Statute Law Revision Act 1981 (Cth)
Section
1. Short title
2. Commencement
3. Principal Act
4. Schedule
5. Principal Act
6. Australian Air Force
7. Permanent Air Force
8. Air Force Emergency Force
9. Repeal of section 4d and substitution of new section—
4d. Australian Air Force Reserve
10. Service of the Permanent Air Force
11. Service of the Air Force Emergency Force
12. Service of the Australian Air Force Reserve
13. Transitional and savings
14. Principal Act
15. Repeal of section 21 and substitution of new section —
21. Review of revocation of authority
Section
16. Principal Act
17. Requirement with respect to the exhibition of Australian short films
18. Principal Act
19. Constitution of Council
20. Principal Act
21. Exemption of certain persons
22. Principal Act
23. Insertion of new section—
15. Review of decisions
24. Principal Act
25. Arrest of witness for failing to appear
26. Principal Act
27. Interpretation
28. Term of appointment
29. Repeal of sections 24 and 25
30. Retired lists
31. Division of Australian Army
32. Permanent Military Forces
33. Repeal of section 32a and substitution of new section—
32a. Australian Army Reserve
34. Discharge upon expiration of period of engagement
35. Discharge of members of Australian Army Reserve
36. Discharge of members of Regular Army Emergency Reserve
37. Enlistment in Reserve Force
38. Service of the Permanent Military Forces
39. Calling out of the Regular Army Emergency Reserve for continuous full-time military service
40. Calling out of the Regular Army Reserve for continuous service
41. Direction by prescribed authority
42. Application of certain regulations to the Regular Army Emergency Reserve
43. Service of the Australian Army Reserve
44. Calling out of the Reserve Forces in time of war or defence emergency
45. Service of Reserve Forces after call out
46. Citizen Military Forces to be returned to districts
47. Protection of States from domestic violence
48. Absence for more than 7 days deemed to be desertion
49. Power to discharge or disrate members of Reserve Forces
50. Power to arrest and detain in military custody
51. Transitional and savings
52. Principal Act
53. Insertion of new section—
82b. Review of decisions
Section
54. Principal Act
55. Insertion of new section—
162c. Review of decisions
56. Principal Act
57. Interpretation
58. Principal Act
59. Persons entering Australia in certain circumstances to be prohibited immigrants
60. Insertion of new section—
66e. Review of decisions
61. Principal Act
62. Terms of appointment
63. Retired lists
64. Australian Navy
65. Naval Emergency Reserve Forces
66. Repeal of section 22 and substitution of new section—
22. Australian Naval Reserve
67. Discharge on expiration of period of engagement
68. Discharge prior to expiration of period of engagement
69. Repeal of section 31 and substitution of new section—
31. Service of the Permanent Naval Forces
70. Service of the Naval Emergency Reserve Forces
71. Service of the Australian Naval Reserve
72. Transitional and savings
73. Principal Act
74. Interpretation
75. Australian Pig Industry Research Committee
76. Transitional
77. Principal Act
78. Suspension of officers included in Second, Third or Fourth Division
79. Temporary employment
80. Application for reinstatement as person to whom Division applies
81. Principal Act
82. Title
83. Short title
84. Interpretation
85. Establishment of Commission
86. Functions of Commission
87. State and Territory Commonwealth Schools Commission Advisory Boards
88. Transitional
89. Principal Act
90. Insertion of new section—
15a. Review by Administrative Appeals Tribunal
Section
91. Principal Act
92. Licences to make and sell methylated spirits
93. Principal Act
94. Title
95. Short title
96. Interpretation
97. Commonwealth Tertiary Education Commission
98. Functions of Commission
99. Performance of functions of Commission
100. Transitional references
101. Transitional delegations
102. Transitional
103. Principal Act
104. Matters to be considered before acceptance
105. Principal Act
106. Constitution of Executive Board
107. Constitution of the Australian Council
108. Method of appointment of certain members
109. Deputy members of the Australian Council
110. Tenure of Office
111. Termination of Appointment
112. Constitution of State Councils
113. Deputy members of State Councils
114. Tenure of office of members of State Councils
115. Amendments of other Acts
116. Amendments of Acts consequential upon the amendments made by Parts III, X and XV
117. Amendments of Acts consequential upon the amendments made by Parts XVIII and XXI
118. Repeal of Acts
119. Repeal of certain incorporating Acts
120. Saving
121. Operation of Acts Interpretation Act
122. Effect of repeals
Section
Part I—Supply Acts
Part II—Appropriation Acts
Part III—Validating Acts
Part IV—Grants Acts
Part V—Loan Acts
Part VI—Bounty Acts
Part VII—Miscellaneous Acts
Part I—Tax Acts and Health Insurance Levy Acts
Part II—Senate Elections Acts
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“4d. (1) The Australian Air Force Reserve consists of the Air Force Active Reserve, the Air Force General Reserve and the Air Force Specialist Reserve.
“(2) The Active Citizen. Air Force in existence immediately before the commencement of this section continues in existence as a force forming part of the Australian Air Force Reserve, under the name Air Force Active Reserve, but so that the identity and membership of the force is not affected.
“(3) The Air Force Reserve in existence immediately before the commencement of this section continues in existence as a force forming part of the Australian Air Force Reserve, under the name Air Force General Reserve, but so that the identity and membership of the force is not affected.
