Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 (Cth)
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
be fixed by Proclamation or on such respective days as are fixed by Proclamation.
34 (3) and Schedule 1) made by this Act shall come into operation on a day to be fixed by Proclamation.
(a) the hearing and determination of an appeal instituted before the commencement of that amendment;
(b) the institution of an appeal pursuant to leave or special leave granted before that commencement or the hearing and determination of an appeal so instituted; or
(c) the hearing and determination of a case stated, or a question reserved, before that commencement.
“(4) Nothing in sub-section (3) shall be taken to prevent a Judge of the Supreme Court of the Northern Territory from stating a case, or reserving or referring a question concerning a matter referred to in sub-section (1), to the Full Court of that Court.
“(5) In sub-section (4), ‘Judge’
has the same meaning as in the
(a) was registered as a patent attorney immediately before that commencement; or
(b) was not registered as a patent attorney immediately before that commencement, but had, before that commencement, passed in one or more subjects of the prescribed examination,
as if that amendment had not been made.
AMENDMENTS OF ACTS
Repeal the section.
Repeal the section.
Insert “or in respect of” after “does not apply to”.
Omit “sub-section 80 (1) of”.
Omit “Chairman”, substitute “President”.
Omit all the
words after
Omit the paragraph, substitute the following paragraph:
“(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory;”.
Insert the following definition:
“‘owner’, in relation to a vehicle—
(a) in the case of a vehicle that is registered in the name of a person under the law of a State or Territory relating to the registration of motor vehicles—means that person;
(b) in the case of a vehicle that is registered in a business name under such a law—means the person who carries on business under the business name; or
(c) in the case of any other vehicle—includes every joint or part owner of the vehicle and any person who has possession and use of the vehicle under or subject to a hire-purchase agreement or bill of sale;”.
Omit “ (a) or (b) of sub-section (1) of section 8”, substitute “8 (1) (a) or (b)”.
Insert the following definition:
“‘Secretary’ means the Secretary to the Department;”.
Omit the definitions.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Omit “(5) of section 6”, substitute “6 (5)”.
Omit “(b) of sub-section (1)”, substitute “(1) (b)”.
Omit “(b) of sub-section (1)”, substitute “(1) (b)”.
Omit “(a) of sub-section (1)”, substitute “(1) (a)”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “(3) of section 9”, substitute “9 (3)”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Insert “or in a specified business name” after “specified person”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(a) Omit “the next succeeding sub-section”, substitute “sub-section (3)”.
(b) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(a) Omit “or of the Crown Law Office of a Territory”.
(b) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “(b) of sub-section (1a)”, substitute “(1a) (b)”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Repeal the section.
Repeal the section.
Add at the end the following paragraphs:
“AND WHEREAS Australia is a Party to the Convention for the Conservation of Antarctic Seals:
“AND WHEREAS it is desirable to make provision for giving effect to that Convention:”.
Omit the definition, substitute the following definition:
“‘animal’ includes a native mammal, a native bird and a seal (whether indigenous to the Antarctic or not);”.
Insert “and seals” after “whales”.
Insert the following definition:
“‘Seals Convention’ means the Convention for the Conservation of Antarctic Seals (a copy of the English text of which is set out in the Schedule);”.
Insert “but subject to the regulations,” after “law,”.
Omit “or seals” (wherever occurring).
Omit “that”.
Omit the definition, substitute the following definition:
“‘concentration’, in relation to birds, means a group of more than 20 birds;”.
Omit the sub-section, substitute the following sub-section:
“(1) The Governor-General may make regulations—
(a) not inconsistent with this Act, prescribing matters—
(i) required or permitted by this Act to be prescribed; or
(ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act or the Agreed Measures; or
(b) for and in relation to giving effect to the Seals Convention.”.
Insert the following paragraph:
“(ba) prohibiting the killing, taking, injuring or other interference with a seal that is indigenous to the Antarctic;”.
Omit the sub-section, substitute the following sub-section:
“(5) The regulations may prescribe penalties for offences against the regulations not exceeding—
(a) in a case where the offence is an offence against regulations made for or in relation to giving effect to the Seals Convention—a fine of $2,000 or imprisonment for 12 months, or both; and
(b) in any other case—a fine of $2,000 or $200 for each day during which the offence continues.”.
Insert the Schedule set out in Schedule 4 to this Act.
Repeal the sections.
Omit the sub-section.
Insert “Local Government and” before “Administrative Services”.
Repeal the section.
Repeal the section.
Omit the sub-section.
Add at the end the following sub-section:
“(2) For the
purposes of the application to the Corporation of Division 3 of Part XI of the
(a) Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.
(b) Omit “of State” (last occurring).
Repeal the section.
Omit “of the Capital Territory”.
Repeal the section.
Omit the heading.
Omit the paragraphs, substitute the following paragraphs:
“(a) in the case of a person—
(i) who, at any time after lodging an application for a certificate of Australian citizenship (including a time after the grant of the certificate), takes an oath of allegiance or makes an affirmation of allegiance in the manner provided by this section and in accordance with the appropriate form set out in Schedule 2; and
(ii) to whom paragraph (b) does not apply—
on and after the day on which the certificate is granted or on which the person takes such an oath or makes such an affirmation, whichever last occurs; or
(b) in the case of a person—
(i) who has not attained the age of 16 years; or
(ii) to whom sub-section 13 (2) applies—
on and after the day on which the certificate is granted.”.
Omit the sub-sections, substitute the following sub-sections:
“(2) The oath or affirmation of allegiance shall—
(a) be taken or made before any of the following persons:
(i) the Minister;
(ii) a Judge of a federal court who is an Australian citizen;
(iii) a Judge or Magistrate holding office under a law of a State or Territory, being a Judge or Magistrate who is an Australian citizen;
(iv) a person, or a person included in a class of persons, approved in writing by the Minister for the purposes of this sub-paragraph, being a person who is an Australian citizen; and
(b) if the Minister has made arrangements under section 41 for it to be taken or made in public, be taken or made in accordance with those arrangements unless the Minister otherwise permits in writing.
“(3) A person who has been granted a certificate of Australian citizenship under sub-section 13 (9) by virtue of being the spouse of a person referred to in sub-paragraph 13 (9) (d) (ii) shall not take the oath of allegiance, or make the affirmation of allegiance, before the last-mentioned person has taken such an oath or made such an affirmation.”.
Insert the following sub-section:
“(4a) The validity of an acquisition of Australian citizenship is not affected by reason only that the oath of allegiance was not taken, or the affirmation of allegiance was not made, before an Australian citizen.”.
Omit “Paragraph 24 (3) (c)” from the column headed “Provision amended”, substitute “Paragraph 25 (3) (c)”.
Repeal the section.
Repeal the section.
Omit “Industry and Commerce”, substitute “Industry, Technology and Commerce”.
Omit “Industry and Commerce” (wherever occurring), substitute “Industry, Technology and Commerce”.
Omit the sub-section.
Repeal the section, substitute the following section:
“30. (1) The Minister may appoint a person who has not attained the age of 65 years to act in the office of Director—
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
“(2) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
“(3) Where a person is acting in the office of Director in accordance with paragraph (1) (b) and the office becomes vacant while the person is so acting, then, subject to sub-section (2), the person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the day on which the vacancy occurred expires, whichever first happens.
“(4) The Minister may—
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of Director; and
(b) terminate such an appointment at any time.
“(5) An appointment of a person under sub-section (1) ceases to have effect if the person attains the age of 65 years or resigns the appointment by writing signed by the person and delivered to the Minister.
“(6) While a person is acting in the office of Director, the person has and may exercise all the powers, and shall perform all the functions, of the Director.
“(7) The validity of anything done by or in relation to a person purporting to act in the office of Director shall not be called in question on the ground that the occasion for the appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.”.
Omit the paragraph, substitute the following paragraph:
“(a) the person is an Australian citizen;”.
Repeal the section.
Omit “majority”, substitute “number”.
Repeal the section.
(a) Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.
(b) Omit “of State” (last occurring).
Repeal the section.
Repeal the sections.
Repeal the section.
Repeal the section.
Omit the sub-section, substitute the following sub-section:
“(2) Subject to this section, the Tribunal shall cause copies of its findings to be given to the applicant, the Director-General, the Commonwealth agency to which the assessment was furnished and the Attorney-General.”.
Repeal the section.
Omit “of State for Administrative Services”, substitute “for Sport, Recreation and Tourism”.
