Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 (Cth)
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
13549/86 Cat. No. 86 4801 6
into
operation, as the case may be, on the day on which paragraph 4 (1) (a) of the
section
40 of the
immediately
after section 18 of the
(a) amends a provision of an Act; or
(b) repeals and re-enacts (with or without modifications) a provision of an Act,
any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or re-enacted.
————
AMENDMENTS OF ACTS
Omit paragraph (k).
Omit “any amounts”, substitute “the total of the amounts”.
Omit “services maintained, operated or provided by the Commonwealth.”, substitute—
“services—
(a) that are maintained, operated or provided by the Commonwealth; or
(b) in respect ofthe maintenance or operation of which financial assistance is provided by the Commonwealth.”.
Omit the paragraph, substitute the following paragraphs:
“(e) drive a vehicle in a specially protected area;
“(ea) land or drive an aircraft in a specially protected area;”.
Omit “without the approval of the Archives”.
Omit the sub-section, substitute the following sub-section:
“(2) The Minister or a person authorised by the Minister may, in accordance with arrangements approved by the Prime Minister, cause Commonwealth records to be made available to a person in such circumstances as are specified in the regulations notwithstanding that the Commonwealth records concerned are not otherwise available for public access under this Act.”.
Insert the following Division:
“63ma. (1) In this Division, unless the contrary intention appears—
‘appropriate Minister’, in relation to a privately audited body, means the Minister administering the provisions of the Act establishing the body or another Minister for the time being acting for and on behalf of that Minister;
‘company auditor’ means a firm carrying on the business of auditing accounts;
‘privately audited body’ means a body corporate (other than the Australian Industry Development Corporation) whose accounts, records and financial statements are, in accordance with the Act establishing the body, subject to inspection and audit by a company auditor.
“(2) A reference in this Division to an Act establishing a body includes a reference to an Act continuing a body in existence, but does not include a reference to an Act relating to companies.
“63mb.
(1) The Auditor-General shall, by notice in writing in the
“(2) In relation to a privately audited body, the Auditor-General may, at any time, report to the appropriate Minister—
(a) whether, in the Auditor-General’s opinion, the company auditor has complied with standards set under sub-section (1);
(b) on the results and quality of the inspection and audit by the company auditor; and
(c) as to such other matters arising out of the audit, or the report on the financial statements, by the company auditor as the Auditor-General considers should be reported.
“(3) The appropriate Minister shall cause a copy of a report by the Auditor-General under sub-section (2) to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the appropriate Minister.
“63mc. (1) The Auditor-General may, at any time, inspect and audit the accounts and records of financial transactions of a privately audited body and records relating to assets of, or in the custody of, the body and may draw the attention of the appropriate Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.
“(2) An inspection and audit by the Auditor-General of accounts and records referred to in sub-section (1) may relate to all or any part of such accounts and records.
“(3) The Auditor-General may report to the appropriate Minister the results of the inspection and audit carried out under sub-section (1).
“63md. (1) Where, whether under this Part or otherwise, a privately audited body is required to submit to the appropriate Minister a report of its operations during a particular period, together with financial statements in respect of that period, the body shall, when submitting the financial statements to the Minister, submit copies of the statements to the Auditor-General.
“(2) After considering the financial statements submitted by a body under sub-section (1), the Auditor-General shall—
(a) report to the appropriate Minister that the Auditor-General does not intend to report on the financial statements; or
(b) report to the appropriate Minister—
(i) whether, in the Auditor-General’s opinion, the statements are based on proper accounts and records;
(ii) whether the statements are in agreement with the accounts and records and, in the Auditor-General’s opinion, show fairly the financial transactions and the state of the affairs of the body;
(iii) whether, in the Auditor-General’s opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets, by the body have been in accordance with the Act establishing the body; and
(iv) as to such other matters arising out of the statements as the Auditor-General considers should be reported.
“(3) The appropriate Minister shall cause a copy of a report by the Auditor-General under sub-section (2) to be laid before each House of the Parliament as soon as practicable after the copies of the report and financial statements of the body and the report of the company auditor are laid before that House.
“63me. (1) The Auditor-General or a person authorised by the Auditor-General is entitled at all reasonable times to full and free access to—
(a) all accounts and records of a privately audited body relating directly or indirectly to the receipt or payment of money by the body or to the acquisition, receipt, custody or disposal of assets by the body; and
(b) all papers (including working papers) and reports of the company auditor relating to the body’s accounts, records, financial statements or other documents.
“(2) The Auditor-General or a person authorised by the Auditor-General may make copies of, or take extracts from, any such accounts, records, papers or reports.
“(3) The Auditor-General or a person authorised by the Auditor-General may require any person to furnish him or her with such information in the possession of the person, or to which the person has access, as the Auditor-General or authorised person considers necessary for the purposes of the powers and functions of the Auditor-General under this Division, and the person shall comply with the requirement.
“(4) A person who contravenes sub-section (3) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.
“63mf. The Auditor-General shall, in the exercise of powers and performance of functions under this Division, avoid, so far as practicable, any duplication of audit work.”.
Insert “(but not under section 63mc or 63md)” after “otherwise”.
Repeal the section, substitute the following sections:
“26. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, in writing, determines.
“26a. (1) The Authority may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Authority may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Authority of an instrument acknowledging a debt in consideration of—
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
“26b. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract—
(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 26a (1) (a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 26a (1) (b) as are specified in the contract.
“(2) The Treasurer may, in writing, determine—
(a) that the repayment by the Authority of money borrowed under paragraph 26a (1) (a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 26a (1) (b) as is specified in the determination is guaranteed by the Commonwealth,
and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.
“(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(4) A contract entered into under sub-section (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
“(5) Where a borrowing under paragraph 26a (1) (a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this sub-section, guaranteed by the Commonwealth.
“26c. The Authority may give security over the whole or any part of its land or other assets for—
(a) the repayment by the Authority of money borrowed by the Authority under section 26 or paragraph 26a (1) (a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 26a (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 26b (1) or a determination made under sub-section 26b (2).
“26d. The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 26 and 26a.
“26e. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 26a and 26b.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Division, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Omit “and Television”, substitute “, Television and Radio”.
Omit “
Omit “The Australian Film and Television School”, substitute “the Australian Film, Television and Radio School”.
Omit “The Australian Film and Television School”, substitute “the Australian Film, Television and Radio School”.