“(4) The Air Force Active Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.
“(5) The Air Force General Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.
“(6) The Air Force Specialist Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) Members of the Permanent Air Force are bound to render continuous full time air-force service.”; and
(b) by inserting in sub-section (2) “full time air-force” after “continuous”.
(a) by omitting from sub-section (1) “serve continuously” and substituting “render continuous full time air-force service”;
(b) by inserting in sub-section (2) “full time air-force” after “continuous”; and
(c) by inserting in sub-section (3) “full time air-force” after “continuous” (first occurring).
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) Subject to this section, members of the Australian Air Force Reserve are not bound to render continuous full time air-force service.
“(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Air Force Active Reserve and the Air Force Specialist Reserve, or different training periods in respect of different parts, or different classes of members, of those Reserves.
“(2a) Members of the Air Force Active Reserve or the Air Force Specialist Reserve are bound to render, in each training period, air-force service, other than continuous full time air-force service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service.
“(2b) The regulations—
(a) may make provision for different periods of air-force service with respect to different parts, or different classes of members, of the Air Force Active Reserve or the Air Force Specialist Reserve; and
(b) may make provision for exempting—
(i) a particular member of the Air Force Active Reserve or the Air Force Specialist Reserve; or
(ii) members within a specified class of members of the Air Force Active Reserve or the Air Force Specialist Reserve,
from the obligation to render, during a training period, the whole or part of the air-force service that he or they would otherwise be bound to render during that period.”;
(b) by omitting from sub-section (3) “Citizen Air Force” and substituting “Australian Air Force Reserve”; and
(c) by omitting sub-section (4) and substituting the following sub-sections:
“(4) A member of the Australian Air Force Reserve may at any time voluntarily undertake to render air-force service, other than continuous full time air-force service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render air-force service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs.
“(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations, in respect of a part, or a class of members, of the Air Force Active Reserve or the Air Force Specialist Reserve, a member of that Reserve included in that part or class may, in addition to rendering air-force service that he is bound to render in pursuance of sub-section (2a) or (4), render voluntarily, in a training period, air-force service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed.
“(6) Where a kind or kinds of air-force service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Air Force Active
Reserve or the Air Force Specialist Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of that Reserve included in that part or class to render voluntarily air-force service of a kind other than a kind so fixed.
“(7) Nothing in this section affects the liability of a member of the Australian Air Force Reserve to be employed on continuous full time air-force service while he is a member of a part of that Reserve called out for such service under section 50a or 51 of the Defence Act.”.
(a) the amendments of section 4j of the Principal Act made by this Act do not apply to or in relation to members of that part or class of the Australian Air Force Reserve (including persons who become members of that part or class after that date) until the expiration of the relevant period; and
(b) section 4j of the Principal Act and the regulations in force for the purposes of that section immediately before that date continue to apply, notwithstanding those amendments, to and in relation to those members as if those amendments had not been made.
“21. An application may be made to the Administrative Appeals Tribunal for review of a revocation by the Commissioner of Taxation under section 20 of an authority granted to a banker under this Division.”.
16. TheAustralian Film Commission Act 19754 is in this Part referred to as the Principal Act.
“(8) An application may be made to the Administrative Appeals Tribunal for review of a requirement made under this section.”.
“15. (1) Applications may be made to the Administrative Appeals Tribunal for review of—
(a) decisions of the Comptroller-General of Customs under sub-section (3) of section 7 or section 10 other than a decision in respect of which an appeal has been made to the Minister for Business and Consumer Affairs under that sub-section or section, as the case may be; and
(b) decisions of the Secretary to the Department of Primary Industry under sub-section (3) of section 11 or section 13 other than a decision in respect of which an appeal has been made to the Minister for Primary Industry under that sub-section or section, as the case may be.
“(2) A person is not entitled—
(a) to appeal to the Minister for Business and Consumer Affairs under sub-section (3) of section 7 or section 10 against a decision of the Comptroller-General of Customs under that sub-section or section, as the case may be; or
(b) to appeal to the Minister for Primary Industry under sub-section (3) of section 11 or section 13 against a decision of the Secretary to the Department of Primary Industry under that sub-section or section, as the case may be,
if an application has been made under sub-section (1) for review of that decision.
“(3) In this section, ‘decision’
has the same meaning as in the
(a) decisions of the Comptroller-General of Customs under sub-section 7 (3) or section 10 of the
Commerce (Trade Descriptions )Act 1905; and(b) decisions of the Secretary to the Department of Primary Industry under sub-section 11 (3) or section 13 of the
Commerce (Trade Descriptions )Act 1905,
given before or after the commencement of this section.
(a) by omitting the definition of “Active Forces” in sub-section (1);
(b) by omitting the definition of “The Citizen Forces” in sub-section (1) and substituting the following definition:
“ ‘The Emergency Forces’ means the Naval Emergency Reserve Forces, the Regular Army Emergency Reserve and the Air Force Emergency Force.”; and
(c) by omitting the definition of “The Reserve Forces” in sub-section (1) and substituting the following definitions:
“ ‘The Permanent Forces’ means the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement and the Permanent Air Force.
“ ‘The Reserve Forces’ means the Australian Naval Reserve, the Australian Army Reserve and the Australian Air Force Reserve.”.
