Statute Law Revision Act 1981
No. 61 of 1981
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
3. Principal Act
4. Schedule
PART III—AMENDMENTS OF THE AIR FORCE ACT 1923
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
PART IV—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969
14. Principal Act
15. Repeal of section 21 and substitution of new section —
21. Review of revocation of authority
TABLE OF PROVISIONS—continued
Section
PART V—AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975
16. Principal Act
17. Requirement with respect to the exhibition of Australian short films
PART VI—AMENDMENT OF THE AUSTRALIAN NATIONAL UNIVERSITY ACT 1946
18. Principal Act
19. Constitution of Council
PART VII—AMENDMENT OF THE CANBERRA WATER SUPPLY (GOOGONG DAM) ACT 1974
20. Principal Act
21. Exemption of certain persons
PART VIII—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905
22. Principal Act
23. Insertion of new section—
15. Review of decisions
PART IX—AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955
24. Principal Act
25. Arrest of witness for failing to appear
PART X—AMENDMENTS OF THE DEFENCE ACT 1903
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
PART XI—AMENDMENT OF THE DISTILLATION ACT 1901
52. Principal Act
53. Insertion of new section—
82b. Review of decisions
TABLE OF PROVISIONS—continued
Section
PART XII—AMENDMENT OF THE EXCISE ACT 1901
54. Principal Act
55. Insertion of new section—
162c. Review of decisions
PART XIII—AMENDMENT OF THE HISTORIC SHIPWRECKS ACT 1976
56. Principal Act
57. Interpretation
PART XIV—AMENDMENTS OF THE MIGRATION ACT 1958
58. Principal Act
59. Persons entering Australia in certain circumstances to be prohibited immigrants
60. Insertion of new section—
66e. Review of decisions
PART XV—AMENDMENTS OF THE NAVAL DEFENCE ACT 1910
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
PART XVI—AMENDMENTS OF THE PIG INDUSTRY RESEARCH ACT 1971
73. Principal Act
74. Interpretation
75. Australian Pig Industry Research Committee
76. Transitional
PART XVII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922
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
PART XVIII—AMENDMENTS OF THE SCHOOLS COMMISSION ACT 1973
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
PART XIX—AMENDMENT OF THE SOCIAL SERVICES ACT 1947
89. Principal Act
90. Insertion of new section—
15a. Review by Administrative Appeals Tribunal
TABLE OF PROVISIONS—continued
Section
PART XX—AMENDMENT OF THE SPIRITS ACT 1906
91. Principal Act
92. Licences to make and sell methylated spirits
PART XXI—AMENDMENTS OF THE TERTIARY EDUCATION COMMISSION ACT 1977
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
PART XXII—AMENDMENT OF THE TRADE MARKS ACT 1955
103. Principal Act
104. Matters to be considered before acceptance
PART XXIII—AMENDMENTS OF THE TRADE UNION TRAINING AUTHORITY ACT 1975
Division 1—Principal Act
105. Principal Act
Division 2—Amendments relating to the Australian Council
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
Division 3—Amendments relating to State Councils
112. Constitution of State Councils
113. Deputy members of State Councils
114. Tenure of office of members of State Councils
PART XXIV—AMENDMENTS OF OTHER ACTS
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
PART XXV—REPEAL OF ACTS
118. Repeal of Acts
119. Repeal of certain incorporating Acts
120. Saving
121. Operation of Acts Interpretation Act
122. Effect of repeals
SCHEDULE 1
AMENDMENTS OF OTHER ACTS
SCHEDULE 2
AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS III, X AND XV
TABLE OF PROVISIONS—continued
Section
SCHEDULE 3
AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS XVIII AND XXI
SCHEDULE 4
REPEAL OF ACTS
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
SCHEDULE 5
REPEAL OF CERTAIN INCORPORATING ACTS
Part I—Tax Acts and Health Insurance Levy Acts
Division 1—Tax Acts
Division 2—Health Insurance Levy Acts
Part II—Senate Elections Acts
Statute Law Revision Act 1981
No. 61 of 1981
An Act for the purposes of statute law revision, and for other purposes
[Assented to 12 June 1981]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Statute Law Revision Act 1981.
Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation.
(3) Part VI shall be deemed to have come into operation on 31 August 1980.
(4) Part VII shall be deemed to have come into operation on 28 May 1980.
(5) Part IX shall be deemed to have come into operation on 19 October 1979.
(6) Part XIII shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day after the day on which Part II of the Petroleum (Submerged Lands—Miscellaneous Amendments) Act 1981 comes or came into operation.
(7) Sections 58 and 59 shall be deemed to have come into operation on 1 November 1979.
(8) Part XVII shall be deemed to have come into operation on 15 March 1981.
(9) Part XXII shall be deemed to have come into operation on 1 February 1977.
(10) Divisions 2 and 3 of Part XXIII shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.
PART II—AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
Principal Act
3. The Administrative Appeals Tribunal Act 19751 is in this Part referred to as the Principal Act.
Schedule
4. (1) The Schedule to the Principal Act is amended by omitting Parts IV, V, VIII, X, XVI, XVII, XXI, XXII, XXIVa and XXV.
(2) The amendment made by sub-section (1) does not affect any application made to the Administrative Appeals Tribunal before the commencement of this section, or any matter or thing arising out of, or any proceeding incidental to or connected with, any such application.
PART III—AMENDMENTS OF THE AIR FORCE ACT 1923
Principal Act
5. The Air Force Act 19232 is in this Part referred to as the Principal Act.
Australian Air Force
6. Section 4a of the Principal Act is amended by omitting “Citizen Air Force” and substituting “Australian Air Force Reserve”.
Permanent Air Force
7. Section 4b of the Principal Act is amended by omitting “Citizen Air Force” and substituting “Australian Air Force Reserve”.
Air Force Emergency Force
8. Section 4c is amended by omitting “Citizen Air Force” and substituting “Australian Air Force Reserve”.
9. Section 4d of the Principal Act is repealed and the following section substituted:
Australian Air Force Reserve
“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.”.
Service of the Permanent Air Force
10. Section 4g of the Principal Act is amended—
(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”.
Service of the Air Force Emergency Force
11. Section 4h of the Principal Act is amended—
(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).
Service of the Australian Air Force Reserve
12. Section 4j of the Principal Act is amended —
(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.”.
Transitional and savings
13. (1) The Australian Air Force Reserve is, for all purposes, a continuation, under that name, of the part of the Air Force previously known as the Citizen Air Force.
(2) Where, immediately before the proclaimed date, a period of air-force service that was to be rendered during a period (in this sub-section referred to as “the relevant period”) that commenced before, and ends after, that date was fixed for the purposes of section 4j of the Principal Act with respect to a part, or a class of members, of the Citizen Air Force that is continued in existence on and after that date under the name Australian Air Force Reserve—
(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.
(3) All regulations in force under the Principal Act immediately before the proclaimed date continue in force except insofar as they are inconsistent with the Principal Act as amended by this Act, but any such regulations may be amended or repealed by regulations made under the Principal Act as amended by this Act.
(4) In this section, “proclaimed date” means the date that is fixed by Proclamation under sub-section 2 (2).
PART IV—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969
Principal Act
14. The Australian Capital Territory Taxation (Administration) Act 19693 is in this Part referred to as the Principal Act.
15. (1) Section 21 of the Principal Act is repealed and the following section is substituted:
Review of revocation of authority
“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.”.
(2) The amendment made by sub-section (1) applies in relation to a revocation by the Commissioner of Taxation under section 20 of the Australian Capital Territory Taxation (Administration) Act 1969 effected before or after the commencement of this section.
PART V—AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975
Principal Act
16. The Australian Film Commission Act 19754 is in this Part referred to as the Principal Act.
Requirement with respect to the exhibition of Australian short films
17. (1) Section 10 of the Principal Act is amended by adding at the end thereof the following sub-section:
“(8) An application may be made to the Administrative Appeals Tribunal for review of a requirement made under this section.”.
(2) The amendment made by sub-section (1) applies in relation to a requirement made under section 10 of the Australian Film Commission Act 1975 made before or after the commencement of this section.