Omit “Division 3”, substitute “Division 2”.
Repeal the section.
Repeal the section.
Omit “tax” (first occurring), substitute “‘tax’”.
(a) Omit “and 160b”, substitute”, 160b and 161”.
(b) Omit “and” from paragraph (b).
(c) Add at the end the following word and paragraph:
“; and (d) a reference in section 160b to the Minister were a reference to the Minister administering the
Bass Strait Freight Adjustment Levy Act 1984 .”
Reverse the order of the definitions.
Reverse the order of the definitions.
Omit “sub-section (1)”, substitute “sub-section 4 (1)”.
Add at the end “or kinds”.
Omit “he”, substitute “a Commissioner”.
Omit “of Industry and Commerce”.
Omit “a reference”, substitute “references”.
Insert “or (6)” after “sub-section 21 (4)”.
Omit “during” (wherever occurring), substitute “in respect of”.
Omit all the words after “service” (first occurring), substitute the following:
“provided, in relation to the motor by—
(a) the manufacturer, or a person employed by the manufacturer, otherwise than at premises registered under section 22 in the name of the manufacturer; or
(b) a person other than—
(i) the manufacturer; or
(ii) a person employed by the manufacturer,
not being a process or service consisting of design, research or development carried out in Australia by or on behalf of the manufacturer”.
(a) Omit “section 16”, substitute “section 18”.
(b) Omit “during”, substitute “in respect or’.
Omit “during” (wherever occurring), substitute “in respect or’.
Omit “the one-minute Cobb method”, substitute “the APPITA P411S-80 test as in force from time to time”.
Omit the sub-section.
Omit “his”, substitute “the person’s”.
(a) Omit “him”, substitute “the person”.
(b) Omit “his”, substitute “the person’s”.
Omit “he” (wherever occurring), substitute “the authorized person”.
Omit “him”, substitute “the Minister”.
Omit “him”, substitute “the person”.
Omit “he” (wherever occurring), substitute “the person”.
Omit “he”, substitute “the authorized person”.
Omit “him”, substitute “the Minister”.
Omit “him”, substitute “the authorized person”.
Omit “he”, substitute “the person”.
(a) Omit “he”, substitute “the person”.
(b) Omit “him” (wherever occuring), substitute “the person”.
Omit “him”, substitute “the canner”.
Omit “him”, substitute “the person”.
Omit “his”, substitute “the member’s”.
Omit “member”, substitute “person”.
Repeal the section.
Omit “he”, substitute “the Chairperson”.
Omit “he”, substitute “the person”.
Omit “his” (wherever occurring), substitute “the person’s”.
Omit “he”, substitute “the authorized person”.
(a) Omit “of Primary Industry”.
(b) Omit “that”, substitute “the”.
(c) Omit “him”, substitute “the Secretary”.
Repeal the section.
(a) Omit “of Primary Industry”.
(b) Omit “that”, substitute “the”.
(c) Omit “him”, substitute “the Secretary”.
Repeal the section.
Omit “him” from the amendment of sub-section 13 (3) set out in the column headed “Omit—”, substitute “him (wherever occurring)”.
Repeal the section.
Omit “sections 15 and 15a”, substitute “section 15a”.
Omit the sub-section.
Omit “The preceding provisions of this section”, substitute “Sub-sections (1) and (2)”.
Repeal the section.
Omit “sections 14 and 14a”, substitute “section 14a”.
Omit “
Omit the sub-section.
Omit
Repeal the section, substitute the following section:
“16. (1) Provision may be made by Ordinance for and in relation to—
(a) sittings in Australia outside the Territory of a Territory court for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if the court is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice;
(b) the establishment and operation at places in Australia outside the Territory of registries of Territory courts; and
(c) where a power or duty is conferred or imposed by law on a person who holds an office in relation to a Territory court—the exercise of the power, or the performance of the duty, at places in Australia outside the Territory.
“(2) A reference in sub-section (1) to a Territory court is a reference to a court having jurisdiction in the Territory.”.
Omit “‘ 16a’ ”, substitute “ ‘16b’ ” .
Omit the sub-paragraph, substitute the following paragraph:
“(iii) persons who
are employed under section 42 of the
Omit the sub-section.
Repeal the section.
Omit the sub-section.
Repeal the section.
Omit “organisation”, substitute “organization”.
Add at the end “not being, in relation to a particular financial year, a part of the organization in relation to which a certificate has been issued under sub-section 158an (1) in relation to that year”.
Insert the following section in Part VIIIaa:
“158an. (1) If, upon the application of an organization made after the end of a financial year, the Registrar is satisfied that the income of the organization for that year did not exceed $10,000 or, in the case of a financial year that, in pursuance of sub-section 158aa (2), is a period other than 12 months, did not exceed such amount as the Registrar considers appropriate in the circumstances, the Registrar shall issue to the organization a certificate to that effect, and, where such a certificate is issued in respect of an organization in relation to a financial year—
(a) the following provisions of this section apply in relation to the organization in relation to that financial year;
(b) except as provided in paragraph (c), the provisions of this Part continue to apply in relation to the organization in relation to that financial year; and
(c) the provisions of sections 158ad and 158ag (other than sub-sections (5), (6) and (7) of section 158ag) and sub-section 158ah (1) do not apply in relation to the organization in relation to that financial year.
“(2) The provisions of this Part (other than this section) apply to the organization in relation to the financial year as if—
(a) a reference to accounts and statements prepared or to be prepared in accordance with section 158ad were a reference to accounts and statements prepared in accordance with sub-section (3) of this section;
(b) the reference in sub-section 158ada (3) to accounts prepared in accordance with section 158ad were a reference to accounts prepared in accordance with sub-section (3) of this section;
(c) the reference in sub-section 158ag (5) to sub-section 158ag (4a) or (4b) were a reference to sub-section (5) of this section;
(d) the reference in sub-section 158ag (6) to sub-section 158ag (1) were a reference to sub-section (5) of this section; and
(e) the reference in sub-sections 158ah(2), (3) and (4) to sub-section 158ah(1) were a reference to sub-section (8) of this section.
“(3) As soon as practicable after the issue of the certificate under sub-section (1), the organization shall cause to be prepared from the accounting records kept by the organization in accordance with sub-section 158ac(1), in respect of the financial year, such accounts and other statements in respect of the financial year as are prescribed, and shall include in the accounts so prepared the relevant figures from the accounts prepared by the organization, in accordance with this sub-section or sub-section 158ad(1), whichever is applicable, in respect of the preceding financial year.
Penalty: $1,000.
“(4) The regulations may make provision for and in relation to the giving of certificates in, or in relation to, accounts or other statements prepared in accordance with sub-section (3).
“(5) After the making to the organization of the report of the auditor under section 158afwith respect to the auditor’s inspection and audit of the accounting records kept by the organization in respect of the financial year and before the end of the financial year immediately following that financial year, the organization shall cause a copy of that report, together with copies of the accounts and statements prepared in accordance with sub-section (3) to which that report relates, to be presented to a meeting of the members of the organization.
“(6) An organization shall supply free of charge a copy of the report, accounts and statements referred to in sub-section (5) to any member of the organization who so requests.
“(7) An organization that has not supplied the report, accounts and statements referred to in sub-section (5) to a member of the organization within 14 days after the receipt by the organization of a request by the member made in pursuance of sub-section (6) (in this sub-section referred to as the ‘relevant period’) is guilty of an offence against that sub-section punishable, upon conviction, by a fine not exceeding $500 plus $50 for each completed week of the period commencing on the expiration of the relevant period and ending on—
(a) if the organization supplied the documents to which the offence relates before the day on which the organization is convicted—the day on which the documents were so supplied; or
(b) in any other case—the day on which the organization is convicted.
“(8) The organization shall, within 90 days (or such longer period as the Registrar allows) after the making to the organization of the report under section 158af, file with the Registrar copies of the report and the accounts and statements referred to in sub-section (5)
of this section together with a certificate by the Secretary, or other prescribed officer, of the organization that the information contained in the accounts and statements is correct.”.
Omit “ ‘organisation’ ”, substitute “ ‘organization’ ”.
Omit
Insert the following definition:
“‘Convention’ means the Vienna Convention on Consular Relations, a copy of the English text of which is set out in the Schedule;”.
Omit the definition.
Omit “Police Force”, substitute “police force”.
Omit “five”, substitute “5”.