(a) by inserting in sub-section (4) “full time military” after “continuous”;
(b) by omitting from sub-section (5) “, in the Regular Army Reserve or in the Citizen Military Forces” and substituting “or in the Australian Army Reserve”; and
(c) by inserting in sub-section (5) “full time military” after “continuous”.
(a) by omitting sub-section (1) and substituting the following sub-section:
“(1) The Permanent Military Forces consist of 3 forces, namely, the Australian Regular Army, the Regular Army Supplement and the Regular Army Emergency Reserve.”;
(b) by omitting from paragraph (3) (c) “Citizen Military Forces” and substituting “Australian Army Reserve”;
(c) by omitting from sub-section (4) “Citizen Military Forces” and substituting “Australian Army Reserve”; and
(d) by omitting sub-section (5).
“32a. (1) The Australian Army Reserve consists of 2 forces, namely, the Active Australian Army Reserve and the Inactive Australian Army Reserve.
“(2) The Active Citizen Military Forces in existence immediately before the commencement of this section continue in existence as a force forming part of the Australian Army Reserve, under the name Active Australian Army Reserve, but so that the identity and membership of the force is not affected.
“(3) The Reserve Citizen Military Forces in existence immediately before the commencement of this section continue in existence as a force forming part of the Australian Army Reserve, under the name Inactive Australian Army Reserve, but so that the identity and membership of the force is not affected.
“(4) The Active Australian Army Reserve consists of officers appointed to, and of soldiers enlisted in, that force and of officers transferred to that force from any part of the Permanent Military Forces or from the Inactive Australian Army Reserve.
“(5) The Inactive Australian Army Reserve consists of officers appointed to, and of soldiers enlisted in, that force and of officers transferred to that force from any part of the Permanent Military Forces or from the Active Australian Army Reserve.”.
(a) by inserting in sub-section (3) “full time military” after “continuous”;
(b) by omitting from sub-section (4) “or a voluntarily enlisted soldier of the Regular Army Reserve”; and
(c) by inserting in sub-section (4) “full time military” after “continuous”.
(a) by omitting from sub-section (1) “Active Citizen Military Forces” and substituting “Australian Army Reserve”;
(b) by omitting from sub-section (2) “Active Citizen Military Forces” and substituting “Australian Army Reserve”; and
(c) by omitting from sub-section (2) “those Forces” and substituting “that Reserve”.
(a) by inserting in paragraph (1) (b) “full time military” after “continuous”;
(b) by omitting paragraph (1) (c) and substituting the following paragraph:
“(c) during any period for which he has volunteered to render continuous full time military service,”;
(c) by omitting from sub-section (1) “or of the Regular Army Reserve”; and
(d) by omitting sub-section (2) and substituting the following sub-section:
“(2) Whenever a soldier of the Regular Army Emergency Reserve claims his discharge as provided by sub-section (1), he shall be discharged with all convenient speed, but until he is discharged he remains a soldier of the Regular Army Emergency Reserve.”.
“(1) Members of the Australian Regular Army or of the Regular Army Supplement are bound to render continuous full time military service.
“(2) Members of the Regular Army Emergency Reserve are not bound to render continuous full time military service otherwise than—
(a) as provided by sub-section (4); or
(b) while they are members of a part of that Reserve called out for such service under section 46 or 51,
but are bound to render military service for such periods as are fixed by or in accordance with the regulations.”.
(a) by inserting in sub-section (1) “full time military” after “continuous”; and
(b) by inserting in sub-section (2) “full time military” after “continuous” (first occurring).
(a) by omitting “or 47”; and
(b) by omitting “or of the Regular Army Reserve, as the case requires”.
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) Members of the Australian Army Reserve are not bound to render continuous full time military service otherwise than—
(a) as provided in this section; or
(b) while they are members of a part of that Reserve called out for such service under section 50a or 51.
“(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Active Australian Army Reserve, or different training periods in respect of different parts, or different classes of members, of that Reserve.
“(2a) Members of the Active Australian Army Reserve are bound to render, in each training period, military service, other than continuous full time military service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service.
“(2b) The regulations—
(a) may make provision for different periods of military service with respect to different parts, or different classes of members, of the Active Australian Army Reserve; and
(b) may make provision for exempting—
(i) a particular member of the Active Australian Army Reserve; or
(ii) members within a specified class of members of the Active Australian Army Reserve,
from the obligation to render, during a training period, the whole or part of the military service that he or they would otherwise be bound to render during that period.”;
(b) by omitting from sub-section (3) “Citizen Military Forces” and substituting “Australian Army Reserve”; and
(c) by adding at the end thereof the following sub-sections:
“(4) A member of the Australian Army Reserve, may at any time voluntarily undertake to render military service, other than continuous full time military service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render military service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs.
“(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Active Australian Army Reserve, a member of that Reserve included in that part or class may, in addition to rendering military service that he is bound to render in pursuance of sub-section (2a) or (4), render voluntarily, in a training period, military service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed.
“(6) Where a kind or kinds of military service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Active Australian Army Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of that part, or included in that class, to render voluntarily military service of a kind other than a kind so fixed.”.
(a) by omitting “(other than Reserve Forces)”;
(b) by omitting “the Reserve Forces and the Citizen Forces” and substituting “the Emergency Forces and the Reserve Forces”; and
(c) by omitting “the Reserve Forces or the Citizen Forces” and substituting “the Emergency Forces or the Reserve Forces”.
