1987
TH~PA~LIAMENT OF THE COMMONWEAI.TH OF AI1cT~AT,TA
SENATE
STATVT~ I~AW (MI$CELJ~ANEoUS PROVI$IONS) BITT
(NO
1)
198w
EXPLANATORY MEMORANDUM
(This memorandum takes into account an amendment to the Bill
made in the House of Representatives and includes some
minor formal corrections to the Memorandum circulated
in the House of Representatives)
(C~.rculat~
by authority Qf ~
Mini ~cj-~r
t?pres?nting the Attorn~y—G~n~ral)
11945/87
Cat, No.874507 2
Printed by Authority by the Commonwealth Government Printer
TABLE OF CONTENTS
Page
General Outline
1
Clause 1
—
Short Title
2
Clause 2
—
Commencement
2
Clause 3
-
Amendments of Acts
2
Clause 4
—
Repeals
2
Clause 5
—
Transitional Provisions
3
SCHEDULE 1
Amendments of Acts
Page
Administrative Decisions (Judicial Review) Act 1977
4
Anglo—Australian Telescope Agreement Act 1970
4
Arbitration (Foreign Awards and Agreements) Act 1974
5
Audit Act 1901
5
Australia—Japan Foundation Act 1976
11
Australian Apple and Pear Corporation Act 1973
12
Australian Bureau of Statistics Act 1975
12
Australian Capital Territory Electricity
14
Supply Act 1962
Australian Centre for International Agricultural
15
Research Act 1982
Australian Citizenship Act 1948
16
Australian Institute of Sport
16
(Consequential
Provisions) Act 1986
Australian Security Intelligence Organization
17
Act 1979
Australian Tourist Commission Act 1967
17
Australian Trade Commission Act 1985
17
Australian Trade Commission (Transitional Provisions
18
and Consequential Amendments) Act 1985
Automotive Industry Authority Act 1984
18
Barley Research Levy Act 1980
18
Bass Strait Freight Adjustment Trust Fund
19
Act 1984
Cheques and Payment Orders Act 1986
20
Commonwealth Prisoners Act 1967
21
Complaints (Australian Federal Police) Act 1981
22
Crimes Act 1914
26
Customs Act 1901
28
Customs Administration (Transitional Provisions and
29
Consequential Amendments) Act 1986
Dairy Produce Act 1986
29
Defence Force Re—organisation Act 1975
30
Director of Public Prosecutions Act 1983
30
Export Control Act 1982
31
Export Inspection Charges Collection Act 1985
32
Export Market Development Grants Act 1974
33
Family Law Act 1975
36
Federal Court of Australia Act 1976
37
First Home Owners Act 1983
37
Health Insurance Act 1973
39
Health Legislation Amendment Act 1986
40
Health Legislation Amendment Act (No.2) 1986
40
Honey Industry Act 1962
40
Housing Loans Insurance Act 1965
41
Human Rights and Equal Opportunity
43
Commission Act 1986
Income Tax Assessment Amendment (Capital
44
Gains) Act 1986
Income Tax Assessment Amendment (Research
44
and Development) Act 1986
Inspector—General of Intelligence and
45
Security Act 1986
Intelligence and Security (Consequential
45
Amendments) Act 1986
International Organizations (Privileges and
46
Immunities) Act 1963
Local Government (Financial Assistance)
46
Act 1986
Management and Investment Companies Act 1983
47
Meat Inspection Act 1983
48
Migration Act 1958
48
National Companies and Securities Commission
50
Act 1979
National Crime Authority Act 1984
51
National Measurement Act 1960
52
National Museum of Australia Act 1980
59
National Water Resources (Financial Assistance) Act 1978
60
Navigation Act 1912
61
Non—government Schools (Loans Guarantee) Act 1977
65
Pig Industry Act 1986
66
Protection of the Sea Legislation Amendment
66
Act 1986
Protection of the Sea (Prevention of POllution
66
from Ships) Act 1983
Public Order (Protection of Persons and Property)
67
Act 1971
Public Service Act 1922
68
Public Service Legislation (Streamlining) Act 1986
72
Quarantine Act 1908
72
Removal of Prisoners (Australian CapitalTerritory)
73
Act 1968
Removal of Prisoners (Territories) Act 1923
73
Shipping Registration Act 1981
74
Social Security and Repatriation Legislation
75
Amendment Act 1984
South Pacific Nuclear Free Zone Treaty Act 1986
75
Statute Law (Miscellaneous Provisions) Act
76
(No.1) 1986
Statute Law (Miscellaneous Provisions) Act
(No.2) 1986
76
