Transport and Communications Legislation Amendment Act (No. 2) 1989 (Cth)
PART 1−PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENTS OF THE AIR NAVIGATION ACT 1920
3. Principal Act
4. Interpretation
5. Regulations
PART 3—AMENDMENTS OF THE AUSSAT ACT 1984
6. Principal Act
7. Directors of AUSSAT
8. Lands Acquisition Act
PART 4—AMENDMENT OF THE AUSTRALIAN AIRLINES (CONVERSION TO PUBLIC COMPANY) ACT 1988
9. Principal Act
10. Schedule 2
PART 5—AMENDMENTS OF THE AUSTRALIAN POSTAL CORPORATION ACT 1989
11. Principal Act
12. Resolutions without meetings
13. Lands Acquisition Act
Section
PART 6—AMENDMENTS OF THE AUSTRALIAN TELECOMMUNICATIONS
CORPORATION ACT 1989
14. Principal Act
15. Resolutions without meetings
16. Lands Acquisition Act
PART 7—AMENDMENTS OF THE BROADCASTING ACT 1942
17. Principal Act
18. Licence warrants
19. Additional functions of Minister
PART 8—AMENDMENT OF THE BROADCASTING LEGISLATION AMENDMENT
ACT 1988
20. Principal Act
21. Schedule 3
PART 9—AMENDMENTS OF THE INTERSTATE ROAD TRANSPORT ACT 1985
22. Principal Act
23. Interpretation
24. Insertion of new section:
4a. Indexation of certain fee limits
25. Insertion of new section:
47A. Conduct of directors, servants and agents
26. Regulations
PART 10—AMENDMENTS OF THE MOTOR VEHICLE STANDARDS ACT 1989
27. Principal Act
28. Interpretation
29. Repeal of section 9 and substitution of new section:
9. Procedures for testing vehicles
30. Repeal of section 10 and substitution of new section:
10. Compliance plates
32. Withdrawal of compliance plate authority
33. Insertion of new section:
17a. Authority to take delivery of imported vehicles
33. Importation of vehicles requiring modification
34. Delegation by Minister
35. Appointment of inspectors
36. Powers of inspectors
37. Application of Trade Practices Act
PART 11—AMENDMENTS OF THE NAVIGATION ACT 1912
38. Principal Act
39. Insertion of new section:
8aa. Declaration that Act applies in relation to trading ships engaging in intra-state trade
40. Persons unsuitable for engagement
41. Regulations relating to accommodation
42. Repeal of section 138 and substitution of new section:
138. Crew accommodation
43. Interpretation
44. Collisions, lights and signals
45. Repeal of Part IX
46. Marine Council
47. Regulations
Section
PART 12—AMENDMENT OF THE NAVIGATION AMENDMENT ACT 1980
48. Principal Act
49. Repeal of section 7
PART 13—AMENDMENTS OF THE OTC ACT 1946
50. Principal Act
51. Lands Acquisition Act
PART 14—AMENDMENTS OF THE PROTECTION OF THE SEA (PREVENTION OF
POLLUTION FROM SHIPS) ACT 1983
52. Principal Act
53. Prohibition of disposal of garbage into the sea
PART 15—AMENDMENTS OF THE SHIPS (CAPITAL GRANTS) ACT 1987
54. Principal Act
55. Specification of grant
56. Grants not payable
57. Grants payable in respect of purchases etc. outside Australia
58. Amount of grant
59. Application for category certificates
60. Repeal of section 18 and substitution of new section:
18. Determination of prices and costs
61. Valuation of ships etc.
62. Evidence of crewing
63. Repayment of grants
64. Application for review
65. Application of amendments relating to determination of price of ships etc.
PART 16—AMENDMENTS OF THE TELECOMMUNICATIONS ACT 1989
66. Principal Act
67. Supply of reserved services within Australia otherwise than by satellite-based facilities
68. Supply of reserved services within Australia by satellite-based facilities
69. Sale or supply of customer equipment for which there is no permit
70. Associate members
71. Resignation
PART 17—AMENDMENTS OF THE TELECOMMUNICATIONS AND POSTAL SERVICES (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1989
72. Principal Act
73. Repeal of section 75 and substitution of new section:
75. Repeal
74. Existing Managing Director
75. Repeal of section 90 and substitution of new section:
90. Repeal
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) the amendments of sections 138, 138b and 424;
(b) the repeal of Part IX.