(a) by omitting from paragraph (a) “a Reserve Force” and substituting “the Emergency Forces”; and
(b) by omitting from paragraph (b) “the Citizen Forces” and substituting “the Reserve Forces”.
Regular Army Reserve and, subject to sub-section (6), the provisions of the Principal Act as amended by this Act and the regulations in force under the Principal Act as so amended apply to and in relation to him accordingly.
(a) the amendments of section 50 of the Principal Act made by this Act do not apply to or in relation to members of that part or class of the Australian Army Reserve (including persons who become members of that part or class after that date) until the expiration of the relevant period; and
(b) section 50 of the Principal Act and the regulations in force for the purposes of that section immediately before that date continue to apply, notwithstanding those amendments, to and in relation to those members as if those amendments had not been made.
“82b. (1) An application may be made to the Administrative Appeals Tribunal for review of—
(a) a decision of the Collector under section 20, 22 or 23; and
(b) a cancellation of a licence by the Minister under section 24.
“(2) In sub-section (1), ‘decision’
has the same meaning as in the
(a) a decision of the Collector under section 20 of the
Distillation Act 1901 given before or after the commencement of this section;(b) a decision of the Collector under section 22 or 23 of the
Distillation Act 1901 given after the commencement of this section; and(c) a cancellation of a licence by the Minister under section 24 of the
Distillation Act 1901 effected before or after the commencement of this section.
“162c. (1) An application may be made to the Administrative Appeals Tribunal for review of—
(a) a decision of a Collector under section 5a;
(b) a decision of the Collector under section 40;
(c) a cancellation by the Minister under section 43;
(d) quota orders, and variations of quota orders made by the Minister under section 59a or 59b; and
(e) a demand made by a Collector under section 60.
“(2) Where a dispute referred to in section 154 has arisen and the owner of the goods has, in accordance with that section, deposited the amount of duty demanded by the Collector, an application may be made to the Administrative Appeals Tribunal for review of the demand made by the Collector for that amount.
“(3) An application may not be made under sub-section (2) unless the application is made within a period of 6 months after the making of the deposit referred to in that sub-section.
“(4) Where the owner of goods has made an application under sub-section (2)—
(a) consequences referred to in paragraph 154 (2) shall not ensue and the owner of the goods is not entitled to institute against the Collector an action referred to in that paragraph; and
(b) the proper duty payable in respect of the goods shall be deemed to be—
(i) the amount determined to be the proper duty by, or ascertained to be the proper duty in accordance with—
(a) the decision of the Tribunal;
(b) an order of a Court on appeal from that decision; or
(ii) the amount of the deposit,
whichever is the less, and where the amount of the deposit exceeds the amount referred to in sub-paragraph (i), the excess shall be refunded by the Collector to the owner with interest at the rate of 5% per annum.
“(5) In this section, ‘decision’
has the same meaning as in the
(a) a decision of a Collector under section 5a of the
Excise Act 1901;(b) a decision of the Collector under section 40 of the
Excise Act 1901;(c) a cancellation by the Minister under section 43 of the
Excise Act 1901;(d) quota orders, and variations of quota orders made by the Minister under sections 59a and 59b of the
Excise Act 1901;
(e) a demand by a Collector under section 60 of the
Excise Act 1901; and(f) a demand by the Collector under section 154 of the
Excise Act 1901, given, effected or made before or after the commencement of this section.
“(1c) In sub-section (1)—
(a) references to a visa shall be read as including references to a visa or similar notation, or a form of provisional authority to enter Australia,
that was issued on behalf of the Commonwealth before 1 November 1979; and
(b) references to a return endorsement shall be read as including references to a document or notation that was issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of a person to Australia.”.
“66e. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under section 12, 13 or 48 other than a decision made on a matter remitted by the Tribunal for reconsideration in accordance with sub-section (3).
“(2) A person is not entitled to make an application under sub-section (1) in relation to a decision under section 12 or 13 unless—
(a) the person is an Australian citizen; or
(b) the continued presence of the person in Australia is not subject to any limitation as to time imposed by law.
“(3) After reviewing a decision referred to in sub-section (1), the Tribunal shall either affirm the decision or remit the matter for reconsideration in accordance with any recommendations of the Tribunal.
“(4) For the purpose of reviewing a decision referred to in sub-section (1), the Tribunal shall be constituted by a presidential member alone.
“(5) Where an application has been
made to the Tribunal for the review of a decision under section 12 or 13
ordering the deportation of a person, the order for the deportation of the
person shall not be taken for the purposes of section 39 to have ceased or to
cease to be in force by reason only of any order that has been made by the
Tribunal or a presidential member under section 41 of the
“(6) In this section, ‘decision’
has the same meaning as in the
(a) by inserting in sub-section (4) “full time naval” after “continuous”;
(b) by omitting from sub-section (5) “Citizen Naval Forces” and substituting “Australian Naval Reserve”; and
(c) by inserting in sub-section (5) “full time naval” after “continuous”.
“22. The Australian Naval Reserve consists of officers appointed to, and of sailors enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Naval Forces or the Naval Emergency Reserve Forces.”.
(a) by inserting in sub-section (3) “full time naval” after “continuous”; and
(b) by inserting in sub-section (4) “full time naval” after “continuous”.