Student Assistance Act 1973
76
Superannuation Legislation Amendment Act
77
(No.2) 1986
Taxation Laws Amendment Act (No.2) 1986
77
Trade Practices Act 1974
77
Wheat Tax Act 1957
78
Wi],dlUe Protection (Regulation of Exports and
78
Imports) Amendment Act 1986
Wine Grapes Levy Collection Act 1979
78
SCHEDULE 2
Z~eoeal of Acts
Commonwealth Aid Roads Act 1969
80
Dairy Products (Export Inspection Charge) Act 1q82
80
Dairy Products (Export Inspection Charge) Amendment
80
Act 1984
Dairy Products (Export Inspection Charge) Collection
81
Act 1982
Dairy Products (Export Inspection Charge) Collection
81
Amendment Act 1984
Dried Fruit (Export Inspection Charge) Act 1981
81
Dried Fruit (Export Inspection Charge) Collection
81
Act 1981
Eggs (Export Inspection Charge) Act 1982
81
Eggs (Export Inspection Charge) Amendment Act 1983
81
Eggs (Export Inspection Charge) Amendment Act 1984
81
Eggs (Export Inspection Charge) Collection Act 1982
81
Eggs (Export Inspection Charge) Collection Amendment
81
Act 1984
Egg Export Legislation Repeal Act 1984
81
Export Inspection Legislation (Consequential Amendments)
81
Act 1985
Fish (Export Inspection Charge) Act 1981
81
Fish (Export Inspection Charge) Collection Act 1981
82
Grain (Export Inspection Charge) Act 1979
82
Grain (Export Inspection Charge) Amendment Act 1983
82
Grain (Export Inspection Charge) Collection Act 1979
82
Railway Agreement (New South Wales and South Australia)
80
Act 1968
Railway Agreement (Queensland) Act 1961
80
Railway Agreement (Queensland) Act 1968
80
Railway Agreement (Tasmania) Act 1971
80
Railway Equipment Agreement (South Australia)
80
Act 1961
STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL (NO.1) 1987
General Outline
The amendments made by this Bill have a number of purposes
such as the tidying up, correction or updating of
legislation.
Other amendments implement changes that are of
minor policy significance or are of a routine administrative
nature.
None of the amendments made by this Bill has any
significant financial impact.
—2—
Cl. 1
—
Short title
Fo rma 1
Clause 2
-
Commencement
Cl.2(1) provides that, subject to the succeeding special
provisions, the Bill shall come into operation on receiving
the Royal Assent.
Special provision for the commencement of amendments to
specified Acts contained in Schedule 1 is made by cl.2(2) to
(35);
references to special commencement provisions are made
in notes on the relevant provisions.
In the absence of any
special commencement provisions the amendments will come into
force on the day on which Royal Assent is given.
Clause 3
—
Amendments of Acts
This clause provides that the Acts specified in Schedule 1 are
amended as set out in that Schedule.
Clause 4
—
Repeal
This clause provides that the Acts specified in Schedule 2 are
repealed.
—3—
Clause 5
—
Transitional provisions
C1.5(l) provides that, unless there is express provision to
the contrary, any act done or decision made under the
provisions amended or repealed and re-enacted has effect after
the amendment or repeal as if it had been done or made
pursuant to the provisions as so amended or re—enacted.
Transitional provisions in cl.5(2) to (19) relating to
specific Acts are referred to in the explanation of the
amendments in Schedule 1.
—4—
SCHEDULE 1
Amendments of Acts
Administrative Decisions (Judicial P~view) Act 19~7
Proposed amendments of Schedule2 make an amendment
consequential upon abolition of return endorsements by
proposed amendments in this Bill to the MigratiOn Act 1958.
The amendments also confirm that the requirement under the Act
to give reasons for decisions does not apply to decisions on
selection for higher duties ordecisiOns on higher duties
appeals in the Aüstraliañ Public Service.
Angjô—Australian Telescope
Agr~~rn~nF
Act 197-Q~
Proposed amendment of the long title results from the pr6posed
expansion of the functions and powers of the Anglo—Australian
Telescope Board established under the Act.