Omit “1963-1966”,
substitute “
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “1967-1972”,
substitute “
Omit “of this section” (wherever occurring).
(a) Omit “1936-1972”, substitute “
1936 ”. (b) Omit “and of the
Income Tax Ordinance 1959 of Papua New Guinea as amended and in force at any time”.(c) Omit “the first day of July, One thousand nine hundred and seventy-two”, substitute “1 July 1972”.
Omit “1903-1969”,
substitute “
Omit “the last preceding section”, substitute “section 5”.
Omit “1901 -1971”,
substitute “
(a) Omit “1901-1971” substitute “
1901 ”. (b) Omit “the last preceding section”, substitute “section 5”.
(a) Omit “of this section”.
(b) Omit “1921-1972”, substitute “
Act 1921 ”.
Omit “the last preceding paragraph”, substitute “paragraph (b)”.
Omit “1921-1972”,
substitute “
Omit “(a) of the last preceding sub-section”, substitute “(1) (a)”.
Omit “of this section”.
Omit “two”, substitute “2”.
(a) Omit “1930-1970” (wherever occurring), substitute “
1930 ”. (b) Omit “the last preceding section”, substitute “section 7”.
(c) Omit “1921-1972”, substitute “
Act 1921 ”.
(a) Omit “The last preceding sub-section”, substitute “Sub-section (1)”.
(b) Omit “(1) of the last preceding section”, substitute “7 (1)”.
Omit “of this section”.
Omit “two”, substitute “2”.
Omit “1967-1972”,
substitute “
(a) Omit “the last preceding paragraph”, substitute “paragraph (a)”.
(b) Omit “1967-1972”, substitute “
1967 ”.
Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (i)”.
Omit “either of the last two preceding sub-paragraphs”, substitute “sub-paragraph (i) or (ii)”.
Omit “(i) of the last preceding paragraph”, substitute “(b) (i)”.
Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (i)”.
Omit “(i) of paragraph (b) of this sub-section”, substitute “(b) (i)”.
Omit “the last preceding sub-paragraph”, substitute “sub-paragraph (i)”.
Omit “(i) of paragraph (b) of this sub-section”, substitute “(b) (i)”.
Omit “(a) of the last preceding sub-section”, substitute “(1) (a)”.
Omit “the last preceding paragraph”, substitute “paragraph (b)”.
Omit “either of the last two preceding paragraphs”, substitute “paragraph (b) or (c)”.
Omit “or paragraph (c) of this sub-section”, substitute “or (c)”.
Insert the following section:
“12a.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister for Industry, Technology and Commerce.
“(3) A delegation under this section does not prevent the exercise of a power by the Minister for Industry, Technology and Commerce.”.
Omit “THE SCHEDULE”, substitute “SCHEDULE”.
Omit “Industry and Commerce”, substitute “Industry, Technology and Commerce”.
Omit “to this Act:”.
Omit “fifteen” (wherever occurring), substitute “15”.
(a) Omit “fifteen”, substitute “15”.
(b) Omit “the last two preceding sub-sections”, substitute “sub-sections (2) and (3)”.
Omit “six”, substitute “6”.
Insert the following definition:
“‘non-citizen’ means a person who is not an Australian citizen;”.
Omit “British subject”, substitute “non-citizen”.
Repeal the section.
Repeal the section.
Repeal the section.
Insert the following paragraph:
“(ca) the making of allotments of remuneration by members and the suspension, variation and cancellation of allotments of remuneration made by members;”.
Omit the sub-section, substitute the following sub-section:
“(3) A determination shall not be made providing for or in relation to the forfeiture or assignment of the whole or part of—
(a) the remuneration of a member or cadet; or
(b) allowances or other pecuniary benefits referred to in paragraph (1) (b) or (c).”.
Omit “The Governor-General may make arrangements with the Governor of a State or the Administrator of a Territory”, substitute “The Minister may make arrangements with a Minister of a State or Territory”.
Insert the following section in Part X:
“117b. A person who is or has been a member of the Defence Force may recover from the Commonwealth, by action in a court of competent jurisdiction, money due to the person by the Commonwealth in respect of the person’s service as a member of the Defence Force.”.
Omit “48, 48a, 50 and 50b”, substitute “46, 48, 48a, 50, 50b and 123a”.
Omit “section 50b”, substitute “sections 50b and 123a”.
Insert the following section:
“120b. (1) Where judgment has been given by a court against a member for the payment of a sum of money, the person in whose favour judgment was given (in this section referred to as the ‘judgment creditor’) may serve on a paying officer—
(a) a copy of the judgment, certified under the hand of the Registrar or other appropriate officer of the court; and
(b) a statutory declaration that—
(i) states that the judgment has not been satisfied by the member; and
(ii) sets out the amount then due by the member under the judgment.
“(2) The paying officer shall, as soon as practicable after service of the copy of the judgment and the statutory declaration, by notice in writing given to the member—
(a) inform the member of the service on the paying officer of the copy of the judgment and the statutory declaration; and
(b) require the member—
(i) to inform the paying officer, in writing, within the time specified for the purpose in the notice, whether the judgment has been satisfied; and
(ii) if—
(a) the member claims the judgment has been satisfied, to furnish evidence in support of the claim; or
(b) the member admits that the judgment has not been satisfied, to state the amount then due under the judgment.
“(3) If the member—
(a) fails, within the time specified for the purpose in the notice, to satisfy the paying officer that the judgment has been satisfied; or
(b) admits that the judgment has not been satisfied,
the paying officer shall, subject to sub-section (13), in relation to each pay-day of the member, cause to be deducted from the salary payable to the member on the pay-day an amount equal to the normal deduction in relation to the member in relation to the pay-day or such lesser amount as is, in the opinion of the paying officer, sufficient to satisfy the amount then due under the judgment.
“(4) There is payable to the Commonwealth, by the judgment creditor, an administration fee, at the prescribed rate, in respect of each amount deducted pursuant to sub-section (3).
“(5) The paying officer shall, subject to sub-section (6), cause an amount equal to each amount deducted pursuant to sub-section (3) to be paid to the judgment creditor.
“(6) Where an amount is deducted pursuant to sub-section (3) and the whole or part of the administration fee payable in respect of the amount has not been paid by the judgment creditor, the paying officer shall—
(a) apply, in or towards payment of the administration fee, the amount of the deduction or so much of the amount of the deduction as is equal to the administration fee; and
(b) if the whole of the amount of the deduction is not applied in accordance with paragraph (a), pay an amount equal to the balance to the judgment creditor.
“(7) Upon the application under sub-section (6) of an amount (in this sub-section referred to as the ‘relevant amount’) in or towards payment of the administration fee payable in respect of an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day—
(a) the judgment creditor shall be deemed to have paid the relevant amount to the Commonwealth in satisfaction or partial satisfaction, as the case requires, of the administration fee;
(b) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the member on account of the salary payable to the member on the pay-day; and
(c) an amount equal to the relevant amount shall also be deemed to have been paid by the member to the judgment creditor in relation to the judgment.
“(8) Upon payment being made to the judgment creditor pursuant to sub-section (5) or (6) of an amount (in this sub-section referred to as the ‘relevant amount’) in relation to an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day—
(a) an amount equal to the relevant amount shall be deemed to have been paid by the Commonwealth to the member on account of the salary payable to the member on the pay-day; and
(b) an amount equal to the relevant amount shall also be deemed to have been paid by the member to the judgment creditor in relation to the judgment.
“(9) When the judgment has been satisfied, the judgment creditor shall forthwith notify the paying officer accordingly.
Penalty: $500 or imprisonment for 3 months.
“(10) If the amounts deemed, by virtue of paragraphs (7) (c) and (8) (b), to have been paid by the member to the judgment creditor exceed, in the aggregate, the amount due under the judgment, the excess is repayable by the judgment creditor to the member, and, in default of repayment, may be recovered, by action in a court of competent jurisdiction, as a debt due by the judgment creditor to the member.
“(11) Where, in relation to an amount deducted pursuant to sub-section (3) from the salary payable to the member on a pay-day, an amount is, by virtue of paragraph (7) (c), deemed to have been paid by the member to the judgment creditor and an amount is, by virtue of paragraph (8) (b), deemed to have been paid by the member to the judgment
creditor, then, for the purposes of sub-section (10), the last-mentioned amount shall be deemed to have been paid after the second-mentioned amount.