(a) by omitting from sub-section (1) “Citizen Naval Forces” and substituting “Australian Naval Reserve”;
(b) by inserting in paragraph (1) (c) “full time naval” after “continuous”; and
(c) by omitting from sub-section (2) “Citizen Naval Forces” and substituting “Australian Naval Reserve”.
“31. Members of the Permanent Naval Forces are bound to render continuous full time naval service.”.
(a) by omitting from sub-section (1) “serve continuously” and substituting “render continuous full time naval service”;
(b) by inserting in sub-section (2) “full time naval” after “continuous”; and
(c) by inserting in sub-section (3) “full time naval” after “continuous” (first occurring).
(a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
“(1) Subject to this, section, members of the Australian Naval Reserve are not bound to render continuous full time naval service.
“(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Australian Naval Reserve, or different training periods in respect of different parts, or different classes of members, of that Reserve.
“(2a) Members of the Australian Naval Reserve are bound to render, in each training period, naval service, other than continuous full time naval service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service.
“(2b) The regulations—
(a) may make provision for different periods of naval service with respect to different parts, or different classes of members, of the Australian Naval Reserve; and
(b) may make provision for exempting—
(i) a particular member of the Australian Naval Reserve; or
(ii) members within a specified class of members of the Australian Naval Reserve,
from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period.”;
(b) by omitting from sub-section (3) “Citizen Naval Forces” and substituting “Australian Naval Reserve”; and
(c) by omitting sub-section (4) and substituting the following sub-sections:
“(4) A member of the Australian Naval Reserve may at any time voluntarily undertake to render naval service, other than continuous full time naval service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render naval service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs.
“(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Australian Naval Reserve, a member of that Reserve included in that part or class may, in addition to rendering naval service that he is bound to render in pursuance of sub-section (2a) or (4), render voluntarily, in a training period, naval service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed.
“(6) Where a kind or kinds of naval service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Australian Naval Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of the Reserve included in that part or class to render voluntarily naval service of a kind other than a kind so fixed.
“(7) Nothing in this section affects the liability of a member of the Australian Naval Reserve to be employed on continuous full time naval service while he is a member of a part of that Reserve called out for such service under section 50aor 51 of the Defence Act.”.
(a) the amendments of section 32aof the Principal Act made by this Act do not apply to or in relation to members of that part or class of the Australian Naval Reserve (including persons who become members of that part or class after that date) until the expiration of the relevant period; and
(b) section 32aof the Principal Act and the regulations in force for the purposes of that section immediately before that date continue to apply, notwithstanding those amendments, to and in relation to those members as if those amendments had not been made.
“(6b)
The services of an employee to whom the
(a) the ground that the person has wilfully disobeyed, or wilfully disregarded, a direction given by a person having authority to give the direction, being a direction with which it is his duty as an employee to comply;
(b) the ground that he is inefficient or incompetent for reasons or causes within his own control;
(c) the ground that he is negligent or careless in the discharge of his duties as an employee;
(d) the ground that he has engaged in improper conduct as an employee;
(e) the ground that he has engaged in improper conduct otherwise than as an employee, being conduct that affects adversely the performance of his duties as an employee or brings the Service into disrepute;
(f) the ground that he has contravened or failed to comply with—
(i) a provision of this Act, of the regulations or of a determination in force under sub-section 9 (7a) or section 82d, being a provision that is applicable to him; or
(ii) the terms and conditions upon which he is employed;
(g) the ground that he has, whether before or after becoming an employee, wilfully supplied to an officer or another person acting on behalf of the Commonwealth incorrect or misleading information in connection with his being accepted as an employee in the Service; or
(h) the ground that—
(i) a court has, after 15 September 1980, convicted him of a criminal offence or found, without recording a conviction, that he has committed such an offence; and
(ii) the nature and seriousness of that offence, the circumstances in which that offence was committed and the nature of his duties, are such that it is in the interests of the Service that his services should be dispensed with.”.
(a) by omitting from sub-section (1) “States, with authorities in the Australian Capital Territory and the Northern Territory responsible for primary or secondary education in either or both of those Territories” and substituting “States and the Northern Territory, with authorities in the Australian Capital Territory responsible for primary or secondary education in that Territory”; and
(b) by omitting from paragraph (2) (c) “States for and in respect of schools and school systems and to schools in the Australian Capital Territory and the Northern Territory” and substituting “States and the Northern Territory for and in respect of schools and school systems and to schools in the Australian Capital Territory”.
(a) by omitting from sub-section (1) “Schools Commission Advisory Board, or the Schools Commission Advisory Boards” and substituting “Commonwealth Schools Commission Advisory Board, or the Commonwealth Schools Commission Advisory Boards”; and
(b) by omitting from sub-section (5) “Schools Commission Advisory Board” and substituting “Commonwealth Schools Commission Advisory Board”.
“15a.
(1) Where the Director-General has, on or after 9 September 1980 in pursuance
of section 14 or 15, made a decision affirming, varying or annulling a
determination, direction, decision or approval of an officer, being a
determination, direction, decision or approval that has been reviewed by a
Social Security Appeals Tribunal, then, subject to section 29 of the
“(2) Where—
(a) the Director-General has, on or after 9 September 1980, in pursuance of section 14 or 15, made a decision affirming, varying or annulling a determination, direction, decision or approval of an officer, being a determination, direction, decision or approval that has not been reviewed by a Social Security Appeals Tribunal; and
(b) the decision of the Director-General is one in respect of which the Director-General has, at the request of a person, certified in writing that an important principle of general application is involved with respect to entitlement to, or assessment of, a pension, allowance, entitlement or benefit under this Act or with respect to the operation of those provisions of the
Health Insurance Act 1973 that relate to disadvantaged persons,
an application may be made to the Administrative Appeals Tribunal for review of the decision of the Director-General.
