disallowed provision’) of a determination under section 58b of the Defence Act 1903—

(i) is disallowed, or is deemed to have been disallowed, under section 48 of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; or

(ii) becomes void and of no effect by virtue of the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; and

(b) the disallowed provision was inconsistent with any relevant regulations in force immediately before the date on which the disallowed provision took effect,

the disallowance of the provision or the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903, as the case may be, has the effect of reviving those relevant regulations as so in force, from and including the date of the disallowance or the date on which the determination became void and of no effect, as the case may be, as if the disallowed provision had not been made.”.

 

PART XXX—AMENDMENTS OF DEFENCE SERVICE HOMES ACT 1918

Principal Act

84. The Defence Service Homes Act 191829 is in this Part referred to as the Principal Act.

Interpretation

85. Section 4 of the Principal Act is amended by omitting “of Veterans’ Affairs” from the definition of “Secretary” in sub-section (1).

Determination of eligibility, &c.

86. Section 4b of the Principal Act is amended—

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

“(b) if the provisions of section 19a or 23 are relevant to the application—

(i) whether the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made;

(ii) if the applicant has a wife or husband—whether the applicant and the wife or husband of the applicant are permanently separated; and

(iii) if the applicant has a wife or husband and the Corporation has not determined that the applicant and the wife or husband of the applicant are permanently separated—whether the wife or husband of the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made.”;

(b) by omitting from sub-section (2) “the last preceding sub-section” (first occurring) and substituting “sub-section (1)”;

(c) by omitting from sub-section (2) “paragraph (a) of the last preceding sub-section” and substituting “paragraph (1) (a)”; and

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

“(3) Where the Corporation has, in pursuance of sub-section (1), determined—

(a) that an applicant for assistance is not the owner of a dwelling-house other than that in respect of which the application for assistance has been made;

(b) that the applicant and the wife or husband of the applicant are permanently separated; or

(c) that the wife or husband of the applicant is not the owner of a dwelling-house other than that in respect of which the application for assistance has been made,

then, for the purposes of section 19a or 23, the Corporation shall be deemed to be satisfied of the matter so determined and shall be deemed to continue to be so satisfied notwithstanding that, after the making of the determination—

(d) in a case to which paragraph (a) applies—the applicant becomes the owner of a dwelling-house other than that in respect of which the application for assistance has been made;

(e) in a case to which paragraph (b) applies—the applicant and the wife or husband of the applicant cease to be permanently separated; or

(f) in a case to which paragraph (c) applies—the wife or husband of the applicant becomes the owner of a dwelling-house other than that in respect of which the application for assistance has been made.”.

Sale of house only to person not already an owner

87. Section 19a of the Principal Act is amended—

(a) by omitting from paragraph (a) “and” (last occurring); and

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

“(b) the person is not the owner of any other dwelling-house; and

(c) if the person has a wife or husband, then, unless the person and the wife or husband of the person are permanently separated—the wife or husband of the person is not the owner of any other dwelling-house.”.

Advance for purposes of home only to person not already an owner

88. Section 23 of the Principal Act is amended—

(a) by omitting “applicant” (first occurring) and substituting “person”;

(b) by omitting from paragraph (a) “applicant” and substituting “person”;

(c) by omitting from paragraph (a) “and” (last occurring); and

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

“(b) the person is not the owner of any other dwelling-house; and

“(c) if the person has a wife or husband, then, unless the person and the wife or husband of the person are permanently separated—the wife or husband of the person is not the owner of any other dwelling-house.”.

89. Section 32a of the Principal Act is repealed and the following section is substituted:

Call-up of moneys on discovery of false statement

“32a. (1) Where—

(a) a person has, whether before or after the commencement of this section—

 

(i) in connection with the sale to him under this Act of a dwelling-house (in this sub-section referred to as the ‘relevant dwelling-house’) or the making of an advance to him under this Act in connection with land and a dwelling-house (in this sub-section also referred to as the ‘relevant dwelling-house’) or land and a proposed dwelling-house (in this sub-section also referred to as the ‘relevant dwelling-house’); or

(ii) in an application for such a sale or the making of such an advance, declared—

(iii) that the person was not the owner of any dwelling-house other than the relevant dwelling-house;

(iv) that the person and the wife or husband of the person were permanently separated; or

(v) that the wife or husband of the person was not the owner of any dwelling-house other than the relevant dwelling-house; and

(b) after the commencement of this section it comes to the knowledge of the Corporation that the declaration was untrue,

the Corporation may, unless the estate or interest of the person in the land and the relevant dwelling-house has passed to another person otherwise than as the personal representative of the first-mentioned person, call up, by notice in writing given to the person or to the personal representative of the person, the whole of the moneys secured under the contract of sale or the mortgage or other security concerned and, thereupon, those moneys become due and payable.

“(2) A reference in sub-section (1) to a sale, or the making of an advance, to a person shall be read as including a reference to a sale, or the making of an advance, to a person and the wife or husband of the person jointly in accordance with section 4a.”.

Dwelling houses for incapacitated soldiers

90. Section 47 of the Principal Act is amended by omitting from sub-section (1) “of Veterans’ Affairs”.

PART XXXI—AMENDMENT OF DRIED VINE FRUITS EQUALIZATION ACT 1978

Principal Act

91. The Dried Vine Fruits Equalization Act 197830 is in this Part referred to as the Principal Act.

Investment of moneys of Fund

92. Section 9 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) In sub-section (1), ‘approved bank’ means a bank that is an approved bank within the meaning of section 63e of the Audit Act 1901.”.

 

PART XXXII—AMENDMENTS OF EGG EXPORT CONTROL ACT 1947

Principal Act

93. The Egg Export Control Act 194731 is in this Part referred to as the Principal Act.

Australian Egg Board

94. (1) Section 5 of the Principal Act is amended by omitting from sub-section (3) “Governor-General” and substituting “Minister”.

(2) The amendment made by sub-section (1) does not affect the appointment of a person who was appointed by the Governor-General before the commencement of this Part.

Term of office of members

95. (1) Section 5a of the Principal Act is amended—

(a) by omitting from sub-section (1) “Governor-General” and substituting “Minister”; and

(b) by omitting from sub-section (2) “a period of three years after the date of his appointment,” and substituting “such period, not exceeding 3 years, as the Minister specifies in the instrument of his appointment,”.

(2) Notwithstanding the amendment made by paragraph (1) (a), the person who was the Chairman of the Board immediately before the commencement of this Part holds office, subject to the Egg Export Control Act 1947, for the remainder of the period for which he was appointed as the Chairman of the Board by the Governor-General.

(3) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Board who was appointed before the commencement of this Part.

Removal of members from office and resignation

96. Section 5b of the Principal Act is amended by omitting “Governor-General” (wherever occurring) and substituting “Minister”.

Deputies of Members of the Board

97. Section 7 of the Principal Act is amended by omitting from sub-section (1) “Governor-General” and substituting “Minister”.

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

Remuneration, &c.

“8. (1) A member of the Board and a deputy of a member of the Board shall be paid such remuneration as is determined by the Remuneration Tribunal.

 

“(2) A member of the Board and a deputy of a member of the Board shall be paid such allowances as are prescribed.

“(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973, but sub-section 7 (9) of that Act does not apply in relation to the remuneration payable to a member of the Board or a deputy of a member of the Board.

“(4) If a member or a deputy of a member is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of a committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.”.

Finance

99. Section 17 of the Principal Act is amended by omitting from sub-section (2) all the words from and including “the repayment” and substituting “the repayment of any advances made by the Bank in pursuance of the arrangement, and the payment of interest on any advances so made, out of moneys made available by the Parliament”.