PART VI—AMENDMENT OF THE AUSTRALIAN NATIONAL UNIVERSITY ACT 1946
Principal Act
18. The Australian National University Act 19465 is in this Part referred to as the Principal Act.
Constitution of Council
19. Section 11 of the Principal Act is amended by omitting from paragraph (1) (f) “Deans of Faculties in the School” and substituting “deans of faculties within The Faculties”.
PART VII—AMENDMENT OF THE CANBERRA WATER SUPPLY (GOOGONG DAM) ACT 1974
Principal Act
20. The Canberra Water Supply (Googong Dam) Act 19746 is in this Part referred to as the Principal Act.
Exemption of certain persons
21. Section 23 of the Principal Act is amended by inserting in paragraph (d) “or special member” after “member”.
PART VIII—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905
Principal Act
22. The Commerce (Trade Descriptions) Act 19057 is in this Part referred to as the Principal Act.
23. (1) After section 14 of the Principal Act the following section is inserted in Part V:
Review of decisions
“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 Administrative Appeals Tribunal Act 1975.”.
(2) The amendment made by sub-section (1) applies in relation to—
(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.
PART IX—AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955
Principal Act
24. The Courts-Martial Appeals Act 19558 is in this Part referred to as the Principal Act.
Arrest of witness for failing to appear
25. Section 32 of the Principal Act is amended by omitting from sub-section (3) “Commonwealth Police Officer” and substituting “member or special member of the Australian Federal Police”.
PART X—AMENDMENTS OF THE DEFENCE ACT 1903
Principal Act
26. The Defence Act 19039 is in this Part referred to as the Principal Act.
Interpretation
27. Section 4 of the Principal Act is amended—
(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.”.
Term of appointment
28. Section 10a of the Principal Act is amended—
(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”.
Repeal of sections 24 and 25
29. Sections 24 and 25 of the Principal Act are repealed.
Retired lists
30. Section 26 of the Principal Act is amended by inserting “the names of officers or former” after “place”.
Division of Australian Army
31. Section 31 of the Principal Act is amended by omitting “Citizen Military Forces” and substituting “Australian Army Reserve”.
Permanent Military Forces
32. Section 32 of the Principal Act is amended—
(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).
33. Section 32a of the Principal Act is repealed and the following section substituted:
Australian Army Reserve
“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.”.
Discharge upon expiration of period of engagement
34. Section 39 of the Principal Act is amended—
(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”.
Discharge of members of Australian Army Reserve
35. Section 40 of the Principal Act is amended—
(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”.
Discharge of members of Regular Army Emergency Reserve
36. Section 41 of the Principal Act is amended—
(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.”.
Enlistment in Reserve Force
37. Section 42 of the Principal Act is repealed.
Service of the Permanent Military Forces
38. Section 45 of the Principal Act is amended by omitting sub-sections (1) and (3) and substituting the following sub-sections:
“(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.”.
Calling out of the Regular Army Emergency Reserve for continuous full time military service
39. Section 46 of the Principal Act is amended—
(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).
Calling out of the Regular Army Reserve for continuous service
40. Section 47 of the Principal Act is repealed.
Direction by prescribed authority
41. Section 48 of the Principal Act is amended—
(a) by omitting “or 47”; and
(b) by omitting “or of the Regular Army Reserve, as the case requires”.
Application of certain regulations to the Regular Army Emergency Reserve
42. Section 49 of the Principal Act is amended by omitting “and members of the Regular Army Reserve”.
Service of the Australian Army Reserve
43. Section 50 of the Principal Act is amended—
(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.”.
Calling out of the Reserve Forces in time of war or defence emergency
44. Section 50a of the Principal Act is amended by omitting from sub-section (1) “Citizen Forces” and substituting “Reserve Forces”.
Service of Reserve Forces after call out
45. Section 50b of the Principal Act is amended by omitting “Citizen Forces” (wherever occurring) and substituting “Reserve Forces”.
Citizen Military Forces to be returned to districts
46. Section 50d of the Principal Act is repealed.
Protection of States from domestic violence
47. Section 51 of the Principal Act is amended—
(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”.
Absence for more than 7 days deemed to be desertion
48. Section 78 of the Principal Act is amended—
(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”.
Power to discharge or disrate members of Reserve Forces
49. Section 112 of the Principal Act is amended by omitting “the Citizen Forces” and substituting “the Reserve Forces”.
Power to arrest and detain in military custody
50. Section 113 of the Principal Act is amended by omitting “the Reserve Forces or of the Citizen Forces” and substituting “the Emergency Forces or of the Reserve Forces”.
Transitional and savings
51. (1) The Australian Army Reserve is, for all purposes, a continuation, under that name, of the part of the Army previously known as the Citizen Military Forces.
(2) The reserve of officers referred to in section 25 of the Principal Act shall be deemed to have been disbanded upon the proclaimed date.
(3) All officers whose names were, immediately before the proclaimed date, included on the reserve of officers list kept in accordance with section 25 of the Principal Act shall, on that date, be deemed to have been duly appointed to the Inactive Australian Army Reserve, and 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 them accordingly.
(4) An officer serving in the Regular Army Reserve immediately before the proclaimed date shall, on that date, be deemed to have been duly appointed to the Inactive Australian Army Reserve, and 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.
(5) A soldier serving in the Regular Army Reserve immediately before the proclaimed date shall, on that date, be deemed, for all purposes of this Act, to have been engaged to serve in the Inactive Australian Army Reserve for a period equal to the balance of the period for which he had been engaged to serve in the
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.
(6) A soldier serving in the Regular Army Reserve immediately before the proclaimed date shall not, in relation to his being deemed to have been so engaged to serve in the Inactive Australian Army Reserve, take and subscribe a fresh oath or make a fresh affirmation but, upon his being deemed to have been so engaged, references to the Regular Army Reserve in the oath taken and subscribed by him, or in the affirmation made by him, at the time of his having been engaged to serve in the Regular Army Reserve shall be deemed to include references to the Inactive Australian Army Reserve.
(7) Where, immediately before the proclaimed date, a period of military service that was to be rendered during a period (in this sub-section referred to as “the relevant period”) that commenced before, and ends after, that date was fixed for the purposes of section 50 of the Principal Act with respect to a part, or a class of members, of the Citizen Military Forces that is continued in existence on and after that date under the name Australian Army Reserve—
(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.
(8) All regulations in force under the Principal Act immediately before the proclaimed date continue in force except insofar as they are inconsistent with the Principal Act as amended by this Act, but any such regulations may be amended or repealed by regulations made under the Principal Act as amended by this Act.
(9) In this section, “proclaimed date” means the date that is fixed by Proclamation under sub-section 2 (2).
PART XI—AMENDMENT OF THE DISTILLATION ACT 1901
Principal Act
52. The Distillation Act 190110 is in this Part referred to as the Principal Act.
53. (1) After section 82a of the Principal Act the following section is inserted:
Review of decisions
“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 Administrative Appeals Tribunal Act 1975.”.
(2) The amendment made by sub-section (1) applies in relation to—
(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.
PART XII—AMENDMENT OF THE EXCISE ACT 1901
Principal Act
54. The Excise Act 190111 is in this Part referred to as the Principal Act.
55. (1) After section 162b of the Principal Act the following section is inserted:
Review of decisions
“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 Administrative Appeals Tribunal Act 1975.”.
(2) The amendment made by sub-section (1) applies in relation to—
(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.
PART XIII—AMENDMENT OF THE HISTORIC SHIPWRECKS ACT 1976
Principal Act
56. The Historic Shipwrecks Act 197612 is in this Part referred to as the Principal Act.
Interpretation
57. Section 3 of the Principal Act is amended by omitting from sub-section (5) “as in force immediately before the commencement of this sub-section” and substituting “as in force immediately after the commencement of Part II of the Petroleum (Submerged Lands—Miscellaneous Amendments) Act 1981”.
PART XIV—AMENDMENTS OF THE MIGRATION ACT 1958
Principal Act
58. The Migration Act 195813 is in this Part referred to as the Principal Act.
Persons entering Australia in certain circumstances to be prohibited immigrants
59. Section 16 of the Principal Act is amended by inserting after sub-section (1b) the following sub-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.”.
60. (1) After section 66d of the Principal Act the following section is inserted:
Review of decisions
“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 Administrative Appeals Tribunal Act 1975 or by the Federal Court of Australia or a Judge of that Court under section 44a of that Act.