“
‘aviation security’ means a combination of measures and human and material resources intended to safeguard aviation against unlawful interference;”.
“(a) aviation security;”.
“(1a) The
Lands Acquisition Act 1989 does not apply in relation to the disposal of, or other dealing in, land, or an interest in land, by AUSSAT.”;
“(1a) The
Lands Acquisition Act 1989 does not apply in relation to the disposal of, or other dealing in, land, or an interest in land, by Australia Post.”;
“(1a) The
Lands Acquisition Act 1989 does not apply in relation to the disposal of, or other dealing in, land, or an interest in land, by Telecom.”;
“(4) The Minister may make charges for the investigation of interferences with the reception of radio and television programs.”.
“(11) Despite subsection (10) but subject to section 4a, a prescribed fee must not exceed $100.”.
“4a.(1) In this section:
‘index number’ , in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
(a) the amount specified in subsection 3 (11); or
(b) the amount specified in subsection 56 (4);
‘relevant year’ means the period of 12 months commencing on 1 July 1990, and each subsequent period of 12 months.
“(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number is to be disregarded for the purposes of this section.
“(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard is to be had only to the index numbers published in terms of the new reference base.
“(4) Where the factor ascertained under subsection (5) in relation to a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
(a) in a case to which paragraph (b) does not apply—the relevant amount; or
(b) if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for that relevant amount—the substituted amount or the last substituted amount, as the case requires.
“(5) The factor to be ascertained for the purposes of subsection (4) in relation to a relevant year is the number (calculated to 3 decimal places) ascertained by dividing the index number for the March quarter immediately preceding that relevant year by the index number for the March quarter immediately preceding that first-mentioned March quarter.
“(6) Where the factor ascertained in accordance with subsection (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that subsection in relation to that relevant year is to taken to be the factor calculated to 3 decimal places in accordance with that subsection and increased by 0.001.”.
“47a. (1) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and
(b) that the director, servant or agent had the state of mind.
“(2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, in proceedings for an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.
“(3) Where, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show:
(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
(b) that the servant or agent had the state of mind.
“(4) Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her actual or apparent authority is to be taken, in proceedings for an offence against this Act, to have been engaged in also by the first-mentioned person unless the person establishes that the person took reasonable precautions and exercised due diligence to avoid the conduct.
“(5) Where:
(a) a person other than a body corporate is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;
the person is not liable to be punished by imprisonment for the offence.
“(6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
“(7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or of a State or Territory.
“(8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
“(9) In this section:
‘offence against this Act’ includes any offence against section 6 or 7a, or subsection 86 (1), of theCrimes Act 1914 that relates to an offence against this Act;
‘this Act’ includes the regulations.”.
(a) by inserting after paragraph (2) (d) the following paragraph:“(da) enabling a person who is alleged to have committed an offence referred to in paragraph (d) to pay to the
Commonwealth, as an alternative to prosecution, a penalty not exceeding:
(i) in the case of a natural person—$200; or
(ii) in the case of a body corporate—$3,000;”;
(b) by omitting from subsection (4) “A fee” and substituting “Subject to section 4a, a fee”.
(a) by inserting “, particles” after “gas” in paragraph (b) of the definition of “vehicle standard”;
(b) by omitting the definition of “road motor vehicle” and substituting the following definition:
“
(a) a motor vehicle designed solely or principally for the transport on public roads of people, animals or goods; or
(b) a motor vehicle that is permitted to be used on public roads;
but does not include vehicles declared by the Minister in writing not to be road motor vehicles for the purposes of this Act;”;
(c) by inserting the following definition:“
‘manufacture’ , in relation to a road vehicle, includes modify the vehicle and assemble the vehicle;”;
(d) by adding at the end the following subsection:“(2)Declarations by the Minister under the definition of ‘road motor vehicle’ in subsection (1) are disallowable instruments for the purposes of section 46aof the
Acts Interpretation Act 1901. ”.