Application of moneys paid into accounts or Fund

100. Section 19 of the Principal Act is amended by omitting from paragraph (f) “paragraph (d) of section thirteen of this Act” and substituting “paragraph 13 (1) (d)”.

PART XXXIII—AMENDMENT OF EXCISE TARIFF ACT 1921

Principal Act

101. The Excise Tariff Act 192132 is in this Part referred to as the Principal Act.

Goods manufactured or produced at off-shore installations

102. Section 5a of the Principal Act is amended by inserting in sub-section (2) “in” after “meaning as”.

PART XXXIV—AMENDMENTS OF EXPLOSIVES ACT 1961

Principal Act

103. The Explosives Act 196133 is in this Part referred to as the Principal Act.

 

General provisions applicable to orders

104. Section 16 of the Principal Act is amended—

(a) by omitting from sub-section (1) “1903-1939” and substituting “1903”;

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

“(2) The provisions of section 48 (except paragraph (1) (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under the regulations as if references in those provisions to regulations were references to orders.”;

(c) by omitting from sub-section (3) “1901-1957” and substituting “1901”; and

(d) by omitting from sub-section (3) “forty-six” and substituting “46”.

105. Section 17 of the Principal Act is repealed and the following section is substituted:

Date from which orders take effect

“17. An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.”.

Formal amendments

106. The Principal Act is amended as set out in Schedule 1.

PART XXXV—REPEAL OF GLEBE LANDS (APPROPRIATION) ACT 1974

Principal Act

107. The Glebe Lands (Appropriation) Act 197434 is in this Part referred to as the Principal Act.

Repeal of Act

108. The Principal Act is repealed.

PART XXXVI—AMENDMENT OF GREAT BARRIER REEF MARINE PARK ACT 1975

Principal Act

109. The Great Barrier Reef Marine Park Act 197535 is in this Part referred to as the Principal Act.

Regulations

110. Section 66 of the Principal Act is amended by omitting from sub-section (5) “12 months” and substituting “2 years”.

 

PART XXXVII—AMENDMENTS OF HANDICAPPED PERSONS ASSISTANCE ACT 1974

Principal Act

111. The Handicapped Persons Assistance Act 197436 is in this Part referred to as the Principal Act.

Interpretation

112. Section 3 of the Principal Act is amended by omitting “Social Services Act 1947-1974” from paragraph (a) of the definition of “disabled person” and substituting “Social Security Act 1947”.

Grants

113. Section 10 of the Principal Act is amended by omitting from paragraph (2) (a) “four-fifths” and substituting “80%”.

Grants

114. Section 13 of the Principal Act is amended by omitting from sub-section (2) “four-fifths” and substituting “80%”.

Grants

115. Section 15 of the Principal Act is amended by omitting from sub-section (2) “four-fifths” and substituting “80%”.

Grants

116. Section 18 of the Principal Act is amended—

(a) by omitting from sub-section (2) “four-fifths” and substituting “80%”; and

(b) omitting from paragraph (3) (a) “four-fifths” and substituting “80%”.

Financial assistance towards meeting the cost of remuneration

117. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (1) “50 per centum” and substituting “50%”;

(b) omitting from sub-section (2) “50 per centum” and substituting “50%”; and

(c) by omitting from sub-section (2) “100 per centum” and substituting “100%”.

Handicapped children’s benefit

118. Section 23 of the Principal Act is amended by omitting from sub-section (2) “1953-1974” and substituting “1953”.

Interpretation

119. Section 27 of the Principal Act is amended by omitting from paragraph (b) “Social Services Act 1947-1974” and substituting “Social Security Act 1947”.

 

Repealed Parts of the Sheltered Employment (Assistance) Act to continue in force, &c.

120. Section 37 of the Principal Act is amended by omitting from paragraph (1) (a) “Director-General of Social Services” and substituting “Director-General of Social Security”.

Certain projects approved under repealed provisions to be approved projects under this Act, &c.

121. Section 38 of the Principal Act is amended by omitting “Director-General of Social Services” and substituting “Director-General of Social Security”.

PART XXXVIII—AMENDMENTS OF HOME DEPOSIT ASSISTANCE ACT 1982

Principal Act

122. The Home Deposit Assistance Act 198237 is in this Part referred to as the Principal Act.

Director-General may treat moneys as paid or expended

123. Section 31 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Reconsideration by Director-General

124. Section 47 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Further amendments

125. The Principal Act is amended as set out in Schedule 2.

PART XXXIX—AMENDMENTS OF HOMELESS PERSONS ASSISTANCE ACT 1974

Principal Act

126. The Homeless Persons Assistance Act 197438 is in this Part referred to as the Principal Act.

Interpretation

127. Section 3 of the Principal Act is amended by omitting “an endowment under Part VI of the Social Services Act 1947-1974” from paragraph (b) of the definition of “homeless person” and substituting “a family allowance under Part VI of the Social Security Act 1947”.

Advisory committees

128. Section 15 of the Principal Act is amended by omitting from sub-section (4) “1973-1974” and substituting “1973”.

 

Moneys to be paid out of National Welfare Fund

129. Section 18 of the Principal Act is amended by omitting “1943-1952” and substituting “1943”.

PART XL—AMENDMENTS OF HOMES SAVINGS GRANT ACT 1964

Principal Act

130. The Homes Savings Grant Act 196439 is in this Part referred to as the Principal Act.

Appeal to Director-General

131. Section 11 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Power of Director-General to treat moneys as paid or expended

132. Section 17c of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Power of Director-General to treat person as having continued to hold acceptable savings in certain circumstances

133. Section 17d of the Principal Act is amended by omitting “Secretary” and substituting “Director-General”.

134. After section 31 of the Principal Act the following section is inserted:

References to Director-General include references to Secretary

“31a. (1) A reference in this Act to the Director-General shall, in relation to the doing of any act or thing under this Act before 7 May 1982, be read as a reference to the Permanent Head of the Department of Housing and Construction or to a delegate of the Permanent Head of the Department of Housing and Construction.

“(2) Where, immediately before the commencement of this section, there were pending in any court or tribunal any proceedings under this Act to which the Minister for Housing and Construction, or the Permanent Head of the Department of Housing and Construction, was, in his capacity as Minister or Permanent Head, a party, those proceedings may be continued by or against the Minister for Social Security or the Director-General of Social Security, as the case may be.”.

Further amendments

135. The Principal Act is amended as set out in Schedule 3.

 

PART XLI—AMENDMENTS OF HOMES SAVINGS GRANT ACT 1976

Principal Act

136. The Homes Savings Grant Act 197640 is in this Part referred to as the Principal Act.

Power of Director-General to treat person as having continued to hold acceptable savings in certain circumstances

137. Section 28 of the Principal Act is amended by omitting “Secretary” and substituting “Director-General”.

Power of Director-General to treat moneys as paid or expended

138. Section 30 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

Reconsideration by Director-General

139. Section 39 of the Principal Act is amended by omitting “Secretary” (wherever occurring) and substituting “Director-General”.

140. After section 53a of the Principal Act the following section is inserted:

References to Director-General include references to Secretary

“53b. (1) A reference in this Act to the Director-General shall, in relation to the doing of any act or thing under this Act before 7 May 1982, be read as a reference to the Permanent Head of the Department of Housing and Construction or to a delegate of the Permanent Head of the Department of Housing and Construction.

“(2) Where, immediately before the commencement of this section, there were pending in any court or tribunal any proceedings under this Act to which the Minister for Housing and Construction, or the Permanent Head of the Department of Housing and Construction, was, in his capacity as Minister or Permanent Head, a party, those proceedings may be continued by or against the Minister for Social Security or the Director-General of Social Security, as the case may be.”.

