Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 (Cth)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

No. 165 of 1984

An Act to make various amendments of the statute law of the Commonwealth, and for related purposes

[Assented to 25 October 1984]

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

Short title

1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984.

Commencement

2. (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

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

(3) The amendment of the Acts Interpretation Amendment Act 1984 made by this Act shall be deemed to have come into operation on 12 June 1984.

(4) The amendment of the definition of “respite care bed” in section 10a of the Aged or Disabled Persons Homes Act 1954 made by this Act shall come

into operation, or be deemed to have come into operation, as the case requires, on the date fixed by the Minister for the purposes of sub-section 2 (7) of the Social Security and Repatriation Legislation Amendment Act 1984 or on the day fixed by Proclamation for the purpose of sub-section (20) of this section, whichever is the later.

(5) The amendment of sub-section 44 (3) of the Archives Act 1983 made by this Act shall be deemed to have come into operation on 6 June 1984.

(6) The amendments of the Australian Shipping Commission Amendment Act 1983 made by this Act shall be deemed to have come into operation on 19 January 1984.

(7) The amendment of the Australian Wine and Brandy Corporation Act1980 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.

(8) The amendments of the Complaints (Australian Federal Police) Act1981 made by this Act shall be deemed to have come into operation on 1 January 1984.

(9) The amendments of the Crimes Act 1914 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.

(10) The amendments of the Family Law Act 1975 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of Part III of the Family Law Amendment Act 1983.

(11) The amendment of the Health Legislation Amendment Act (No. 2) 1983 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of sub-section 40 (2) of that Act.

(12) The amendment of the Members of Parliament (Staff) Act 1984 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 32 of that Act.

(13) The amendments of the Merit Protection (Australian Government Employees) Act 1984 made by this Act (other than the amendments of paragraphs (a), (b) and (d) of the definition of “Commonwealth authority” in section 3 of the first-mentioned Act) shall—
(a) in the case of the insertion of section 37a after section 37 of the first-mentioned Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of sub-sections 15 (1), section 21 and sub-sections 39 (1) and 47 (1) of that Act or of the first of those provisions to come into operation;
(b) in the case of the amendment of sub-section 56 (2) of the first-mentioned Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of that sub-section;

(c) in the case of the amendment of sub-section 83 (3) of the first-mentioned Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of that sub-section; and
(d) in the case of the amendments of section 85 of the first-mentioned Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of that section.

(14) The amendments of the National Crime Authority Act 1984 made by this Act shall be deemed to have come into operation on 1 July 1984.

(15) The amendments of sub-sections 105aaa (1), (2), (4), (5) and (6) and paragraphs 105ac(1aa)(a) and (b) and (1b) (a) of the National Health Act1953 made by this Act shall be deemed to have come into operation on 23 July 1984.

(16) The amendment of the Off-shore Installations (Miscellaneous Amendments) Act 1982 made by this Act shall be deemed to have come into operation on 14 July 1982.

(17) Section 8 and the amendments of the Overseas Telecommunications Act 1946 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.

(18) The amendments of the Patents Act 1952 made by this Act (other than the amendments of section 58a of the first-mentioned Act) shall come into operation, or be deemed to have come into operation, as the case requires, on the date fixed by Proclamation for the purposes of sub-section 2 (11) of the Statute Law(Miscellaneous Provisions) Act (No. 2) 1983.

(19) The amendments of the definition of “Chief Officer” in sub-section 7 (1) of the Public Service Act 1922 made by this Act shall be deemed to have come into operation on 1 July 1984.

(20) The omission and substitution of Schedules 2 and 3 of the Public Service Act 1922 effected by this Act shall come into operation on a day to be fixed by Proclamation.

(21) The amendments of the Public Service Reform Act 1984 made by this Act shall—

(a) in the case of the amendments of paragraph 5 (5) (a), sub-sections 5 (8), 11 (1) and 12 (1) and (4), paragraph 18 (b), sections 19 and 21, paragraph 67 (j), sub-section 130 (3), section 141 and sub-sections 151 (5) and 152 (2), (3), (4) and (5) of the first-mentioned Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of, or on the respective days of commencement of, those provisions of that Act; and
(b) in the case of the amendments of Items 1 and 3 of Schedule 4 to the first-mentioned Act—be deemed to have come into operation on 1 July 1984.

(22) The amendment of the Quarantine Amendment Act 1984 made by this Act shall be deemed to have come into operation on 26 April 1984.

(23) The amendments of the Radiocommunications Act 1983 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the day fixed by Proclamation for the purposes of sub-section 2 (1) of that Act.

(24) The amendments of the Shipping Registration Amendment Act 1984 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 20 of that Act.

(25) The amendment of the Schedule to the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 made by this Act shall be deemed to have come into operation on 23 July 1984.

(26) The amendments to the Superannuation Act 1976 made by this Act shall—

(a) in the case of the amendment omitting the reference to section 18 of the Commonwealth Employees (Redeployment and Retirement) Act 1979 from paragraph 58 (3) (e) of the Superannuation Act 1976—be deemed to have come into operation on 1 July 1984; and
(b) in the case of the other amendments of the Superannuation Act 1976—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 84 of the Public Service Reform Act 1984.

(27) The amendment made by this Act to paragraph 94 (2) (fa) of the Telecommunications Act 1975 shall be deemed to have come into operation on 26 April 1984.

(28) The amendments of the Trade Practices Act 1974 made by this Act shall—

(a) in the case of the amendment inserting in the first-mentioned Act a new section 65a—come into operation on the day on which this Act receives the Royal Assent; and
(b) in the case of the amendment inserting in the first-mentioned Act a new section 79a—come into operation on the day fixed by Proclamation for the purposes of this paragraph.