“
(a) the testing and inspection of road vehicles or vehicle components; or
(b) the inspection of steps in the manufacture of road vehicles or vehicle components; or
(c) the operation of facilities used in the carrying out of any such testing and inspection and the assessment of those facilities by inspectors appointed under section 25; or
(d) the keeping of records relating to the manufacture or testing of road vehicles or vehicle components and the examination of those records by inspectors appointed under section 25.
“(2) Determinations under subsection (1) are
disallowable instruments for the purposes of section 46a of the
“10. The regulations are to provide for arrangements under which plates are to be placed on road vehicles to indicate that the vehicles comply with this Act.”.
“or (iv) that the person has failed to observe procedures determined under section 9;”.
“17a. (1)
An authority to deal with an imported road vehicle under section 39 of the
“(2) An approval under this section must be granted if the importer produces to the Minister or to such an officer:
(a) if the vehicle has a compliance plate—details of the plate; or
(b) in any other case—a copy of the approval under section 19 or 20 in respect of the vehicle.”.
(a) by omitting subsections (1) and (2) and substituting the following subsection:“(1) A person may import a nonstandard road vehicle, a road vehicle that does not have a compliance plate or a nonstandard
prescribed vehicle component with the written approval of the Minister, which may be approval subject to written conditions determined by the Minister.”;
(b) by omitting from subsection (3) “paragraph (1) (b) or (2) (b)” and substituting “subsection (1)”.
“(6) In this section:
“8aa. (1) The owner of a trading ship may apply to the Minister for a declaration under subsection (2) in relation to the ship.
“(2) The Minister may, in writing, declare that this Act applies in relation to the ship even when the ship is proceeding on a voyage other than an overseas voyage or an inter-state voyage.
“(3) The declaration has effect despite section 2.
“(4) The Minister must revoke the declaration on the application of the owner of the ship.
“(5) If a declaration under subsection (2) is in force in relation to a trading ship, then, for the purposes of this Act, the ship is to be taken not to be a ship referred to in subsection 2 (1).”.
“138. (1) The Marine Council may:
(a) consider plans for accommodation, or alterations in accommodation, in ships; and
(b) make recommendations to the Minister in relation to the requirements to be prescribed in relation to accommodation in ships.
“(2) Where:
(a) a question arises as to the accommodation that ought to be provided in a ship by the owner of the ship, either generally or for particular persons in, or in particular parts of, the ship; and
(b) the owner, or an association of seamen that is an organisation within the meaning of the
Industr ial Relations Act 1988 , requests the Marine Council to hear and determine the question;
the Marine Council is to inquire into the question and make such order as it considers proper in the circumstances.
“(3) An order under subsection (2):
(a) must be in writing; and
(b) is not a statutory rule within the meaning of the
Statutory Rules Publication Act 1903 ; and(c) has effect from the date of effect specified in the order; and
(d) has effect despite anything to the contrary in the regulations in force at the date of effect of the order.”.
commencement as if it were an order or recommendation made by the Marine Council under section 138 of the amended Act.
(a) had not completed the inquiry; or
(b) had completed the inquiry, but had not made an order in relation to the inquiry;
the Marine Council:
(c) if paragraph (a) applies—is to complete the inquiry, and make an order in relation to the inquiry, under subsection 138 (2) of the amended Act; and
(d) if paragraph (b) applies—is to make an order in relation to the inquiry under subsection 138 (2) of the amended Act.
(4) In this section:
“previous Act” means the Principal Act as in force immediately before the commencement of subsection (1).
“(2) Without limiting subsection (1), the regulations may make provision for and in relation to giving effect to the Prevention of Collisions Convention.
“(2a) The regulations, so far as they give effect to the Prevention of Collisions Convention, apply, despite section 2, in relation to ships in the areas constituted by:
(a) the high seas; and
(b) the territorial sea of Australia; and
(c) the sea on the landward side of the territorial sea of Australia; and
(d) waters other than waters of the sea;
as provided by subsections (2b) to (2e) (inclusive).