Omit
Omit “The Australian Film and Television School”, substitute “the Australian Film, Television and Radio School”.
Omit “in its corporate name”.
Omit the sub-section, substitute the following sub-section:
“(5) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the School appearing on a document and shall presume that the document was duly sealed.”.
Omit “The Australian Film and Television School”, substitute “the Australian Film, Television and Radio School”.
Omit “two”, substitute “2“.
Omit “five”, substitute “5”.
Omit “five” (wherever occurring), substitute “5”.
Omit “ten”, substitute “10”.
Omit “his”, substitute “the”.
Omit “three” (wherever occurring), substitute “3”.
Omit “his”.
Omit “he”, substitute “the first-mentioned member”.
After “his” (wherever occurring), insert “or her”.
After “he”, insert “or she”.
After “he”, insert “or she”.
After “his” (wherever occurring), insert “or her”.
After “he”, insert “or she”.
Omit “he”, substitute “the person”.
Omit “seventy”, substitute “70”.
Omit “he”, substitute “the person”.
After “his”, insert “or her”.
(a) Omit “his” (first and second occurring), substitute “the member’s”.
(b) After “he”, insert “or she”.
(c) Omit “resign his office as Chairman or Deputy Chairman by writing under his hand”, substitute “resign from office as Chairman or Deputy Chairman by writing signed by the member and”.
Omit “resign his office by writing under his hand”, substitute “resign from office by writing signed by the member and”.
Repeal the section, substitute the following section:
“16. (1) A member other than the Director shall be paid such fees as are determined by the Remuneration Tribunal.
“(2) A member other than the Director shall be paid such allowances as are prescribed.
“(3) This section has effect
subject to the
Omit “his” (wherever occurring).
Omit “three”, substitute “3”.
Omit “his”, substitute “the member’s”.
Omit “him”, substitute “the member”.
Repeal the section, substitute the following section:
“19. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.
“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member shall not—
(a) be present during any deliberation of the Council with respect to that matter; or
(b) take part in any decision of the Council with respect to that matter.”.
Omit “three”, substitute “3”.
After “he”, insert “or she”.
Omit “six”, substitute “6”.
Omit “ten”, substitute “10”.
(a) Omit “his”, substitute “the person’s”.
(b) Omit “or television”, substitute “, television or radio”.
Omit “one hundred”, substitute “100”.
Omit “seven”, substitute “7”.
Repeal the section, substitute the following section:
“27. (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.
“(2) The Director shall be paid such allowances as are prescribed.
“(3) This section has effect
subject to the
Omit “resign his office by writing under his hand addressed”, substitute “resign from office by writing signed by the Director and delivered”.
Omit “his” (wherever occurring).
Omit “fourteen consecutive days or for twenty-eight days in any twelve months”, substitute “14 consecutive days or for 28 days in any 12 months”.
Omit “his”, substitute “the Director’s”.
Omit “him”, substitute “the Director”.
Omit “his”, substitute “the Director’s”.
Omit “his”, substitute “the Director’s”.
Omit “he resigns the appointment by writing under his hand”, substitute “the Acting Director resigns the appointment by writing signed by the Acting Director and”.
Omit “he”, substitute “the Acting Director”.
Omit the sub-section, substitute the following sub-section:
“(7) Anything done by or in relation to a person purporting to act as the Director under sub-section (1) is not invalid on the ground that—
(a) the occasion for the person’s appointment had not arisen;
(b) there was a defect or irregularity in connection with the person’s appointment;
(c) the person’s appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.”.
Omit “seventy” (wherever occurring), substitute “70”.
Omit “he”, substitute “the person”.
Repeal the sections, substitute the following sections:
“37. (1) The Council shall prepare estimates, in such form as the Minister directs, of expenditure of the School, out of moneys to be paid to the School under section 36, for each financial year and, if the Minister so directs, for any other period specified by the Minister, and the Council shall submit estimates so prepared to the Minister not later than such date as the Minister directs.
“(2) Moneys paid to the School under section 36 shall not be expended by the School otherwise than in accordance with estimates of expenditure approved by the Minister.
“38. It is hereby declared that the
School is a public authority to which Division 3 of Part XI of the
Omit “Fifty thousand dollars”, substitute “$50,000”.
Omit “ten”, substitute “10”.
Omit “1955-1966”, substitute “
Repeal the sections.
Repeal the section, substitute the following section:
“46. The School is a Commonwealth
authority for the purposes of the
Omit “his” (wherever occurring), substitute “the employee’s”.
Omit “him”, substitute “the employee”.
Omit “One hundred dollars”, substitute “$100”.
Omit “of this Act” (wherever occurring).
Omit “of this Act”.
Omit “in its corporate name”.
Omit the sub-section, substitute the following sub-section:
“(4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that the document was duly sealed.”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “four”, substitute “4”.
Omit “three”, substitute “3”.
(a) Omit “five”, substitute “5”.
(b) Omit “his”, substitute “the member’s”.
Repeal the section, substitute the following section:
“14. A member may resign from office by writing signed by the member and delivered to the Governor-General.”.
Omit “his” (wherever occurring).
Omit “three”, substitute “3”.
Omit “his obligations under section 18 of this Act”, substitute “section 18”.
Repeal the sections, substitute the following sections:
“18. (1) A member or acting member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.
“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member or acting member shall not—
(a) be present during any deliberation of the Council with respect to that matter; or
(b) take part in any decision of the Council with respect to that matter.
“19. (1) A member or acting member shall be paid such fees as are determined by the Remuneration Tribunal.
“(2) A member or acting member shall be paid such allowances as are prescribed.
“(3) This section has effect
subject to the
After “he”, insert “or she”.
Omit “three”, substitute “3”.
(a) Omit “seven”, substitute “7”.
(b) After “his”, insert “or her”.
(a) Omit “sixty-five” (wherever occurring), substitute “65”.
(b) Omit “he”, substitute “the person”.
Repeal the section, substitute the following section:
“24. (1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.
“(2) The Director shall be paid such allowances as are prescribed.
“(3) This section has effect
subject to the
Repeal the section, substitute the following section:
“26. The Director may resign from office by writing signed by the Director and delivered to the Governor-General.”.
Omit “his” (wherever occurring).
Omit the paragraph, substitute the following paragraph:
“(c) is absent from duty, except on leave granted by the Council, for 14 consecutive days or for 28 days in any 12 months,”.
Omit “him”, substitute “the Director”.
After “his”, insert “or her”.