It is propOsed
that the Anglo—Australian Telescope Board should not be
limited in its functions to the operation and management of
the Anglo—Australian Telescope only in accOrdance with the
agreement annexed to the Act.
Proposed new s. 8k is inserted to enable the AnglO—Aüstràlian
TelesdOpe Board toundert~akësuch additional functiOns’ as are
conferred on it bythe regulations.
‘
—5—
Proposed amendment of s.13(2) confines the operation of the
sub—section to moneys expended in accordance with the
Anglo—Australian Telescope Agreement.
Proposed new
~
is added to enable the Governor-General to
make regulations prescribing all matters required or permitted
by the Act to be prescribed or necessary or convenient to be
prescribed for carrying out or giving effect to the Act.
Arbitrati~n (eiqn
Awards and Agreements) Açj 1974
Proposed new s.1QA is inserted to allow the Secretary to the
Department of Foreign Affairs to delegate to officers of the
Department the power to issue certificates under s.l0.
S.10(1) empowers the Secretary to issue a certificate stating
that a country is, or was at a time specified, a party to the
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards.
Audit Act 1901
Proposed amendment in s.2(l) of the definition of “prdinance”
is made as a consequence of the amendments to s.63C.
Under the current definition of “prescribed authority” in
s.2(1),~ organisations which are not bodies (e.g. the
Auditor—Generals Office) or which were not established under
an enactment (e.g., the Inter—State Commission which was
—6—
established under the Constitution) could not be prescribed.~
Proposed amendment to the definition enables such
organisations
or bodies to become prescribed
authorities
and
thus “Departments” for the purposes of the Act.
Proposed new s.llA is inserted to provide for the
Auditor—General to prepare and send to Parliament annual
reports on Audit Office activities, and to permit the
inclusion in such reports of references to efficiency auditing
as required by s.48G~ It is envisaged that normally a report
under new s.11A would be tabled before the report under
s.51(1).
Proposed repeal of ~
eliminates the requirement for the
Governor-General~swarrant and the Auditor—Generals
certificate.
The new s.32 proposed to be inserted provides
instead for the Minister for Finance to make payments from the
Commonwealth Public Account in accordance with an
appropriation by authorising the Secretary of the Department
of Finance to draw an amount (not exceeding the appropriation)
from the Commonwealth Public AcOount.
Proposed repeal of ~
and substitution ofa new s.33 makes
amendments consequential upon the substitution ofne*.~s.3~.
Cl.5(2) provides that ss.32 and 33 in their present form
continue to apply-, along with other provisions of the Act, in
relation to warrants issued before the commencement of cl.5.
—7—
Proposed amendments to s.34 will require a Certifying Officer
to indicate, in such manner as is approved by the Minister for
Finance, that a payment may properly be made.
S.34 currently
requires that a Certifying Officer give a certificate in
writing to that effect.
The amendment will facilitate the use
of computer-accounting systems by enabling “electronic
signatures” to be given.
By virtue of cl.2(2) of this Bill the amendments of s.34 shall
come into operation on a day to be fixed by Proclamation.
Proposed amendment of s.41D inserts reporting provisions
similar to those contained in s.63H.
S.41D currently provides
for the accounts and financial statements of a Departments
“special operations” to be audited by the Auditor-General, but
it does not require Departments to prepare reports on such
special operations.
The amendments will require Departments
to report to their Ministers on their special operations in a
manner similar to that required of a body to which Part XI of
the Act applies and which keeps its accounts in accordance
with commercial practice.
Proposed amendment of s.48C(3) is consequential upon the
proposed repeal of s.48H.
Proposed amendment of s.48G is consequential on the proposed
insertion of new s.11A.
—8—
It is proposed to repeal s.48H, which provides for the
Auditor—General to levy a fee for an efficiency audit carried
out on a relevant body (other than a Department) as determined
by the Minister for Finance.
It is accepted that it is
inappropriate for fees to be charged where such audits are not
performed at the request of the body audited.
Proposed amendment of s.49(1)(a), to substitute “Commonwealth
Public Account” for “the Commonwealth”, will exclude
transactions in bank accounts opened under s.21(1)(b), and
thus avoid the risk of “double-counting”, because those
transactions are subsequently reflected in the Commonwealth
Public Account.
The other amendment of s.49(l) is a formal
amendment.