“(12) If the member ceases to be a member before the paying officer is notified that the judgment has been satisfied, the paying officer shall forthwith inform the judgment creditor, in writing, of the fact that the member has ceased to be a member and the date on which the member ceased to be a member.
“(13) If the paying officer is satisfied that the deduction of the amount that the paying officer would, but for this sub-section, be required to deduct from the salary payable to the member on a pay-day would cause severe hardship to the member, the paying officer may deduct a lesser amount in relation to the pay-day.
“(14) Where copies of more than one judgment, and statutory declarations in relation to those judgments, are served under sub-section (1) in relation to a member, the judgments shall be dealt with under this section in the order in which copies of the judgments are served under that sub-section.
“(15) Sub-sections (1) to (14) (inclusive) do not apply to a member—
(a) who is a bankrupt; or
(b) in relation to whom a deed of assignment, a deed of arrangement or a composition is in force under the
Bankruptcy Act 1966.
“(16) In this section—
‘net salary’, in relation to a member in relation to a pay-day, means the amount of salary payable by the Commonwealth to the member on the pay-day after deductions have been made—
(a) pursuant to Division 2 of Part VI of the
Income Tax Assessment Act 1936 ;(b) pursuant to Part III of the
Defence Force Retirement and Death Benefits Act 1973 ; and(c) for purposes prescribed for the purpose of this paragraph;
‘member’ means a member of the Defence Force rendering continuous full-time service;
‘normal deduction’, in relation to a member in relation to a pay-day, means an amount equal to 20% of the net salary of the member in relation to the pay-day or such greater amount as the member notifies a paying officer, in writing, should be the normal deduction for the purposes of this section in relation to the pay-day;
‘pay-day’, in relation to a member, means a day on which salary is payable to the member;
‘paying officer’ means an officer of the Australian Public Service performing duties in the Department who is appointed by the Secretary, in writing, to be a paying officer for the purposes of this section;
‘salary’, in relation to a member, means any money payable by the Commonwealth to the member by way of salary, and includes any money payable by the Commonwealth to the member by way of an allowance prescribed for the purposes of this definition, but does not include any money payable to the member by way of a weekly payment of compensation under the
Compensation (Commonwealth Government Employees) Act 1971 ”.
Omit “or by an officer authorized by that chief of staff’ (wherever occurring).
Re-letter paragraphs (e) and (f) as paragraphs (d) and (e) respectively.
Omit the paragraph.
Omit “British subjects”, substitute “Australian citizens”.
Repeal the section.
Insert the following section:
“86a. (1)An authorized officer may administer oaths and affirmations for the purposes of this Part.
“(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.
“(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.
“(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.”.
Insert the following section in Division 1 of Part VI:
“101aa. (1)An authorized officer may administer oaths and affirmations for the purposes of this Part.
“(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.
“(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.
“(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.”.
Insert “or in relation to a class of cases in which the particular case is included” after “particular case”.
Omit “an appropriate legal officer”, substitute “a legal officer”.
Omit the sub-section.
Omit the sub-section, substitute the following sub-section:
“(1) A reviewing authority shall not commence a review without first obtaining a report on the proceedings from—
(a) in the case of a conviction, or a direction given under sub-section 145 (2) or (5), by a court martial or Defence Force magistrate—a legal officer appointed, by instrument in writing, for the purposes of this section by a chief of staff on the recommendation of the Judge Advocate General; or
(b) in any other case—a legal officer.”.
Insert “, or an officer of the Australian Public Service performing duties in the Department,” after “an authorized officer” (wherever occurring).
Omit “This section has”, substitute “Sub-sections (1) and (2) have”.
Omit the heading, substitute the following heading:
“PART II—DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL”.
Repeal the section.
Omit “pay on” from the column headed “Omit (wherever occuring)”.
Opposite the reference to “(b) ‘thirty-six of this Act’”, insert “36” in the column headed “Substitute”.
Omit “Social Security”, substitute “Community Services”.
Omit “Police Force”, substitute “police force”.
Omit “The last preceding sub-section”, substitute “Sub-section (1)”.
Omit “eleven of this Act”, substitute “11”.
Omit “seven”, substitute “7”.
Omit “seven”, substitute “7”.
Omit “two”, substitute “2”.
(a) Omit “the last preceding section”, substitute “11”.
(b) Omit “two”, substitute “2”.
Omit “seven”, substitute “7”.
Omit “Penalty: Imprisonment for two years.”, substitute “Penalty for contravention of this sub-section: Imprisonment for 2 years.”.
(a) Omit “the last preceding section”, substitute “section 14”.
(b) Omit “not”.
(c) Insert “not” after “deemed”.
(d) Omit “
Rules Publication Act 1903-1939”, substitute “Statutory Rules Publication Act 1903 ”.
Omit the sub-section, substitute the following sub-section:
“(2) The
provisions of sections 48 (other than paragraphs (1) (a) and (b) and
sub-section (2)), 49, 49a and 50
of the
(a) Omit “1901-1950”, substitute “
1901 ”. (b) Omit “the last preceding section”, substitute “section 14 of this Act”.
(c) Omit “forty-six”, substitute “46”.
Omit “the last preceding section”, substitute “section 14”.
Omit “two”, substitute “2”.
(a) Omit “eleven of this Act”, substitute “11”.
(b) Omit “nine of this Act”, substitute “9”.
Omit “Director-General of Civil Aviation”, substitute “Secretary to the Department of Aviation”.
Omit “in pursuance of the last preceding sub-section”, substitute “pursuant to sub-section (1)”.
Omit “fourteen of this Act”, substitute “14”.
Omit “Penalty: Imprisonment for two years.”, substitute “Penalty for contravention of this sub-section: Imprisonment for 2 years.”.
Omit “two”, substitute “2”.
Omit “1947”,
substitute “
Repeal the section, substitute the following section:
“29. (1) An offence against this Act is an indictable offence and, subject to sub-sections (2) and (3), is punishable on conviction by a penalty not exceeding the penalty provided by this Act in respect of the offence.
“(2) Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.
“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.”.
Omit “Penalty: Imprisonment for five years.”, substitute “Penalty for contravention of this sub-section: Imprisonment for 5 years.”.
Omit “six”, substitute “6”.
Omit “Three years’ imprisonment”, substitute “$5,000 or imprisonment for 2 years, or both”.
Omit all the words after “sub-section (1).”, substitute the following:
“Penalty:
(a) in the case of a natural person—$5,000 or imprisonment for 2 years, or both; or
(b) in the case of a body corporate—$25,000.”.
Add at the foot the following:
“Penalty: $1,000 or imprisonment for 6 months, or both.”.
Omit “Penalty: $100.”, substitute the following:
“Penalty for contravention of this sub-section:
(a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate—$5,000.”.
Omit “$100”, substitute “$1,000 or imprisonment for 6 months, or both”.
Omit “Penalty: $200.”, substitute the following:
“Penalty:
(a) in the case of a natural person—$1,000; or
(b) in the case of a body corporate—$5,000.”.
Insert the following section:
“45a. (1) An offence against section 36 or sub-section 40f (2) is an indictable offence.
“(2) Notwithstanding that an offence against section 36 or sub-section 40f (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
“(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against section 36, the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months, or both.
“(4) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 40f (2), the penalty that the court may impose is—
(a) if the person is a natural person, a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or
(b) if the person is a body corporate, a fine not exceeding $5,000.”.
Insert the following definition:
“‘Convention’ means the Vienna Convention on Diplomatic Relations, a copy of the English text of which is set out in the Schedule;”.
Omit the definition.
Omit “as amended and in force at any time”.
Omit “1921”,
substitute “
Insert the following section:
“14a. (1) The Minister for Industry, Technology and Commerce may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that Minister, delegate to a person all or any of that Minister’s powers under this Act, other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister for Industry, Technology and Commerce.
“(3) A delegation under this section does not prevent the exercise of a power by the Minister for Industry, Technology and Commerce.”.
Omit “THE SCHEDULE”, substitute “SCHEDULE”.
Repeal the section.
Omit “ ‘Administrator’ ”, substitute “ ‘administrator’ ”.
Omit “ ‘Adopted Child’ ”, substitute “ ‘adopted child’ ”.
Omit “or under that Act as amended”.
Omit “ ‘Child’ or ‘Children’ ”, substitute “ ‘child’ ”.
Insert the following definition:
“ ‘Commissioner’ means the Commissioner of Taxation;”.
Omit “ ‘Debts’”, substitute “‘debts’”.