Omit “the last preceding sub-section unless he is”, substitute “sub-section (1) unless”.
(a) Omit “his office unless he”, substitute “his or her office unless he or she”.
(b) Omit “to this Act”.
Repeal the section.
Omit “his”, substitute “the person’s”.
(a) Omit “he”, substitute “the person”.
(b) Omit “to this Act”.
Omit “
(a) Omit “he is”.
(b) Omit “he makes”, substitute “the person makes”.
(c) Omit “to this Act”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Repeal the section, substitute the following section:
“37. It is hereby declared that the
Institute is a public authority to which Division 3 of Part XI of the
Omit the sub-section.
Repeal the sections, substitute the following section:
“40. (1) The Council shall prepare estimates, in such form as the Minister directs, of expenditure of the Institute out of moneys to be paid to the Institute under section 36 for each financial year and, if so directed by the Minister, for any other period and shall submit those estimates to the Minister not later than such date as the Minister directs.
“(2) The moneys paid to the Institute under section 36 shall not be expended otherwise than in accordance with estimates of expenditure approved by the Minister.”.
Omit “Fifty thousand dollars”, substitute “$100,000”.
Repeal the section.
After sub-section (2), insert the following sub-sections:
“(2a) A member of a Committee shall be paid such remuneration by way of fees as is determined by the Remuneration Tribunal and such allowances as are prescribed.
“(2b)
Sub-section (2a) has effect
subject to the
Omit “be paid such fees and allowances, other than annual allowances, as are prescribed, and shall”.
Repeal the section, substitute the following section:
“46. The Institute is a
Commonwealth authority for the purposes of the
After “his”, insert “or her”.
(a) After “him”, insert “or her”.
(b) After “his” (wherever occurring), insert “or her”.
Omit “One hundred dollars”, substitute “$100”.
Omit “by instrument”.
Insert “, or consistent with,” after “as are specified in”.
Omit “by instrument”.
Omit the sub-sections.
Insert the following section:
“32da. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 32, 32a and 32d.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Division, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Repeal the section.
Omit “by instrument”.
Insert “, or consistent with,” after “as are specified in”.
Omit “by instrument”.
Insert the following section:
“65a. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 62 and 63.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Insert “, in writing,” after “Minister for Finance” (last occurring).
Insert “, or consistent with,” after “as are specified in”.
Insert the following section:
“32c. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 31 and 32.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Division, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Before “Assistant”, insert “an”.
Omit “paragraph (a)”, substitute “paragraph (11) (a)”.
Omit “1 March”, substitute “31 March”.
After “which”, insert “the”.
Insert the following sub-sections:
“(3a) Upon the expiration of the period for which Thomas Molomby holds office as the staff-elected Director by virtue of sub-section 4 (3), the period for which he is to hold office as the staff-elected Director pursuant to an election referred to in sub-section (3) of this section is the period of 2 years commencing at the expiration of the first-mentioned period.
“(3b) The person who is the deputy of the staff-elected Director as a result of an election referred to in sub-section (3) holds office for the period commencing at the commencement of this Act and ending at the end of the period of 2 years referred to in sub-section (3a).”.
Omit
Omit
Repeal the section.
Insert the following section:
“21. Without prejudice to the
effect that sections 18, 19 and 20 have apart from this section, those sections
also have effect, for the purposes of the continued application, by virtue of
section 98 of the
Insert the following section in Part Vb:
“51k. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to—
(a) a person for the time being holding or performing the duties of a specified office in the Australian Public Service; or
(b) a person for the time being holding or performing the duties of a specified office in the Reserve Bank Service,
all or any of the powers of the Treasurer under section 29.
“(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 Treasurer.
“(3) A delegation under this section does not prevent the exercise of a power by the Treasurer.”.
Omit the sub-section, substitute the following sub-section:
“(3) A power of attorney has effect for all purposes mentioned in the power of attorney until notice of its revocation or of—
(a) the bankruptcy;
(b) the death; or
(c) where, apart from this sub-section, the power of attorney would cease so to have effect because of the mental incapacity of the principal—the mental incapacity,
of the principal has been received by the Registrar at the Registry where the power of attorney was deposited or produced.”.
After “Territory”, insert “other than the Australian Capital Territory”.
Omit “$50,000 or imprisonment for 5 years”, substitute “$100,000 or imprisonment for 10 years”.
Omit “$50,000 or imprisonment for 5 years”, substitute “$200,000 or imprisonment for 20 years”.
Omit “5 years or a fine not exceeding $50,000”, substitute “10 years or a fine not exceeding $100,000”.
Omit “1985”, substitute “1981”.
(a) Insert “(not being officers who hold appointments as such officers on probation)” after “Army”.
(b) Insert “, including an officer who holds an appointment as such an officer on probation,” after “commission of an officer”.
(c) Add at the end the following sub-section:
“(2) Where an officer of the Army holds an appointment as such an officer on probation, that appointment may be terminated at any time by the Chief of the General Staff.”.
After sub-section (4), insert the following sub-section:
“(4aa) The Chief of the General Staff may, in writing, delegate to an officer of the Army who holds a rank not below the rank of Brigadier his or her powers under section 16.”.
Omit the sub-section, substitute the following sub-section:
“(4) This section shall not be taken to limit, by implication, the classes of persons who may administer oaths and affirmations for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn or affirmed.”.
Omit the sub-section, substitute the following sub-section:
“(4) This section shall not be taken to limit, by implication, the classes of persons who may administer oaths and affirmations for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn or affirmed.”.
Omit “this Division”, substitute “a provision of this Division other than sub-section 101w (3)”.
Omit “this Division”, substitute “a provision of this Division other than sub-section 101w (3)”.
Add at the end the following sub-section:
“(3) An investigating officer may—
(a) enter upon land, not being land referred to in sub-section (2), or upon or into premises or a ship, aircraft or vehicle, not being premises or a ship, aircraft or vehicle referred to in sub-section (2);
(b) search the land, premises, ship, aircraft or vehicle; and
(c) seize any thing found in the course of the search that the investigating officer believes on reasonable grounds to be connected with a service offence,
if, and only if, the entry, search and seizure are made by the investigating officer after obtaining, in accordance with section 101za, the consent of the occupier of the land or premises or of the person in charge of the ship, aircraft or vehicle, as the case may be, to the entry.”.
After sub-section (2), insert the following sub-section:
“(2a) The period for which a person brought before a Magistrate under this section may be remanded by the Magistrate may, if the person consents, be a period exceeding 7 days.”.