By virtue of cl.2(3) of this Bill, the amendment of s.49(1)(a)
shall come into operation on 1 July 1987.
Proposed amendment of s.49(2), which provides that the format
of the monthly statement may be varied only with the prior
approval of both Houses of Parliament, is to provide that the
format may be changed at the discretion of the Minister for
Finance.
Proposed new s.49(3) will require that details and
explanation of any variation in the format be tabled in
Parliament.
Proposed amendment of
~
will limit the reporting of
breaches of the Constitution or legislation to those which
are, in the opinion of the Auditor-General, of sufficient
—9—
importance to warrant reporting.
At present, s.51(1) requires
the reporting of all breaches of whatever magnitude.
In
effect, under the amendment the Auditor-General will be
reporting by exception on material matters, and reports on
trivial or inconsequential matters then become unnecessary.
Proposed amendment of ~54
is in consequence of the proposed
insertion of new s.11A.
It is proposed to repeal s.57(2).
The effect of s.57 is that,
should the Parliament pass a Loan Act which did not contain
the details required under s.57(2), then the Minister for
Finance could not lawfully expend the moneys covered by that
Act.
Thus, the intention of such an Act, although expressing
the will of Parliament, could be frustrated.
Proposed amendment to s.63C(2) extends that provision to cover
bodies established under the laws of External Territories and
will enable Part XI of the Audit Act to be applied to such
bodies.
Proposed amendments of ss.63H and 63M, which deal with the
auditing of some public authorities, limit the
Auditor—Generals obligation to report breaches of the
authoritys legislation to important breaches.
corresponds to the amendment of s.51.
This amendment
—
10
—
Proposed amendments to s.63P make it clear that, in addition
to auditing the accounts and records of the various bodies
covered by the section, the Auditor—General may audit the
financial statements of those bodies and report on the results
of those audits.
The amendments also have the effect that a
request for audit should be read as authorising a continuous
audit (i.e., year by year audit).
Proposed new s.63P(2A) adds
a requirement that the Auditor-General report on such audits
to the requesting Minister.
It is intended that these
provisions will apply as an extension of existing arrangements
without the need to renegotiate those arrangements.
Proposed amendments of ss.64 to 68 update the existing
penalties and include pecuniary penalties as an alternative to
terms of imprisonment.
Proposed amendments of s.7OAA update references to Departments
and office—holders.
Proposed amendment of s.7OAB(1) is to enable regulations to be
made to re-establish under Part XIIA the policy adopted by
previous governments, and arising directly from the policy of
self—insurance, that the liability of Commonwealth drivers for
the cost of replacing or repairing damaged vehicles should be
the same as for a driver in the private sector who is covered
by motor vehicle insurance.
That is, a Commonwealth driver
—
11
—
should be held liable only for damage to a vehicle if he or
she was using the vehicle without authority or was convicted
of a charge of driving under the influence of alcohol or drugs.
Proposed new s.72(5A) is inserted to permit the Secretary to
the Department of Finance to give directions to delegates on
the manner in which they exercise their delegations.
Proposed amendments to headings above Schedule 2 and Form 4
are formal drafting amendments.
Proposed amendments to
Schedule 2 are consequential upon the proposed amendment of
s.32.
Australia—Japan Foundation Act 1976
Proposed insertion of new s.24A requires the Foundation to
keep proper accounts and records and maintain appropriate
controls over expenditure, assets and liabilities.
Proposed new s.24B provides for audit of the Foundation’s
financial affairs by the Auditor—General and requires him to
report to the Minister annually.
The proposed amendment is
designed to bring the accounting requirements and audit
provisions of the Act into line with the standard provisions
in the Audit Act 1901 and the legislation of most of the other
statutory bodies.
—
12
—
Proposed amendment of s.25 will require the Auditor-General to
give an opinion, rather than, as now, an unqualified
determination, on the appropriateness or otherwise of the
Foundation’s financial statements and activities.
Australian A~nleand Pear Corporation Act 1973
Amendments of s.37(3)(a), (b) and (c) will require the
Auditor-General to give an opinion, rather than, as now, an
unqualified determination, on the appropriateness or otherwiSe
of the Corporation’s financial statements and activities.
The amendment of s.37(3)(b) will also require the
Auditor-General to express his opinion on the accuracy of the
picture presented by the statements, whether or not the
Corporation has been engaging in trading activities.