“(3) A reference in sub-sections
(1) and (2) to a decision of an officer shall be read as including a reference
to a decision referred to in section 5f of
the
“(4) Where, immediately before the
date of commencement of this section, aperson
was entitled by virtue of sub-clause 24a(3) of the Schedule to the
“(5) The operation of sub-section
29 (2) of the
purposes of paragraph 29 (1) (d) of that Act is the period commencing on the day on which the decision was or is made and ending on the twenty-eighth day after—
(a) if the decision sets out the findings on material questions of fact and the reasons for the decision—the day (in this sub-section referred to as the ‘certificate day’) on which the certificate of the Director-General was or is furnished to the applicant; and
(b) if the decision does not set out those findings and reasons—
(i) if a statement in writing setting out those findings and reasons was or is furnished to the applicant otherwise than in pursuance of a request under sub-section 28 (1) of the
Administrative Appeals Tribunal Act 1975 not later than the twenty-eighth day after the certificate day—the day on which the statement was or is furnished to the applicant or the certificate day, whichever is the later;
(ii) if the applicant, in accordance with sub-section 28 (1) of the
Administrative Appeals Tribunal Act 1975 requests the person who made the decision to furnish a statement as mentioned in that sub-section—the day on which the statement was or is furnished, or the applicant was or is notified that the statement would not or will not be furnished, as the case may be, or the certificate day, whichever is the later; or(iii) in any other case—the certificate day.”.
“(2) An application may be made to the Administrative Appeals Tribunal for review of a decision of a Collector of Customs under sub-section (1).
“(3) In sub-section (2), ‘decision’
has the same meaning as in the
(a) by omitting sub-paragraph (1) (a) (i) and substituting the following sub-paragraph:
“(i) matters in connexion with the grant by the Commonwealth of financial assistance to a State or the Northern Territory for and in respect of universities, colleges of advanced education and technical and further education institutions in the State or the Northern Territory, as the case may be;”; and
(b) by inserting in sub-paragraph (1) (a) (ii) “, other than the Northern Territory,” after “Territories”.
(a) by omitting from sub-paragraph (1) (d) “5” and substituting “6”; and
(b) by omitting paragraph (1) (e).
(a) by omitting from paragraph (1) (c) “3” and substituting “4”; and
(b) by omitting paragraph (1) (d).
–––––––––––
AMENDMENTS OF OTHER ACTS
Act | Amendments |
Paragraph 5 (1) (c)—
Sub-section 38 (4)—
Sub-section 50 (2)—
Sub-section 59 (4)—
Sub-section 61 (1)—
| |
After section 15a insert the following section: “15aa. (1) In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object. “(2) Nothing in sub-section (1) shall be construed as authorizing, in the interpretation of a provision of an Act, the consideration of any matter or document not forming part of the Act for any purpose for which that matter or document could not be considered apart from that sub-section.”. | |
Schedule—
| |
| |
Sub-section 7 (2)—
| |
Paragraph 41 (2) (d)— Omit “the last preceding paragraph”, substitute “paragraph (c)”. | |
| Section 3—
Paragraph 11 (a)—
|
Section 41—
| |
Paragraph 26 (3) (c)—
| |
| Sub-section 8 (4)—
Section 26a—
Section 36a—
Section 37—
|
Act | Amendments |
| Sub-section 30 (3)—
|
| Sub-section 17 (2)—
|
Sub-section 27 (1)—
| |
Sub-section 3 (1)—
| |
Sub-section 44 (11)—
| |
Section 4—
Section 7—
| |
| Paragraph 12 (1) (e)—
|
Sub-section 23a (11)—
| |
Sub-section 186 (2)—
| |
Paragraph 55 (3) (b)—
Paragraph 206 (3) (e)—
| |
Section 132e—
Section 151a—
Paragraph 196 (1)—
| |
Paragraph 124 (1) (r)—
| |
Sub-section 14 (1)—
| |
| Paragraph 9 (b)— Omit “prescribing”, substitute “prescribe”. |
Act | Amendments |
Section 59d—
Sub-section 77m (2)—
| |
Section 13—
Sub-section 14 (2)—
Sub-section 45 (1)
Sub-section 49 (1)—
| |
Paragraph 39 (1) (a)—
| |
Sub-section 4 (1)—
Section 7—
Section 8—
Section 8a—
| |
Sub-section 17 (2)—
| |
Section 18—
| |
Paragraph 8 (1) (b)—
Sub-section 67 (1)—
| |
Sub-section 13 (1)—
| |
Section 4—
|
Act | Amendments |
Section 358—
| |
Sub-section 28 (5)—
| |
Sub-section 33aa (11)—
Paragraph 64 (2) (a)—
| |
Section 2—
Section 4—
Section 5—
Section 6— Repeal the section, substitute the following section: “6. (1) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be paid such remuneration as is determined by the Remuneration Tribunal. “(2) The First Parliamentary Counsel and the Second Parliamentary Counsel shall be paid such allowances as are prescribed. “(3) This section