“(2b) The regulations mentioned in subsection (2a) apply in relation to a ship (other than a ship of a kind referred to in subsection 2 (1)) while the ship is in any of the areas mentioned in subsection (2a).
“(2c) Subsection (2b) is not intended to exclude the operation of a State or Territory law, being a law that gives effect to the Prevention of
Collisions Convention, in relation to a ship while it is in the area mentioned in paragraph (2a) (b), (c) or (d).
“(2d) The regulations mentioned in subsection (2a) apply in relation to a ship of a kind referred to in subsection 2 (1) while the ship is in the area mentioned in paragraph (2a) (a).
“(2e) Subsection (2d) is not intended to exclude the operation of a State or Territory law, being a law that gives effect to the Prevention of Collisions Convention, in relation to a ship while it is in the area mentioned in paragraph (2a) (a).
“(2f) Where proceedings are instituted against a person for an offence, in relation to a particular matter, against:
(a) a provision of the regulations mentioned in subsection (2a); or
(b) a provision of a law of a State or Territory that gives effect to the Prevention of Collisions Convention;
proceedings must not also be instituted against the person for an offence, in relation to the same matter, against:
(c) if paragraph (a) applies—a provision of a kind referred to in paragraph (b); or
(d) if paragraph (b) applies—a provision of a kind referred to in paragraph (a).”.
(a) by omitting from paragraphs (2) (b), (c), (d) and (e) “representative of’ and substituting “representing”;
(b) by omitting from paragraph (2) (d) “and”;
(c) by adding at the end of subsection (2) the following word and paragraph:“; and (f) for the purposes of inquiring into, and reporting to the Minister on, a matter referred to the Council under subsection (5)—any members appointed under subsection (3a) for the purpose of assisting the Council to inquire into, and report on, the matter.”;
(d) by inserting in subsection (3) “(other than the members referred to in paragraph (2) (f))” after “Council”;
(e) by inserting after subsection (3) the following subsections:“(3a) The Minister may, for the purpose of assisting the Marine Council to inquire into, and report to the Minister on, a matter referred to the Council under subsection (5), appoint a person with special knowledge of the matter to be a member of the Council for the purposes of inquiring into, and reporting to the Minister on, the matter.
“(3b) The following provisions apply in relation to a person appointed as a member under subsection (3a) for the purpose of assisting the Marine Council to inquire into, and report on, a matter:
(a) subject to paragraph (b), the person’s appointment ends when the Council completes its inquiry and report in relation to the matter;
(b) until the Council completes its inquiry and report in relation to the matter, the person holds office during the pleasure of the Minister.”;
(f) by omitting subsections (7) and (8);
(g) by omitting from subsections (8a) and (8b) “, the deputies of the Chairman and other members of the Marine Council, and the members of a committee of advice,” and substituting “, and the deputies of the Chairman and other members of the Marine Council,”;
(h) by omitting paragraph (9) (a);
(j) by omitting from paragraphs (9) (b) and (d) “or of such a committee”;
(k) by omitting from paragraph (9) (c) “or such a committee”.
(a) by inserting after paragraph (1) (da) the following paragraph:
“(db) the safe navigation and operation of ships;”;
(b) by inserting after paragraph (1) (e) the following paragraph:“(ea) the investigation of, and reporting on, casualties affecting ships, or entailing loss of life on or from ships;”.
“(1a) The
Lands Acquisition Act 1989 does not apply in relation to the disposal of, or other dealing in, land, or an interest in land, by OTC.”;
“; (c) the disposal takes place when the ship is not alongside, or within 500 metres of, a fixed or floating platform engaged in the exploration, exploitation and associated offshore processing of seabed mineral resources.”;
“; (e) the disposal occurs when the ship is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (6) (c).”;
“(a) the following conditions are satisfied:
(i) the disposal occurs when the ship is as far as practicable from, and is at a distance of not less than 12 nautical miles from, the nearest land;
(ii) the disposal occurs when the ship is not alongside, or within 500 metres of, a platform of a kind referred to in paragraph (6) (c); or”.