(29) Section 9 and the amendments of the Acoustic Laboratories Act 1948, the Aged or Disabled Persons Homes Act 1954 (other than the amendment made by this Act of the definition of “respite care bed” in section 10a of that Act), the Aged or Disabled Persons Hostels Act 1972, the Broadcasting and Television Act 1942, the Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, the Handicapped Persons Assistance Act 1974, the Health Insurance Act 1973, the Home Nursing Subsidy Act 1956, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1964, the Homes Savings Grant Act 1976, the Income Tax Assessment Act 1936, the Narcotic Drugs Act 1967, the National Health Act

1953 (other than the amendments made by this Act to sub-sections 105aaa (1), (2), (4), (5) and (6) and paragraphs 105ac (1aa) (a) and (b) and (1b) (a) of that Act), the Sales Tax (Exemptions and Classifications) Act 1935, the Social Security Act 1947, the Re-establishment and Employment Act 1945, the Therapeutic Goods Act 1966 and the Tuberculosis Act 1948 shall come into operation on the day fixed by Proclamation for the purposes of sub-section (20) of this section.

(30) Sub-section 5 (2) shall come into operation, or be deemed to have come into operation, as the case requires, on 12 October 1984.

(31) Sub-section 6 (3) shall come into operation on the date on which this Act receives the Royal Assent.

(32) Where, under this section, an amendment of an Act comes into operation, or is deemed to have come into operation, on a day (in this sub-section referred to as the “commencement day”) other than the twenty-eighth day after the day on which this Act receives the Royal Assent, then sections 3 and 4, and sub-section 6 (1), in so far as those provisions apply in relation to the amendment, shall come into operation, or be deemed to have come into operation, as the case may be, on the commencement day.

Amendment of Acts

3. The Acts specified in Schedule 1 are amended as set out in that Schedule.

Amendment of Acts consequential upon alteration of certain designations under Public Service Act 1922

4.The Acts specified in Schedule 2 are amended, or are further amended, as the case may be, as set out in that Schedule.

Repeal

5. (1) The Acts specified in Schedule 3 are repealed.

(2) The Queensland Meat Inspection Agreement Act 1932 is repealed.

Transitional and savings

6. (1) Except where it is expressly provided to the contrary, where this Act—

(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 or pursuant to the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under or pursuant to the provision as so amended or re-enacted.

(2) Regulations made under section 24 of the Excise Act 1901 as in force immediately before the commencement of the amendments of that Act made by this Act shall, after that commencement, continue in force as if made for the purposes of section 24 of that Act as so amended.

(3) Where, before the commencement of this sub-section, proceedings to which a person holding office as the Director-General of Social Security was, in his capacity as the holder of that office, a party, had been instituted in the Federal Court of Australia in relation to a decision made under the Home Deposit Assistance Act 1982 and, immediately before the commencement of this sub-section, those proceedings were still pending, those proceedings may be continued after the commencement of this sub-section as if the description of that office, for the purposes of those proceedings, were amended by omitting the words “Director-General of Social Security” and substituting “Secretary to the Department of Housing and Construction”.

Transitional provisions relating to Copyright Act 1968

7. (1) Where, immediately before the commencement of this section—

(a) a body, whether incorporated or unincorporated, was a body declared by relevant regulations to be a central records authority for the purposes of the Copyright Act 1968 as in force immediately before that commencement;
(b) an institution was an institution declared by relevant regulations to be an institution to which applied paragraph (d) or (e) of the definition of “educational institution” in sub-section 10 (1) of the Copyright Act 1968, being that paragraph as in force immediately before that commencement; or
(c) an institution was an institution declared by relevant regulations to be, for the purposes of the Copyright Act 1968 as in force immediately before that commencement, an institution assisting handicapped readers,

the Attorney-General shall be deemed, for the purposes of the Copyright Act 1968 as in force after that commencement—

(d) to have made, immediately after that commencement, a declaration in relation to the body or institution under paragraph 10a (1) (a), (b) or (c), as the case may be, of that Act; and
(e) to have complied in relation to that declaration with sub-section 10a (3) of that Act.

(2) In sub-section (1), “relevant regulations” means regulations—

(a) made under the Copyright Act 1968; and
(b) in effect immediately before the commencement of this section.

Transitional provisions relating to Overseas Telecommunications Act 1946

8. (1) A person who, immediately before the day on which the amendments made by this Act to the Principal Act come into operation, holds office as a Commissioner by virtue of an appointment under a provision of the Principal Act, continues to hold office for the remainder of his or her term of office as if those amendments had not been made.

(2) For the purposes of sub-section 9 (1) of the Principal Act as amended by this Act—

(a) the Commissioner who continues to hold office as a Commissioner in accordance with sub-section (1) of this section and who is an officer of the Department shall be regarded as the Commissioner referred to in paragraph 9 (1) (b) of that Act as so amended; and
(b) any other Commissioner who continues so to hold office shall be regarded as a Commissioner referred to in paragraph 9 (1) (d) of that Act as so amended.

(3) Notwithstanding the repeal by this Act of sub-section 18 (1) of the Principal Act, a person who, immediately before the repeal of that sub-section, held office as the general manager of the Commission may continue to hold office as general manager of the Commission until a person is appointed as the Managing Director of the Commission, or is appointed to act as the Managing Director of the Commission, under the Principal Act as amended by this Act.

(4) Notwithstanding the repeal by this Act of sub-section 18 (6) and section 32 of the Principal Act, that sub-section and that section shall be deemed to continue in force for the duration of any period during which a person continues to hold office as general manager of the Commission in accordance with sub-section (3) of this section.

(5) In this section, “Principal Act” means the Overseas Telecommunications Act 1946 as amended and in force immediately before the date of commencement of this section.

Transitional provisions relating to certain offices under the Public Service Act 1922

9. (1) Any act or thing done at any time before the commencement of this section by a person or by a delegate of a person who, at that time, held office as, or acted in the office of, the Director-General of Health, being an act or thing done pursuant to the person’s duties as the holder of, or person acting in, that office or as a delegate of the holder of that office, shall have such consequences or effects after the commencement of this section as it would have had if the amendments made by this Act to the Acoustic Laboratories Act 1948, the Broadcasting and Television Act 1942, the Home Nursing Subsidy Act 1956, the Narcotic Drugs Act 1967, the Sales Tax (Exemptions and Classifications) Act 1935, the Therapeutic Goods Act 1966, the Tuberculosis Act 1948 and paragraph 16 (4) (f) and sub-section 73a (6) of the Income Tax Assessment Act 1936 had not been made, but any power or function conferred by any Act may be exercised or performed after the commencement of this section in relation to that act or thing as if that act or thing had been done by the Secretary to the Department of Health or by a delegate of the Secretary to the Department of Health, as the case may be.