has effect subject to the Section 10—
Sections 11 and 12—
Section 14—
Section 15—
“15. (1) The Governor-General may appoint a person who is eligible for appointment as the First Parliamentary Counsel to act in the office of First Parliamentary Counsel—
|
Act | Amendments |
“(2) The Governor-General may appoint a person who is eligible for appointment as a Second Parliamentary Counsel to act in an office of Second Parliamentary Counsel—
“(3) An appointment of a person under sub-section (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. “(4) The Governor-General may—
“(5) Where a person is acting in the office of First Parliamentary Counsel in accordance with paragraph (1) (b) or in an office of Second Parliamentary Counsel in accordance with paragraph (2) (b) and the office becomes vacant while that person is so acting, that person may continue so to act until the Governor-General otherwise directs or the vacancy is filled, whichever first happens. “(6) Sections 7, 8 and 14 apply in relation to a person appointed under this section to act in the office of First Parliamentary Counsel or in an office of Second Parliamentary Counsel in like manner as they apply in relation to the First Parliamentary Counsel or a Second Parliamentary Counsel, as the case may be. “(7) While a person is acting in the office of First Parliamentary Counsel, he has and may exercise all the powers, and shall perform all the functions, of the First Parliamentary Counsel under this Act or any other law. “(8) The validity of anything done (whether before or after the commencement of this section) by a person who purported to act in the office of First Parliamentary Counsel shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.”. Section 16—
| |
Paragraph 5 (2) (b)— Omit “purchased”, substitute “produced”. | |
Section 4—
|
Act | Amendments |
Sub-section 46a (11)—
| |
Sub-section 32a (11)—
Paragraph 63 (1) (a)—
| |
Division 2 of Part II—
| |
Section 34—
Sub-section 35 (2)—
| |
Sub-section 17 (3)—
| |
Section 18—
Paragraph 37 (c)—
Paragraph 66 (c)—
Sub-section 83ad (2)—
Sub-section 106 (1)—
Section 133b—
Paragraph 133f (2) (b)—
Section 133q—
| |
Section 9—
| |
Sub-section 43a (11)—
| |
Sub-section 35 (7)—
Sub-section 170 (2)—
|
Act | Amendments |
Section 3—
| |
Section 6—
| |
Section 23—
|
Section 116
AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS III, X AND XV
Act | Amendments |
| Section 3—
|
Section 5—
Section 9—
| |
Section 6—
Section 8—
Section 9—
| |
Section 23—
| |
The Schedule—
|
Act | Amendments |
| |
| Section 12—
|
Section 7—
| |
Section 83—
| |
Section 6—
|
Section 117
Act | Amendments |
Sub-section 3 (1)—
| |
Section 3—
Paragraph 11 (1) (d)—
Section 47—
| |
Section 78—
| |
Section 3—
Sub-section 4 (1)—
Section 10—
| |
Sub-section 4 (1)—
| |
Schedule—
| |
Sub-section 12a (1)—
| |
Sub-section 120a (4)—
|
Act | Amendments |
Section 7—
| |
Sub-section 3 (1)—
Section 6—
Paragraph 12 (1) (c)—
Sub-paragraph 14 (1) (b) (iv)—
Sub-paragraph 16 (1) (b) (iv)—
Section 19—
Section 28—
Sub-paragraph 40 (1) (b) (iv)—
Section 46—
Sub-paragraph 50 (1) (b) (iv)—
Section 52—
| |
Sub-section 3 (1)—
Sub-section 65 (1)—
|
Act | Amendments |
Sub-section 3 (1)—
Sub-section 51 (1)—
| |
Sub-section 3 (1)—
Sub-section 48 (1)—
| |
Sub-section 3 (1)—
Sub-section 55 (1)—
| |
Sub-section 3 (1)—
Sub-section 54 (1)—
| |
Sub-section 3 (1)—
Sub-section 60 (1)—
| |
| Sub-section 3 (1)—
|
Act | Amendments |
Section 31—
| |
| Sub-section 3 (1)—
Section 34—
|
Sub-section 4 (1)—
| |
Sub-section 14 (1)—
Sub-section 17 (5)—
|
Section 119
1. No. 91, 1975, as amended. For previous amendments, see Nos. 60, 89, 91, 157, 162, 163 and 209, 1976; Nos. 30, 57, 58 and 111, 1977; Nos. 65 and 109, 1978; Nos. 19 and 143, 1979; No. 110, 1980; and No. 19, 1981.
2. No. 33, 1923, as amended. For previous amendments, see No. 74, 1939; No. 12, 1941; No. 80, 1950; No. 15, 1952; No. 75, 1956; No. 94, 1964; No. 50, 1965; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975: No. 138, 1976; and No. 134, 1979.
3. No. 42, 1969, as amended. For previous amendments, see No. 216, 1973.
4. No. 6, 1975, as amended. For previous amendments, see No. 107, 1976; No. 36, 1978; and No. 71, 1980.
5. No. 22, 1946, as amended. For previous amendments, see No. 21, 1947; No. 56, 1947; No. 3, 1960; No. 9, 1963; No. 108, 1965; No. 93, 1966; No. 65, 1967; No. 1, 1971; No. 96, 1973; No. 216, 1973; No. 94, 1975; No. 37, 1976; No. 36, 1978; and No. 190, 1979.