“(6) Subject to this section and section 9, where:
(a) a shipowner modifies a trading ship that was registered in Australia at all times during the period starting on 1 June 1989 and ending on completion of the modification; and
(b) the modification consists of or includes structural or equipment changes to the ship solely or principally for the purpose of enabling the ship to be operated with a reduced number of crew;
a grant is payable to the shipowner in respect of the ship.
“(7) A grant is not payable under subsection (6) to a shipowner in respect of a ship unless:
(a) the shipowner has remained the ship’s owner at all times since the modification; and
(b) the ship is in commission; and
(c) the ship has been an Australian trading ship at all times while it has been in commission after the modification; and
(d) at least one crew has been engaged for the ship after the modification and the number of that crew or those crews is, in the Secretary’s opinion, consistent with the strategy of the program known as the Shipping Industry Reform Program; and
(e) the shipowner intends:
(i) to remain the owner of the ship for at least 3 years after the payment of the grant; and
(ii) to operate the ship with a crew of a number consistent with the program referred to in paragraph (d).”.
“(7) A grant is not payable under subsection 8 (6) to a ship owner in relation to the modification of a ship if the modification is completed after 30 June 1992.”.
“(4) A grant may be payable under subsection 8 (6) in relation to the modification of a ship even if the modification was carried out outside Australia.”.
“(3) The grant payable under subsection 8 (6) in respect of a ship is an amount equal to 7% of the cost of the structural or equipment changes concerned that are of a kind referred to in paragraph (b) of that subsection.”.
“and (b) include:
(i) such information relating to how the ship is likely to be used while it is owned by the applicant; and
(ii) such other information;
as is required by the form; and”;
“(2a) An application in relation to a ship may specify a category or categories in which, in the applicant’s opinion, the ship will fall while it is owned by the applicant.”;
“(a) if the Secretary is satisfied that the application complies with subsection (2)—give a category certificate for the ship specifying the category or categories into which, in the Secretary’s opinion (having regard to the information included in the form), the ship could fall while it is owned by the applicant; or”.
“18. (1) In this section:
“(2) The Secretary may, by signed writing, determine the amount that is, for the purposes of this Act, to be taken as the price paid for a ship by a shipowner who has made a claim for a grant under subsection 8 (1) or (2) in relation to the ship if the Secretary thinks that the amount the shipowner claims was the price paid, or that was in fact the price paid, for the ship:
(a) is incorrect; or
(b) has been fixed in order to obtain an increase in the grant; or
(c) is unduly higher than prices paid by other persons for comparable ships; or
(d) has been increased because of the influence of a commercial, financial or other relationship between the shipowner and the person who sold the ship (other than a relationship created by the sale itself); or
(e) is an unreasonable price because of a prescribed reason; or
(f) is excessive having regard to the guidelines.
“(3) In determining the amount that is to be taken as the price paid for the ship, the Secretary:
(a) must have regard to the guidelines; and
(b) may have regard to:
(i) the prices of comparable ships; and
(ii) any valuation of the ship made under section 19; and
(iii) such other matters as the Secretary thinks appropriate.
“(4) The Secretary may, by signed writing, determine the amount that is, for the purposes of this Act, to be taken as the cost of converting a ship in relation to which the shipowner has made a claim for a grant under subsection 8 (3) if the Secretary thinks that the amount the shipowner claims was, or that was in fact, the cost of converting the ship:
(a) is incorrect; or
(b) has been fixed in order to obtain an increase in the grant; or
(c) is unduly higher than costs incurred in relation to comparable conversions of comparable ships; or
(d) has been increased because of the influence of a commercial, financial or other relationship between the shipowner and the person who carried out the conversion (other than a relationship created by the agreement to carry out the conversion); or
(e) includes charges for work done that was not required to convert the ship from an ineligible ship into an eligible ship; or
(f) is unreasonable because of a prescribed reason; or
(g) is excessive having regard to the guidelines.