Further amendments

141. The Principal Act is amended as set out in Schedule 4.

PART XLII—AMENDMENT OF HONEY INDUSTRY ACT 1962

Principal Act

142. The Honey Industry Act 196241 is in this Part referred to as the Principal Act.

 

Loans to be arranged by the Minister

143. Section 23a of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

“(b) guarantee to the bank the repayment of any loan made by the bank in pursuance of the arrangement, and the payment of interest on any loan so made, out of moneys made available by the Parliament.”.

PART XLIII—AMENDMENTS OF HONEY LEVY COLLECTION ACT 1962

Principal Act

144. The Honey Levy Collection Act 196242 is in this Part referred to as the Principal Act.

Definitions

145. Section 3 of the Principal Act is amended by omitting “of Primary Industry” from the definition of “the Secretary”.

Penalty for non-payment

146. Section 8 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:

“(3) The Minister or, subject to sub-section (4), a person authorized in writing by the Minister for the purposes of this section may, in a particular case, for a reason that the Minister or the authorized person, as the case may be, in his discretion thinks sufficient, remit the whole or a part of an amount payable under this section.

“(4) A remission granted under sub-section (3) by a person authorized by the Minister for the purposes of this section shall not exceed $100.”.

147. After section 12 of the Principal Act the following section is inserted:

Review of decisions

“12a. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 8 (3).

“(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 8 (3), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.”.

 

PART XLIV—AMENDMENTS OF INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976

Principal Act

148. The Industrial Research and Development Incentives Act 197643 is in this Part referred to as the Principal Act.

Limitation of number of years in respect of which grants payable to a company

149. (1) Section 25 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) An eligible company is not entitled to a commencement grant in respect of any grant year subsequent to the fourth consecutive grant year after the grant year in respect of which it first applies for a commencement grant.

“(3) An eligible company is not entitled to a commencement grant in respect of the first grant year in respect of which it applies for a commencement grant if the sum of—

(a) the number of grants of financial assistance (if any) received by the eligible company under the previous Act;

(b) the number of grants of financial assistance (if any) received under the previous Act by any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the grant year; and

(c) the number of commencement grants (if any) to which any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the grant year has become or, in the opinion of the Board, will become entitled,

is or exceeds 5.

“(4) An eligible company is not entitled to a commencement grant in respect of a grant year (in this sub-section referred to as the ‘current grant year’) subsequent to the first grant year in respect of which it applied for a commencement grant if the sum of—

(a) the number of grants of financial assistance (if any) received by the eligible company under the previous Act;

(b) the number of grants of financial assistance (if any) received under the previous Act by any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the current grant year;

(c) the number of commencement grants (if any) to which any company that, by virtue of section 5, is deemed to be, or to have been, related to the eligible company at any time during the current grant year has become or, in the opinion of the Board, will become entitled; and

 

(d) the number of grant years from and including the first grant year in respect of which the eligible company applied for a commencement grant (but not including the current grant year),

is or exceeds 5.

“(5) A reference in this section to a grant received by a company that, by virtue of section 5, is deemed to be, or to have been, related to an eligible company at any time during a grant year is a reference to a grant received by such a company in respect of any grant year, whether or not the company was or would have been deemed, by virtue of section 5, to have been related to the eligible company at any time during that last-mentioned grant year.”.

(2) The amendment made by sub-section (1) does not operate to deprive a company of any entitlement to a commencement grant in respect of a grant year if an application for a commencement grant in respect of that grant year was made on or before 17 August 1982.

150. (1) Section 26a of the Principal Act is repealed and the following section is substituted:

Effect of reconstruction of companies

“26a. Where the Board is satisfied that a company that has, after 17 August 1982, applied for a commencement grant in respect of the grant year ending on 30 June 1982 or in respect of any subsequent grant year is carrying on operations in the nature of industrial research and development the whole or a substantial part of which was previously carried on by another company that became, or will become, entitled to a commencement grant, or to a grant of financial assistance under the previous Act, the Board may, for the purposes of the application, treat the applicant company and the other company as one company.”.

(2) Notwithstanding the repeal effected by sub-section (1), section 26a of the Principal Act continues to have effect in relation to applications made under that Act on or before 17 August 1982.

Applications

151. Section 34 of the Principal Act is amended—

(a) by omitting “has been received by the Board or” from sub-section (3); and

(b) by inserting after sub-section (3) the following sub-sections:

“(3a) An application by a company for a commencement grant in respect of the grant year that ended on 30 June 1982 or any subsequent grant year shall be deemed not to have been made unless—

(a) it is received as mentioned in sub-section (3) on or before 30 September next after the end of that grant year; or

(b) on or before 30 September next after the end of that grant year, the company has given the Board notice in writing stating that it will be unable to make an application for a commencement

 

grant in respect of that grant year on or before that 30 September and the application is received as mentioned in sub-section (3) on or before 30 November next after the end of that grant year.

“(3b) A notice for the purposes of paragraph (3a) (b) shall be deemed not to have been given until it has been received on behalf of the Board by a member of the staff assisting the Board or by a person appointed by the Board to receive such notices.

“(3c) An application by a company for a commencement grant in respect of the grant year that ended on 30 June 1981 or any previous grant year shall be deemed not to have been made unless it was received as mentioned in sub-section (3) on or before 17 August 1982.”.

152. After section 34 of the Principal Act the following section is inserted:

Effect of late application

“34a. Where an application for a commencement grant in respect of a grant year is made by a company, as provided by paragraph 34 (3a) (b), after 30 September in a year, the Board shall not authorize payment of a commencement grant to the company in respect of that grant year before 1 July in the following year.”.

PART XLV—AMENDMENTS OF LIVE-STOCK SLAUGHTER LEVY COLLECTION ACT 1964

Principal Act

153. The Live-stock Slaughter Levy Collection Act 196444 is in this Part referred to as the Principal Act.

154. After section 4 of the Principal Act the following section is inserted:

Authorized persons

“4a. A reference in a provision of this Act to an authorized person is a reference to—

(a) a person appointed by the Minister, in writing, to be an authorized person for the purposes of the provision; or

(b) a person included in a class of persons appointed by the Minister, in writing, to be authorized persons for the purposes of the provision.”.

Penalty for non-payment

155. Section 9 of the Principal Act is amended—

(a) by omitting from sub-section (3) “a person authorized, in writing, by the Minister for the purposes of this section” and substituting “an authorized person”; and

 

(b) by omitting from sub-section (4) “a person authorized by the Minister for the purposes of this section” and substituting “an authorized person”.

156. Section 15 of the Principal Act is repealed and the following sections are substituted:

Access to premises

“15. (1) An authorized person may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(2) Where an authorized person has reason to believe that there are on any premises (including premises of, or occupied by, a State or an authority of a State) books, documents or papers relating to the slaughter of live-stock in respect of which levy is, or may be, payable, the authorized person may make application to a Justice of the Peace for a warrant authorizing the authorized person to enter the premises for the purpose of exercising the functions of an authorized person under this section.

“(3) If, on an application under sub-section (2), the Justice of the Peace is satisfied, by information on oath or affirmation—

(a) that there is reasonable ground for believing that there are on the premises to which the application relates any books, documents or papers relating to the slaughter of live-stock in respect of which levy is, or may be, payable; and

(b) that the issue of the warrant is reasonably required for the purposes of this Act,

the Justice of the Peace may grant a warrant authorizing the authorized person, with such assistance as the person thinks necessary, to enter the premises, during such hours as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an authorized person under this section.

“(4) A warrant granted under sub-section (3) shall specify a date after which the warrant ceases to have effect.