(2) Where, immediately before the commencement of this section, there were pending in a court or tribunal any proceedings to which a person holding office as the Director-General of Health was, in his capacity as the holder of

that office, a party, those proceedings may be continued after the commencement of this section as if the description of that office, for the purposes of those proceedings, were amended by omitting the words “Director-General of and substituting “Secretary to the Department of”.

(3) The person who, immediately before the commencement of this section, held office as Director-General of Health shall, subject to the Public Service Act 1922, hold office after the commencement of this section as Secretary to the Department of Health.

(4) A reference in any instrument (including rules, regulations and by-laws) made, granted or issued pursuant to any Act to the Director-General of Health shall, in relation to any act or thing done, or to be done, after the commencement of this section, be read as a reference to the Secretary to the Department of Health.

(5) Any act or thing done at any time before the commencement of this section by a person or by a delegate of a person who, at that time, held office as, or acted in the office of, the Director-General of Social Security, being an act or thing done pursuant to the person’s duties as the holder of, or person acting in, that office or as a delegate of the holder of that office, shall have such consequences or effects after the commencement of this section as it would have had if the amendments made by this Act to the Aged or Disabled Persons Homes Act 1954, the Aged or Disabled Persons Hostels Act 1972, the Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, the Handicapped Persons Assistance Act 1974, the Health Insurance Act 1973, the National Health Act 1953 (other than the amendments made by this Act to sub-sections 105aaa (1), (2), (4), (5) and (6) and paragraphs 105AC (1aa) (a) and (b) and (1b) (a) of that Act), the Re-establishment and Employment Act 1945, the Sales Tax (Exemptions and Classifications) Act 1935, the Social Security Act 1947 and paragraphs 16 (4) (e) and (j) and sub-section 159j (6) of the Income Tax Assessment Act 1936 had not been made, but any power or function conferred by any Act may be exercised or performed after the commencement of this section in relation to that act or thing as if that act or thing had been done by the Secretary to the Department of Social Security or by a delegate of the Secretary to the Department of Social Security, as the case may be.

(6) Where, immediately before the commencement of this section, there were pending in a court or tribunal any proceedings (other than proceedings relating to the Home Deposit Assistance Act 1982)to which a person holding office as the Director-General of Social Security was, in his capacity as the holder of that office, a party, those proceedings may be continued after the commencement of this section as if the description of that office, for the purposes of those proceedings, were amended by omitting the words “Director-General of and substituting “Secretary to the Department of.

(7) The person who, immediately before the commencement of this section, held office as Director-General of Social Security shall, subject to the

Public Service Act 1922, hold office after the commencement of this section as Secretary to the Department of Social Security.

(8) A reference in any instrument (including rules, regulations and by-laws) made, granted or issued pursuant to any Act to the Director-General of Social Security shall, in relation to any act or thing done, or to be done, after the commencement of this section, be read as a reference to the Secretary to the Department of Social Security.

(9) Where, by virtue of an amendment of any Act that is amended by this Act, being an amendment made by an Act that receives the Royal Assent after the introduction into the Parliament of this Act, a provision of that first-mentioned Act, as so amended, refers to the Director-General of Health or to the Director-General of Social Security, that reference shall be construed, on and after the commencement of that amendment or the day fixed for the purposes of sub-section 2 (20) of this Act, whichever last occurs, as if it were a reference to the Secretary to the Department of Health or to the Secretary to the Department of Social Security, as the case requires.

(10) Where, in any Act that is not amended by this Act, reference is made to the Director-General of Health or to the Director-General of Social Security, that reference shall be construed, on and after the date fixed for the purpose of sub-section 2 (20) of this Act, as if it were a reference to the Secretary to the Department of Health or to the Secretary to the Department of Social Security, as the case requires.

—————

SCHEDULE 1 Section 3

AMENDMENTS OF ACTS

Aboriginal Councils and Associations Act 1976

Section 3 (paragraph (a) of the definition of “Aboriginal association”)—

After “Aboriginals”, insert “and spouses of Aboriginals”.

Section 3 (definition of “disposable estate or interest”)—

Omit the definition.

After the definition of “Registrar” in section 3—

Insert the following definition:

“‘spouse’, in relation to an Aboriginal, includes a person who, although not legally married to the Aboriginal, is living with the Aboriginal as the Aboriginal’s spouse on a permanent and bona fide domestic basis;”.

Paragraph 19 (3 (c)—

Omit the paragraph, substitute the following paragraph:

“(c) may acquire, hold and dispose of real and personal property; and”.

Paragraph 19 (3) (d)—

Omit the paragraph.

Paragraph 29 (b)—

Omit all the words after “over”, substitute “all or any of the property of the Council;”.

Paragraph 46 (1) (c)—

Omit the paragraph, substitute the following paragraph:

“(c) may acquire, hold and dispose of real and personal property; and”.

Paragraph 46 (1) (d)—

Omit the paragraph.

Sub-section 49 (1)—

After “an Aboriginal” insert”, or the spouse of an Aboriginal,”.

After section 49—

Insert the following section:

Provision in rules for conferral of specified rights of membership on persons not entitled to become members

“49a. (1) Where more than 75% of the members of an Aboriginal association agree, the Rules referred to in sub-section 43 (2) may provide for the conferring of specified rights of membership of the association (other than the right to vote at meetings of the association and the right to stand for election to the Governing Committee of the association) on persons not entitled to become members of the association.

“(2) Where more than 75% of the members of an Incorporated Aboriginal Association agree, the Rules of the Association may, subject to section 54 and the requirements of the Rules relating to alteration of the Rules, bealtered to provide for the conferring of specified

SCHEDULE 1— continued

rights of membership of the Association (other than the right to vote at meetings of the Association and the right to stand for election to the Governing Committee of the Association) on persons not entitled to become members of the Association.”.