“(5) In determining the amount that is to be taken as the cost of converting the ship, the Secretary:
(a) must have regard to the guidelines; and
(b) may have regard to:
(i) the cost of comparable conversions of other ships; and
(ii) the work required to convert the ship from an ineligible ship into an eligible ship; and
(iii) any valuation of the cost of the conversion made under section 19; and
(iv) such other matters as the Secretary thinks appropriate.
“(6) The Secretary may, by signed writing, determine the amount that is, for the purposes of this Act, to be taken to be the cost of structural or equipment changes to a ship in relation to which the shipowner has made a claim for a grant under subsection 8 (6) if the Secretary thinks that the amount the shipowner claims was, or that was in fact, the cost of the changes:
(a) is incorrect; or
(b) has been fixed in order to obtain an increase in the grant; or
(c) is unduly higher than costs incurred in relation to comparable changes to comparable ships; or
(d) has been increased because of the influence of a commercial, financial or other relationship between the shipowner and the person who carried out the changes (other than a relationship created by the agreement to carry out the changes); or
(e) includes charges for:
(i) structural or equipment changes that are not of a kind referred to in paragraph 8 (6) (b); or
(ii) other work that is not required as part of a modification of a kind in relation to which grant under subsection 8 (6) is payable; or
(f) is unreasonable because of a prescribed reason; or
(g) is excessive having regard to the guidelines.
“(7) In determining the amount that is to be taken as the cost of structural or equipment changes to the ship, the Secretary:
(a) must have regard to the guidelines; and
(b) may have regard to:
(i) the cost of comparable changes to other ships; and
(ii) the work involved in the changes; and
(iii) any valuation of the cost of the changes under section 19; and
(iv) such other matters as the Secretary thinks appropriate.
“(8) The Minister may, by writing, determine guidelines in relation to the following matters:
(a) the circumstances in which an amount that is claimed was, or that was in fact, the price paid for a ship, the cost of converting a ship, or the cost of structural or equipment changes to a ship, is excessive;
(b) the way in which the Secretary is, under this section, to determine the amount that is, for the purposes of this Act, to be taken as the price paid for a ship, the cost of converting a ship, or the cost of structural or equipment changes to a ship.
“(9) A
determination under subsection (8) is a disallowable instrument for the
purposes of section 46a of the
(a) by omitting from paragraph (b) “(1) or (2)” and substituting “(2), (4) or (6)”;
(b) by omitting from paragraph (c) “, or the cost of the conversion of the ship,” and substituting “, the cost of converting the ship, or the cost of the structural or equipment changes to the ship,”.
(a) by inserting in paragraph (1) (a) “(other than a grant under subsection 8 (6))” after “grant”;
(b) by adding at the end the following subsections:“(3) Where a grant has been paid under subsection 8 (6) in respect of a ship, the shipowner must, within one month after the end of:
(a) the period of a year starting when the grant was paid; and
(b) each of the next 2 years;
lodge a written report with the Secretary relating to the year.
“(4) The report must:
(a) be in the approved form; and
(b) state whether or not the ship was operated at any time during the year concerned with a different number of crew from the number of the first crew engaged for the ship after the modification concerned; and
(c) include such information relating to any period during which the ship was so operated with a different number of crew as is required by the form.”.
“(2a) OTC may supply a reserved service:
(a) between places within an external Territory (other than places all of which are within a particular prescribed external Territory); and
(b) between places within an external Territory and places within Australia that are outside the external Territory.”.
“(3a) OTC may, by means of satellite-based facilities, supply a reserved service:
(a) between places within an external Territory; and
(b) between places within an external Territory and places within Australia that are outside the external Territory.”.
(a) by inserting in subsection (6) “174 or” after “section”;
(b) by adding at the end the following subsection:“(7) An associate member may resign by writing signed and delivered to the Minister.”.
“75. The
“90. The
1. No. 50, 1920, as amended. For previous amendments, see No. 93, 1936; Nos. 6 and 89, 1947; No. 80, 1950; No. 39, 1960; No. 72, 1961; No. 8, 1963; No. 93, 1966; No. 79, 1971; Nos. 130 and 216, 1973; No. 124, 1974; No. 91, 1977; No. 19, 1979; No. 27, 1980; No. 80, 1982; No. 39, 1983; Nos. 69 and 108, 1984; No. 69, 1986; No. 63, 1988; and Nos. 6 and 45, 1989.