Omit “ ‘Duty’ ”, substitute “ ‘duty’ ”.
Omit “ ‘Estate’ ”, substitute “ ‘estate’ ”.
Omit “ ‘Gift
Omit “ ‘Member of the family’ ”, substitute “ ‘member of the family’ ”.
Omit “ ‘Settlement’ ”, substitute “ ‘settlement’ ”.
Omit “a” (first occurring), substitute “the”.
Omit the definition.
Omit “ ‘Member of the family’ ”, substitute “ ‘member of the family’ ”.
Omit “, subject to the control of the Minister,”.
Omit “three years” (wherever occurring), substitute “3 years”.
Omit “three”, substitute “3”.
Omit “three”, substitute “3”.
(a) Omit “paragraph (f) of the last preceding sub-section”, substitute “paragraph (4) (f)”.
(b) Omit “three per centum”, substitute “3%”.
Omit “the last preceding paragraph”, substitute “paragraph (b)”.
Omit “, or of that Act as amended and in force at any time”.
Omit “Government of the Commonwealth”, substitute “Australian Government”.
Insert the following definitions:
“ ‘Joint Defence Space Research Facility’ means the undertaking the establishment of which is provided for by an agreement dated 9 December 1966 between the Government of Australia and the Government of the United States of America;
‘North West Cape naval communication station’ means the naval communication station the establishment of which is provided for by the agreement approved by the
United States Naval Communication Station Agreement Act 1963 ”.
Omit “the last preceding paragraph”, substitute “paragraph (a)”.
Omit “Government of the Commonwealth”, substitute “Australian Government”.
Omit the definitions.
Add at the end the following definition:
“‘United States Forces’ means the armed forces of the Government of the United States of America.”.
Omit “Government of the Commonwealth”, substitute “Australian Government”.
Omit “The last preceding sub-section”, substitute “Sub-section (3)”.
Omit “five”, substitute “5”.
(a) Omit “one”, substitute “1”.
(b) Omit “fifty per centum”, substitute “50%”.
(a) Omit “one”, substitute “1”.
(b) Omit “two”, substitute “2”.
(c) Omit “forty per centum”, substitute “40%”.
(a) Omit “two”, substitute “2”.
(b) Omit “three”, substitute “3”.
(c) Omit “thirty per centum”, substitute “30%”.
(a) Omit “three”, substitute “3”.
(b) Omit “four”, substitute “4”.
(c) Omit “twenty per centum”, substitute “20%”.
(a) Omit “four”, substitute “4”.
(b) Omit “five”, substitute “5”.
(c) Omit “ten per centum”, substitute “10%”.
Omit “(4) of section 8”, substitute “8 (4)”.
Omit “(f) of sub-section (4) of section 8”, substitute “8 (4) (f)”
Omit “(6) or sub-section (7) of section 8”, substitute “8 (6) or (7)”.
Omit “(6) or sub-section (7) of section 8”, substitute “8 (6) or (7)”.
(a) Omit “three”, substitute “3”.
(b) Omit “Five thousand pounds” (wherever occurring), substitute “$10,000”.
Omit “three”, substitute “3”.
(a) Omit “1956-1962”, substitute “
1956 ”. (b) Omit “three”, substitute “3”.
Omit “any of the preceding provisions of this section”, substitute “sub-section (1), (1a) or (1b)”.
(a) Omit “1920-1962” (wherever occurring), substitute “
1920 ”. (b) Omit “1956-1962”, substitute “
1956 ”.
Omit” 1920-1962”,
substitute “
Omit “1956-1962”,
substitute “
Omit “five per centum”, substitute “5%”.
(a) Omit “the last preceding paragraph”, substitute “paragraph (a)”.
(b) Omit “that paragraph”, substitute “paragraph (a)”.
(a) Omit “the last preceding paragraph”, substitute “paragraph (a)”.
(b) Omit “that paragraph”, substitute “paragraph (a)”.
Omit “1936-1969”,
substitute “
Omit “the last preceding paragraph”, substitute “paragraph (d)”.
Omit “any of the last three preceding paragraphs”, substitute “paragraph (c), (d) or (e)”
(a) Omit “the next succeeding paragraph”, substitute “paragraph (b)”
(b) Omit “twelve”, substitute “12”.
(a) Omit “1936-1969”, substitute “
1936 ”. (b) Omit “twelve” (wherever occurring), substitute “12”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “(4) of section 8”, substitute “8 (4)”.
Omit “(5) of section 8”, substitute “8 (5)”.
Omit “(4) of section 8”, substitute “8 (4)”.
Omit “twelve”, substitute “12”.
Omit “four”, substitute “4”.
Omit “twelve”, substitute “12”.
Omit “three”, substitute “3”.
Omit “(a), (b), (c), (e) or (f) of sub-section (4) of section 8”, substitute “8 (4) (a), (b), (c), (e) or (f)”
(a) Omit “The last preceding sub-section”, substitute “Sub-section (1)”.
(b) Omit “(d) of sub-section (2) of the next succeeding section”, substitute “9d (2) (d)”.
Omit “the next succeeding section”, substitute “section 9e”.
Omit “the last preceding sub-section”, substitute “sub-section (2)”.
Omit “the next succeeding paragraph”, substitute “paragraph (b)”.
Omit “(a) of sub-section (4) of section 8”, substitute “8 (4) (a)”.
Omit “(a) or paragraph (b) of the last preceding sub-section”, substitute “(4) (a) or (b)”.
Omit “(d) of sub-section (2)”, substitute “(2) (d)”.
(a) Omit “the next succeeding sub-section”, substitute “sub-section (8)”.
(b) Omit “(d) of sub-section (2)”, substitute “(2) (d)”.
Omit “thirty”, substitute “30”.
(a) Omit “sub-section (4) of section 24”, substitute “sub-section 24 (4)”.
(b) Omit “thirty”, substitute “30”.
(a) Omit “thirty”, substitute “30”.
(b) Omit “Court”, substitute “court”.
Omit “fifty per centum”, substitute “50%”.
(a) Omit “fifty per centum”, substitute “50%”.
(b) Omit “one-tenth of one per centum”, substitute “0.1 %”.
(a) Omit “(d) of sub-section (2) of the last preceding section”, substitute “9d (2) (d)”.
(b) Omit “(4) of that section”, substitute “9d (4)”.
(a) Omit “(6) or sub-section (7) of section 8”, substitute “8 (6) or (7)”.
(b) Omit “(d) of sub-section (2) of the last preceding section”, substitute “9d (2) (d)”.
(c) Omit “(4) of that section”, substitute “9d (4)”.
Omit “the next succeeding section”, substitute “section 16b”.
Omit “the last two preceding paragraphs”, substitute “paragraphs (a) and (b)”.
(a) Omit “Court”, substitute “court”.
(b) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “(d) of sub-section (2) of section 9d”, substitute “9d (2) (d)”.
Omit “(4) of section 9d”, substitute “9d (4)”.
(a) Omit “Federal” (wherever occurring), substitute “Commonwealth”.
(b) Omit “1936-1941”, substitute “
1936 ”. (c) Omit “, or of that Act as amended at any time,”.
Omit “Federal”, substitute “Commonwealth”.
(a) Omit “the last preceding sub-section”, substitute “sub-section (1)”.
(b) Omit “(5) of section 8aa”, substitute “8aa (5)”.
(a) Omit “1936-1944,”, substitute “
1936 ”. (b) Omit “, or of either of those Acts as amended at any time”.
Omit “twelve”, substitute “12”.
Omit “three”, substitute “3”.
Omit “three”, substitute “3”.
Omit “three”, substitute “3”.
Omit “three”, substitute “3”.
Omit “three”, substitute “3”.
Omit “(4) of section 9d”, substitute “9d (4)”.
Omit “(d) of sub-section (2) of section 9d”, substitute “9d(2) (d)”.
Omit “thirty”, substitute “30”.
(a) Omit “(d) of sub-section (2) of section 9d”, substitute “9d (2) (d)”.
(b) Omit “(4) of that section”, substitute “9d (4)”.
(c) Omit “the last preceding sub-section”, substitute “sub-section (1) of this section”.
Omit “thirty”, substitute “30”.
Omit “(a) of sub-section (4)”, substitute “(4) (a)”.
Omit “the next succeeding sub-section”, substitute “sub-section (4)”.
Omit “the next succeeding sub-section”, substitute “sub-section (5)”.