Paragraph 51 (b)—

Omit all the words after “over”, substitute “all or any of the property of the Association”.

After section 59—

Insert the following section:

Exemption from section 59 in certain circumstances

“59a. (1) Where the Registrar is satisfied that it would be impracticable for an Incorporated Aboriginal Association to comply with the requirements of section 59, or that the application of those requirements to an Incorporated Aboriginal Association would be unduly onerous, the Registrar may, by writing, exempt the Association, wholly or in part, from those requirements.

“(2) Where the Registrar has, in an instrument issued under sub-section (1), exempted an Incorporated Aboriginal Association, in whole or in part, from the requirements of section 59, the Registrar may, in the instrument, require that Association to comply with such requirements as to the keeping of accounts and records, and the preparation and filing of reports and statements prepared from those accounts and records, as the Registrar thinks appropriate in view of the exemption that has been granted, and that Association shall comply with the requirement.

Penalty: $50.”.

Sub-section 60 (1)—

After “sub-section 59 (1)” insert “, or pursuant to a requirement of the Registrar under sub-section 59a(2),”.

Paragraph 61 (1) (a)—

After “section 59” insert “, or under a requirement of the Registrar under sub-section 59a (2)”.

Paragraph 61 (1) (b)—

After “sub-section 59 (4)” insert “, or filed in compliance with a requirement of the Registrar under sub-section 59a (2),”.

Sections 66, 78 and 78a—

Repeal the sections.

Acoustic Laboratories Act 1948

Section 2 (definition of “the Director-General”)—

Omit the definition, substitute the following definition:

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

Sections 3 and 5 and paragraph 6 (a)—

Omit “Director-General” (wherever occurring), substitute “Secretary”.

SCHEDULE 1—continued

Acts Interpretation Amendment Act 1984

Section 19—

Omit “ ‘made’ ”, substitute “‘made,’”.

Aged or Disabled Persons Homes Act 1954

After the definition of “local governing body” in sub-section 2 (1)—

Insert the following definition:

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

Sub-section 2 (1) (definition of “the Director-General”)—

Omit the definition.

Section 10a (definition of “respite care bed”)—

Omit “Director-General”, substitute “Secretary”.

Archives Act 1983

Sub-section 44 (3)—

Omit “sub-section (5)”, substitute “sub-section (7)”.

Paragraph 71 (d)—

Omit “and”.

Section 71—

Add at the end thereof the following word and paragraph:

“; and (f) making records not forming part of the archival resources of the Commonwealth available to the Commonwealth institution from which they were received or to the Commonwealth institution that has succeeded to the relevant functions of that institution.”.

Australian Shipping Commission Amendment Act 1983

Schedule—

(a) Omit “ ‘1908—1950’”, substitute” ‘—1950’”.

(b) Omit “(e) Omit “Stevedoring Industry Act 1949-1954’”.

Australian Wine and Brandy Corporation Act 1980

Sub-section 14 (5)—

Omit the sub-section, substitute the following sub-section:

“(5) The Minister may, by writing, extend to a day not later than 30 June 1986 the period for which a member (other than a member referred to in paragraph 13 (1) (g)) who held office on 30 June 1984 is entitled (including by reason of a previous extension) to hold that office, and, where the Minister so extends the term of office of a member that would, but for the extension, have expired on 30 June 1984—

(a) the member shall be deemed to have held that office at all times during the period from that 30 June to the time when the extension was given; and

SCHEDULE 1— continued

(b) any act or thing done by the member during the period referred to in paragraph (a) shall be deemed to have been as validly done as if the extension had been given before that act or thing was done.”.

Broadcasting and Television Act 1942

Sub-sections 100 (6), (7), (8) and (9)—

Omit “Director-General of Health” (wherever occurring), substitute “Secretary to the Department of Health”.

Commonwealth Employees (Redeployment and Retirement) Act 1979

Sub-section 3 (1) (paragraphs (a), (b) and (d) of the definition of “prescribed Commonwealth authority”)—

Omit “on its own behalf (wherever occurring), substitute “otherwise than under the Public Service Act 1922”.

Sub-sections 25 (1) and (3)—

Omit “any of its powers” (wherever occurring), substitute “all or any of its powers and functions”.

Sub-section 25 (2)—

Omit “any of his powers”, substitute “all or any of his or her powers and functions”.

Sub-section 25 (4)—

(a) After “power”, insert “or function”.
(b) After “exercised” (wherever occurring), insert “or performed”.

Sub-section 25 (5)—

After “power”, insert “or the performance of a function”.

Commonwealth Functions (Statutes Review) Act 1981

Sub-section 116 (2)—

(a) Omit “Presale”.
(b) After “relates” insert “is a sample of greasy wool that”.

Commonwealth Places (Application of Laws) Act 1970

Item 3 of the Schedule—

Insert “(3a),” after “(3),”.

Commonwealth Teaching Service Act 1972

Section 25—

Repeal the section, substitute the following section:

Creation and abolition of positions

“25. A relevant authority may create positions in the component of the Service in relation to which that authority is the relevant authority and may abolish positions in that component.”.

SCHEDULE 1— continued

Sub-section 26 (1)—

Omit “with the approval of the Public Service Board,”.

Complaints (Australian Federal Police) Act 1981

Sub-section 22 (8)—

(a) Omit “56 and 57”, substitute “52b and 56”.

(b) Omit “57 (1)”, substitute “52b (2)”.

Section 8—

Omit the section, substitute the following section:

“8. Subject to section 8a, copyright does not subsist otherwise than by virtue of this Act.”.

Sub-section 10 (1) (definition of “central records authority”)—

Omit the definition, substitute the following definition:

“‘central records authority’ means a body, whether incorporated or unincorporated, in relation to which a declaration under paragraph 10a(1) (a) is in force;”.

Sub-section 10 (1) (paragraph (c) of the definition of “educational institution”)—

Omit “, other than an institution referred to in paragraph (a) or (b),”.