“(6) In this section, ‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.”.
(2) The amendment made by sub-section (1) applies in relation to a decision of the Minister under section 12, 13 or 48 of the Migration Act 1958 given before or after the commencement of this section.
PART XV—AMENDMENTS OF THE NAVAL DEFENCE ACT 1910
Principal Act
61. The Naval Defence Act 191014 is in this Part referred to as the Principal Act.
Terms of appointment
62. Section 9 of the Principal Act is amended—
(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”.
Retired lists
63. Section 17a of the Principal Act is amended by inserting “or former officers” after “officers”.
Australian Navy
64. Section 19 of the Principal Act is amended by omitting “Citizen Naval Forces” and substituting “Australian Naval Reserve”.
Naval Emergency Reserve Forces
65. Section 21 of the Principal Act is amended by omitting “Citizen Naval Forces” and substituting “Australian Naval Reserve”.
66. Section 22 of the Principal Act is repealed and the following section substituted:
Australian Naval Reserve
“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.”.
Discharge on expiration of period of engagement
67. Section 28 of the Principal Act is amended—
(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”.
Discharge prior to expiration of period of engagement
68. Section 29 of the Principal Act is amended—
(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”.
69. Section 31 of the Principal Act is repealed and the following section substituted:
Service of the Permanent Naval Forces
“31. Members of the Permanent Naval Forces are bound to render continuous full time naval service.”.
Service of the Naval Emergency Reserve Forces
70. Section 32 of the Principal Act is amended—
(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).
Service of the Australian Naval Reserve
71. Section 32a of the Principal Act is amended—
(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 50a or 51 of the Defence Act.”.
Transitional and savings
72. (1) The Australian Naval Reserve is, for all purposes, a continuation, under that name, of the part of the Navy previously known as the Citizen Naval Forces.
(2) Where, immediately before the proclaimed date, a period of naval service that was to be rendered during a period (in this sub-section referred to as “the relevant period”) that commenced before, and ends after, that date was fixed for the purposes of section 32a of the Principal Act with respect to a part, or a class of members, of the Citizen Naval Forces that is continued in existence on and after that date under the name Australian Naval Reserve—
(a) the amendments of section 32a 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 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 32a 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.
(3) All regulations in force under the Principal Act immediately before the proclaimed date continue in force except in so far as they are inconsistent with the Principal Act as amended by this Act, but any such regulations may be amended or repealed by regulations made under the Principal Act as amended by this Act.
(4) In this section, “proclaimed date” means the date that is fixed by Proclamation under sub-section 2 (2).
PART XVI—AMENDMENTS OF THE PIG INDUSTRY RESEARCH ACT 1971
Principal Act
73. The Pig Industry Research Act 197115 is in this Part referred to as the Principal Act.
Interpretation
74. Section 3 of the Principal Act is amended by omitting “Pig Industry Research Committee” from the definition of “the Committee” and substituting “Australian Pig Industry Research Committee”.
Australian Pig Industry Research Committee
75. Section 8 of the Principal Act is amended by omitting from sub-section (1) “Pig Industry Research Committee” and substituting “Australian Pig Industry Research Committee”.
Transitional
76. The Australian Pig Industry Research Committee is, for all purposes, the continuation, under that name, of the body by the name of the Pig Industry Research Committee constituted under the Principal Act.
PART XVII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922
Principal Act
77. The Public Service Act 192216 is in this Part referred to as the Principal Act.
Suspension of officers included in Second, Third or Fourth Division
78. Section 63b of the Principal Act is amended by omitting from paragraph (3) (a) “sub-section 62 (2)” and substituting “sub-section 61 (2)”.
Temporary employment
79. Section 82 of the Principal Act is amended by omitting sub-section (6b) and substituting the following sub-section:
“(6b) The services of an employee to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies shall not be dispensed with under sub-section (6) except on—
(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.”.
Application for reinstatement as person to whom Division applies
80. Section 87p of the Principal Act is amended by omitting from sub-sections (5), (6) and (7) “sub-section (1)” and substituting “sub-section (2)”.
PART XVIII—AMENDMENTS OF THE SCHOOLS COMMISSION ACT 1973
Principal Act
81. The Schools Commission Act 197317 is in this Part referred to as the Principal Act.
Title
82. The title of the Principal Act is amended by omitting “Schools Commission” and substituting “Commonwealth Schools Commission”.
Short title
83. Section 1 of the Principal Act is amended by omitting “Schools Commission Act 1973” and substituting “Commonwealth Schools Commission Act 1973”.
Interpretation
84. Section 3 of the Principal Act is amended by omitting “Schools Commission” from the definition of “Commission” in sub-section (1) and substituting “Commonwealth Schools Commission”.
Establishment of Commission
85. Section 4 of the Principal Act is amended by omitting from sub-section (1) “Schools Commission” and substituting “Commonwealth Schools Commission”.
Functions of Commission
86. Section 13 of the Principal Act is amended—
(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”.
State and Territory Commonwealth Schools Commission Advisory Boards
87. Section 16 of the Principal Act is amended—
(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”.
Transitional
88. (1) The Commonwealth Schools Commission is, for all purposes, a continuation, under that name, of the body known as the Schools Commission established by the Principal Act and a reference in any law of the Commonwealth other than this Act to the Schools Commission shall be construed as a reference to the Commonwealth Schools Commission.
(2) A Commonwealth Schools Commission Advisory Board is, for all purposes, a continuation, under that name, of the body having the same membership that was known as a Schools Commission Advisory Board and was established under section 16 of the Principal Act.
PART XIX—AMENDMENT OF THE SOCIAL SERVICES ACT 1947
Principal Act
89. The Social Services Act 194718 is in this Part referred to as the Principal Act.
90. After section 15 of the Principal Act the following section is inserted:
Review by Administrative Appeals Tribunal
“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 Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision of the Director-General.
“(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 Health Insurance Act 1973.
“(4) Where, immediately before the date of commencement of this section, a person was entitled by virtue of sub-clause 24a (3) of the Schedule to the Administrative Appeals Tribunal Act 1975 to make an application to the Administrative Appeals Tribunal for a review of a decision by the Director-General, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, that person may, on or after that date, apply to the Tribunal for review of that decision.
“(5) The operation of sub-section 29 (2) of the Administrative Appeals Tribunal Act 1975 in relation to an application under sub-section (2) of this section for review of a decision is modified so that the prescribed time for 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.”.
PART XX—AMENDMENT OF THE SPIRITS ACT 1906
Principal Act
91. The Spirits Act 190619 is in this Part referred to as the Principal Act.
Licences to make and sell methylated spirits
92. (1) Section 20 of the Principal Act is amended by adding at the end thereof the following sub-sections:
“(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 Administrative Appeals Tribunal Act 1975.”.
(2) The amendment made by sub-section (1) applies in relation to a decision of a Collector of Customs under section 20 of the Spirits Act 1906 given before or after the commencement of this section.
PART XXI—AMENDMENTS OF THE TERTIARY EDUCATION COMMISSION ACT 1977
Principal Act
93. The Tertiary Education Commission Act 197720 is in this Part referred to as the Principal Act.
Title
94. The title of the Principal Act is amended by omitting “Tertiary Education Commission” and substituting “Commonwealth Tertiary Education Commission”.
Short title
95. Section 1 of the Principal Act is amended by omitting “Tertiary Education Commission Act 1977” and substituting “Commonwealth Tertiary Education Commission Act 1977”.
Interpretation
96. Section 4 of the Principal Act is amended by omitting “Tertiary Education Commission” from the definition of “Commission” in sub-section (1) and substituting “Commonwealth Tertiary Education Commission”.
Commonwealth Tertiary Education Commission
97. Section 6 of the Principal Act is amended by omitting “Tertiary Education Commission” and substituting “Commonwealth Tertiary Education Commission”.
Functions of Commission
98. Section 7 of the Principal Act is amended—
(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”.
Performance of functions of Commission
99. Section 8 of the Principal Act is amended by inserting in sub-section (1) “or the Northern Territory” after “State” (wherever occurring).
Transitional references
100. Section 41 of the Principal Act is amended by omitting “Tertiary Education Commission” and substituting “Commonwealth Tertiary Education Commission”.