“(5) Where an authorized person has entered any premises in pursuance of sub-section (1) or in pursuance of a warrant granted under sub-section (3), he may exercise the functions of an authorized person under this section.

“(6) A person shall not, without reasonable excuse, obstruct or hinder an authorized person acting in pursuance of a warrant granted under sub-section (3) or acting in pursuance of sub-section (5).

Penalty: $200.

“(7) The functions of an authorized person under this section are to search for, inspect, take extracts from and make copies of any books, documents or papers relating to the slaughter of live-stock in respect of which levy is, or may be, payable.

 

Review of decisions

“15a (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister or an authorized person for the purposes of sub-section 9 (3).

“(2) Where a person is given notice in writing of a decision made for the purposes of sub-section 9 (3), the notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

“(3) Any failure to comply with the requirements of sub-section (2) in relation to a decision does not affect the validity of the decision.”.

Schedule 2 to the Principal Act is amended by omitting the description of the area specified in that Schedule as being the area that includes the adjacent area in respect of Queensland and substituting the following description:

“The area the boundary of which commences at the point that is the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Queensland and runs—

(1) thence north-easterly along the geodesic to the point of Latitude 15°55’ South, Longitude 138°30’ East;

(2) thence north along the meridian of Longitude 138°30’ East to its intersection by the parallel of Latitude 14°30’ South;

(3) thence east along that parallel to its intersection by the meridian of Longitude 139°15’ East;

(4) thence north along that meridian to its intersection by the parallel of Latitude 11° South;

(5) thence north-westerly along the geodesic to the point of Latitude 10°51’ South, Longitude 139°12’30” East;

(6) thence north-westerly along the geodesic to the point of Latitude 10°50’ South, Longitude 139°12’ East;

(7) thence north-easterly along the rhumb line to the point of Latitude 10°24’ South, Longitude 139°46’ East;

(8) thence north-easterly along the rhumb line to the point of Latitude 9°52’ South, Longitude 140°29’ East;

 

SCHEDULE 10—continued

(9) thence south-easterly along the geodesic to the point of Latitude 9°52’30” South, Longitude 140°30’30” East;

(10) thence north-easterly along the geodesic to the point of Latitude 9°38’ South, Longitude 141°00’ East;

(11) thence north-easterly along the geodesic to the point of Latitude 9°31’30” South, Longitude 141°28’52” East;

(12) thence along the line formed by a series of arcs of circles having a radius of three international nautical miles and drawn successively from the following points:

Latitude

Longitude

(South)

(East)

(i)

9°32’07”

141° 31’50”

(ii)

9°32-02”

141°31’54”

(iii)

9°31’56”

141°31’58”

(iv)

9°31’51”

141°32’02”

(v)

9°31’29”

141°32’17”

(vi)

9°31’27”

141°32’19”

(vii)

9°31’24”

141°32’21”

(viii)

9°30’40”

141°33’32”

(ix)

9°30’08”

141°34’01”

(x)

9°30’01”

141°34’05”

(xi)

9°29’57”

141°34’08”

(xii)

9°29’51”

141°34’14”

(xiii)

9°29’51”

141°34’19”

(xiv)

9°29’58”

141°36’13”

so as to pass successively to the north-west and north of Deliverance Island, to the point of Latitude 9°27’48” South, Longitude 141°38’20” East;

(13) thence north-easterly along the geodesic to the point of Latitude 9°15’43” South, Longitude 142°03’30” East;

(14) thence north-easterly along the geodesic to the point of Latitude 9°12’50” South, Longitude 142°06’25” East;

(15) thence north-easterly along the geodesic to the point of Latitude 9°11’51” South, Longitude 142°08’33” East;

(16) thence south-easterly along the geodesic to the point of Latitude 9°11’58” South, Longitude 142°10’28” East;

(17) thence north-easterly along the geodesic to the point of Latitude 9°11’22” South, Longitude 142°12’54” East;

(18) thence south-easterly along the geodesic to the point of Latitude 9°11’34” South, Longitude 142°14’08” East;

(19) thence south-easterly along the geodesic to the point of Latitude 9°13’53” South, Longitude 142°16’26” East;

(20) thence south-easterly along the geodesic to the point of Latitude 9°16’04” South, Longitude 142°20’41” East;

(21) thence south-easterly along the geodesic to the point of Latitude 9°22’04” South, Longitude 142°29’41” East;

(22) thence north-easterly along the geodesic to the point of Latitude 9°21’48” South, Longitude 142°31’29” East;

(23) thence south-easterly along the geodesic to the point of Latitude 9°22’33” South, Longitude 142°33’28” East;

(24) thence north-easterly along the geodesic to the point of Latitude 9°21’25” South, Longitude 142°35’29” East;

(25) thence north-easterly along the geodesic to the point of Latitude 9°20’21” South, Longitude 142°41’43” East;

(26) thence north-easterly along the geodesic to the point of Latitude 9°20’16” South, Longitude 142°43’53” East;

SCHEDULE 10—continued

(27) thence north-easterly along the geodesic to the point of Latitude 9°19’26” South, Longitude 142°48’18” East;

(28) thence north-easterly along the geodesic to the point of Latitude 9°09’06” South, Longitude 143°47’17” East;

(29) thence along the line formed by the arc of a circle, having a radius of three international nautical miles and drawn from the point of Latitude 9°10’28” South, Longitude 143°49’59” East, so as to pass to the north-west of Black Rocks, to its first point of intersection by, and thence along, the line formed by a series of arcs of circles having a radius of three international nautical miles and drawn successively from the following points:

Latitude

Longitude

(South)

(East)

(i)

9°08’40”

143°52’19”

(ii)

9°08’33”

143°52’22”

(iii)

9°08’26”

143°52’32”

(iv)

9°08’24”

143°52’41”

(v)

9°08’23”

143°52’48”

(vi)

9°08’24”

143°52’54”

(vii)

9°08’27”

143°53’06”

(viii)

9°08’32”

143°53’12”

(ix)

9°08’43”

143°53’19”

(x)

9°08’48”

143°53’19”

(xi)

9°08’52”

143°53’17”

(xii)

9°09’00”

143°53’13”.

so as to pass successively to the north and east of Bramble Cay, to the point of Latitude 9°10’49” South, Longitude 143°55’38” East;

(30) thence south-easterly along the geodesic to the point of Latitude 9°18’44” South, Longitude 144°06’06” East;

(31) thence along the line formed by a series of arcs of circles having a radius of three international nautical miles and drawn successively from the following points:

Latitude

Longitude

(South)

(East)

(i)

9°21’25”

144°07’28”

(ii)

9°21’25”

144°07’38”

(iii)

9°21’26”

144°07’44”

(iv)

9°21’29”

144°07’50”

(v)

9°21’31”

144°07’55”

(vi)

9°21’44”

144°08’24”

(vii)

9°21’45”

144°08’27”

(viii)

9°21’49”

144°08’33”

(ix)

9°21’54”

144°08’37”.

so as to pass to the north of Anchor Cay, to its first point of intersection by, and thence along, the line formed by a series of arcs of circles having a radius of three international nautical miles and drawn successively from the following points:

Latitude

Longitude

(South)

(East)

(i)

9°23’09”

144°12’43”

(ii)

9°23’02”

144°12’55”

(iii)

9°23’02”

144°13’23”

(iv)

9°23’04”

144°13’29”

(v)

9°23’06”

144°13’33”

(vi)

9°23’09”

144°13’40”

(vii)

9°23’13”

144°13’44”

(viii)

9°23’30”

144°13’59”

(ix)

9°23’40”

144°14’11”

(x)

9°23’44”

144°14’18”

(xi)

9°23’50”

144°14’25”

(xii)

9°23’59”