Sub-section 10 (1) (paragraphs (d) and (e) of the definition of “educational institution”)—

Omit the paragraphs, substitute the following paragraphs:

“(d) a school of nursing in relation to which a notice published under sub-section 10a(4) is in force;
(e) an undertaking within a hospital, being an undertaking—
(i) that conducts courses of study or training in the provision of medical services, or in the provision of services incidental to the provision of medical services; and
(ii) in relation to which a notice published under sub-section 10a(4) is in force;
(f) a teacher education centre in relation to which a notice published under sub-section 10a(4) is in force;
(g) an institution that has, as its principal function, the provision of courses of study or training for the purpose of—
(i) general education;
(ii) the preparation of persons for a particular occupation or profession; or
(iii) the continuing education of persons engaged in a particular occupation or profession,
and in relation to which a declaration under paragraph 10a (1) (b) is in force;
(h) an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, being an undertaking—
(i) that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds; and

SCHEDULE 1— continued

(ii) in relation to which a declaration under paragraph 10a(1) (b) is in force; or
(j) an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, being an institution or undertaking—
(i) that has as its principal function, or as one of its principal functions, the furnishing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes; and
(ii) in relation to which a declaration under paragraph 10a (1) (b) is in force;”.

After the definition of “infringing copy” in sub-section 10 (1)—

Insert the following definition:

“‘institution’ includes an educational institution;”.

Sub-section 10 (1) (paragraph (b) of the definition of “institution assisting handicapped readers”)—

Omit all the words after “and”, substitute “in relation to which a declaration under paragraph 10a(1) (c) is in force”.

Paragraph 10 (3) (a)—

Omit “educational institution, an institution assisting handicapped readers”, substitute “institution”.

Paragraph 10 (3) (1)—

Omit the paragraph, substitute the following paragraph:

“(1) a reference to a record embodying a sound recording shall be read as a reference to—
(i) a record produced upon the making of a sound recording; or
(ii) another record embodying the sound recording directly or indirectly derived from a record so produced;”.

Paragraph 10 (3) (m)—

(a) Insert “(other than section 49)” after “section” (first occurring).
(b) Omit “and”.

After paragraph 10 (3) (m)—

Insert the following paragraph:

“(ma) a reference to a relevant declaration, in relation to the making, in reliance on section 49, of a copy of the whole or a part of a work, shall be read as a reference to—
(i) in a case where the copy is made in reliance on sub-section 49 (2)—a declaration of the kind referred to in sub-section 49 (1) that is furnished in relation to the making of the copy;
(ii) in a case where the copy is made in reliance on sub-section 49 (2c)—a declaration of the kind referred to in paragraph 49 (2c) (b) that is made in relation to the making of the copy; or
(iii) in any case—a declaration of the kind referred to in sub-section 49 (5) that is made in relation to the making of the copy; and”.

SCHEDULE 1— continued

After section 10—

Insert the following section:

Declarations and notices relating to certain bodies and institutions

“10a. (1) The Attorney-General may, by notice in writing published in the Gazette—

(a) declare a body, whether incorporated or unincorporated, to be a central records authority for the purposes of this Act;
(b) declare an institution to be an educational institution for the purposes of this Act; or
(c) declare an institution to be, for the purposes of this Act, an institution assisting handicapped readers.

“(2) The Attorney-General may, by notice in writing published in the Gazette, revoke adeclaration made under sub-section (1).

“(3) The Attorney-General shall cause a copy of a notice under sub-section (1) or (2) to be laid before each House of the Parliament within 15 sitting days of that House after the notice is published in the Gazette.

“(4) The body administering an institution may cause to be published in the Gazette a notice that—

(a) sets out full particulars of the name and address of the institution; and
(b) contains a statement to the effect that the notice is published for the purposes of this sub-section.

“(5) The body administering an institution may cause to be published in the Gazette anotice revoking a notice published under sub-section (4) in relation to the institution.

“(6) In this section, ‘institution’ includes a school of nursing, an undertaking within ahospital, a teacher education centre and an undertaking within a body administering an educational institution.”.

After section 48—

Insert the following section:

Copying by Parliamentary libraries for members of Parliament

“48a. The copyright in a work is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person’s duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.”.

Sub-section 49 (1)—

Omit “(not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer in charge of, substitute “or”.

Paragraph 49 (1) (a)—

Omit “literary, dramatic or musical”.

Sub-paragraph 49 (1) (b) (i)—

Omit the sub-paragraph, substitute the following sub-paragraph:

“(i) that he requires the copy for the purpose of research or study and will not use it for any other purpose; and”.

SCHEDULE 1— continued

After sub-section 49 (2)—

Insert the following sub-sections:

“(2a) A person may make to an authorized officer of a library or archives—

(a) a request to be supplied with a copy of an article, or part of an article, contained in a periodical publication or of the whole or a part of a published work other than an article contained in a periodical publication; and
(b) a declaration to the effect that—
(i) the person requires the copy for the purpose of research or study and will not use it for any other purpose;
(ii) the person has not previously been supplied with a copy of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives; and
(iii) by reason of the remoteness of the person’s location, the person cannot conveniently furnish to the officer in charge of the library or archives a request and declaration referred to in sub-section (1) in relation to the copy soon enough to enable the copy to be supplied to the person before the time by which the person requires it.

“(2b) A request or declaration referred to in sub-section (2a) is not required to be made in writing.

“(2c) Subject to this section, where—

(a) a request and declaration referred to in sub-section (2a) are made by a person to an authorized officer of a library or archives; and
(b) the authorized officer makes a declaration setting out particulars of the request and declaration made by the person and stating that—
(i) the declaration made by the person, so far as it relates to the matters specified in sub-paragraphs (2a) (b) (i) and (ii), does not contain a statement that, to the knowledge of the authorized officer, is untrue in a material particular; and
(ii) the authorized officer is satisfied that the declaration made by the person is true so far as it relates to the matter specified in sub-paragraph (2a) (b) (iii),

an authorized officer of the library or archives may make, or cause to be made, the copy to which the request relates and supply the copy to the person.”.