Australian Bureau of Statistics Act 1975
Proposed amendments of ~
provide for the replacement of
“Chairman” with “Chairperson”.
By virtue of cl.5(3) and (4) of this Bill, a person holding
office as Chairman immediately before the commencement of cl.5
shall, as from that date, be deemed to have been appointed as
Chairperson of that Council for the remainder of the term for
which the person was appointed as Chairman.
—
13
—
Proposed repeal of s.4(1) is consequential to the repeal of
s.4 of the Census and Statistics Act 1905 in 1977.
Proposed amendments of s.4(2) are formal drafting amendments.
Proposed amendments of ss.5. 6. 7, 8. 9(1). 12, 15. 19(1) and
(2). 20, 21(1) and 22(2).
(4) and (5) make the language
gender—neutral.
Proposed amendments of ss.9(3), 16(1),
16(4) and (5) and 21(3)
are to bring references to legislation into line with the
current mode of citation.
Proposed replacement of ~JJ~ with a new provision is to make
the language gender—neutral and otherwise achieve conformity
with current drafting practice.
Proposed repeal of ss.14 and 23 is consequential on the
inclusion of all matters presently in those sections in the
Superannuation Act 1976.
Proposed repeal of s.l6(2) and the insertion of a replacement
s.16(2) and a new s.16(2A) are to enable employment of ABS
staff for specific tasks outside their normal duties, whether
or not under the Public Service Act, such as conducting
periodical censuses.
14
—
—
Proposed amendment of s.19(3) is to allow the Chief Minister
of the Northern Territory to nominate a person to the
Australian Statistics Advisory Council.
This will give the
Chief Minister the same rights as the State Premiers in this
context.
Proposed amendment of s.22(l) is to indicate that the
Australian Statistics Advisory Council shall meet at least
once in every calendar year.
Proposed repeal of s.22(8) is
consequential on the amendment.
Proposed repeal of s.24(4) is to remove a spent provision.
Australian Capital Territory Electricity Supply Act 1962
Proposed amendment of ~4
deletes the definition of “financial
year”, which is now defined in the Acts Interpretation Act
1901, and the obsolete definitions of “House of Assembly” and
“the elected member”.
S.6(3) providing for election of a member to the ACT
Electricity Authority by the former House of Assembly is to be
repealed and proposed new s.6(3) is to be inserted to empower
the Governor-General to appoint a member who will hold office
for a period of up to 3 years.
Proposed amendments of ss.6(5)
and (6) make consequential.deletions.
—
Ss.6(7), (8),
15
—
(10), (11) and 10(3) are to be omitted because
they relate to the member elected by the former House of
Assembly.
Proposed amendments of s.ll(4) and (5) delete references to
the elected member and substitute references to the member
appointed by the Governor-General.
These sub-sections deal
with the remuneration of the member appointed by the
Governor—General and a person acting in the place of that
member.
Australian Centre for International Agricultural
Research Act 1982
Proposed new section s.38A is inserted to require the Centre
to keep proper accounts and records and maintain appropriate
controls over expenditure, assets and liabilities.
Proposed new s.38B is inserted to require audit of the
Centre’s financial affairs by the Auditor—General, who is to
report to the Minister annually.
The proposed amendments are designed to bring the accounting
requirements and audit provisions of the Act into line with
the standard provisions in the Audit Act 1901 and the
legislation of most of the other statutory bodies.
—
16
—
Australian Citizenshia Act 1948
Proposed amendment in s.5(1) of the definition of “return
endorsement” is a consequence of the proposed abolition by
this Bill of return endorsements in the Migration Act 1958.
Proposed insertion in s.5(1) of a new definition of “visa” is
in consequence of proposed amendments in this Bill to the
Migration Act.
Proposed amendments of ~
will allow the holder of a visa in
a class prescribed by regulations to be treated as a permanent
resident of Australia while outside Australia.
The amendments
will ensure that, although return endorsements under the
Migration Act are to be abolished, holders of the new class of
visas allowing return travel to Australia, which will replace
return endorsements, will also be treated as permanent
residents of Australia while outside Australia.
Australian Institute of Sport (Consequential Provisions)
Act 1986
Proposed amendments of s.l7(p)
and (b) are formal drafting
amendments.
By virtue of cl.2(4) of this Bill, the proposed amendments
will be deemed to have come into operation on the commencement
of the principal Act.