144°14’30”

 

SCHEDULE 10—continued

so as to pass to the north of East Cay to the point of Latitude 9°22’04” South, Longitude 144°16’51” East;

(32) thence north-easterly along the geodesic to the point of Latitude 9°00’ South, Longitude 144°45’ East;

(33) thence east along the parallel of Latitude 9°00’ South to its intersection by the meridian of Longitude 145°13’ East;

(34) thence south-easterly along the geodesic to the point of Latitude 9°15’ South, Longitude 145°20’ East;

(35) thence south-easterly along the geodesic to the point of Latitude 10°45’ South, Longitude 145°40’ East;

(36) thence south-easterly along the geodesic to the point of Latitude 12°10’ South, Longitude 146°25’ East;

(37) thence south-easterly along the geodesic to the point of Latitude 12°50’ South, Longitude 147°40’ East;

(38) thence south along the meridian of Longitude 147°40’ East to its intersection by the parallel of Latitude 14°00’ South;

(39) thence west along that parallel to its intersection by the meridian of Longitude 146°55’ East;

(40) thence south along that meridian to its intersection by the parallel of Latitude 17°05’ South;

(41) thence east along that parallel to its intersection by the meridian of Longitude 147°45’ East;

(42) thence south along that meridian to its intersection by the parallel of Latitude 18°30’ South;

(43) thence east along that parallel to its intersection by the meridian of Longitude 150°50’ East;

(44) thence south along that meridian to its intersection by the parallel of Latitude 20°00’ South;

(45) thence east along that parallel to its intersection by the meridian of Longitude 151°30’ East;

(46) thence south along that meridian to its intersection by the parallel of Latitude 20°25’ South;

(47) thence east along that parallel to its intersection by the meridian of Longitude 153°05’ East;

(48) thence south along that meridian to its intersection by the parallel of Latitude 22°50’ South;

(49) thence east along that parallel to its intersection by the meridian of Longitude 153°40’ East;

(50) thence south along that meridian to its intersection by the parallel of Latitude 23°15’ South;

(51) thence east along that parallel to its intersection by the meridian of Longitude 154°00’ East;

(52) thence south along that meridian to its intersection by the parallel of Latitude 23°50’ South;

(53) thence east along that parallel to its intersection by the meridian of Longitude 155°15’ East;

(54) thence south along that meridian to its intersection by the parallel of Latitude 25°00’ South;

(55) thence east along that parallel to its intersection by the meridian of Longitude 158°35’47” East;

(56) thence south-easterly along the geodesic to the point of Latitude 25°08’54” South, Longitude 158°36’36” East;

(57) thence south-easterly along the geodesic to the point of Latitude 26°26’36” South, Longitude 163°43’27” East;

(58) thence north-easterly along the geodesic to the point of Latitude 26°13’33” South, Longitude 165°40’ East;

(59) thence south along the meridian of Longitude 165°40’ East, to its intersection by the parallel of Latitude 26°59’05” South;

(60) thence south-westerly along the geodesic to the point of Latitude 27°48” South, Longitude 154°22’ East;

(61) thence south-westerly along the geodesic to the point of Latitude 27°58’ South, Longitude 154° East;

(62) thence south-westerly along the geodesic between the last-mentioned point and the trigonometrical station known as Point Danger, near Point Danger, to its intersection by the coastline at mean low water; and

(63) thence along the coastline of the State of Queensland at mean low water to the point of commencement.”.

SCHEDULE 11 Section 232

NEW SCHEDULES 2 AND 3 TO THE PUBLIC SERVICE ACT 1922

SCHEDULE 2 Sections 7 and 10

DEPARTMENTS

The Department of the Senate

The Department of the House of Representatives

The Department of the Parliamentary Library

The Department of the Parliamentary Reporting Staff

The Joint House Department

The Department of Aboriginal Affairs

The Department of Administrative Services

The Attorney-General’s Department

The Department of Aviation

The Department of the Capital Territory

The Department of Communications

The Department of Defence

The Department of Defence Support

The Department of Education

The Department of Employment and Industrial Relations

The Department of Finance

The Department of Foreign Affairs

The Department of Health

The Department of Home Affairs and Environment

The Department of Immigration and Ethnic Affairs

The Department of Industry and Commerce

The Department of National Development and Energy

The Department of Primary Industry

The Department of the Prime Minister and Cabinet

The Department of Science and Technology

The Department of Social Security

The Department of Trade and Resources

The Department of Transport and Construction

The Department of the Treasury

The Department of Veterans’ Affairs

The Department of the Vice President of the Executive Council

SCHEDULE 3 Section 25

PERMANENT HEADS OF DEPARTMENTS

The Clerk of the Senate

The Clerk of the House of Representatives

The Parliamentary Librarian

The Principal Parliamentary Reporter

The Secretary of the Joint House Department

The Secretary to the Department of Aboriginal Affairs

The Secretary to the Department of Administrative Services

The Secretary to the Attorney-General’s Department

The Secretary to the Department of Aviation

 

SCHEDULE 11—continued

The Secretary to the Department of the Capital Territory

The Secretary to the Department of Communications

The Comptroller-General of Customs

The Secretary to the Department of Defence

The Secretary to the Department of Defence Support

The Secretary to the Department of Education

The Secretary to the Department of Employment and Industrial Relations

The Secretary to the Department of Finance

The Secretary to the Department of Foreign Affairs

The Director-General of Health

The Secretary to the Department of Home Affairs and Environment

The Secretary to the Department of Immigration and Ethnic Affairs

The Secretary to the Department of National Development and Energy

The Secretary to the Department of Primary Industry

The Secretary to the Department of the Prime Minister and Cabinet

The Secretary to the Department of Science and Technology

The Director-General of Social Security

The Secretary to the Department of Trade and Resources

The Secretary to the Department of Transport and Construction and Director-General of Works

The Secretary to the Department of the Treasury

The Secretary to the Department of Veterans’ Affairs

The Secretary to the Department of the Vice President of the Executive Council

 

SCHEDULE 12 Section 280

AMENDMENTS OF CERTAIN ACTS

Column 1

Column 2

Column 3

Act

Provision

Amendment

Administrative Appeals Tribunal Act 1975

Schedule..............................

Omit from sub-clause 3 (1) “Transport”, substitute “Aviation”.

Airlines Equipment Act 1958

Section 14...........................

Omit “of Transport” (wherever occurring).

Section 16...........................

Omit “of Transport” (wherever occurring).

Section 17...........................

Omit “of Transport” (wherever occurring).

Section 20...........................

Omit “of Transport” (wherever occurring).

Air Navigation Act 1920..............

Sub-section 3 (1)................

Omit “of Transport” from the definition of “the Secretary”.

Paragraph 20 (2) (a)..........

Omit “of Transport”.

Air Navigation (Charges) Act 1952

Sub-section 2 (1)................

Omit “of Transport” from the definition of “Secretary”.

Airports (Surface Traffic) Act 1960

Sub-section 3 (1)................

Omit “of Transport” from the definition of “the Secretary”.

Apple and Pear Levy Collection Act 1976

Section 3.............................

Omit “of Primary Industry” from the definition of “Secretary”.

Approved Defence Projects Protection Act 1947

Section 3.............................

Omit “of State for Defence”.

Australian Citizenship Act 1948

Sub-section 5 (1)

Omit “of Immigration and Ethnic Affairs” from paragraph (c) of the definition of “Australian consulate”.

 

SCHEDULE 12—continued

Column 1

Column 2

Column 3

Act

Provision

Amendment

Omit “of Immigration and Ethnic Affairs” from the definition of “the Secretary”.

Barley Research Act 1980......

Paragraph 16 (1) (a)..........