Omit “the date of commencement of this section”, substitute “15 May 1979”.
(a) Omit “(b), (c) or (d) of sub-section (3) of section 34”, substitute “34 (3) (b), (c) or (d)”.
(b) Omit “(a) of section 35a”, substitute “35a (a)”.
(c) Omit “thirty”, substitute “30”.
Omit “the last preceding section”, substitute “section 29”.
Omit “the King on behalf of”.
Omit “the last preceding sub-section,” substitute “sub-section (3)”.
THIS IS TO CERTIFY that this Record is correct in all respects.
Issued at.........................................................................................................................................
...............................19.... | ........................................................................... |
(All ships)
Name of ship:
Distinctive number or letters:
Gross tonnage:
Period from: to:
—————
Note: Oil Record Book Part I shall be provided to every oil tanker of 150 tons gross tonnage and above and every ship of 400 tons gross tonnage and above, other than oil tankers, to record relevant machinery space operations. For oil tankers, Oil Record Book Part II shall also be provided to record relevant cargo/ballast operations.
The following pages of this section show a comprehensive list of items of machinery space operations which are, when appropriate, to be recorded in the Oil Record Book in accordance with Regulation 20 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a letter code.
When making entries in the Oil Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.
Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be signed by the master of the ship.
(A)
1. Identity of tank(s) ballasted.
2. Whether cleaned since they last contained oil and, if not, type of oil previously carried.
3. Position of ship at start of cleaning.
4. Position of ship at start of ballasting.
(B)
DISCHARGE OF DIRTY BALLAST OR CLEANING WATER FROM OIL FUEL TANKS REFERRED TO UNDER SECTION (A) 5. Identity of tank(s).
6. Position of ship at start of discharge.
7. Position of ship on completion of discharge.
8. Ship’s speed(s) during discharge.
9. Method of discharge:
.1 Through 100 ppm equipment;
.2 Through 15 ppm equipment;
.3 To reception facilities.
10. Quantity discharged.
(C)
11. Quantity of residue retained on board for disposal.
12. Methods of disposal of residue:
.1 To reception facilities (identify port);
.2 Mixed with bunkers;
.3 Transferred to another (other) tank(s) (identify tank(s));
.4 Other method (state which).
(D)
NON-AUTOMATIC DISCHARGE OVERBOARD OR DISPOSAL OTHERWISE OF BILGE WATER WHICH HAS ACCUMULATED IN MACHINERY SPACES 13. Quantity discharged.
14. Time of discharge.
15. Method of discharge or disposal:
.1 Through 100 ppm equipment;
.2 Through 15 ppm equipment;
.3 To reception facilities (identify port);
.4 To slop or collecting tank (identify tank).
(E)
AUTOMATIC DISCHARGE OVERBOARD OR DISPOSAL OTHERWISE OF BILGE WATER WHICH HAS ACCUMULATED IN MACHINERY SPACES 16. Time when the system has been put into automatic mode of operation for discharge overboard.
17. Time when the system has been put into automatic mode of operation for transfer of bilge water to collecting (slop) tank (identify tank).
18. Time when the system has been put to manual operation.
19. Method of discharge overboard:
.1 Through 100 ppm equipment;
.2 Through 15 ppm equipment.
(F)
20. Time of system failure.
21. Time when system has been made operational.
22. Reasons for failure.
(G)
23. Time of occurrence.
24. Place or position of ship at time of occurrence.
25. Approximate quantity and type of oil.
26. Circumstances of discharge or escape, the reasons therefor and general remarks.
(H) A
NAME OF SHIP:..........................................................................................................................
DISTINCTIVE NUMBER OR LETTERS:.....................................................................................................................................
CARGO/BALLAST OPERATIONS (OIL TANKERS)*/MACHINERY SPACE OPERATIONS (ALL SHIPS)*
Date | Code (letter) | Item (number) | Record of operations/signature of officer in charge |
Signature of Master...........................................
* Delete as appropriate.
(Oil tankers)
Name of ship:
Distinctive number or letters:
Gross tonnage:
Period from: to:
—————
Note: Every oil tanker of 150 tons gross tonnage and above shall be provided with Oil Record Book Part II to record relevant cargo/ballast operations. Such a tanker shall also be provided with Oil Record Book Part I to record relevant machinery space operations.
NAME OF SHIP: ................................................
DISTINCTIVE NUMBER OR LETTERS: ..................................................
(to be completed on board)
The following pages of this section show a comprehensive list of items of cargo and ballast operations which are, when appropriate, to be recorded in the Oil Record Book in accordance with Regulation 20 of Annex I of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78). The items have been grouped into operational sections, each of which is denoted by a letter code.
When making entries in the Oil Record Book, the date, operational code and item number shall be inserted in the appropriate columns and the required particulars shall be recorded chronologically in the blank spaces.
Each completed operation shall be signed for and dated by the officer or officers in charge. Each completed page shall be countersigned by the master of the ship. In respect of the oil tankers engaged in specific trades in accordance with Regulation 13c of Annex I of MARPOL 73/78, appropriate entry in the Oil Record Book shall be endorsed by the competent Port State authority.*
————
* This sentence should only be inserted for the Oil Record Book of a tanker engaged in a specific trade.
(A)
1. Place of loading.
2. Type of oil loaded and identity of tank (s).
3. Total quantity of oil loaded.
(B)
4. Identity of tank(s):
.1 From:
.2 To:
5. Was (were) tank(s) in 4 (1) emptied?
(C)
6. Place of unloading.
7. Identity of tank(s) unloaded.
8. Was (were) tank(s) emptied?
(D)
(
To be completed for each tank being crude oil washed )9. Port where crude oil washing was carried out or ship’s position if carried out between two discharge ports.
10. Identity of tank(s) washed.
1 11. Number of machines in use.
12. Time of start of washing.
13. Washing pattern employed.
2 14. Washing line pressure.
15. Time completed or stopped washing.
————
16. State method of establishing that tank(s) was (were) dry.
17. Remarks.
3
(E)
18. Identity of tank(s) ballasted.
19. Position of ship at start of ballasting.
(F)
20. Identity of tank(s) ballasted.
21. Position of ship when water intended for flushing, or port ballast was taken to dedicated clean ballast tank(s).
22. Position of ship when pump(s) and lines were flushed to slop tank.
23. Quantity of oily water resulting from line flushing transferred to slop tanks (identify slop tank(s)).
24. Position of ship when additional ballast water was taken to dedicated clean ballast tank(s).
25. Time and position of ship when valves separating the dedicated clean ballast tanks from cargo and stripping lines were closed.
26. Quantity of clean ballast taken on board.
(G)
27. Identity of tank (s) cleaned.
28. Port or ship’s position.
29. Duration of cleaning.
30. Method of cleaning.
4 31. Tank washings transferred to:
.1 Reception facilities;
.2 Slop tank(s) or cargo tank(s) designated as slop tank(s) (identify tank(s)).
————
3 If the programmes given in the Operations and Equipment Manual are not followed, then the reasons must be given under Remarks.
4 Hand hosing, machine washing and/or chemical cleaning. Where chemically cleaned, the chemical concerned and amount used should be stated.
(H)
32. Identity of tank(s).
33. Position of ship at start of discharge into the sea.
34. Position of ship on completion of discharge into the sea.
35. Quantity discharged into the sea.
36. Ship’s speed(s) during discharge.
37. Was the discharge monitoring and control system in operation during the discharge?
38. Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
39. Quantity of oily water transferred to slop tank(s) (identify slop tank(s)).
40. Discharged to shore reception facilities (identify port if applicable).
(I)
41. Identity of slop tanks.
42. Time of settling from last entry of residues, or
43. Time of settling from last discharge.
44. Time and position of ship at start of discharge.
45. Ullage of total contents at start of discharge.
46. Ullage of oil/water interface at start of discharge.
47. Bulk quantity discharged and rate of discharge.
48. Final quantity discharged and rate of discharge.
49. Time and position of ship on completion of discharge.
50. Was the discharge monitoring and control system in operation during the discharge?
51. Ullage of oil/water interface on completion of discharge.
52. Ship’s speed(s) during discharge.
53. Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
54. Confirm that all applicable valves in the ship’s piping system have been closed on completion of discharge from the slop tanks.
(J)
55. Identity of tank(s).
56. Quantity disposed of from each tank.
57. Method of disposal:
. 1 To reception facilities (identify port);
.2 Mixed with cargo;
.3 Transferred to another tank(s) (identify tank(s));
.4 Other method (state which).