2. No. 21, 1984, as amended. For previous amendments, see No. 128, 1988; and No. 63, 1989.
3. No. 6, 1988.
4. No. 64, 1989.
5. No. 54, 1989.
6. No. 33, 1942, as amended. For previous amendments, see No. 39, 1946; No. 64, 1948; No. 80, 1950; No. 41, 1951; No. 12, 1953; No. 82, 1954; Nos. 33, 65 and 92, 1956; No. 36, 1960 (as amended by No. 32, 1961); No. 96, 1962; No. 82, 1963; Nos. 67 and 121, 1964; Nos. 38 and 120, 1965; No. 57, 1966; No. 47, 1967; No. 69, 1968; Nos. 21 and 31, 1969; Nos. 8, 72 and 136, 1971; No. 49, 1972; No. 50, 1973; No. 216, 1973; No. 55, 1974; No. 56, 1975; Nos. 89, 157 and 187, 1976; No. 160, 1977; Nos. 36, 52 and 210, 1978; Nos. 143 and 177, 1980; Nos. 61, 113 and 153, 1981; No. 154, 1982; Nos. 7, 37, 39, 91 and 136, 1983; Nos. 10, 63, 72, 163 and 165, 1984; Nos. 66 and 191, 1985; Nos. 2 and 76, 1986; Nos. 68, 79, 80, 134 and 184, 1987; Nos. 56, 99, 109, 146 and 147, 1988; and Nos. 29, 31 and 63, 1989.
7. No. 146, 1988.
8. No. 130, 1985, as amended. For previous amendments, see Nos. 76 and 168, 1986; Nos. 39 and 99, 1988; and No. 29, 1989.
9. No. 65, 1989.
10. No. 4, 1913, as amended. For previous amendments, see No. 32, 1919; No. 1, 1921; No. 8, 1925; No. 8, 1926; No. 49, 1934; No. 30, 1935; No. 1, 1943; No. 80, 1950; No. 109, 1952; No. 96, 1953; No. 46, 1956; No. 36, 1958; No. 96, 1961; No. 1, 1965; No. 93, 1966; No. 60, 1967; No. 62, 1968; Nos. 1 and 117, 1970; No. 28, 1972; No. 216, 1973; Nos. 91 and 157, 1976; Nos. 98 and 155, 1979; Nos. 70 and 87, 1980;
Nos. 10, 36, 61 and 74, 1981; No. 80, 1982; Nos. 39, 40, 84 and 136, 1983; No. 72, 1984; Nos. 65 and 193, 1985; Nos. 76, 132, 163 and 167, 1986; No. 141, 1987; Nos. 34, 57, 87, 99 and 127, 1988; and Nos. 6 and 63, 1989.
11. No. 87, 1980, as amended. For previous amendments, see No. 57, 1988.
12. No. 23, 1946, as amended. For previous amendments, see No. 69, 1952; No. 26, 1958; No. 85, 1963; No. 93, 1966; Nos. 31 and 139, 1968; No. 9, 1971; No. 216, 1973; No. 56, 1975; No. 37, 1976; No. 36, 1978; No. 19, 1979; No. 177, 1980; Nos. 61 and 115, 1981; Nos. 66 and 80, 1982; Nos. 39, 91, 92 and 136, 1983; Nos. 18, 63, 72 and 165, 1984; Nos. 65 and 119, 1985; No. 76, 1986; No. 69, 1987; Nos. 36 and 129, 1988; and Nos. 21 and 63, 1989.
13. No. 41, 1983, as amended. For previous amendments, see No. 72, 1984; No. 65, 1985; Nos. 81 and 167, 1986; No. 141, 1987; Nos. 57 and 99, 1988; and No. 6, 1989.
14. No. 74, 1987, as amended. For previous amendments, see No. 6, 1989.
15. No. 53, 1989.
16. No. 63, 1989.
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House of Representatives on 21 December 1989 Senate on 20 December 1989
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