Omit “of Primary Industry”.

Section 17..........................

Omit “of Primary Industry”.

Sub-section 19 (3).............

Omit “of Primary Industry”.

Bounty (Non-adjustable Wrenches) Act 1981

Sub-section 16 (2).............

Omit “of Business and Consumer Affairs”.

Bounty (Printed Fabrics) Act 1981

Sub-section 14 (2).............

Omit “of Business and Consumer Affairs”.

Commonwealth Aid Roads Act 1969

Sub-section 2 (1)...............

Omit the definition of “the Minister”.

Commonwealth Employment Service Act 1978

Section 3.............................

Omit the definition of “Department”.

Commonwealth Functions (Statutes Review) Act 1981

Section 188........................

Sub-section 189 (2)...........

Omit the definition of “Minister”.

Omit “of Housing and Construction”.

Sub-section 194 (2)...........

Omit “Secretary to the Department of Housing and Construction”, substitute “Director-General of Social Security”.

Sub-paragraph 234

(2) (b) (v)

Omit “Business and Consumer Affairs”, substitute “Administrative Services”.

Consular Privileges and Immunities Act 1972

Sub-section 6 (1)...............

Omit “of State for Business and Consumer Affairs” (wherever occurring), substitute “for Industry and Commerce”.

Paragraph 6 (2) (c).............

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”,

Paragraph 7 (2) (c).............

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”.

Sub-section 7 (3)...............

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”.

Sub-section 7 (4)...............

Omit “of State for Business and Consumer Affairs” (wherever occurring), substitute “for Industry and Commerce”.

Continental Shelf (Living Natural Resources) Act 1968

Sub-section 5 (1)...............

Insert after the definition of “officer” the following definition:

“‘Secretary’ means the Secretary to the Department;”.

Sub-section 5 (4)...............

Omit the sub-section.

Copyright Act 1968

Sub-section 135 (6)...........

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”.

Sub-section 135 (10).........

Omit “Business and Consumer Affairs”, substitute “Industry and Commerce”.

Sub-section 135 (11).........

Omit “Business and Consumer’ Affairs”, substitute “Industry and Commerce”.

Crimes (Aircraft) Act 1963

Sub-section 26 (3).............

Omit “of State for Transport”, substitute “for Aviation”.

Customs Act 1901

Sub-section 4 (1)...............

Omit “of Business and Consumer Affairs” from the definition of “The Customs”.

Sub-section 183da (5)......

Omit “of Business and Consumer Affairs”.

Sub-section 183dd (2)......

Omit “of Business and Consumer Affairs”.

Sub-section 243a (1).........

Omit the definition of “Minister”.

Dairying Industry Research and Promotion Levy Collection Act 1972

Section 3.............................

Omit “of Primary Industry” from the definition of “the Secretary”.

 

SCHEDULE 12—continued

Column 1

Column 2

Column 3

Act

Provision

Amendment

Diplomatic Privileges and Immunities Act 1967

Section 8.....................

Omit “of State for Business and Consumer Affairs” (wherever occurring), substitute “for Industry and Commerce”.

Section 9.....................

Omit “of State for Business and Consumer Affairs” (wherever occurring), substitute “for Industry and Commerce”.

Dried Fruits Levy Collection Act 1971

Section 3.....................

Omit “of Primary Industry” from the definition of “the Secretary”.

Dried Fruits Research Act 1971

Paragraph 11 (1) (e)..

Omit “of Primary Industry”.

Section 12...................

Omit “of Primary Industry”.

Excise Act 1901........................

Sub-section 4 (1).......

Omit “of Business and Consumer Affairs” from the definition of “The Customs”.

Fisheries Act 1952...................

Section 4.....................

Omit the definition of “Department”.

Omit the definition of “the Minister”.

Fishing Industries Research Act 1969

Paragraph 11 (1) (d)..

Section 12...................

Omit “of Primary Industry”.

Omit “of Primary Industry”.

Health Insurance Act 1973

Sub-section 3 (1).......

Omit the definition of “Department”.

Honey Research Act 1980

Paragraph 10 (1) (a)..

Omit “of Primary Industry”.

Section 11...................

Omit “of Primary Industry”.

Income Tax Assessment Act 1936

Paragraph 16 (4) (j)...

Omit “Secretary, Department of Housing and Construction”, substitute “Director-General of Social Security”.

Sub-section 73a (6)...

Insert “Employment and” before “Industrial Relations” in the definition of “an approved research institute”.

Industries Assistance Commission Act 1973

Sub-section 23 (5).....

Omit “Business and Consumer Affairs” (wherever occurring), substitute “Industry and Commerce”.

Paragraph 24 (3) (a)..

Omit “Business and Consumer Affairs”, substitute “Industry and Commerce”.

Maritime College Act 1978

Section 9.....................

Insert “and Construction” after “Transport”.

Meat Research Act 1960

Paragraph 9 (1) (f).....

Omit “of Primary Industry”.

Narcotic Drugs Act 1967

Section 6.....................

Omit “Business and Consumer Affairs”, substitute “Industry and Commerce”.

Sub-section 22 (3).....

Omit “Business and Consumer Affairs”, substitute “Industry and Commerce”.

Sub-section 24 (2).....

Omit “Business and Consumer Affairs”, substitute “Industry and Commerce”.

Section 25...................

Omit “Business and Consumer Affairs” (wherever occurring), substitute “Industry and Commerce”.

National Health Act 1953

Sub-section 4 (1).......

Omit the definition of “Department”.

Omit “of Health” from the definition of “Permanent Head”.

National Service Act 1951

Sub-section 4 (1).......

Omit the definition of “the Department”.

Omit “of Employment and Youth Affairs” from the definition of “the Secretary”.

Naval Defence Act 1910

Sub-section 42c (2)...

Omit “of Defence”.

Oilseeds Levy Collection and Research Act 1977

Paragraph 15 (1) (j)...

Section 16...................

Omit “of Primary Industry”.

Omit “of Primary Industry”.

Petroleum Search Subsidy Act 1959

Sub-section 3 (1).......

Omit “of National Resources” from the definition of “the Secretary”.

 

SCHEDULE 12—continued

Column 1

Column 2

Column 3

Act

Provision

Amendment

Pig Slaughter Levy Collection Act 1971

Section 3.............................

Omit “of Primary Industry” from the definition of “the Secretary”.

Port Statistics Act 1977..............

Section 3.............................

Omit the definition of “Secretary”, substitute the following definition:

“‘Secretary’ means the Permanent Head of the Department;”.

Repatriation Act 1920.................

Sub-section 6 (1)................

Omit the definition of “Department”.

Section 8a...........................

Omit “of Veterans’ Affairs”.

Sub-section 8b (4).............

Omit “of Veterans’ Affairs” (wherever occurring).

Sales Tax Assessment Act (No. 5) 1930

Paragraph 6a (3) (b)..........

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”.

Paragraph 6b (5) (b)..........

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”.

Seamen’s War Pensions and Allowances Act 1940

Sub-section 3 (1)................

Omit the definition of “Department”.

Ship Construction Bounty Act 1975

Sub-section 25 (1).............

Omit “of Industry and Commerce”.

Stevedoring Industry Levy Collection Act 1977

Paragraph 6 (3) (b)............

Omit “of Employment and Industrial Relations”.

Supply and Development Act 1939

Section 4.............................

Omit the definition of “the Department”.

Trade Marks Act 1955................

Sub-section 103 (2) as continued in force by sub-section 5 (6) of the Trade Marks Amendment Act 1981

Omit “of State for Business and Consumer Affairs”, substitute “for Industry and Commerce”.