Re-designate the section as section 18b.
Insert the following section in Part XII:
“
‘external Territory’ does not include Norfolk Island;
‘overseas jurisdiction’ does not include an external Territory.
“(2) A dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an overseas jurisdiction that is recognised as valid in Australia shall be recognised as valid in every external Territory.
“(3) A dissolution or annulment of a marriage, or the legal separation of the parties to a marriage, effected in accordance with the law of an external Territory that is recognised as valid in Australia shall be recognised as valid in every other external Territory.”.
Before
Before “Institute of Family Studies”, insert “Australian”.
Before “Institute of Family Studies”, insert “Australian”.
After “grants,” (first occurring), insert “and with the approval of the Attorney-General to make grants,”.
Add the following sub-sections:
“(3) The Attorney-General may—
(a) request the Board to arrange for the Institute to engage in a particular activity (whether research or otherwise) in relation to a particular matter that is within the functions of the Institute; and
(b) after consultation with the Board, specify the priority that is to be given to the activity.
“(4) Each report by the Institute
under section 63m of the
Insert the following sections:
“114ba. (1) The Institute—
(a) is a body corporate;
(b) shall have a seal; and
(c) may sue and be sued.
“(2) The seal of the Institute shall be kept in such custody as the Board directs and shall not be used except as authorised by the Board.
“(3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Institute appearing on a document and shall presume that the document was duly sealed.
“114bb. The Institute has power to do all things that are necessary or convenient to be done in connection with the performance of its functions and, in particular, has power—
(a) to acquire, hold and dispose of real and personal property;
(b) to enter into contracts; and
(c) to accept gifts, devises and bequests made to the Institute.”.
Omit the section, substitute the following sections:
“114ma. (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.
“(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, money referred to in sub-section (1) is to be paid to the Institute.
“114mb. (1) The Director shall prepare estimates, in such form as the Attorney-General directs, of expenditure of the Institute out of money paid to the Institute under
section 114mafor each financial year and, if the Attorney-General so directs, for any other period specified by the Attorney-General, and the Director shall submit estimates so prepared to the Attorney-General not later than such date as the Attorney-General directs.
“(2)Money paid to the Institute under section 114mashall not be expended by the Institute otherwise than in accordance with estimates of expenditure approved by the Attorney-General.
“114mc. The Institute shall not, except with the approval of the Attorney-General, enter into a contract involving the payment by the Institute of an amount exceeding—
(a) subject to paragraph (b)—$100,000; or
(b) if a higher amount is prescribed—that higher amount.
“114md. The money of the Institute shall be applied only—
(a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers; and
(b) in payment of remuneration and allowances payable under this Part.
“114me. Money of the Institute not immediately required for the purposes of the Institute may be invested—
(a) on deposit with an approved bank;
(b) in Commonwealth securities; or
(c) in any other manner approved by the Treasurer.
“(2) In sub-section (1),‘approved bank’ means the Reserve Bank of Australia or another bank for the time being declared by the Treasurer, or by a person authorised by the Treasurer to give approvals for the purposes of this sub-section, to be an approved bank in relation to the Institute.
“114mf.The Institute is not subject to taxation under any law of the Commonwealth, of a State or of a Territory.
After sub-section (1), insert the following sub-section:
“(1a) If the Chief Judge considers that a matter coming before the Court in the original jurisdiction of the Court is of sufficient importance to justify the giving of a direction under this sub-section, the Chief Judge may direct that the jurisdiction of the Court in that matter shall be exercised by a Full Court.”.
Omit “the next succeeding section”, insert “section 4”.
Omit “and”.
(a) Omit “twenty-one”, substitute “21”.
(b) Add at the end “; and”.
Add at the end the following paragraph:
“(c) the provision in the Territory of Cocos (Keeling) Islands or in the Territory of Christmas Island of courses of instruction to which this section relates for persons ordinarily resident in the Territory concerned who—
(i) came to the Territory concerned as immigrants; or
(ii) are persons under the age of 21 years whose parents, or one of whose parents, came to the Territory concerned as immigrants or as an immigrant.”.
Omit “paragraph (b) of sub-section (2) of the last preceding section”, substitute “paragraph 4 (2) (b)”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “the last preceding sub-section”, substitute “sub-section (1)”.
Omit “prescribed securities”, substitute “such manner as is prescribed”.
Add at the end the following sub-section:
“(3) This Act does not apply in relation to contracts and proposed contracts of insurance entered into, or proposed to be entered into, in respect of aircraft engaged in commercial operations.”.
Omit the paragraph, substitute the following paragraph:
“(b) of the nature of any benefit received or to be received by the supplier, in relation to arranging the contract, from any person and, except in the case of a contract known as an open declaration annual transit carriers policy, if the benefit is in the nature of remuneration and the insured requests the supplier
to inform the insured of the amount or rate of that remuneration, that amount or rate; and”.
Omit “measuring”, substitute “monitoring”.
Omit “measuring”, substitute “monitoring”.
Insert the following section:
“4a. It is declared for the avoidance of doubt that—
(a) for the purposes of the application of this Act to or in respect of a person who is, or has at any time been, a Judge, any period in which the person is or was authorised to make himself or herself unavailable to perform his or her duties as a Judge shall be deemed to be, or to have been, part of the period of the person’s service as a Judge; and
(b) for the purposes of the application of this Act to or in respect of a person who holds, or has at any time held, an office or appointment by virtue of which this Act applies or applied to or in respect of the person as if the person were a Judge, any period in which the person is or was authorised to make himself or herself unavailable to perform his or her duties as the holder of that office or appointment shall be deemed to be, or to have been, part of the period of the person’s service in that office or appointment.”.
Omit paragraph (b), substitute the following paragraph:
“(b) has an authorised share capital of not less than $5,000,000 or, if some other amount is prescribed for the purposes of sub-section 20 (3), that other amount;”.
Omit the definition.
Omit “under this section”, substitute “under this Part”.
Omit “amount of the nominal”, substitute “amounts of the authorised”.
(a) Omit “paid-up prescribed share capital of less than $5,000,000 or such other amount, if any, as is prescribed”, substitute “paid-up share capital of less than $5,000,000 or, if some other amount is prescribed, that other amount”.
(b) Omit “nominal prescribed share capital”, substitute “authorised share capital”.