—
17
—
Australian Security and Intelligence Organization Act 1979
Proposed amendments are drafting changes to make the language
gender—neutral.
Australian Tourist Commission Act 1967
Proposed amendment of
S.
10(3) extends the maximum period of a
vacancy on the Commission during which an acting appointment
can operate from 6 months to 12 months.
Proposed amendment of s.l4(4) will require the election of a
member of the Commission to preside over a meeting of the
Commission in the absence of the Chairman and the Deputy
Chairman.
Proposed amendment of s.14(5) provides for a quorum at
meetings of the Commission to be not less than one third of
the number of members holding office at that time.
Australian Trade Commission Act 1985
Proposed new s.l2(lA) is inserted to clarify that the Managing
Director, who is automatically a member of the Board by virtue
of s.12(l)(c), is not prevented from being appointed by the
Minister as Chairperson.
—
18
—
Australian Trade Commission (Transitional Provisions and
Consequential Amendments) Act 1985
Proposed amendment of Part II of Schedule 3 is a formal
drafting amendment.
By virtue of cl.2(5) of this Bill the amendment will be deemed
to have come into operation on the commencement of s.42 of the
principal Act.
Automotive Industry Authority Act 1984
Proposed amendments of s.4(1) will remove the requirement that
a company be incorporated in Australia to be eligible to
participate in the Motor Vehicles and Components Development
Grants Scheme.
Proposed amendments of s.26B(l) and (2) are consequential
amendments.
Barley Research Levy Act 1980
Proposed amendment of the definition of “growers organisation”
in s.4(1) reflects the change of name of the Australian
Wheatgrowers’ Federation to the Grains Council of Australia
from 9 October 1986.
—
19
—
Bass Strait Freight Adiustment Trust Fund Act 1984
Proposed amendment of s.3(l)
inserts a new definition of
“prescribed refiner” as a person who operates a refinery.
S.3(3) of the Act is deleted and replaced by a new s.3(3)
which modifies the test for determining whether prescribed oil
was transported to a refinery so that the test is satisfied if
the person owned the oil immediately after it passed through
the refinery gate.
Proposed new s.6(2)(aa) is inserted to provide that
“prescribed refiners” are eligible for payments from the Trust
Fund in respect of prescribed oil exported by them.
Proposed new s.7(lA) is inserted to determine the amount
payable to “prescribed refiners” in respect of prescribed oil
exported in a particular month.
Proposed amendment of ~
is a formal drafting amendment.
Proposed amendment of ~
is consequential on the amendment of
s.6.
By virtue of cl.2(6) of this Bill the amendments of ss.3(l),
6, and 8 and insertion of new s.7(lA) shall be deemed to have
come into operation on 1 December 1986.
—
20
—
By virtue of cl.2(7) of this Bill the amendment of s.3(3) made
by this Bill shall be deemed to have come into operation on
the commencement of the principal Act.
By virtue of cl.2(8) of this Bill the amendment of s.7(2) made
by this Bill shall be deemed to have come into operation on
the commencement of s.5 of the Bass Strait Freight Adiustment
Trust Fund Amendment Act 1985.
Cheques and Payment Orders Act 1986
Proposed amendment of ~
will correct a drafting omission.
Proposed amendments to s.95(3) and (4) will make it clear that
banks collecting cheques for non-bank financial institutions
are protected in the same manner as when they collect cheques
for other banks.
Proposed amendment of s.110 corrects a drafting error.
Proposed amendments to s.1l5, which deals with replacement of
lost or destroyed cheques, provide for an express conferral of
jurisdiction on State and Territory inferior courts (in
accordance with their usual monetary and geographic limits) to
order the issue of replacement cheques.
Proposed amendments to the Schedule are consequential upon
amendments to s.32(2) and s.95(4).
—
21
—
Commonwealth Prisoners Act 1967
Proposed amendment of s.3(l) inserts a new definition of
“parole” as including “probation” to clarify that where a
court in New South Wales sentences a Federal offender to a
term of less than 3 years it may impose a non—probation period.
Proposed amendments in s.3(1) of the definition of “parole
officer” and “prescribed authority” insert references to the
Northern Territory and update a reference to the Australian
Public Service.
Proposed amendment of s.3(2) will change the meaning of
Governor—General for the purposes of s.23 to Governor-General
in Council.