Sub-section 49 (3)—.

(a) After “(1)”, insert “or (2a)”.
(b) After “(2)”, insert “or (2c), as the case may be,”.

Sub-section 49 (4)—

After “(2)”, insert “or (2c)”.

Sub-section 49 (5)—

(a) After “(2)”, insert “or (2c)”.
(b) Omit “literary, dramatic or musical”.

Sub-section 49 (6)—

(a) After “(1)”, insert “or (2a)”.
(b) After “(2)”, insert “or (2c), as the case may be,”.

SCHEDULE 1— continued

Sub-section 49 (7)—

(a) Omit “literary, dramatic or musical”.
(b) After “(1)”, insert “or (2a)”.
(c) After “(2)”, insert “or (2c), as the case may be,”.

Section 49—

Add at the end thereof the following sub-section:

“(9) In this section, ‘library’ does not include a library that is conducted for the profit, direct or indirect, of an individual or individuals.”.

Sub-section 50 (1)—

Omit “literary, dramatic or musical”.

Paragraph 50 (1) (a)—

Omit “or”.

After paragraph 50 (1) (a)—

Insert the following paragraph:

“(aa) in a case where the principal purpose of the first-mentioned library is to provide library services for members of a Parliament—for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or”.

Sub-section 50 (3)—

Before “a copy”, insert “, or causes to be made,”.

Sub-section 50 (4)—

Omit “literary, dramatic or musical”.

Sub-section 50 (7)—

Omit the sub-section, substitute the following sub-sections:

“(7) Where—

(a) a copy (in this sub-section referred to as the ‘relevant copy’) of, or of a part of, an article, or of the whole or a part of another work, is supplied under sub-section (2) to the officer in charge of a library; and
(b) a copy of the same article or other work, or of the same part of the article or other work, as the case may be, has previously been supplied under sub-section (2) for the purpose of inclusion in the collection of the library,

sub-section (4) does not apply to or in relation to the relevant copy unless, as soon as practicable after the request under sub-section (1) relating to the relevant copy is made, an authorized officer of the library makes a declaration—

(c) setting out particulars of the request (including the purpose for which the relevant copy was requested); and
(d) stating that the copy referred to in paragraph (b) has been lost, destroyed or damaged, as the case requires.

“(7a) Where a copy of the whole of a work (other than an article contained in a periodical publication), or of a part of such a work that contains more than a reasonable

SCHEDULE 1— continued

portion of the work, is supplied under sub-section (2) to the officer in charge of a library, sub-section (4) does not apply to or in relation to the copy unless—

(a) in a case where the principal purpose of the library is to provide library services for members of a Parliament—the copy is so supplied for the purpose of assisting a person who is a member of that Parliament in the performance of the person’s duties as such a member; or
(b) as soon as practicable after the request under sub-section (1) relating to the copy is made, an authorized officer of the library makes a declaration—
(i) setting out particulars of the request (including the purpose for which the copy was requested); and
(ii) stating that, after reasonable investigation, the authorized officer is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price.”.

Sub-sections 53b (1), (2) and (3)—

Omit the sub-sections, substitute the following sub-sections:

“(1) Subject to this section, the copyright in an article contained in a periodical publication is not infringed by the making of copies of the whole or a part of that article, by or on behalf of the body administering an educational institution, for the teaching purposes of that or another educational institution.

“(2) Subject to this section, the copyright in a work (other than an article in a periodical publication) is not infringed by the making of copies of the whole or a part of that work, by or on behalf of the body administering an educational institution, for the teaching purposes of that or another educational institution.

“(3) Without limiting the generality of sub-section (1) or (2), a copy of the whole or a part of a work shall be taken to have been made for the teaching purposes of an educational institution if—

(a) it is made in connection with a particular course of instruction provided by that institution; or
(b) it is made for the purpose of inclusion in the collection of a library of that institution.”.

Sub-section 53b (9)—

Omit “section”, substitute “sub-section”.

Sub-section 53b (14)—

Omit the sub-section.

After sub-section 53d (11)—

Insert the following sub-sections:

“(11a) Subject to sub-section (11b), the copyright in a literary or dramatic work that has been published is not infringed by the making, by or on behalf of the body administering an institution assisting handicapped readers, of a prescribed reproduction of the work, or of a part of the work, if the prescribed reproduction is so made in order to be used in the making, by or on behalf of that body, of a handicapped reader’s copy of the work, or of the part of the work, as the case may be.

“(11b) Where—

(a) a prescribed reproduction of a work, or of a part of a work, is made, by or on behalf of the body administering an institution assisting handicapped readers, in order to

SCHEDULE 1— continued

be used in the making, by or on behalf of that body, of a handicapped reader’s copy of the work, or of the part of the work, as the case may be; and

(b) the prescribed reproduction—
(i) is used otherwise than as mentioned in paragraph (a); or
(ii) is not destroyed within 3 months after its making,

sub-section (11a)does not apply, and shall be deemed never to have applied, in relation to the making of the prescribed reproduction.

“(11c) In sub-sections (11a)and (11b), ‘prescribed reproduction’, in relation to a work, or a part of a work, means—

(a) a copy of the work, or of the part of the work;
(b) a record embodying a sound recording of the work, or of the part of the work; or
(c) a Braille version, a large-print version, or a photographic version, of the work, or of the part of the work.”.

After section 104—

Insert the following section:

Acts done by Parliamentary libraries for members of Parliament

“104a. A copyright subsisting by virtue of this Part is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person’s duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.”.

Sub-section 195a (1)—

After “Part”, insert “(other than sub-section 203h (5) )”.

Section 195a—

Add at the end thereof the following sub-sections:

“(3) A reference in this Part to an educational institution, or to an institution assisting handicapped readers, includes a reference to an institution that has at any time been an educational institution, or an institution assisting handicapped readers, as the case may be.

“(4) A reference in this Part to an institution includes a reference to a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution.”.