(c) Omit “prescribed share capital” (last occurring), substitute “paid-up share capital”.
Omit “prescribed”.
(a) Omit from paragraph (a) “paid-up prescribed share capital”, substitute “paid-up share capital”.
(b) Omit from paragraph (a) “or” (last occurring).
(c) Add at the end the following word and paragraph:
“; or (c) the applicant is not an Australian company.”.
Insert the following sub-section:
“(4a) A licence granted under this section that is in force on the date of commencement of this sub-section expires, if not sooner revoked, on 31 December 1986.”
Omit “31 October”, substitute “31 December”.
Insert the following sub-section:
“(7) A licence that was renewed under this section after 31 October 1985 and before 1 January 1986 expires, if not sooner revoked, on 31 December 1986.”.
Omit “the inclusion of omission or”, substitute “the inclusion or omission of”.
Omit “nominal prescribed share capital”, substitute “authorised share capital”.
Omit “prescribed”.
After “Department or”, insert “prescribed”.
Omit “‘Commonwealth authority’”, substitute “‘prescribed Commonwealth authority’ ”.
Omit “of its receipts and expenditure”, substitute “of expenditure of the Commission out of moneys to be paid to the Commission under section 18b”.
Omit “of the Commission”, substitute “paid to the Commission under section 18b”.
Before
At the end of the section, add the following sub-section:
“(8) The performance of the functions and the exercise of the powers of a Board are not affected by a vacancy or vacancies in the membership of the Board.”.
Insert “(not being an officer who holds an appointment as such an officer on probation)” after “officer”.
After sub-section (1), insert the following sub-section:
“(1a) Where an officer holds an appointment as such an officer on probation, that appointment may be terminated at any time by the Chief of Naval Staff.”.
Insert “, including an officer who holds an appointment as such an officer on probation,” after “commission of an officer”.
After sub-section (3), insert the following sub-section:
“(3a) The Chief of Naval Staff may, in writing, delegate to an officer who holds a rank not below the rank of Commodore his or her powers under section 12.”.
Omit the definition.
Omit “but does not include a ship that belongs to the Australian Shipping Commission;”, substitute—
“but does not include a ship—
(d) that belongs to the Australian Shipping Commission;
(e) the beneficial interest in which is vested in the Australian Shipping Commission; or
(f) that is for the time being demised or sub-demised to, or in the exclusive possession of, the Australian Shipping Commission;”.
Omit “but does not include a ship that belongs to the Australian Shipping Commission;”, substitute—
“but does not include a ship—
(d) that belongs to a trading corporation that is an authority or agency of the Commonwealth or of a State or of a Territory;
(e) the beneficial interest in which is vested in such a trading corporation; or
(f) that is for the time being demised or sub-demised to, or in the exclusive possession of, such a trading corporation;”.
Omit “Division 3”, substitute “Division 1, 3”.
Omit all words from and including “by drilling the seabed”, substitute “by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the vessel”.
Omit all words from and including “by drilling the seabed”, substitute “by drilling the seabed or its sub-soil, or by obtaining substantial quantities of material from the seabed or its sub-soil, with equipment that is on or forms part of the structure”.
After sub-section (4), insert the following sub-section:
“(4a) An agreement under this section between the master of a ship and a seaman may include provision for or in relation to the observance by the parties to the agreement of a code of conduct.”.
Repeal the sections.
Omit the sub-section.
Repeal the sections.
After sub-section (5), insert the following sub-section:
“(5a) The Marine Council may investigate any matter referred to it in accordance with a provision of an agreement under section 46 relating to the observance of a code of conduct and may make such recommendations in relation to the matter as it thinks fit.”.
Omit the sections, substitute the following sections:
“49. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Administration or to a Territory authority on such terms and conditions as the Minister for Finance, in writing, determines.
“50. (1) The Administration or a Territory authority may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Administration or a Territory authority may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Administration or a Territory authority of an instrument acknowledging a debt in consideration of—
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Administration or the Territory authority shall be deemed to be a raising by the Administration or the Territory authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Administration or a Territory authority otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Administration or the Territory authority shall be deemed to be a raising by the Administration or the Territory authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
“50a. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract—
(a) guaranteeing the repayment by the Administration of money borrowed under paragraph 50 (1) (a) and the payment by the Administration of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Administration of such amounts (which may be interest) that the Administration is liable to pay with respect to money raised under paragraph 50 (1) (b) as are specified in the contract.
“(2) The Treasurer may, in writing, determine—
(a) that the repayment by the Administration of money borrowed under paragraph 50 (1) (a), and the payment by the Administration of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Administration of such money (which may be interest) that the Administration is liable to pay with respect to money raised under paragraph 50 (1) (b) as is specified in the determination is guaranteed by the Commonwealth,
and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.
“(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(4) A contract entered into under sub-section (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
“50b. The Administration may give security for—
(a) the repayment by the Administration of money borrowed by the Administration under section 49 or paragraph 50 (1) (a) and the payment by the Administration of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Administration of amounts (including any interest) that the Administration is liable to pay with respect to money raised by the Administration under paragraph 50 (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 50a (1) or a determination made under sub-section 50a (2).
“50c. The Administration or a Territory authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 49 and 50.
“50d. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 50 and 50a.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Omit the sections, substitute the following sections:
“46. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Territory or to a Territory authority on such terms and conditions as the Minister for Finance, in writing, determines.
“47. (1) The Territory or a Territory authority may, with the approval of the Treasurer of the Commonwealth—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Territory or a Territory authority may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Territory or a Territory authority of an instrument acknowledging a debt in consideration of—
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Territory or the Territory authority shall be deemed to be a raising by the Territory or the Territory authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Territory or a Territory authority otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Territory or the Territory authority shall be deemed to be a raising by the Territory or the Territory authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
“47a. (1) The Treasurer of the Commonwealth may, on behalf of the Commonwealth, enter into a contract—
(a) guaranteeing the repayment by the Territory of money borrowed by the Territory under paragraph 47 (1) (a) and the payment by the Territory of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Territory of such amounts (which may be interest) that the Territory is liable to pay with respect to money raised by the Territory under paragraph 47 (1) (b) as are specified in the contract.
“(2) The Treasurer of the Commonwealth may, in writing, determine—
(a) that the repayment by the Territory of money borrowed by the Territory under paragraph 47 (1) (a), and the payment by the Territory of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Territory of such money (which may be interest) that the Territory is liable to pay with respect to money raised under paragraph 47 (1) (b) as is specified in the determination is guaranteed by the Commonwealth,
and, where the Treasurer of the Commonwealth makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.