Transitional delegations
101. Section 42 of the Principal Act is amended by omitting from sub-sections (1) and (2) “Tertiary Education Commission” (wherever occurring) and substituting “Commonwealth Tertiary Education Commission”.
Transitional
102. The Commonwealth Tertiary Education Commission is, for all purposes, a continuation, under that name, of the body known as the Tertiary Education Commission established by the Principal Act and a reference in any law of the Commonwealth other than this Act to the Tertiary Education Commission shall be construed as a reference to the Commonwealth Tertiary Education Commission.
PART XXII—AMENDMENT OF THE TRADE MARKS ACT 1955
Principal Act
103. The Trade Marks Act 195521 is in this Part referred to as the Principal Act.
Matters to be considered before acceptance
104. Section 86 of the Principal Act is amended by omitting from sub-section (3) “an Appeal Tribunal” and substituting “a prescribed court”.
PART XXIII—AMENDMENTS OF THE TRADE UNION TRAINING AUTHORITY ACT 1975
Division 1—Principal Act
Principal Act
105. The Trade Union Training Authority Act 197522 is in this Part referred to as the Principal Act.
Division 2—Amendments relating to the Australian Council
Constitution of Executive Board
106. Section 8m of the Principal Act is amended by omitting from paragraph (1) (d) and sub-section (2) “, (e)”.
Constitution of the Australian Council
107. Section 14 of the Principal Act is amended—
(a) by omitting from sub-paragraph (1) (d) “5” and substituting “6”; and
(b) by omitting paragraph (1) (e).
Method of appointment of certain members
108. Section 15 of the Principal Act is amended by omitting paragraph (1) (b).
Deputy members of the Australian Council
109. Section 17 of the Principal Act is amended by omitting from sub-sections (2) and (3) “, (e)”.
Tenure of office
110. Section 18 of the Principal Act is amended by omitting from sub-sections (2) and (5) “, (e)”.
Termination of appointment
111. Section 28 of the Principal Act is amended by omitting from paragraph (1) (a) “, (e)”.
Division 3—Amendments relating to State Councils
Constitution of State Councils
112. Section 20 of the Principal Act is amended—
(a) by omitting from paragraph (1) (c) “3” and substituting “4”; and
(b) by omitting paragraph (1) (d).
Deputy members of State Councils
113. Section 22 of the Principal Act is amended by omitting from sub-section (2) “, (d)”.
Tenure of office of members of State Councils
114. Section 23 of the Principal Act is amended by omitting from sub-section (3) “, (d)”.
PART XXIV—AMENDMENTS OF OTHER ACTS
Amendments of other Acts
115. The Acts specified in Schedule 1 are amended as set out in that Schedule.
Amendments of Acts consequential upon the amendments made by Parts III, X and XV
116. The Acts specified in Schedule 2 are amended as set out in that Schedule.
Amendments of Acts consequential upon the amendments made by Parts XVIII and XXI
117. The Acts specified in Schedule 3 are amended as set out in that Schedule.
PART XXV—REPEAL OF ACTS
Repeal of Acts
118. The Acts specified in Schedule 4 are repealed.
Repeal of certain incorporating Acts
119. (1) Subject to this section, the Acts specified in Schedule 5 are repealed.
(2) The repeal of an Act by this section does not operate so as to repeal an Act incorporated with the repealed Act.
(3) An Act incorporated with an Act repealed by this section, being an Act specified in Part I of Schedule 5, applies in relation to the tax or levy that was imposed by the repealed Act as if the repealed Act were still in force.
Saving
120. An act or thing that, by an Act or portion of an Act repealed by this Part, was made, or was to be deemed to be, lawful, valid or effectual shall, to be the extent to which it was so made, or was so to be deemed to be, lawful, valid or effectual, continue to be, or to be deemed to be, lawful, valid or effectual.
Operation of Acts Interpretation Act
121. Nothing in this Part limits the application of section 8 of the Acts Interpretation Act 1901.
Effect of repeals
122. Where this Part provides that an Act is repealed and portion of the Act has previously been repealed, the repeal effected by this Part is of so much of the Act as has not previously been repealed.
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SCHEDULE 1 Section 115
AMENDMENTS OF OTHER ACTS
Act | Amendments |
Aboriginal Councils and Associations Act 1976 | Paragraph 5 (1) (c)— Omit “Corporation”, substitute “corporation”. Sub-section 38 (4)— Insert “and income and expenditure statement” after “balance sheet” (wherever occurring). Sub-section 50 (2)— Omit “convenant”, substitute “covenant”. Sub-section 59 (4)— Insert “and income and expenditure statement” after “balance sheet” (wherever occurring). Sub-section 61 (1)— Omit “Council”, substitute “Governing Committee”. |
Acts Interpretation Act 1901 | After section 15a insert the following section: Regard to be had to purpose or object of Act “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.”. |
Administrative Appeals Tribunal Act 1975 | Schedule— Omit the heading to Part XXIV, substitute the following heading: |
“PART XXIV—PATENT ATTORNEYS REGULATIONS”. | |
Aged or Disabled Persons Homes Act 1954 | Sub-section 7 (2)— Omit “time, or by such instalments and at such times, as are”, substitute “time as is, or by such instalments and at such times as are,”. |
Atomic Energy Act 1953 | Paragraph 41 (2) (d)— Omit “the last preceding paragraph”, substitute “paragraph (c)”. |
Australian Capital Territory Supreme Court Act 1953 | Section 3— Omit “the 1 January 1934”, substitute “1 January 1934”. Paragraph 11 (a)— Omit “the 1 January 1911”, substitute “1 January 1911”. |
Australian Citizenship Act 1948 | Section 41— Omit “16”, substitute “15”. |
Australian Heritage Commission Act 1975 | Paragraph 26 (3) (c)— Omit “section 25 (3)”, substitute “sub-section 25 (3)”. |
Australian Industry Development Corporation Act 1970 | Sub-section 8 (4)— Omit “Subject to the National Investment Fund Act 1974, the”, substitute “The”. Section 26a— Repeal the section. Section 36a— Omit from sub-sections (1) and (6) “or the National Investment Fund Act 1974”. Section 37— (1) Omit from sub-section (1a) “of this Act or sub-section (2) of section 21 of the National Investment Fund Act 1974”. (2) Omit sub-section (2), substitute the following sub-section: “(2) A report under sub-section (1) shall contain a copy of any certificate given by the Auditor-General for the purposes of sub-section 24 (5) during the year to which the report relates.”. |
SCHEDULE 1—continued
Act | Amendments |
Australian Institute of Aboriginal Studies Act 1961 | Sub-section 30 (3)— Omit “fifteen days sitting”, substitute “fifteen sitting days”. |
Australian Meat and Live-stock Corporation Act 1977 | Sub-section 17 (2)— Omit “as fixed”, substitute “affixed”. |
Australian War Memorial Act 1980 | Sub-section 27 (1)— Omit “29”, substitute “28”. |
Bounty (Metal-working Machine Tools) Act 1978 | Sub-section 3 (1)— Omit “12” from the definition of “authorized person”, substitute “14”. |
Broadcasting and Television Act 1942 | Sub-section 44 (11)— Omit “period of service of employment”, substitute “period of service or employment”. |
Cities Commission (Repeal) Act 1975 | Section 4— Omit “Department of Environment, Housing and Community Development” from the definition of “authorized officer”, substitute “Department of National Development and Energy”. Section 7— Omit “Department of Environment, Housing and Community Development”, substitute “Department of National Development and Energy”. |
Commonwealth Employees (Redeployment and Retirement) Act 1979 | Paragraph 12 (1) (e)— Omit “under Public Service Act 1922”, substitute “under the Public Service Act 1922”. |
Commonwealth Teaching Service Act 1972 | Sub-section 23a (11)— Omit “period of service of employment”, substitute “period of service or employment”. |