Proposed amendment of s.4(4) will enable courts sentencing
Federal offenders in respect of more than 1 offence to apply
the relevant State or Territory law relating to the setting of
global non—parole periods.
Proposed new s.4(4A) is inserted to ensure that where a court
is sentencing a person in relation to Federal and State or
Territory terms, the court will still be required to set a
separate minimum term in relation to the State or Territory
sentences under the relevant State or Territory legislation.
—
22
—
Proposed amendments of s.l5 deal with a person whose parole
order has been automatically revoked because he has been
sentenced to a further term of imprisonment in a jurisdiction
other than the one in which he was imprisoned before being
released on parole.
The amendments will enable the
Attorney-General to request the prescribed authority to issue
a warrant for the prisoner also to serve the balance of his
first sentence in the new jurisdiction.
Proposed amendments of s.2l will enable arrangements to be
made for the purposes of this section with the Administrator
of the Northern Territory, and update a reference to the
Australian Public Service.
By virtue of cl.2(9) of this Bill, the amendments of this Act
shall come into operation on a day to be fixed by Proclamation
for the purposes of cl.2(9).
Complaints
(Australian Federal Police) Act 1981
A new definition of “minor complaint” is inserted in s.3(l)
for the purposes of proposed new s.6A.
New s.3(3)(ba) and (bb) are inserted to define “cautioning” of
AFP members as cautioning under the Australian Federal Police
(Discipline) Regulations: this proposed new disciplinary
procedure may be applied in cases involving minor breaches of
discipline.
This amendment, and related amendments to ss.ll,
—
23
—
12, 13, 24, 26, 36, 37, 49 and 52, reflect the intention that
this new procedure will be available as an alternative to the
charging of an AFP member with a breach of discipline where
he/she signifies a willingness to accept a caution.
Proposed amendment of s.5 deletes s.5(2) and consequentially
amends s.5(l) to standardise the application of the Act
whether complaints are made initially to the Ombudsman or to
an AFP member.
Proposed amendments to s.6(l) and consequential omission of
s.6(2) are to provide for initial determination of whether or
not a complaint is a “minor complaint” and, if it is, for its
reference to an officer designated under proposed new s.6A.
Proposed new ~
is inserted (and related amendments are
made) to place on a proper statutory footing an administrative
procedure which has in fact been in operation for some years.
Through arrangements agreed to by the AFP and the Commonwealth
Ombudsman, “minor complaints” are resolved, if possible,
without invoking the full investigation and reporting
procedures embodied in the principal Act.
The emphasis in the
new procedures is on resolution through conciliatory
processes: if resolution is not achieved through those
processes the normal procedures apply.
Where the complaint is
resolved by conciliation, the designated member is to report
the details to the Ombudsman.
“Minor complaint” is so defined
in s.3 that application of the normal procedures is mandatory
where serious allegations (e.g. assault) are involved.
—
Proposed new ~
24
—
is inserted to provide a new, simplified
conciliation provision for attempting resolution of complaints
other than those referred for resolution under s.6A.
The
provision will take the place of s.19, which presently
provides for resolution of complaints by a designated AFP
member,
if possible, through conciliatory processes
(irrespective of whether they are “minor complaints”).
Proposed amendment of 5.10 will make it consistent with the
amendments to ss.34 and 37.
Proposed amendments of ~
are consequential on the proposed
insertion of new s.3(3)(ba) and (bb).
Proposed amendment of s.llA will clarify that the Ombudsman’s
consent to withdrawal of proceedings is necessary in any case
where he has previously been involved (except those which are
ultimately referred to the Attorney-General for determination
pursuant to s.ll(7)(a) or to the Minister in the case of a
charge or a caution under s.52(2)(b)).
Proposed amendments of ss.l2 and 13 are consequential on the
proposed insertion of new s.3(3)(ba) and (bb).
~J,9.is proposed to be repealed in consequence of the proposed
insertion of new s.6B.
—
25
—
Proposed amendment of s.24(l)(c) is consequential on the
proposed insertion of new s.(3)(ba) and (bb).
Proposed amendments of s.24(l)(d) and (3) are designed to
align more closely the investigatory discretions conferred on
the Ombudsman by the principal Act and by s.6 of the Ombudsman
Act 1976.
Proposed amendment of ~
is consequential on the proposed
insertion of new s.3(3)(ba) and (bb).