“(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(4) A contract entered into under sub-section (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
“47b. The Territory may give security for—
(a) the repayment by the Territory or a Territory authority of money borrowed by the Territory or the Territory authority, as the case may be, under section 46 or paragraph 47 (1) (a) and the payment by the Territory or the Territory authority, as the case may be, of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Territory or a Territory authority of amounts (including any interest) that the Territory or the Territory authority, as the case may be, is liable to pay with respect to money raised by the Territory or the Territory authority under paragraph 47 (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 47a (1) or a determination made under sub-section 47a (2).
“47c. The Territory or a Territory authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 46 and 47.”.
After the definition of “Acting Commissioner”, insert the following definition:
“ ‘appoint’ includes re-appoint;”.
Omit sub-section (3), substitute the following sub-sections:
“(3) The Chairman shall be appointed by the Minister and holds office, subject to this section, for such period as is specified in the instrument of his or her appointment and on such terms and conditions as the Minister determines, but is eligible for reappointment.
“(3a) A person who has attained the age of 65 years shall not be appointed on a full-time basis as the Chairman and a person shall not be appointed on a full-time basis as the Chairman for a period that extends beyond the day on which the person will attain the age of 65 years.
“(3b) The Minister may terminate the appointment of the Chairman for misbehaviour or for physical or mental incapacity.
“(3c) The Chairman may resign from office by writing signed by the Chairman and delivered to the Minister.”.
Omit the definition of “prescribed business”, substitute the following definition:
“ ‘prescribed business’ means a business of providing—
(a) a telecommunications system for Australia by the use of space satellites; and
(b) space satellite facilities for use in telecommunications systems for neighbouring regions,
and includes any activity incidental to the carrying on of such a business;”.
Insert the following sub-section:
“(1a)
In the definition of ‘prescribed business’ in sub-section (1), ‘Australia’, ‘neighbouring
regions’ and ‘space satellite’ have the same meanings as in the
Insert the following section:
“37a. (1) In this section—
‘prescribed business’ means a business of providing—
(a) a telecommunications system for Australia by the use of space satellites; and
(b) space satellite facilities for use in telecommunications systems for neighbouring regions,
and includes any activity incidental to the carrying on of such a business;
‘relevant business’ means a business (other than a prescribed business) relating to any matter that is within the functions or duties of the Commission or with respect to which the Commission may exercise powers;
‘relevant company’ means a company that carries on, or proposes to carry on, a relevant business;
‘technical services’ means services relating to telecommunications.
“(2) In the definition of ‘prescribed
business’ in sub-section (1), ‘Australia’, ‘neighbouring regions’ and ‘space
satellite’ have the same meanings as in the
“(3) The Commission may—
(a) form, or participate with other persons in the formation of, a company to carry on a relevant business;
(b) acquire, hold or dispose of shares or stock in the capital of, or debentures or other securities of, a relevant company;
(c) enter into a partnership, or an arrangement for the sharing of profits, with a relevant company in relation to a relevant business; and
(d) provide technical services (whether in or outside Australia) for a relevant company or for a partnership referred to in paragraph (c).
“(4) The Commission shall not exercise a power conferred by sub-section (3) except with the approval of the Minister.
“(5) The Minister shall not give approval under sub-section (4) for the purposes of paragraph (3) (b) if the relevant company is carrying on a business other than a relevant business.
“(6) An agreement or arrangement between the Commission and a relevant company shall include a term empowering the Commission to terminate the agreement or arrangement if the relevant company ceases to be a relevant company or commences to carry on a business that is not a relevant business.
“(7) Where—
(a) the Commission has an interest in, or is a party to an agreement or arrangement with, a relevant company; and
(b) the relevant company ceases to be a relevant company or commences to carry on a business that is not a relevant business,
the Minister may give to the Commission such directions as the Minister thinks appropriate with respect to—
(c) the disposal of the interest of the Commission in the company; or
(d) the termination of the agreement or arrangement between the Commission and the company,
as the case may be.
“(8) This section does not authorise a relevant company to carry on a prescribed business otherwise than in accordance with the relevant law.”.
Repeal the section, substitute the following sections:
“45. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Commission on such terms and conditions as the Minister for Finance, in writing, determines.
“45a. (1) The Commission may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Commission may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Commission of an instrument acknowledging a debt in consideration of—
Omit “approved by the Prime Minister and presented to the Parliament”, substitute “presented to the Parliament by the Prime Minister after approval by the Joint Committee of Public Accounts”.
Re-designate the sub-section as sub-section (5a) and re-locate it after sub-section (5).
Add at the end “other than 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 and the Joint House Department”.
After paragraph (j), insert the following paragraphs:
“(ja) employment as a member of, or as the holder of an office or appointment in the service of, the Joint Coal Board;
“(jb) employment as a member of the staff of the Australian Defence Force Academy;”.
Omit the amendments of the
Omit “24”, insert “48”.
Insert the following section:
“72a. (1) Where an inspector believes on reasonable grounds that—
(a) a transmitter is being used on any land, or on or in any premises, vessel, aircraft or vehicle, in contravention of section 65;
(b) the land, premises, vessel, aircraft or vehicle is or are unoccupied; and
(c) the use of the transmitter is interfering with radiocommunications that are essential to the safety of human life,
the inspector may—
(d) enter upon the land, or upon or into the premises, vessel, aircraft or vehicle, if the entry is made in circumstances of such seriousness and urgency as to require and justify entry without the authority of an order of a court or of a warrant issued under this Act; and
(e) subject to sub-section (2), take such action as the inspector considers necessary to cause the transmitter to cease operating or to operate in such a way as not to interfere with radiocommunications as mentioned in paragraph (c).
“(2) In exercising a power conferred by paragraph (1) (e) in relation to a transmitter, an inspector shall endeavour to ensure that any disruption caused to the performance of the transmitter is no greater than is necessary to prevent the interference with radiocommunications as mentioned in paragraph (1) (c).
“(3) Where an inspector has, pursuant to a power conferred by this section, entered upon any land, or upon or into any premises, vessel, aircraft or vehicle, and taken any action in respect of a transmitter, the inspector shall, as soon as practicable, take all reasonable steps to notify the owner of the transmitter of the taking of that action.”.