Conciliation and Arbitration Act 1904 | Sub-section 186 (2)— Insert “profits or” after “trade secret or to the”. |
Copyright Act 1968 | Paragraph 55 (3) (b)— Omit “sub-paragraph (iii) or sub-paragraph (iv) of paragraph (a) of sub-section (1) of this section”, substitute “sub-paragraph (1) (a) (iii) or (iv)”. Paragraph 206 (3) (e)— Omit “of this sub-section”. |
Customs Act 1901 | Section 132e— Repeal the section. Section 151a— (1) Omit from sub-section (1) “Malawi, Southern Rhodesia, Zambia”. (2) Omit sub-section (4). Paragraph 196 (1)— Insert “of Customs or of police” after “officer”. |
Defence Act 1903 | Paragraph 124 (1) (r)— Omit “of this Act”. |
Defence (Parliamentary Candidates) Act 1969 | Sub-section 14 (1)— Omit “the the”, substitute “the”. |
Environment Protection (Impact of Proposals) Act 1974 | Paragraph 9 (b)— Omit “prescribing”, substitute “prescribe”. |
SCHEDULE 1—continued
Act | Amendments |
Excise Act 1901 | Section 59d— Repeal the section. Sub-section 77m (2)— Omit “sub-item (2) of item 17 (A) in the Schedule to the Excise Tariff Act 1921”, substitute “paragraph (2) of sub-item (A) of item 17 to the Schedule to the Excise Tariff Act 1921”. |
Federal Court of Australia Act 1976 | Section 13— Omit “attached” (wherever occurring) substitute “assigned”. Sub-section 14 (2)— Omit “attached”, substitute “assigned”. Sub-section 45 (1) Omit “or a Deputy Registrar”, substitute “, a Deputy Registrar, a District Registrar or a Deputy District Registrar”. Sub-section 49 (1)— Omit “any of them may be reduced to writing and may be made public by any other Judge at any subsequent sitting of a Full Court of the Court”, substitute “any one of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Court”. |
Gift Duty Assessment Act 1941 | Paragraph 39 (1) (a)— Add at the end thereof “or”. |
Homes Savings Grant Act 1964 | Sub-section 4 (1)— Omit “Department of Environment, Housing and Community Development” from the definition of “Secretary”, substitute “Department of Housing and Construction”. Section 7— Omit “Department of Environment, Housing and Community Development” (wherever occurring), substitute “Department of Housing and Construction”. Section 8— Omit “Department of Environment, Housing and Community Development”, substitute “Department of Housing and Construction”. Section 8a— Repeal the section. |
Honey Industry Act 1962 | Sub-section 17 (2)— Omit “paragraphs (d) and (e) of the last preceding section”, substitute “paragraphs 16 (d) and (e)”. |
Judiciary Amendment Act (No. 2) 1979 | Section 18— Omit sub-section (6). |
Migration Act 1958 | Paragraph 8 (1) (b)— Add at the end thereof “, not being a person in respect of whom a declaration is in force under sub-section (2)”. Sub-section 67 (1)— Omit “(aa)” (second occurring), substitute “(ab)”. |
National Capital Development Commission Act 1957 | Sub-section 13 (1)— (1) Omit “Minister of State for Construction”, substitute “Minister for Housing and Construction”. (2) Omit “Department of Construction”, substitute “Department of Housing and Construction”. |
National Service Act 1951 | Section 4— Omit “Department of Employment and Industrial Relations”, from the definitions of “the Department” and “the Secretary”, substitute “Department of Employment and Youth Affairs”. |
SCHEDULE 1—continued
Act | Amendments |
Navigation Act 1912 | Section 358— Omit sub-section (2), substitute the following sub-section: “(2) In sub-section (1), ‘Judge’, in relation to a Court of Marine Inquiry, means— (a) a Judge of the Federal Court of Australia; or (b) a Judge of the Supreme Court of a State or Territory or of a County Court, District Court or Local Court of a State who is authorized by the Governor-General to sit as the member, or as a member, of the Court of Marine Inquiry.”. |
Ombudsman Act 1976 | Sub-section 28 (5)— Omit “had”, substitute “has”. |
Overseas Telecommunications Act 1946 | Sub-section 33aa (11)— Omit “period of service of employment”, substitute “period of service or employment”. Paragraph 64 (2) (a)— Omit “Justice”, substitute “Judge”. |
Parliamentary Counsel Act 1970 | Section 2— Omit from sub-section (3) “of this Act”. Section 4— Omit “five” substitute “5”. Section 5— (1) Omit from sub-section (1) “seven”, substitute “7”. (2) Omit from sub-section (2) “sixty-five” (wherever occurring), substitute “65”. Section 6— Repeal the section, substitute the following section: Remuneration and allowances “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 Remuneration Tribunals Act 1973.”. Section 10— Omit from sub-section (2), “fourteen”, “twenty-eight” and “twelve”, substitute “14”, “28” and “12”, respectively. Sections 11 and 12— Repeal the sections. Section 14— Omit “to this Act”. Section 15— Repeal the section, substitute the following section: Acting appointments “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— (a) during a vacancy in that office; or (b) during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office. |
SCHEDULE 1—continued
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— (a) during a vacancy in that office; or (b) during any period, or during all periods, when the person holding an office of Second Parliamentary Counsel is absent from duty or from Australia, is acting in the office of First Parliamentary Counsel or is, for any other reason, unable to perform the functions of his 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— (a) determine the terms and conditions of appointment, including remuneration and allowances, of a person acting in the office of First Parliamentary Counsel or in an office of Second Parliamentary Counsel; and (b) terminate such an appointment at any time. “(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— (1) Omit from sub-sections (1), (2) and (3) “1922-1968”, substitute “1922”. (2) Omit from sub-section (2) “Public Service of the Commonwealth” (wherever occurring), substitute “Australian Public Service”. (3) Omit from sub-section (3) “(5) and (6) of section 25” substitute “25 (5) and (6)”. |
Pig Industry Research Act 1971 | Paragraph 5 (2) (b)— Omit “purchased”, substitute “produced”. |
Pig Slaughter Levy Act 1971 | Section 4— Omit the definition of “Research Committee”, substitute the following definition: “ ‘Research Committee’ means the Australian Pig Industry Research Committee constituted under the Pig Industry Research Act 1971;”. |
SCHEDULE 1—continued
Act | Amendments |
Postal Services Act 1975 | Sub-section 46a (11)— Omit “period of service of employment”, substitute “period of service or employment”. |
Public Service Act 1922 | Sub-section 32a (11)— Omit “period of service of employment”, substitute “period of service or employment”. Paragraph 63 (1) (a)— Omit “within the period of 6 months immediately preceding, or succeeding, the commencement of this section”, substitute “after 15 September 1980”. |
Re-establishment and Employment Act 1945 | Division 2 of Part II— Repeal the Division. |
Services Trust Funds Act 1947 | Section 34— Omit “Minister for Finance” (wherever occurring), substitute “Minister”. Sub-section 35 (2)— Omit “Minister for Finance”, substitute “Minister”. |
Ship Construction Bounty Act 1975 | Sub-section 17 (3)— Omit “respect of”, substitute “respect to”. |
Social Services Act 1947 | Section 18— (1) Omit “V,” from paragraph (e) of the definition of “income”. (2) Omit paragraph (jc) of the definition of “income”. Paragraph 37 (c)— Omit “the Registrar whose office is nearest to the place of residence of the claimant”, substitute “a Registrar”. Paragraph 66 (c)— Omit “the Registrar whose office is nearest to the place of residence of the claimant”, substitute “a Registrar”. Sub-section 83ad (2)— Omit “that paragraph” (wherever occurring), substitute “paragraph (b)”. Sub-section 106 (1)— Omit “V,” from paragraph (b) of the definition of “income”. Section 133b— Omit “Commonwealth Hostels Limited” (wherever occurring), substitute “Commonwealth Accommodation and Catering Services Limited”. Paragraph 133f (2) (b)— Omit “the Registrar whose office is nearest to the person’s place of residence”, substitute “a Registrar”. Section 133q— Omit “section 48, 52, 77”, substitute “section 52”. |