Sub-section 203a (5)—

Omit the sub-section, substitute the following sub-section:

“(5) It is a defence to a prosecution of the body administering, or of the officer in charge of, a library or archives for an offence against sub-section (1) in relation to the retention of a declaration, or to a prosecution of the body administering, or of the custodian in charge of the copying records of, an institution for an offence against sub-section (2) in relation to the retention of a record, if the body or person prosecuted (in this sub-section referred to as the ‘defendant’) satisfies the court that—

(a) in the case of a prosecution of the officer in charge of a library or archives, or a prosecution of the custodian in charge of the copying records of an institution—the declaration or record relates to the making of a copy or handicapped reader’s copy of a work, or of a part of a work, before the date on which the defendant became the officer in charge of the library or archives, or the custodian in charge of the copying records of the institution, as the case requires, and was not in the possession

SCHEDULE 1— continued

of the body administering the library, archives or institution, as the case requires, at that date; or
(b) in any case—the defendant took all reasonable precautions, and exercised due diligence, to ensure the retention of the declaration or record in the records of the library, archives or institution, as the case requires.”.

Sub-section 203b (6)—

Omit “a copying made”, substitute “copying done”.

After sub-section 203b (6)—

Insert the following sub-sections:

“(6a) It is a defence to a prosecution of the custodian in charge of the copying records of an institution for an offence against sub-section (6) constituted by a failure to comply with sub-section (5) in relation to a record if the custodian satisfies the court that the custodian took all reasonable precautions, and exercised due diligence, in attempting to comply with sub-section (5) in relation to the record.

“(6b) It is a defence to a prosecution of the body administering an institution for an offence against sub-section (6) constituted by a failure by the custodian in charge of the copying records of the institution to comply with sub-section (5) in relation to a record if the body satisfies the court that it took all reasonable precautions, and exercised due diligence, to ensure that the custodian complied with sub-section (5) in relation to the record.”.

Sub-section 203c (4)—

Omit the sub-section, substitute the following sub-section:

“(4) It is a defence to a prosecution of the body administering, or of the officer in charge of, a central records authority for an offence against sub-section (1) in relation to the retention of a record deposited with the central records authority if the body or person prosecuted (in this sub-section referred to as the ‘defendant’) satisfies the court that—

(a) in the case of a prosecution of the officer in charge of a central records authority—the record was so deposited before the date on which the defendant became the officer in charge of the central records authority and was not in the possession of the central records authority at that date; or
(b) in any case—the defendant took all reasonable precautions, and exercised due diligence, to ensure the retention of the record in the possession of the central records authority.”.

Section 203d—

Add at the end thereof the following sub-section:

“(5) It is a defence to a prosecution of a body or person for an offence against sub-section (1), (2) or (4) in relation to the arrangement of declarations or copying records if the body or person satisfies the court that the body or person took all reasonable precautions, and exercised due diligence, to ensure that the declarations or copying records, as the case may be, were arranged as mentioned in that sub-section.”.

Section 203e—

Add at the end thereof the following sub-sections:

“(8) It is a defence to a prosecution of the officer in charge of a library or archives for an offence against sub-section (6), or to a prosecution of the custodian in charge of the copying records of an institution, or of the officer in charge of a central records authority, for an offence against sub-section (7), if the person prosecuted satisfies the court that the person prosecuted believed, on reasonable grounds, that the person who attended the premises of

SCHEDULE 1— continued

the library, archives, institution or central records authority, as the case may be, as mentioned in that sub-section, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred on the last-mentioned person by sub-section (4) or (5), as the case may be.

“(9) It is a defence to a prosecution of the body administering a library or archives for an offence against sub-section (6), or to a prosecution of the body administering an institution or a central records authority for an offence against sub-section (7), if the body satisfies the court that it took all reasonable precautions, and exercised due diligence, to ensure that the person who attended the premises of the library, archives, institution or central records authority, as the case may be, as mentioned in that sub-section, was provided with all reasonable facilities and assistance for the effective exercise of the powers conferred on the last-mentioned person by sub-section (4) or (5), as the case may be.

“(10) A person who, either directly or indirectly, except for the purpose of—

(a) informing the owner of the copyright in a work that a copy (including a microform copy) has been made of the work;
(b) enforcing a right that a person has under this Act in connection with a work in which copyright subsists; or
(c) ensuring compliance with a provision of Division 5 of Part III or with a provision of this Part,

makes a record of, or divulges or communicates to a person, information in relation to which sub-section (11) applies in relation to the first-mentioned person is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.

“(11) This sub-section applies in relation to information in relation to a person if, and only if—

(a) the information was acquired by the person in the course of an inspection conducted by the person under sub-section (4); or
(b) the information was divulged or communicated to the person by another person and this sub-section applies in relation to the information in relation to the other person.”.

Sub-section 203f (1)—

(a) After “record that”, insert “the person knows, or ought reasonably to know,”.
(b) Omit “Penalty: $500.”, substitute the following: “Penalty—
(a) in a case where the person knows that the declaration or record is false or misleading in a material particular—$500; or
(b) in any other case—$250.”.

Sub-section 203f (2)—

(a) Omit “unless the prescribed retention period in respect of the declaration or record has expired”, substitute “, being a declaration or record in respect of which the prescribed retention period has not expired, if the person knows, or ought reasonably to know, that the prescribed retention period in respect of the declaration or record has not expired”.
(b) Omit “Penalty: $500.”, substitute the following: “Penalty—
(a) in a case where the person knows that the prescribed retention period in respect of the declaration or record has not expired—$500; or
(b) in any other case—$250.”.

SCHEDULE 1— continued

Sub-section 203f (4)—

Omit the sub-section, substitute the following sub-section:

“(4) Where the body administering a central records authority causes a notice to be published in the Gazette under sub-section 203g (9) that a member of the body, or a person holding, or performing the duties of, an office in the service of the body, knows, or ought reasonably to know, is false or misleading in a material particular, the body administering the central records authority is guilty of an offence, punishable, upon conviction, by a fine not exceeding—

(a) in a case where such a member or person knows that the notice is false or misleading in a material particular—$500; or
(b) in any other case—$250.”.