Sub-section 103 (5) as continued in force by sub-section 5 (6) of the Trade Marks Amendment Act 1981

Omit “Business and Consumer Affairs”, substitute “Industry and Commerce”.

Trade Union Training Authority Act 1975

Section 3.............................

Omit the definition of “Department”.

Omit “of Industrial Relations” from the definition of “Secretary”.

Tradesmen’s Rights Regulation Act 1946

Section 6.............................

Omit the definition of “the Department”.

War Graves Act 1980..................

Sub-section 2 (1)................

Omit the definition of “Department”.

Omit “of Veterans’ Affairs” from the definition of “Secretary”.

Whaling Act 1960........................

Sub-section 5 (1)................

Omit “of Primary Industry” from the definition of “the Secretary”.

Wheat Research Act 1957..........

Paragraph 9 (1) (a)............

Omit “of Primary Industry”.

Sub-section 10 (1).............

Omit “of Primary Industry”.

 

NOTES

1. No. 11, 1978.

2. No. 186, 1976, as amended. For previous amendments, see No. 56, 1978; and Nos. 61, 92, 153 and 176, 1981.

3. No. 16, 1982.

4. No. 191, 1976, as amended. For previous amendments, see Nos. 21, 70 and 83, 1978; No. 189, 1979 (as amended by No. 16, 1982); No. 72, 1980; No. 92, 1981; and No. 16, 1982.

5. 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; Nos. 79 and 216, 1973; No. 144, 1976; No. 35, 1978; No. 1, 1980; No. 61, 1981; and No. 26, 1982.

6. 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; No. 56, 1975; No. 36, 1978; Nos. 8 and 155, 1979; Nos. 74 and 176, 1981; and No. 26, 1982.

7. No. 194, 1973, as amended. For previous amendments, see No. 199, 1976; No. 15, 1978; Nos. 16 and 145, 1981; and No. 48, 1982.

8. No. 76, 1962, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; No. 5, 1977; Nos. 36 and 115, 1978; No. 106, 1979; and No. 5, 1982.

9. No. 193, 1978, as amended. For previous amendments, see No. 48, 1982.

10. No. 58, 1979, as amended. For previous amendments, see No. 155, 1979; No. 69, 1980; and No. 22, 1981.

11. No. 6, 1959, as amended. For previous amendments, see No. 127, 1965; No. 93, 1966; No. 84, 1967; Nos. 116 and 193, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 132, 1974; No. 156, 1977; No. 78, 1978; and No. 19, 1979.

12. No. 83, 1969, as amended. For previous amendments, see No. 58, 1970; Nos. 40 and 216, 1973; No. 5, 1975; No. 109; 1978; No. 69, 1979; No. 61, 1981; and No. 26, 1982.

13. No. 103, 1981, as amended. For previous amendments, see No. 26, 1982.

14. No. 35, 1969.

15. No. 27, 1918, as amended. For previous amendments, see No. 31, 1919; No. 14, 1921; No. 14, 1922; No. 10, 1924; No. 20, 1925; No. 17, 1928; No. 2, 1929; No. 9, 1934; No. 19, 1940; No. 42, 1946; No. 17, 1948; Nos. 10 and 47, 1949; No. 106, 1952; No. 79, 1953; No. 26, 1961; No. 31, 1962; Nos. 48 and 70, 1965; Nos. 32 and 93, 1966; No. 7, 1973; No. 38, 1974; No. 56, 1975; Nos. 14 and 116, 1977; No. 19, 1979; Nos. 102 and 155, 1980; and No. 176, 1981 (as amended by No. 26, 1982).

NOTES—continued

16. No. 121, 1970, as amended. For previous amendments, see No. 216, 1973.

17. No. 58, 1967, as amended. For previous amendments, see No. 216, 1973; No. 155, 1979; and No. 70, 1980.

18. No. 89, 1981, as amended. For previous amendments, see No. 153, 1981; and No. 26, 1982.

19. No. 92, 1981, as amended. For previous amendments, see No. 153, 1981.

20. No. 37, 1972.

21. No. 12, 1914, as amended. For previous amendments, see No. 6, 1915; No. 54, 1920; No. 9, 1926; No. 13, 1928; No. 30, 1932; No. 5, 1937; No. 6, 1941; No. 77, 1946; No. 80, 1950; No. 10, 1955; No. 11, 1959; No. 84, 1960; No. 93, 1966; No. 33, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; Nos. 19 and 155, 1979; No. 70, 1980; No. 122, 1981; and No. 000, 1982.

22. No. 17, 1979.

23. No. 134, 1965, as amended. For previous amendments, see Nos. 27 and 34, 1966; Nos. 7, 17, 68, 69 and 70, 1967; Nos. 39 and 83, 1968; Nos. 8 and 32, 1969; Nos. 36 and 82, 1970; Nos. 38, 107 and 109, 1971; Nos. 4, 18, 63, 135 and 136, 1972; Nos. 147, 170 and 216, 1973; Nos. 117 and 118, 1974; Nos. 40 and 203, 1976; No. 73, 1977; Nos. 2, 47, 101 and 185, 1978; Nos. 80, 84, 174 and 175, 1979; Nos. 105 and 172, 1980; No. 68, 1981; and Nos. 30 and 52, 1982.

24. No. 51, 1977, as amended. For previous amendments, see No. 94, 1978.

25. No. 30, 1972, as amended. For previous amendments, see No. 79, 1976; and No. 12, 1981.

26. No. 43, 1975.

27. No. 20, 1903, as amended. For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50, 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939; No. 4, 1941; No. 11, 1945; No. 78, 1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973; No. 96, 1975; Nos. 4 and 20, 1977; Nos. 19, 132 and 155, 1979; No. 70, 1980; and Nos. 61 and 178, 1981.

28. No. 132, 1979.

29. No. 43, 1918, as amended. For previous amendments, see No. 28, 1919; No. 35, 1920; No. 18, 1923; No. 26, 1925; No. 47, 1926; No. 17, 1927; No. 13, 1929; Nos. 6 and 68, 1932; No. 63, 1934; No. 54, 1935; No. 25, 1937; No. 1, 1941; No. 8, 1946; Nos. 1, 38 and 71, 1947; No. 67, 1948; No. 24, 1949; No. 74, 1951; No. 69, 1954; No. 69, 1955; No. 100, 1956; No. 73, 1961; Nos. 2 and 93, 1962; No. 65, 1966; No. 93, 1966 (as amended by No. 3, 1967); No. 99, 1968; No. 120, 1971; Nos. 31 and 216, 1973; No. 125, 1974; No. 25, 1975; No. 185, 1976; No. 79, 1977; Nos. 36 and 137, 1978; and Nos. 4 and 128, 1980.

NOTES—continued

30. No. 195, 1978.

31. No. 76, 1947, as amended. For previous amendments, see No. 63, 1948; No. 21, 1951; No. 24, 1953; No. 18, 1954; No. 93, 1966; No. 216, 1973; No. 36, 1978; and No. 48, 1982.

32. No. 26, 1921, as amended. For previous amendments, see No. 28, 1924; No. 28, 1926; No. 4, 1928; Nos. 20 and 21, 1933; No. 17, 1936; Nos. 24 and 70, 1938; Nos. 29, 54 and 65, 1939; Nos. 3, 4, 14 and 93, 1948; Nos. 77 and 82, 1949; Nos. 61, 62 and 80, 1950; No. 83, 1952; No. 78, 1953; Nos. 16, 59 and 87, 1956; No. 82, 1957; No. 19, 1958; Nos. 26, 65, and 66, 1959; Nos. 26 and 57, 1960; Nos. 21 and 55, 1961; No. 73, 1962; Nos. 41 and 91, 1963; No. 125, 1964; Nos. 83 and 140, 1965; Nos. 18 and 82, 1967; Nos. 74 and 75, 1968; Nos. 5 and 33, 1969; No. 81, 1970; No. 108, 1971; Nos. 22, 64 and 119, 1972; Nos. 20, 23, 146 and 216, 1973; No. 121, 1974; No. 104, 1975; Nos. 104 and 136, 1977; Nos. 48 and 184, 1978; Nos. 81, 83 and 164, 1979; Nos. 43, 44, 45 and 122, 1980; No. 50, 1981; and Nos. 24, 45 and 54, 1982.