(K) DISCHARGE OF CLEAN BALLAST CONTAINED IN CARGO TANKS
58. Position of ship at start of discharge of clean ballast.
59. Identity of tank(s) discharged.
60. Was (were) the tank(s) empty on completion?
61. Position of ship on completion if different from 58.
62. Was a regular check kept on the effluent and the surface of the water in the locality of the discharge?
(L)
DISCHARGE OF BALLAST FROM DEDICATED CLEAN BALLAST TANKS (CBT TANKERS ONLY) 63. Identity of tank(s) discharged.
64. Time and position of ship at start of discharge of clean ballast into the sea.
65. Time and position of ship on completion of discharge into the sea.
66. Quantity discharged:
.1 Into the sea; or
.2 To reception facility (identify port).
67. Was there any indication of oil contamination of the ballast water before or during discharge into the sea?
68. Was the discharge monitored by an oil content meter?
69. Time and position of ship when valves separating dedicated clean ballast tanks from the cargo and stripping lines were closed on completion of deballasting.
(M)
70. Time of system failure.
71. Time when system has been made operational.
72. Reasons for failure.
(N)
73. Time of occurrence.
74. Port or ship’s position at time of occurrence.
75. Approximate quantity and type of oil.
76. Circumstances of discharge or escape, the reasons therefor and general remarks.
(O)
(P)
77. Identity of tank(s) ballasted.
78. Position of ship when ballasted.
79. Total quantity of ballast loaded in cubic metres.
80. Remarks.
(Q)
81. Reasons for re-allocation.
(R)
82. Port (s) where ballast water was discharged.
83. Name or designation of reception facility.
84. Total quantity of ballast water discharged in cubic metres.
85. Date, signature and stamp of port authority official.
NAME OF SHIP:...................................................................................................................
DISTINCTIVE NUMBER OR LETTERS:........................................................................................................................
CARGO/BALLAST OPERATIONS (OIL TANKERS)*/MACHINERY SPACE OPERATIONS (ALL SHIPS)*
Date | Code (letter) | Item (number) | Record of operations/signature of officer in charge |
Signature of Master…………………………
SCHEDULE TO BE INSERTED IN THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980
The Contracting Parties.
Have agreed as follows:
Article l
(1) This Convention applies to the seas south of 60° South Latitude, in respect of which the Contracting Parties affirm the provisions of Article IV of the Antarctic Treaty.
(2) This Convention may be applicable to any or all of the following species:
Southern elephant seal
Mirounga leonina, Leopard seal
Hydrurga leptonyx, Weddell seal
Leptonychotes weddelli, Crabeater seal
Lobodon carcinophagus, Ross seal
Ommatophoca rossi, Southern fur seals
Arctocephalus sp.
(3) The Annex to this Convention forms an integral part thereof.
Article 2
(1) The Contracting Parties agree that the species of seals enumerated in Article 1 shall not be killed or captured within the Convention area by their nationals or vessels under their respective flags except in accordance with the provisions of this Convention.
(2) Each Contracting Party shall adopt for its nationals and for vessels under its flag such laws, regulations and other measures, including a permit system as appropriate, as may be necessary to implement this Convention.
Article 3
(1) This
Convention includes an Annex specifying measures which the Contracting Parties
hereby adopt. Contracting Parties may from time to time in the future adopt
other measures with respect to the conservation, scientific study and rational
and humane use of seal resources, prescribing
(
a ) permissible catch;(
b ) protected and unprotected species;(
c ) open and closed seasons;(
d )open and closed areas, including the designation of reserves;(
e )the designation of special areas where there shall be no disturbance of seals;(
j )limits relating to sex, size, or age for each species;(
g )restrictions relating to time of day and duration, limitations of effort and methods of sealing;(
h ) types and specifications of gear and apparatus and appliances which may be used;(
i ) catch returns and other statistical and biological records;(
j )procedures for facilitating the review and assessment of scientific information;(
k )other regulatory measures including an effective system of inspection.
(2) The measures adopted under paragraph (1) of this Article shall be based upon the best scientific and technical evidence available.
(3) The Annex may from time to time be amended in accordance with the procedures provided for in Article 9.
Article 4
(1) Notwithstanding the provisions of this Convention, any Contracting Party may issue permits to kill or capture seals in limited quantities and in conformity with the objectives and principles of this Convention for the following purposes:
(
a )to provide indispensable food for men or dogs;(
b ) to provide for scientific research; or(
c ) to provide specimens for museums, educational or cultural institutions.
(2) Each Contracting Party shall, as soon as possible, inform the other Contracting Parties and SCAR of the purpose and content of all permits issued under paragraph (1) of this Article and subsequently of the numbers of seals killed or captured under these permits.
Article 5
(1) Each Contracting Party shall provide to the other Contracting Parties and to SCAR the information specified in the Annex within the period indicated therein.
(2) Each Contracting Party shall also provide to the other Contracting Parties and to SCAR before 31 October each year information on any steps it has taken in accordance with Article 2 of this Convention during the preceding period 1 July to 30 June.
(3) Contracting Parties which have no information to report under the two preceding paragraphs shall indicate this formally before 31 October each year.
(4) SCAR is invited:
(
a ) to assess information received pursuant to this Article; encourage exchange of scientific data and information among the Contracting Parties; recommend programmes for scientific research; recommend statistical and biological data to be collected by sealing expeditions within the Convention area; and suggest amendments to the Annex; and(
b )to report on the basis of the statistical, biological and other evidence available when the harvest of any species of seal in the Convention area is having a significantly harmful effect on the total stocks of such species or on the ecological system in any particular locality.
(5) SCAR is invited to notify the Depositary which shall report to the Contracting Parties when SCAR estimates in any sealing season that the permissible catch limits for any species are likely to be exceeded and, in that case, to provide an estimate of the date upon which the permissible catch limits will be reached. Each Contracting Party shall then take appropriate measures to prevent its nationals and vessels under its flag from killing or capturing seals of that species after the estimated date until the Contracting Parties decide otherwise.
(6) SCAR may if necessary seek the technical assistance of the Food and Agriculture Organization of the United Nations in making its assessments.
(7) Notwithstanding the provisions of paragraph (1) of Article 1 the Contracting Parties shall, in accordance with their internal law, report to each other and to SCAR, for consideration, statistics relating to the Antarctic seals listed in paragraph (2) of Article 1 which have been killed or captured by their nationals and vessels under their respective flags in the area of floating sea ice north of 60° South Latitude.
Article 6
(1) At any time after commercial sealing has begun a Contracting Party may propose through the Depositary that a meeting of Contracting Parties be convened with a view to:
(
a )establishing by a two-thirds majority of the Contracting Parties, including the concurring votes of all States signatory to this Convention present at the meeting, an effective system of control, including inspection, over the implementation of the provisions of this Convention;(
b )establishing a commission to perform such functions under this Convention as the Contracting Parties may deem necessary; or(
c ) considering other proposals, including:(i) the provision of independent scientific advice;
(ii) the establishment, by a two-thirds majority, of a scientific advisory committee which may be assigned some or all of the functions requested of SCAR under this Convention, if commercial sealing reaches significant proportions;
(iii) the carrying out of scientific programmes with the participation of the Contracting Parties; and
(iv) the provision of further regulatory measures, including moratoria.
(2) If one-third of the Contracting Parties indicate agreement the Depositary shall convene such a meeting, as soon as possible.
(3) A meeting shall be held at the request of any Contracting Party, if SCAR reports that the harvest of any species of Antarctic seal in the area to which this Convention applies is having a significantly harmful effect on the total stocks or the ecological system in any particular locality.
Article 7
The Contracting Parties shall meet within five years after the entry into force of this Convention and at least every five years thereafter to review the operation of the Convention.
Article 8
(1) This Convention may be amended at any time. The text of any amendment proposed by a Contracting Party shall be submitted to the Depositary, which shall transmit it to all the Contracting Parties.
(2) If one-third of the Contracting Parties request a meeting to discuss the proposed amendment the Depositary shall call such a meeting.
(3) An amendment shall enter into force when the Depositary has received instruments of ratification or acceptance thereof from all the Contracting Parties.
Article 9
(1) Any Contracting Party may propose amendments to the Annex to this Convention. The text of any such proposed amendment shall be submitted to the Depositary which shall transmit it to all Contracting Parties.