Statistics (Arrangements with States) Act 1956 | Section 9— Repeal the section. |
Telecommunications Act 1975 | Sub-section 43a (11)— Omit “period of service of employment”, substitute “period of service or employment”. |
Trade Practices Act 1974 | Sub-section 35 (7)— Omit “a person referred to in paragraph 31 (1) (a) or (b)”, substitute “a Judge of a Federal Court, not being the High Court or a court of an external Territory”. Sub-section 170 (2)— Omit “such legal”, substitute “of such legal”. |
SCHEDULE 1—continued
Act | Amendments |
Trade Union Training Authority Act 1975 | Section 3— Omit “Department of Employment and Industrial Relations” from the definitions of “Department” and “Secretary”, substitute “Department of Industrial Relations”. |
Tradesmen’s Rights Regulation Act 1946 | Section 6— Omit “Department of Employment and Industrial Relations” from the definition of “the Department”, substitute “Department of Industrial Relations”. |
Wool Tax (Administration) Act 1964 | Section 23— (1) Omit from sub-section (5) “sub-section (1) of section twenty of this Act”, substitute “sub-section 20 (1)”. (2) Omit the penalty set out at the foot thereof, substitute the following penalty: “Penalty: $400.”. |
SCHEDULE 2
Section 116
AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS III, X AND XV
Act | Amendments |
Defence Force Retirement and Death Benefits Act 1973 | Section 3— (1) Omit sub-paragraph (b) (ii) of the definition of “eligible member of the Defence Force” in sub-section (1), substitute the following sub-paragraph: “(ii) who is serving on continuous full time service; and”. (2) Omit paragraphs (b) and (c) of the definition of “Reserve” in sub-section (1), substitute the following paragraphs: “(b) in relation to a member of the Army—the Inactive Australian Army Reserve; and (c) in relation to a member of the Air Force—the Air Force General Reserve;”. |
Defence (Parliamentary Candidates) Act 1969 | Section 5— Omit paragraphs (b) and (c) of the definition of “Reserve” in subsection (1), substitute the following paragraphs: “(b) the Inactive Australian Army Reserve; or (c) the Air Force General Reserve;”. Section 9— Omit from paragraph (a) “the Citizen Naval Forces, the Regular Army Emergency Reserve, the Citizen Military Forces, the Citizen Air Force”, substitute “the Australian Naval Reserve, the Regular Army Emergency Reserve, the Australian Army Reserve, the Australian Air Force Reserve”. |
Defence (Re-establishment) Act 1965 | Section 6— (1) Omit from the definition of “Defence service” in sub-section (1) “a part of the Reserve Forces or of the Citizen Forces” (twice occurring), substitute “a part of the Emergency Forces or of the Reserve Forces”. (2) Omit from paragraph (a) of the definition of “member” in sub-section (1) “a part of the Reserve Forces or of the Citizen Forces”, substitute “a part of the Emergency Forces or of the Reserve Forces”. (3) Omit the definition of “the Citizen Forces” in sub-section (1), substitute the following definition: “‘the Emergency Forces’ has the same meaning as in the Defence Act 1903;”. Section 8— Omit “a part of the Reserve Forces or of the Citizen Forces”, substitute “a part of the Emergency Forces or of the Reserve Forces”. Section 9— Omit from sub-section (1) “a part of the Reserve Forces or of the Citizen Forces”, substitute “a part of the Emergency Forces or of the Reserve Forces”. |
Income Tax Assessment Act 1936 | Section 23— Omit from paragraph (s) “the Citizen Naval Forces, the Citizen Military Forces or the Citizen Air Force”, substitute “the Australian Naval Reserve, the Australian Army Reserve or the Australian Air Force Reserve”. |
Jury Exemption Act 1965 | The Schedule— (1) Omit— “Members of the Defence Force other than members of the Regular Army Reserve and members of the Citizen Forces”, substitute— “Members of the Defence Force other than members of the Reserve Forces”. |
SCHEDULE 2—continued
Act | Amendments |
| (2) Omit— “Members of the Regular Army Reserve or of the Citizen Forces who are rendering continuous service”, substitute— “Members of the Reserve Forces who are rendering continuous full time service”. |
Long Service Leave (Commonwealth Employees) Act 1976 | Section 12— Omit from paragraph (10) (a) “a part of the Reserve Forces or of the Citizen Forces”, substitute “a part of the Emergency Forces (within the meaning of the Defence Act 1903) or of the Reserve Forces (within the meaning of that Act)”. |
Public Service Act 1922 | Section 7— (1) Omit paragraph (a) of the definition of “specified defence service” in sub-section (1), substitute the following paragraph: “(a) continuous full time service in a part of the Emergency Forces or of the Reserve Forces;”. (2) Omit from the definition of “specified defence service” in sub-section (1) “a part of the Reserve Forces or of a part of the Citizen Forces”, substitute “a part of the Emergency Forces or of the Reserve Forces”. (3) Omit the definition of “the Citizen Forces” in sub-section (1), substitute the following definition: “ ‘the Emergency Forces’ has the same meaning as in the Defence Act 1903;”. |
Repatriation Act 1920 | Section 83— Omit sub-paragraphs (ga) (i), (ii), (iii) and (iv) of the definition of “Income” in sub-section (1), substitute the following sub-paragraphs: “(i) the Australian Naval Reserve; (ii) the Naval Emergency Reserve Forces; (iii) the Australian Army Reserve; (iv) the Australian Air Force Reserve;”. |
Social Services Act 1947 | Section 6— Omit paragraphs (a), (b), (c) and (d) of the definition of “Reserve Forces” in sub-section (1), substitute the following paragraphs: “(a) the Australian Naval Reserve; (b) the Naval Emergency Reserve Forces; (c) the Australian Army Reserve; (d) the Australian Air Force Reserve;”. |
SCHEDULE 3
Section 117
AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS XVIII AND XXI
Act | Amendments |
Bounty (Books) Act 1969 | Sub-section 3 (1)— Omit “Schools Commission Act 1973” from paragraph (b) of the definition of “recognised educational institution”, substitute “Commonwealth Schools Commission Act 1973”. |
Curriculum Development Centre Act 1975 | Section 3— (1) Insert after the definition of “Chairman” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Paragraph 11 (1) (d)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Section 47— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
Income Tax Assessment Act 1936 | Section 78— Omit from sub-paragraphs (1) (a) (liv), (lv) and (lvi) “Tertiary Education Commission Act 1977”, substitute “Commonwealth Tertiary Education Commission Act 1977”. |
Non-government Schools (Loans Guarantee) Act 1977 | Section 3— Insert after the definition of “Commonwealth Education Minister” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. Sub-section 4 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Section 10— Omit “Schools Commission” (wherever occurring), substitute “Commonwealth Schools Commission”. |
Overseas Students Charge Act 1979 | Sub-section 4 (1)— Omit “Tertiary Education Commission Act 1977” from the definition of “prescribed educational institution”, substitute “Commonwealth Tertiary Education Commission Act 1977”. |
Remuneration Act 1974 | Schedule— Omit “Schools Commission” (wherever occurring), substitute “Commonwealth Schools Commission”. |
Remuneration Tribunals Act 1973 | Sub-section 12a (1)— (1) Omit “Tertiary Education Commission Act 1977” from the definition of “college of advanced education”, substitute “Commonwealth Tertiary Education Commission Act 1977”. (2) Omit “Tertiary Education Commission Act 1977” from the definition of “university”, substitute “Commonwealth Tertiary Education Commission Act 1977”. |