33. No. 65, 1961, as amended. For previous amendments, see No. 47, 1964; No. 93, 1966; and No. 216, 1973.

34. No. 35, 1974.

35. No. 85, 1975, as amended. For previous amendments, see Nos. 36 and 140, 1978; No. 155, 1979; and No. 70, 1980.

36. No. 134, 1974, as amended. For previous amendments, see No. 105, 1976.

37. No. 40, 1982.

38. No. 148, 1974, as amended. For previous amendments, see No. 142, 1977; No. 114, 1978; and No. 130, 1979.

39. No. 51, 1964, as amended. For previous amendments, see No. 6, 1965; No. 93, 1966; No. 50, 1967; No. 14, 1970; No. 112, 1971; No. 78, 1972; No. 216, 1973; No. 49, 1975; Nos. 91 and 114, 1976; Nos. 61 and 92, 1981; and No. 41, 1982.

40. No. 183, 1976, as amended. For previous amendments, see No. 186, 1979; No. 158, 1980; and No. 41, 1982.

41. No. 105, 1962, as amended. For previous amendments, see No. 71, 1965; No. 93, 1966; No. 11, 1972; No. 185, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 36, 1978; No. 145, 1980; No. 61, 1981; and No. 48, 1982.

42. No. 108, 1962, as amended. For previous amendments, see No. 93, 1966.

43. No. 85, 1976, as amended. For previous amendments, see Nos. 36 and 211, 1978; and No. 44, 1981.

44. No. 9, 1964, as amended. For previous amendments, see No. 93, 1966; No. 141, 1968; No. 216, 1973; No. 112, 1974; No. 43, 1976; No. 71, 1977; and No. 74, 1979.

NOTES—continued

45. No. 37, 1969.

46. No. 65, 1977, as amended. For previous amendments, see No. 125, 1979; and No. 176, 1981.

47. No. 4, 1913, as amended. For previous amendments, see No. 32, 1919; No. 1, 1921; No. 8, 1925; No. 8, 1926; No. 49, 1934; No. 30, 1935; No. 1, 1943; No. 80, 1950; No. 109, 1952; No. 96, 1953; No. 46, 1956; No. 36, 1958; No. 96, 1961; No. 1, 1965; No. 93, 1966; No. 60, 1967; No. 62, 1968; Nos. 1 and 117, 1970; No. 28, 1972; No. 216, 1973 (as amended by No. 20, 1974); Nos. 91 and 157, 1976; Nos. 98 and 155, 1979; Nos. 70 and 87, 1980; and Nos. 10, 36, 61 and 74, 1981.

48. No. 25, 1979, as amended. For previous amendments, see No. 120, 1981; No. 26, 1982; and Statutory Rules No. 153, 1981.

49. No. 25, 1971.

50. No. 147, 1974, as amended. For previous amendments, see No. 91, 1976; No. 100, 1977; No. 118, 1980; No. 118, 1981; and No. 26, 1982.

51. No. 23, 1946, as amended. For previous amendments, see No. 69, 1952; No. 26, 1958; No. 85, 1963; No. 93, 1966; Nos. 31 and 139, 1968; No. 9, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 56, 1975; No. 36, 1978; No. 19, 1979; No. 177, 1980; Nos. 61 and 115, 1981; and No. 66, 1982.

52. No. 22, 1979.

53. No. 118, 1967, as amended. For previous amendments, see No. 1, 1968; No. 26, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 57, 1974; No. 80, 1980 (as amended by Nos. 79 and 176, 1981); and No. 79, 1981.

54. No. 30, 1971, as amended. For previous amendments, see No. 216, 1973; No. 47, 1975; and No. 61, 1981.

55. No. 48, 1975, as amended. For previous amendments, see No. 91, 1976; and No. 20, 1980.

56. No. 54, 1975, as amended. For previous amendments, see Nos. 36 and 170, 1978; No. 7, 1979; No. 177, 1980; and Nos. 61 and 74, 1981.

57. No. 21, 1965, as amended. For previous amendments, see No. 66, 1966; and Nos. 4 and 21, 1979.

58. No. 20, 1965, as amended. For previous amendments, see No. 67, 1966.

59. No. 60, 1951, as amended. For previous amendments, see No. 79, 1965; No. 93, 1966; No. 216, 1973; No. 70, 1976; No. 36, 1978; and No. 187, 1979.

 

NOTES—continued

60. 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 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; Nos. 36 and 170, 1978; Nos. 52 and 155, 1979; No. 177, 1980; No. 61, 1981; and No. 26, 1982.

61. No. 92, 1969, as amended. For previous amendments, see No. 57, 1972; Nos. 140 and 216, 1973; No. 48, 1974; and No. 20, 1981.

62. No. 11, 1945, as amended. For previous amendments, see Nos. 29 and 43, 1945; No. 48, 1951; No. 89, 1952; Nos. 12 and 90, 1953; No. 56, 1955; No. 96, 1956; Nos. 7 and 52, 1958; No. 16, 1959; No. 92, 1962; No. 93, 1966; No. 216, 1973; No. 103, 1978; and No. 61, 1981.

63. No. 82, 1968, as amended. For previous amendments, see No. 216, 1973; No. 155, 1979; and No. 70, 1980.

64. No. 11, 1905, as amended. For previous amendments, see No. 9, 1938; No. 97, 1964; No. 40, 1974; and No. 16, 1977.

65. No. 13, 1949, as amended. For previous amendments, see No. 78, 1959; No. 93, 1966; Nos. 7 and 52, 1968; No. 216, 1973; No. 91, 1976; and Nos. 36 and 143, 1978.

66. No. 13, 1911, as amended. For previous amendments, see No. 56, 1938; No. 18, 1947; No. 7, 1949; No. 10, 1953; No. 16, 1954; No. 99, 1959; No. 67, 1960; No. 102, 1964; No. 97, 1967; No. 124, 1968; No. 49, 1970; No. 52, 1971; No. 124, 1972; No. 216, 1973; No. 93, 1974; Nos. 91 and 168, 1976; and Nos. 19, 102 and 112, 1979.

67. 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; and No. 26, 1982.

68. No. 27, 1965, as amended. For previous amendments, see No. 153, 1965; No. 90, 1969; No. 112, 1973; and No. 12, 1978.

69. No. 176, 1981, as amended. For previous amendments, see No. 26, 1982.

70. No. 26, 1982.

71. No. 61, 1981, as amended. For previous amendments, see No. 26, 1982.

 

NOTES—continued

72. No. 55, 1975, as amended. For previous amendments, see No. 94, 1976; No. 160, 1977; Nos. 36 and 170, 1978; No. 115, 1979; No. 177, 1980; and No. 61, 1981.

73. No. 6, 1978.

74. No. 29, 1966, as amended. For previous amendments, see No. 216, 1973; and No. 118, 1981.

75. No. 51, 1974, as amended. For previous amendments, see Nos. 56 and 63, 1975; Nos. 88 and 157, 1976; Nos. 81, 111 and 151, 1977; Nos. 206 and 207, 1978; No. 73, 1980; and Nos. 61 and 176, 1981.

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