Sub-section 203g (13)—

Omit the sub-section, substitute the following sub-section:

“(13) It is a defence to a prosecution of a body or person for an offence against sub-section (12) in relation to the retention of a record if the body or person satisfies the court that the body or person took all reasonable precautions, and exercised due diligence, to ensure the retention of the record in the possession of the body or person.”.

Sub-sections 203h (1) and (2)—

Omit the sub-sections, substitute the following sub-section:

“(1) In proceedings against a person or body for infringement of copyright in a work in connection with the making, by or on behalf of an institution, of a copy of the work, or of a part of the work, the person or body is not entitled to rely on section 49, 50, 51a, 53b or 53d as justification for the making of the copy unless, at or about the time the copy was made, there was made on the copy a notation—

(a) stating that the copy was made on behalf of that institution and setting out the date on which the copy was made; and
(b) in the case of a copy that was made in reliance on sub-section 53d (11a)— stating that the copy is a prescribed reproduction made in reliance on that sub-section.”.

Sub-section 203h (3)—

(a) Omit “a handicapped reader’s copy of the whole or of a part of that work, being a copy consisting of a record embodying a sound recording of that work or of a part of that work,”, substitute “a record embodying a sound recording of the work, or of a part of the work,”.
(b) Omit “section 53d” (twice occurring), substitute “sub-section 53d (1)”.

After sub-section 203h (3)—

Insert the following sub-section:

“(3a) In proceedings against a person or body for infringement of copyright in a work in connection with the making, on behalf of an institution assisting handicapped readers, of a record embodying a sound recording of the work, or of a part of the work, the person or body is not entitled to rely on sub-section 53d (11a) unless, at the time the record was made, there was embodied on the record, immediately before the commencement of that sound recording, a sound recording of the following message:

This record, embodying a sound recording of (name of work), is a prescribed reproduction made in reliance on sub-section 53d (11a) of the Copyright Act 1968 on (date on which record made) by (name of person who made the record) on behalf of (name of institution assisting handicapped readers, on behalf of which the record was made).’.”.

SCHEDULE 1— continued

Sub-sections 203h (4) and (5)—

Omit the sub-sections, substitute the following sub-sections:

“(4) A person who—

(a) makes on a copy of a work, or of a part of a work, a notation of the kind referred to in sub-section (1); or
(b) causes to be embodied on a record embodying a sound recording a message of a kind referred to in sub-section (3) or (3a),

being a notation or message that contains a statement that the person knows, or ought reasonably to know, is false or misleading in a material particular, is guilty of an offence, punishable, upon conviction, by a fine not exceeding—

(c) in a case where the person knows that the statement is false or misleading in a material particular—$500; or
(d) in any other case—$250.

“(5) For the purposes of sub-sections (1), (3) and (3a)—

(a) where a copy of a work, or of a part of a work—
(i) is made, or caused to be made, by an authorized officer of a library; or
(ii) is made by or on behalf of the officer in charge of a library,
being a library of an institution, the copy shall be deemed to have been made on behalf of the institution;
(b) where a copy of a work, or of a part of a work—
(i) is made, or caused to be made, by an authorized officer of a library; or
(ii) is made by or on behalf of the officer in charge of a library, being a library that is not a library of an institution—
(iii) the copy shall be deemed to have been made on behalf of the person or body administering the library; and
(iv) those sub-sections apply as if a reference in those sub-sections to an institution included a reference to that person or body;
(c) where a copy of a work, or of a part of a work—
(i) is made, or caused to be made, by an authorized officer of archives; or
(ii) is made by or on behalf of the officer in charge of archives, then—
(iii) the copy shall be deemed to have been made on behalf of the person or body administering the archives; and
(iv) those sub-sections apply as if a reference in those sub-sections to an institution included a reference to that person or body; and
(d) where a copy, or a record embodying a sound recording, of a work, or of a part of a work, is made by or on behalf of the body administering an institution, the copy or record, as the case may be, shall be deemed to have been made on behalf of the institution.”.

Sub-section 203h (6)—

Omit “the whole or a part of a work (including a Braille, large-print or photographic version, of the whole or a part of the work)”, substitute “a work, or of a part of a work,”.

Sub-sections 203h (6) and (7)—

Omit “or (2), whichever is applicable,” (wherever occurring).

SCHEDULE 1—continued

Sub-sections 203h (7), (8) and (9)—

Omit “the whole or a part of a work” (wherever occurring), substitute “a work or a part of a work,”.

Sub-sections 203h (8) and (9)—

Omit “the kind referred to in sub-section (3)” (wherever occurring), substitute “a kind referred to in sub-section (3) or (3a)”.

Section 203h—

Add at the end thereof the following sub-section:

“(10) In this section, ‘copy’, in relation to a work, or a part of a work, includes a microform copy, a Braille version, a large-print version, or a photographic version, of the work, or of the part of the work.”.

Crimes Act 1914

Section 3 (definition of “Queen’s dominions”)—

Omit “State.”, substitute “State;”.

After the definition of “Queen’s dominions” in section 3—

Insert the following definitions:

“‘State’ includes the Northern Territory;

‘Territory’ does not include the Northern Territory.”.

After section 29c—

Insert the following section:

Fraud
“29d. A person who defrauds the Commonwealth or a public authority under the Commonwealth is guilty of an indictable offence.
Penalty: $50,000 or imprisonment for 5 years, or both.”.

Paragraph 86 (1) (c)—

Add at the end thereof “or”.

Paragraph 86 (1) (d)—

Omit “Commonwealth; or”, substitute “Commonwealth.”.

Paragraph 86 (1) (e)—

Omit the paragraph.

After section 86—

Insert the following section:

Conspiracy to defraud
“86a. A person who conspires with another person to defraud the Commonwealth or a public authority under the Commonwealth is guilty of an indictable offence.
Penalty: $50,000 or imprisonment for 5 years, or both.”.

9. On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading to section 6 of the Tuberculosis Act 1948