(2) Each such proposed amendment shall become effective for all Contracting Parties six months after the date appearing on the notification from the Depositary to the Contracting Parties, if within 120 days of the notification date, no objection has been received and two-thirds of the Contracting Parties have notified the Depositary in writing of their approval.
(3) If an objection is received from any Contracting Party within 120 days of the notification date, the matter shall be considered by the Contracting Parties at their next meeting. If unanimity on the matter is not reached at the meeting, the Contracting Parties shall notify the Depositary within 120 days from the date of closure of the meeting of their approval or rejection of the original amendment or of any new amendment proposed by the meeting. If, by the end of this period, two-thirds of the Contracting Parties have approved such amendment, it shall become effective six months from the date of the closure of the meeting for those Contracting Parties which have by then notified their approval.
(4) Any Contracting Party which has objected to a proposed amendment may at any time withdraw that objection, and the proposed amendment shall become effective with respect to such Party immediately if the amendment is already in effect, or at such time as it becomes effective under the terms of this Article.
(5) The Depositary shall notify each Contracting Party immediately upon receipt of each approval or objection, of each withdrawal of objection, and of the entry into force of any amendment.
(6) Any State which becomes a party to this Convention after an amendment to the Annex has entered into force shall be bound by the Annex as so amended. Any State which becomes a Party to this Convention during the period when a proposed amendment is pending may approve or object to such an amendment within the time limits applicable to other Contracting Parties.
Article 10
This Convention shall be open for signature at London from 1 June to 31 December 1972 by States participating in the Conference on the Conservation of Antarctic Seals held at London from 3 to 11 February 1972.
Article 11
This Convention is subject to ratification or acceptance. Instruments of ratification or acceptance shall be deposited with the Government of the United Kingdom of Great Britain and Northern Ireland, hereby designated as the Depositary.
Article 12
This Convention shall be open for accession by any State which may be invited to accede to this Convention with the consent of all the Contracting Parties.
Article 13
(1) This Convention shall enter into force on the thirtieth day following the date of deposit of the seventh instrument of ratification or acceptance.
(2) Thereafter this Convention shall enter into force for each ratifying, accepting or acceding State on the thirtieth day after deposit by such State of its instrument of ratification, acceptance or accession.
Article 14
Any Contracting Party may withdraw from this Convention on 30 June of any year by giving notice on or before 1 January of the same year to the Depositary, which upon receipt of such a notice shall at once communicate it to the other Contracting Parties. Any other Contracting Party may, in like manner, within one month of the receipt of a copy of such a notice from the Depositary, give notice of withdrawal, so that the Convention shall cease to be in force on 30 June of the same year with respect to the Contracting Party giving such notice.
Article 15
The Depositary shall notify all signatory and acceding States of the following:
(
a )signatures of this Convention, the deposit of instruments of ratification, acceptance or accession and notices of withdrawal;(
b )the date of entry into force of this Convention and of any amendments to it or its Annex.
Article 16
(1) This Convention, done in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, which shall transmit duly certified copies thereof to all signatory and acceding States.
(2) This Convention shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations.
IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Convention.
DONE at London, this 1st day of June 1972.
ANNEX
The Contracting Parties shall in any one year, which shall run from 1 July to 30 June inclusive, restrict the total number of seals of each species killed or captured to the numbers specified below. These numbers are subject to review in the light of scientific assessments:
(
a ) in the case of crabeater sealsLobodon carcinophagus, 175,000;(
b ) in the case of Leopard sealsHydrurgo leptonyx, 12,000;(
c ) in the case of Weddell sealsLeptonychotes weddelli, 5,000.
(
a ) It is forbidden to kill or capture Ross sealsOmmatophoca rossi, Southern elephant sealsMirounga leonina, or fur seals of the genusArctocephalus. (
b )In order to protect the adult breeding stock during the period when it is most concentrated and vulnerable, it is forbidden to kill or capture any Weddell sealLeptonychotes weddelli one year old or older between 1 September and 31 January inclusive.
The period between 1 March and 31 August inclusive is a Closed Season, during which the killing or capturing of seals is forbidden. The period 1 September to the last day in February constitutes a Sealing Season.
Each of the sealing zones listed in this paragraph shall be closed in numerical sequence to all sealing operations for the seal species listed in paragraph 1 of this Annex for the period 1 September to the last day of February inclusive. Such closures shall begin with the same zone as is closed under paragraph 2 of Annex B to Annex I of the Report of the Fifth Antarctic Treaty Consultative Meeting at the moment the Convention enters into force. Upon the expiration of each closed period, the affected zone shall reopen:
Zone 1—between 60° and 120° West Longitude
Zone 2—between 0° and 60° West Longitude, together with that part of the Weddell Sea lying westward of 60° West Longitude
Zone 3—between 0° and 70° East Longitude
Zone 4—between 70° and 130° East Longitude
Zone 5—between 130° East Longitude and 170° West Longitude
Zone 6—between 120° and 170° West Longitude.
It is forbidden to kill or capture seals in the following reserves, which are seal breeding areas or the site of long-term scientific research:
(
a )The area around the South Orkney Islands between 60° 20’ and 60° 56’ South Latitude and 44° 05’ and 46° 25’ West Longitude.(
b )The area of the southwestern Ross Sea south of 76° South Latitude and west of 170° East Longitude.(
c ) The area of Edisto Inlet south and west of a line drawn between Cape Hallet at 72° 19’ South Latitude, 170° 18’ East Longitude, and Helm Point, at 72° 11’ South Latitude, 170° 00’ East Longitude.
(
a )Contracting Parties shall provide before 31 October each year to other Contracting Parties and to SCAR a summary of statistical information on all seals killed or captured by their nationals and vessels under their respective flags in the
Convention area, in respect of the preceding period 1 July to 30 June. This information shall include by zones and months:
(i) The gross and nett tonnage, brake horse-power, number of crew, and number of days’ operation of vessels under the flag of the Contracting Party:
(ii) The number of adult individuals and pups of each species taken.
When specially requested, this information shall be provided in respect of each ship, together with its daily position at noon each operating day and the catch on that day.
(
b )When an industry has started, reports of the number of seals of each species killed or captured in each zone shall be made to SCAR in the form and at the intervals (not shorter than one week) requested by that body.(
c ) Contracting Parties shall provide to SCAR biological information, in particular:(i) Sex
(ii) Reproductive condition
(iii) Age
SCAR may request additional information or material with the approval of the Contracting Parties.
(
d )Contracting Parties shall provide to other Contracting Parties and to SCAR at least 30 days in advance of departure from their home ports, information on proposed sealing expeditions.
7.
(
a )SCAR is invited to report on methods of sealing and to make recommendations with a view to ensuring that the killing or capturing of seals is quick, painless and efficient. Contracting Parties, as appropriate, shall adopt rules for their nationals and vessels under their respective flags engaged in the killing and capturing of seals, giving due consideration to the views of SCAR.(
b )In the light of the available scientific and technical data. Contracting Parties agree to take appropriate steps to ensure that their nationals and vessels under their respective flags refrain from killing or capturing seals in the water, except in limited quantities to provide for scientific research in conformity with the objectives and principles of this Convention. Such research shall include studies as to the effectiveness of methods of sealing from the viewpoint of the management and humane and rational utilization of the Antarctic seal resources for conservation purposes. The undertaking and the results of any such scientific research programme shall be communicated to SCAR and the Depositary which shall transmit them to the Contracting Parties.”.
1. Immediately after the commencement of section 6 of the
Navigation (Protection of the Sea) Amendment Act 1983, the heading to section 267a of theNavigation Act 1912 is altered to “Regulations to give effect to certain Regulations of Annex I”.2. On the day proclaimed for the purposes of sub-section 2 (49) of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the headings to sections 20, 21, 22. 23 and 23a of theTrade Union Training Authority Act 1975 are altered by omitting “State Councils” and substituting “Regional Councils for States”.3. On the day proclaimed for the purposes of sub-section 2 (49) of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the heading to section 20a of theTrade Union Training Authority Act 1975 is amended by omitting “Regional Council” and substituting “Regional Council for a State”.
4. On the day proclaimed for the purposes of sub-section 2 (49) of the
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 the heading to section 24 of theTrade Union Training Authority Act 1975 is omitted and the following heading is substituted “Regional Councils for Territories”.
[
House of Representatives on 9 May 1985
Senate on 22 May 1985
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