Add at the end the following sub-sections:
“(3) Where—
(a) an officer appointed by the Minister to make the application makes an application to a court of summary jurisdiction for an order under this sub-section in relation to a thing seized under this Act; and
(b) the court is satisfied that—
(i) a period of not less than 12 months has elapsed since the thing was seized; and
(ii) all reasonable steps have been taken on behalf of the Commonwealth to arrange for the owner of the thing, or the person from whose possession the thing was seized, to take possession of the thing,
the court may make an order authorising the Minister to dispose of the thing.
“(4) Where an order has been made by a court under sub-section (3) in relation to a thing, the Minister may, by writing signed by the Minister, direct that the thing be sold or otherwise disposed of upon such conditions (if any) as are specified in the instrument of direction.”.
Insert the following section:
“81a. (1) A prosecution for an offence against this Act or the regulations may be instituted in the name of the Minister.
“(2) The reference in sub-section (1) to an offence against this Act or the regulations includes a reference to an offence against—
(a) section 6, 7 or 7a of the
Crimes Act 1914 ; or(b) sub-section 86 (1) of that Act by virtue of paragraph (a) of that sub-section, that relates to this Act or to the regulations, as the case requires.”.
Omit “Part II or under or arising out of”, substitute “this Act or”.
Omit “Sub-section 9 (3)”, substitute “Sub-section 9 (2)”.
Omit “
Insert the following section:
“75a. (1) A person summoned to appear before the Commission is entitled to be paid, in respect of the person’s attendance, fees, and allowances for expenses, fixed by or in accordance with the regulations.
“(2) Subject to sub-section (3), the fees and allowances shall be paid—
(a) in a case where the person was summoned at the request of a person other than the Commonwealth—by the person who made the request; or
(b) in any other case—by the Commonwealth.
“(3) The Commission may, in its discretion, order that the fees and allowances payable to a person summoned as mentioned in paragraph (2) (a) shall be paid, in whole or in part, by the Commonwealth.”.
Omit “has been made under section 15 for registration of the ship”, substitute “for registration of the ship under section 15 has been lodged with the Registrar”.
Omit “interest” (last occurring), substitute “ship or share”.
SCHEDULE
After “part owner” (wherever occurring), insert “, or as a mortgagee,”.
Omit “, subject to the approval of the Public Service Board,”.
Repeal the section, substitute the following sections:
“44. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Corporation on such terms and conditions as the Minister for Finance, in writing, determines.
“44a. (1) The Corporation may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Corporation may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Corporation of an instrument acknowledging a debt in consideration of—
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Corporation otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Corporation shall be deemed to be a raising by the Corporation, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
“44b. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract—
(a) guaranteeing the repayment by the Corporation of money borrowed under paragraph 44a (1) (a) and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Corporation of such amounts (which may be interest) that the Corporation is liable to pay with respect to money raised under paragraph 44a (1) (b) as are specified in the contract.
“(2) The Treasurer may, in writing, determine—
(a) that the repayment by the Corporation of money borrowed under paragraph 44a (1) (a), and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Corporation of such money (which may be interest) that the Corporation is liable to pay with respect to money raised under paragraph 44a (1) (b) as is specified in the determination is guaranteed by the Commonwealth,
and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.
“(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(4) A contract entered into under sub-section (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
“44c. The Corporation may give security over the whole or any part of its land or other assets for—
(a) the repayment by the Corporation of money borrowed by the Corporation under section 44 or paragraph 44a (1) (a) and the payment by the Corporation of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Corporation of amounts (including any interest) that the Corporation is liable to pay with respect to money raised by the Corporation under paragraph 44a (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 44b(1) or a determination made under sub-section 44b (2).
“44d. The Corporation shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 44 and 44a.
“44e.
(1) The Treasurer may, either generally or as otherwise provided by the
instrument of delegation, by writing signed by the Treasurer, delegate to a
person holding or performing the duties of an office in the Department of the
Treasury all or any of the powers of the Treasurer under sections 44a and 44b
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Omit “money borrowed under section 44”, substitute “money borrowed or otherwise raised under section 44 or 44a”.
Repeal the sections, substitute the following sections:
“27. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Authority on such terms and conditions as the Minister for Finance, having regard to the provisions of clause 15 of the Agreement, in writing, determines.
“28. (1) The Authority may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Authority may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Authority of an instrument acknowledging a debt in consideration of—
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Authority otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Authority shall be deemed to be a raising by the Authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
“28a. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract—
(a) guaranteeing the repayment by the Authority of money borrowed under paragraph 28 (1) (a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Authority of such amounts (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28 (1) (b) as are specified in the contract.
“(2) The Treasurer may, in writing, determine—
(a) that the repayment by the Authority of money borrowed under paragraph 28 (1) (a), and the payment by the Authority of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Authority of such money (which may be interest) that the Authority is liable to pay with respect to money raised under paragraph 28 (1) (b) as is specified in the determination is guaranteed by the Commonwealth,
and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.
“(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(4) A contract entered into under sub-section (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
“(5) Where a borrowing under paragraph 28 (1) (a) is by the issue of prescribed securities, the repayment by the Authority of the money so borrowed and the payment of interest on that money are, by force of this sub-section, guaranteed by the Commonwealth.
“28b. The Authority may give security over the whole or any part of its land or other assets for—
(a) the repayment by the Authority of money borrowed by the Authority under section 27 or paragraph 28 (1) (a) and the payment by the Authority of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Authority of amounts (including any interest) that the Authority is liable to pay with respect to money raised by the Authority under paragraph 28 (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 28a (1) or a determination made under sub-section 28a (2).
“29. The Authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 27 and 28.
“29a. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 28 and 28a.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
Omit “the Schedule”, substitute “Schedule 1”.
Insert the following section:
“4a. The execution, on behalf of the Commonwealth, of an agreement between the Commonwealth and all or any of the States substantially in accordance with the form set out in Schedule 2 is approved.”.
(a) Insert “as amended by the agreement referred to in section 4a” after “section 4”.
(b) Omit “that agreement”, substitute “the first-mentioned agreement as amended by the second-mentioned agreement”.
Omit
Insert the Schedule set out in Schedule 3 to this Act.
Omit “
Before the definition of “approved bank”, insert the following definition:
“ ‘appoint’ includes re-appoint;”.
Omit “misconduct”, substitute “misbehaviour”.