Social Services Act 1947 | Sub-section 120a (4)— Omit “Tertiary Education Commission Act 1977”, substitute “Commonwealth Tertiary Education Commission Act 1977”. |
SCHEDULE 3—continued
Act | Amendments |
States Grants (Schools) Act 1972 | Section 7— (1) Omit from sub-section (3) “Schools Commission”, substitute “Commonwealth Schools Commission”. (2) Omit sub-section (6), substitute the following sub-section: “(6) In this section, “Commonwealth Schools Commission” means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973.”. |
States Grants (Schools) Act 1973 | Sub-section 3 (1)— (1) Insert after the definition of “certificate by a qualified accountant” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Section 6— Omit from sub-sections (4) and (5) “Schools Commission”, substitute “Commonwealth Schools Commission”. Paragraph 12 (1) (c)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Sub-paragraph 14 (1) (b) (iv)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Sub-paragraph 16 (1) (b) (iv)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Section 19— Omit from sub-sections (3) and (4) “Schools Commission”, substitute “Commonwealth Schools Commission”. Section 28— Omit from sub-sections (3) and (4) “Schools Commission”, substitute “Commonwealth Schools Commission”. Sub-paragraph 40 (1) (b) (iv)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Section 46— Omit from sub-sections (2) and (3) “Schools Commission”, substitute “Commonwealth Schools Commission”. Sub-paragraph 50 (1) (b) (iv)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. Section 52— Omit “Schools Commission” (wherever occurring), substitute “Commonwealth Schools Commission”. |
States Grants (Schools) Act 1976 | Sub-section 3 (1)— (1) Insert after the definition of “Commonwealth Education Minister” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Sub-section 65 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
SCHEDULE 3—continued
Act | Amendments |
States Grants (Schools Assistance) Act 1976 | Sub-section 3 (1)— (1) Insert after the definition of “Commonwealth Education Minister” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Sub-section 51 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
States Grants (Schools Assistance) Act 1977 | Sub-section 3 (1)— (1) Insert after the definition of “Commonwealth Education Minister” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Sub-section 48 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
States Grants (Schools Assistance) Act 1978 | Sub-section 3 (1)— (1) Insert after the definition of “Commonwealth Education Minister” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Sub-section 55 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
States Grants (Schools Assistance) Act 1979 | Sub-section 3 (1)— (1) Insert after the definition of “Commonwealth Education Minister” the following definition: “ ‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Sub-section 54 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
States Grants (Schools Assistance) Act 1980 | Sub-section 3 (1)— (1) Insert after the definition of “Commonwealth Education Minister” the following definition: “‘Commonwealth Schools Commission’ means the Commonwealth Schools Commission established by the Commonwealth Schools Commission Act 1973;”. (2) Omit the definition of “Schools Commission”. Sub-section 60 (1)— Omit “Schools Commission”, substitute “Commonwealth Schools Commission”. |
States Grants (Tertiary Education Assistance) Act 1977 | Sub-section 3 (1)— (1) Omit “Tertiary Education Commission Act 1977” from paragraph (a) of the definition of “college of advanced education”, substitute “Commonwealth Tertiary Education Commission Act 1977”. |
SCHEDULE 3—continued
Act | Amendments |
| (2) Omit the definition of “Commission”, substitute the following definition: “ ‘Commission’ means the Commonwealth Tertiary Education Commission established by the Commonwealth Tertiary Education Act 1977;”. (3) Omit “Tertiary Education Commission Act 1977” from paragraph (b) of the definition of “technical and further education institution”, substitute “Commonwealth Tertiary Education Commission Act 1977”. (4) Omit “Tertiary Education Commission Act 1977” from the definition of “University”, substitute “Commonwealth Tertiary Education Commission Act 1977”. Section 31— Omit “Tertiary Education Commission Act 1977” (wherever occurring), substitute “Commonwealth Tertiary Education Commission Act 1977”. |
States Grants (Tertiary Education Assistance) Act 1978 | Sub-section 3 (1)— (1) Omit “Tertiary Education Commission Act 1977” from paragraph (a) of the definition of “college of advanced education”, substitute “Commonwealth Tertiary Education Commission Act 1977”. (2) Omit the definition of “Commission”, substitute the following definition: “ ‘Commission’ means the Commonwealth Tertiary Education Commission established by the Commonwealth Tertiary Education Act 1977;”. (3) Omit “Tertiary Education Commission Act 1977” from paragraph (b) of the definition of “technical and further education institution”, substitute “Commonwealth Tertiary Education Commission Act 1977”. (4) Omit “Tertiary Education Commission Act 1977” from the definition of “university”, substitute “Commonwealth Tertiary Education Commission Act 1977”. Section 34— Omit “Tertiary Education Commission Act 1977” (wherever occurring), substitute “Commonwealth Tertiary Education Commission Act 1977”. |
Tertiary Education Commission Act 1977 | Sub-section 4 (1)— Omit “Schools Commission Act 1973” from the definition of “school”, substitute “Commonwealth Schools Commission Act 1973”. |
Trade Union Training Authority Act 1975 | Sub-section 14 (1)— Omit from paragraph (h) “Tertiary Education Commission”, substitute “Commonwealth Tertiary Education Commission”. Sub-section 17 (5)— Omit “Tertiary Education Commission”, substitute “Commonwealth Tertiary Education Commission”. |
SCHEDULE 4 Section 118
REPEAL OF ACTS
PART I—SUPPLY ACTS
Supply Act (No. 1) 1973-74
Supply Act (No. 2) 1973-74
Supply Act (No. 3) 1973-74
Supply Act (No. 1) 1974-75
Supply Act (No. 2) 1974-75
Supply Act (No. 1) 1975-76
Supply Act (No. 2) 1975-76
Supply Act (No. 1) 1976-77
Supply Act (No. 2) 1976-77
Supply Act (No. 1) 1977-78
Supply Act (No. 2) 1977-78
Supply Act (No. 1) 1978-79
Supply Act (No. 2) 1978-79
Supply Act (No. 1) 1979-80
Supply Act (No. 2) 1979-80
PART II—APPROPRIATION ACTS
Appropriation Act (No. 1) 1973-74
Appropriation Act (No. 2) 1973-74
Appropriation Act (No. 3) 1973-74
Appropriation Act (No. 4) 1973-74
Appropriation Act (No. 5) 1973-74
Appropriation Act (No. 1) 1974-75
Appropriation Act (No. 2) 1974-75
Appropriation Act (No. 3) 1974-75
Appropriation Act (No. 4) 1974-75
Appropriation Act (No. 5) 1974-75
Appropriation Act (No. 6) 1974-75
Appropriation Act (No. 1) 1975-76
Appropriation Act (No. 2) 1975-76
Appropriation Act (No. 3) 1975-76
Appropriation Act (No. 4) 1975-76
Appropriation Act (No. 1) 1976-77
Appropriation Act (No. 2) 1976-77
Appropriation Act (No. 3) 1976-77
Appropriation Act (No. 4) 1976-77
Appropriation Act (No. 1) 1977-78
Appropriation Act (No. 2) 1977-78
Appropriation Act (No. 3) 1977-78
Appropriation Act (No. 4) 1977-78
Appropriation Act (No. 1) 1978-79
Appropriation Act (No. 2) 1978-79
Appropriation Act (No. 3) 1978-79
Appropriation Act (No. 4) 1978-79
Appropriation Act (No. 1) 1979-80
Appropriation Act (No. 2) 1979-80
Appropriation Act (No. 3) 1979-80
PART III—VALIDATING ACTS
Customs Tariff Validation Act 1973
Customs Tariff Validation Act (No. 2) 1973
Customs Tariff Validation Act 1974
Customs Tariff Validation Act (No. 2) 1974
Customs Tariff Validation Act (No. 3) 1974
Customs Tariff Validation Act 1975
Customs Tariff Validation Act 1976
Customs Tariff Validation Act (No. 2) 1976
Customs Tariff Validation Act 1977
SCHEDULE 4—continued
Customs Tariff Validation Act (No. 2) 1977
Customs Tariff Validation Act (No. 3) 1977