6. No. 34, 1974, as amended. For previous amendments, see No.155, 1979; and No. 70, 1980.
7. No. 16, 1905, as amended. For previous amendments, see No. 37, 1926; No. 15, 1930; No. 13, 1933; No. 80, 1950; No. 93, 1966; and No. 216, 1973.
8. No. 16, 1955, as amended. For previous amendments, see No. 93, 1966; No. 216, 1973; No. 96, 1975; No. 37, 1976; No. 36, 1978; No. 19, 1979: and No. 155, 1979.
9. No. 20, 1903, as amended. For previous amendments, see No. 12, 1904; No. 15, 1909; Nos. 30 and 37, 1910; No. 15, 1911; No. 5, 1912; No. 36, 1914; No. 3, 1915; No. 36, 1917; Nos. 16 and 47, 1918; No. 1, 1927; No. 50, 1932; No. 45, 1934; Nos. 13, 38, 70 and 74, 1939; No. 4, 1941; No. 11, 1945; No. 78, 1947; No. 35, 1948; No. 71, 1949; No. 80, 1950; Nos. 19 and 59, 1951; No. 98, 1952; No. 20, 1953; No. 72, 1956; No. 92, 1964; No. 51, 1965; No. 93, 1966; No. 33, 1970; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; Nos. 4 and 20, 1977; Nos. 19, 132 and 155, 1979; and No. 70, 1980.
10. No. 8, 1901, as amended. For previous amendments, see No. 21, 1906; No. 34, 1918; No. 9, 1923; No. 13, 1925; No. 3, 1931; No. 8, 1934; No. 86, 1947; No. 80, 1950; No. 54, 1952; No. 55, 1954; No. 74, 1956; No. 93, 1966; Nos. 16 and 106, 1968; No. 24, 1972; No. 216, 1973; No. 36, 1978; and No. 56, 1980.
11. No. 9, 1901, as amended. For previous amendments, see No. 26, 1918; No. 8, 1923; No. 44, 1934; No. 16, 1942; No. 88, 1947; No. 46, 1949; No. 55, 1952; No. 10, 1957; No. 49, 1958; No. 37, 1962; No. 49, 1963; No. 138, 1965; No. 93, 1966; Nos. 15 and 105, 1968; No. 23, 1972; Nos. 24 and 145, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 29, 1974; No. 91, 1976; No. 110, 1978; Nos. 11 and 50, 1979; and Nos. 42 and 70, 1980.
12. No. 190, 1976, as amended. For previous amendments, see No. 19, 1979; and No. 88, 1980.
13. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; and Nos. 89 and 175, 1980.
14. No. 30, 1910, as amended. For previous amendments, see No. 16, 1911; No. 21, 1912; No. 45, 1918; No. 45, 1934; No. 35, 1948; No. 72, 1949; No. 14, 1952; No. 93, 1964; No. 53, 1965; No. 93, 1966; No. 24, 1968; No. 14, 1971; No. 216, 1973 (as amended by No. 20, 1974); No. 96, 1975; and No. 133, 1979.
15. No. 30, 1971. For previous amendments, see No. 216, 1973; and No. 47, 1975.
16. No. 21, 1922, as amended. For previous amendments, see No. 46, 1924; No. 41, 1928; No. 19, 1930; No. 21, 1931; No. 72, 1932; No. 38, 1933; Nos. 45 and 46, 1934; No. 72, 1936; No. 41, 1937; No. 72, 1939; No. 88, 1940; No. 5, 1941; No. 19, 1943; Nos. 11, 29 and 43, 1945; No. 16, 1946; Nos. 1, 38, 52 and 84, 1947; Nos. 35 and 75, 1948; Nos. 51 and 80, 1950; Nos. 46 and 48, 1951; No. 22, 1953; No. 63, 1954; No. 18, 1955; Nos. 13 and 39, 1957; No. 11, 1958; Nos. 17 and 105, 1960; Nos. 2 and 75, 1964; Nos. 47 and 85, 1966; Nos. 2 and 115, 1967; Nos. 59, 114 and 120, 1968; No. 6, 1972; Nos. 21, 71, 73 and 209, 1973; No. 59, 1974; No. 40, 1975; Nos. 193 and 194, 1976; Nos. 6 and 80, 1977; No. 170, 1978; Nos. 52 and 155, 1979; and No. 177, 1980.
17. No. 213, 1973.
18. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1960; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48 and 103, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 37, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979; and No. 130, 1980.
19. No. 21, 1906, as amended. For previous amendments, see No. 14, 1915; No. 35, 1918; No. 6, 1923; No. 12, 1932; No. 24, 1935; No. 87, 1947; No. 10, 1952; No. 93, 1966; No. 110, 1968; No. 6, 1969; No. 25, 1972; and No. 216, 1973.
20. No. 25, 1977.
21. No. 20, 1955. For previous amendments, see No. 42, 1958; No. 93, 1966; No. 216, 1973; No. 91, 1976; No. 163, 1976; No. 130, 1978; No. 19, 1979; and No. 43, 1981.
22. No. 50, 1975. For previous amendments, see No. 91, 1975; No. 36, 1978; No. 92, 1978; and No. 209, 1978.
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0
0