Omit the sub-section, substitute the following sub-sections:
“(6) The Chairman of a Promotions Appeal Board holds office, subject to this section, for such period as is specified in the instrument of his or her appointment and on such terms and conditions as the Minister determines, but is eligible for re-appointment.
“(6a) A person who has attained the age of 65 years shall not be appointed as a full-time Chairman of a Promotions Appeal Board and a person shall not be appointed as a full-time Chairman of a Promotions Appeal Board for a period that extends beyond the day on which the person will attain the age of 65 years.
“(6b) The Minister may terminate the appointment of the Chairman of a Promotions Appeal Board for misbehaviour or for physical or mental incapacity.
“(6c) The Chairman of a Promotions Appeal Board may resign from office by writing signed by the Chairman and delivered to the Minister.”.
Omit “misconduct”, substitute “misbehaviour”.
Repeal the section, substitute the following sections:
“72. The Minister for Finance may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Commission on such terms and conditions as the Minister for Finance, in writing, determines.
“72a. (1) The Commission may, with the approval of the Treasurer—
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing,
on terms and conditions that are specified in, or consistent with, the approval.
“(2) Without limiting the generality of sub-section (1), the Commission may, under that sub-section, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
“(3) A borrowing of money, or a raising of money otherwise than by borrowing, under sub-section (1) may be made, in whole or in part, in a currency other than Australian currency.
“(4) An approval may be given under sub-section (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(5) An approval under sub-section (1) shall be given in writing.
“(6) In this section, ‘securities’ includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
“(7) A reference in this section to dealing with securities includes a reference to—
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re-selling securities;
(b) creating, selling, purchasing or re-selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
“(8) For the purposes of this section—
(a) the issue by the Commission of an instrument acknowledging a debt in consideration of—
(i) the payment or deposit of money; or
(ii) the provision of credit,
otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Commission shall be deemed to be a raising by the Commission, otherwise than by borrowing, of an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Commission otherwise than in relation to a transaction that is in the ordinary course of the day-to-day operations of the Commission shall be deemed to be a raising by the Commission, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
“72b. (1) The Treasurer may, on behalf of the Commonwealth, enter into a contract—
(a) guaranteeing the repayment by the Commission of money borrowed under paragraph 72a (1) (a) and the payment by the Commission of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Commission of such amounts (which may be interest) that the Commission is liable to pay with respect to money raised under paragraph 72a (1) (b) as are specified in the contract.
“(2) The Treasurer may, in writing, determine—
(a) that the repayment by the Commission of money borrowed under paragraph 72a (1) (a), and the payment by the Commission of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Commission of such money (which may be interest) that the Commission is liable to pay with respect to money raised under paragraph 72a (1) (b) as is specified in the determination is guaranteed by the Commonwealth,
and, where the Treasurer makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this sub-section, guaranteed by the Commonwealth.
“(3) A contract may be entered into under sub-section (1), and a determination may be made under sub-section (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
“(4) A contract entered into under sub-section (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
“(5) Where a borrowing under paragraph 72a (1) (a) is by the issue of prescribed securities, the repayment by the Commission of the money so borrowed and the payment of interest on that money are, by force of this sub-section, guaranteed by the Commonwealth.
“72c. The Commission may give security over the whole or any part of its land or other assets for—
(a) the repayment by the Commission of money borrowed by the Commission under section 72 or paragraph 72a (1) (a) and the payment by the Commission of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Commission of amounts (including any interest) that the Commission is liable to pay with respect to money raised by the Commission under paragraph 72a (1) (b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under sub-section 72b (1) or a determination made under sub-section 72b (2).
“72d. The Commission shall not
borrow money, or raise money otherwise than by borrowing, except in accordance
with sections 72 and 72a
“72e. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under sections 72a and 72b.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Treasurer.
“(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.
“(4) A delegation under sub-section (1) does not prevent the exercise of a power by the Treasurer.”.
————
REPEAL OF ACTS
————
SCHEDULE TO BE INSERTED IN THE STATES AND NORTHERN TERRITORY GRANTS (RURAL ADJUSTMENT) ACT 1985
“SCHEDULE 2 Section 4a
AN AGREEMENT made the day of One thousand nine hundred
and eighty-six between—
THE COMMONWEALTH OF AUSTRALIA of the first part (in this agreement called ‘the Commonwealth’),
THE STATE OF NEW SOUTH WALES of the second part,
THE STATE OF VICTORIA of the third part,
THE STATE OF QUEENSLAND of the fourth part,
THE STATE OF WESTERN AUSTRALIA of the fifth part,
THE STATE OF SOUTH AUSTRALIA of the sixth part,
THE STATE OF TASMANIA of the seventh part, and
THE NORTHERN TERRITORY OF AUSTRALIA of the eighth part
(in this agreement called ‘the States’ and ‘the Northern Territory’ respectively).
WHEREAS—
(A) the Commonwealth, the States and the Northern Territory entered into an agreement dated 26 September 1985 (in this agreement called ‘the Principal Agreement’) for the provision of assistance to persons engaged in rural industries throughout Australia in the interest of those industries and of Australia generally;
(B) the Commonwealth, the States and the Northern Territory have agreed that the Principal Agreement should be amended as provided by this agreement.
NOW IT IS HEREBY AGREED as follows:
1. This agreement shall be deemed to have commenced operation on the date the Principal Agreement came into force.
2. Upon coming into force, this agreement shall be incorporated into and read as part of the Principal Agreement.
‘ “average outstanding loans” means half the total indebtedness arising from the operation of the Scheme in a State, whether borrowings by the State or otherwise than by the State, as is within the amount determined by the Commonwealth which should be subsidised under sub-clauses 13 (1) and 13 (3) for each year up to 7 years.’
‘(2) The interest subsidy referred to in sub-paragraphs (a) and (b) of clause 6 shall not exceed 50% of the rate or rates of interest and of associated costs set by a lender or lenders nominated from time to time for the purpose by the Minister and agreed to by State Ministers.’
‘(5) Borrowings referred to in sub-paragraphs (a) (i) and (ii) and (b) (i) and (ii) of clause 6 are the total borrowings which the Commonwealth determines under sub-clauses 13 (1) and 13 (3) will be subsidised.’
‘(a) Under Parts A and B an amount equal to 1 per cent of so much of the amount of average outstanding loans as relates to borrowings which the Minister determines should be subsidised by the Commonwealth under those Parts.’
[
House of Representatives on 16 April 1986
Senate on 6 May 1986
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