Customs Tariff Validation Act 1978
Customs Tariff Validation Act 1979
Customs Tariff Validation Act (No. 2) 1979
Customs Tariff Validation Act 1980
Excise Tariff Validation Act 1979
PART IV—GRANTS ACTS
Local Government Grants Act 1974
Local Government Grants Act 1975
New South Wales Grant (Flood Mitigation) Act 1971
New South Wales Grant (Flood Mitigation) Act 1973
New South Wales Grant (Gwydir River Dam) Act 1969
New South Wales Grant (Namoi River Weirs) Act 1976
Queensland Grant (Bundaberg Irrigation Works) Act 1970
Queensland Grant (Bundaberg Irrigation Works) Act 1974
Queensland Grant (Clare Weir) Act 1974
Queensland Grant (Dawson River Weirs) Act 1973
Queensland Grant (Kinchant Dam) Act 1973
Queensland Grant (Maraboon Dam) Act 1968
Queensland Grant (Ross River Dam) Act 1974
Queensland Grant (Special Assistance) Act 1976
Queensland Grant (Special Assistance) Act 1977
Queensland Grant (Special Assistance) Act 1978
South Australia Grant (Lock to Kimba Pipeline) Act 1973
South Australia Grant (Tailem Bend to Keith Pipeline) Act 1969
States Grants (Capital Assistance) Act 1973
States Grants (Capital Assistance) Act 1974
States Grants (Capital Assistance) Act 1976
States Grants (Capital Assistance) Act (No. 2) 1976
States Grants (Capital Assistance) Act 1977
States Grants (Capital Assistance) Act 1978
States Grants (Debt Charges Assistance) Act 1970
States Grants (Drought Reimbursement) Act 1968
States Grants (Housing Assistance) Act 1977
States Grants (Milk for School Children) Act 1950
States Grants (Nursing Homes) Act 1969
States Grants (Research) Act 1965
States Grants (Research) Act 1966
States Grants (Special Assistance) Act 1972
States Grants (Special Assistance) Act 1973
States Grants (Special Assistance) Act 1974
States Grants (Special Assistance) Act 1975
States Grants (Water Resources Assessment) Act 1973
States Grants (Water Resources Assessment) Act 1974
Tasmania Grant (Cressy-Longford Irrigation Works) Act 1969
Tasmania Grant (Associated Pulp and Paper Mills Limited) Act 1975
Tasmania Grant (The Mount Lyell Mining and Railway Company Limited) Act 1977
Tasmania Grant (The Mount Lyell Mining and Railway Company Limited) Amendment Act 1978
Tasmania Grant (The Mount Lyell Mining and Railway Company Limited) Amendment Act (No. 2) 1978
Victoria Grant (King River Dam) Act 1969
Victoria Grant (Millewa Pipelines) Act 1972
Victoria Grant (River Murray Salinity) Act 1968
Victoria Grant (Seymour Flood Mitigation) Act 1975
PART V—LOAN ACTS
Australian National Airlines Commission Equipment Act 1967
Loan (Airlines Equipment) Act 1964
Loan (Airlines Equipment) Act 1966
Loan (Airlines Equipment) Act 1967
SCHEDULE 4—continued
Loan (Airlines Equipment) Act 1968
Loan (Australian Wheat Board) Act 1971
Loan (Australian Wheat Board) Act 1972
Loan (Defence) Act 1966
Loan (Defence) Act 1968
Loan (Defence) Act 1970
Loan (Defence) Act (No. 2) 1970
Loan (Defence) Act 1971
Loan (Emergency Wheat Storage) Act 1955
Loan (Housing) Act 1970
Loan (Qantas Airways Limited) Act 1967
Loan (Qantas Airways Limited) Act 1968
Loan (Short-Term Borrowings) Act 1959
Loans (Australian National Airlines Commission) Act 1968
Loans (Australian National Airlines Commission) Act 1969
Loans (Australian National Airlines Commission) Act 1974
Loans (Qantas Airways Limited) Act 1971
PART VI—BOUNTY ACTS
Bounty (Dental Alloys) Act 1979
Bounty (Drilling Machines) Act 1978
Bounty (Drilling Machines) Amendment Act 1978
Cellulose Acetate Flake Bounty Act 1956
Cellulose Acetate Flake Bounty Act 1958
Cellulose Acetate Flake Bounty Act 1959
Cellulose Acetate Flake Bounty Act 1961
Cellulose Acetate Flake Bounty Act (No. 2) 1961
Cellulose Acetate Flake Bounty Act 1964
Cellulose Acetate Flake Bounty Act (No. 2) 1964
Cellulose Acetate Flake Bounty Act 1965
Cellulose Acetate Flake Bounty Act 1966
Cellulose Acetate Flake Bounty Act 1969
Cellulose Acetate Flake Bounty Act 1970
Cellulose Acetate Flake Bounty Act 1971
Cellulose Acetate Flake Bounty Act 1973
Copper Bounty Act 1958
Copper Bounty Act 1960
Copper Bounty Act (No. 2) 1960
Copper Bounty Act 1963
Copper Bounty Act 1965
Metal Working Machine Tools Bounty Act 1972
Metal Working Machine Tools Bounty Amendment Act 1978
Processed Milk Products Bounty Act 1962
Processed Milk Products Bounty Act 1963
Processed Milk Products Bounty Act 1965
Processed Milk Products Bounty Act 1967
Processed Milk Products Bounty Act 1968
Processed Milk Products Bounty Act 1970
Processed Milk Products Bounty Act (No. 2) 1970
Processed Milk Products Bounty Act 1972
Refrigeration Compressors Bounty Act 1975
PART VII—MISCELLANEOUS ACTS
Airline Equipment (Loan Guarantee) Act 1968
Airline Equipment (Loan Guarantee) Act 1969
Australian Coastal Shipping Agreement Act 1956
Coal Industry Act 1957
Coal Loading Works Agreement (Queensland) Act 1962
Coal Loading Works Agreement (New South Wales) Act 1961
Children’s Commission Act 1975
Commonwealth Bureau of Roads (Repeal) Act 1977
SCHEDULE 4—continued
Currency Act 1963
Dairy Produce Export Charge Repeal Act 1965
Dairy Produce Levy Repeal Act 1965
Decimal Currency Board Act 1965
Decimal Currency Board (Abolition) Act 1969
Fisheries (Papua New Guinea Boats) Act 1974
Gold Mines Development Assistance Act 1962
Gold Mining Industry Assistance Act 1954
Gold Mining Industry Assistance Act 1956
Gold Mining Industry Assistance Act 1957
Gold Mining Industry Assistance Act 1959
Gold Mining Industry Assistance Act 1961
Gold Mining Industry Assistance Act 1962
Gold Mining Industry Assistance Act 1965
Gold Mining Industry Assistance Act 1968
Gold Mining Industry Assistance Act 1970
Gold Mining Industry Assistance Act 1972
High Commissioner (United Kingdom) Act Repeal Act 1973
International Sugar Agreement Act 1969
International Tin Agreement Act 1971
Legislative Assembly of the Northern Territory (Remuneration and Allowances) Act 1978
Liquefied Gas (Road Vehicle Use) Tax (Repeal) Act 1980
Loan (Farmers Debt Adjustment) Repeal Act 1979
Meat Export Charge Act 1973
Meat Export Charge Amendment Act 1976
Meat Export Charge Collection Act 1973
Meat Legislation Repeal Act 1968
Mental Institution Benefits Act 1948
Nationality and Citizenship (Burmese) Act 1950
Natural Gas Pipeline (South Australia) Agreement Act 1967
New Zealand Re-exports (Repeal) Act 1977
Officers’ Rights Declaration Act 1968
Public Service (Permanent Head—Dual Appointment) Act 1977
Referendum (Constitution Alteration) Modification Act 1977
Road Safety and Standards Authority (Repeal) Act 1976
Sugar Industry Assistance Act 1967
Sugar Marketing Assistance Agreement Act 1967
Trade Agreement (Brazil) Act 1939
Trade Agreement (Czechoslovakia) Act 1936
Trade Agreement (France) Act 1936
Trade Agreement (Greece) Act 1940
Trade Agreement (South Africa) Act 1936
Trade Agreement (Switzerland) Act 1938
War Service Land Settlement Agreements Act 1945
Wool (Deficiency Payments) Act 1971
Wool (Deficiency Payments) Act 1972
Wool Reserve Prices Plan Referendum Act 1965
SCHEDULE 5
Section 119
REPEAL OF CERTAIN INCORPORATING ACTS
PART I—TAX ACTS AND HEALTH INSURANCE LEVY ACTS
Division 1—Tax Acts
Income Tax Act 1972
Income Tax Act 1973
Income Tax Act 1974
Income Tax Act 1975
Income Tax (Individuals) Act 1976
Income Tax (Companies and Superannuation Funds) Act 1976
Income Tax (Individuals) Act 1977
Income Tax (Companies and Superannuation Funds) Act 1977
Income Tax (Companies and Superannuation Funds) Amendment Act 1977
Income Tax (Individuals) Act 1978
Income Tax (Companies and Superannuation Funds) Act 1978
Income Tax (Companies and Superannuation Funds) Amendment Act 1978
Income Tax (Individuals) Act 1979
Income Tax (Companies and Superannuation Funds) Act 1979
Division 2—Health Insurance Levy Acts
Health Insurance Levy Act (No. 2) 1976
Health Insurance Levy Act 1977
Health Insurance Levy Act 1978
PART II—SENATE ELECTIONS ACTS
Senate Elections Act 1903
Senate Elections Act 1922
Senate Elections Act 1966
NOTES
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.