Proposed amendments of s.34 will provide standardised
notification processes on the outcome of investigations: the
Ombudsman notifies the complainant and the AFP Commissioner,
whilst the Commissioner notifies the member concerned.
Proposed amendments of s.36 are consequential on the proposed
insertion of new s.3(3)(ba) and (bb) and make some drafting
changes.
They will confer on the Ombudsman a wider power of
recommendation
exercisable
5.36(1)
but also in a recommendation
or (2)
provisions
or otherwise.
not only in a notification
Consequential
under
under
those
amendments are
proposed to s.36(4) and (5).
Proposed amendments of s.37 are consequential on the proposed
amendments to s.34 and the proposed insertion of new
s.3(3)(ba) and (bb).
—
26
—
S.42 is proposed to be repealed in consequence of proposed
insertion of new s.6B.
The Ombudsman’s specific conciliation
power under s.42 is unnecessary, as the success or otherwise
of a conciliation attempt made under the new s.6B can be taken
into account by him when deciding under s.24 whether or not a
complaint should be investigated or further investigated.
Proposed amendments of ss.49 and 52 are consequential on the
proposed insertion of new s.3(3)(ba) and (bb).
Proposed new s.66A is inserted in order to ensure that, where
a member does not accept the offer of a caution, he or she
will have the opportunity of having the case heard and
determined by the Federal Police Disciplinary Tribunal.
Proposed amendment of ~
is consequential on proposed
insertion of new s.66A.
Proposed amendment of ss.7l and 76 are formal amendments.
Crimes Act 1914
The definition of “Commonwealth officer” in ~
is proposed to
be amended so that, in relation to ss.70, 72, 73, 74 and 75 of
the Act, it includes those persons who perform services for or
on behalf of the Commonwealth, a Territory or public authority
under the Commonwealth although not employed by them.
27
—
—
Proposed new s.47A is inserted to make it clear that where a
federal offender escapes from custody, his sentence will cease
to run while he is at large.
At common law a prisoner who
escapes while serving a term of imprisonment cannot be
detained once the term has expired.
Cl.5(5) provides that s.47A as inserted by the Bill applies
only in relation to a prisoner who escapes from custody after
the commencement of the clause.
Proposed new s.47B is inserted to enable a constable to arrest
a prisoner unlawfully at large and take him before a
Magistrate, and to enable the latter to issue a warrant
committing the prisoner to prison.
The new section applies to
a prisoners required by law to be in custody who are at large
otherwise than as escapers, i.e., who have been mistakenly
released prematurely.
At common law, if a prisoner is
accidentally released by the prison authorities earlier than
he/she should have been, the original warrant is spent and the
prisoner cannot be returned to custody.
Cl.5(6) provides that s.47B as inserted by the Bill applies
only in relation to a prisoner who becomes unlawfully at large
within the meaning of that section after the commencement of
cl .5.
Proposed amendments of ss.70 and 75 are consequential upon the
amendment of s.3.
—
28
—
As a consequence of the proposed amendment of s.3, s.73(l),
which contains the same definition of Commonwealth Officer as
is inserted by that amendment, is to be repealed.
Proposed amendments of s.89(2) and (5) insert a reference to
“a protective service officer” and a definition of such an
officer as a consequence of the enactment of the Australian
Protective Service Act 1987.
Customs Act 1901
Proposed new s.243NA is inserted to provide for the
indemnification by the Commonwealth of the Official Trustee
and officers of that statutory corporation discharging
functions under the Act.
These functions consist mainly of
controlling the property of persons suspected of being engaged
in certain narcotics dealings, for the purpose of discharging
pecuniary penalties imposed on them.
The new section
preserves all the Official Trustee’s existing rights of
indemnity and affirms the Commonwealth’s right of subrogation
in respect of payments made pursuant to the indemnity.
Proposed new s.243NB is inserted to provide for the
indemnification by the Commonwealth of Official Receivers, and
of any person who performs any of the duties of an Official
Receiver or who assists an Official Receiver, for liability in
negligence or otherwise for acts done in the performance of
his or her duties under Div.3 of Part XIII of the Act,
—
29
—
Customs Administration (Transitional Provisions and
Consequential Amendments) Act 1986
Proposed amendment of Schedule 3 is a formal drafting
amendment.
By virtue of cl.2(10) of this Bill, the amendment of
Schedule 3 shall be deemed to have come into operation on
13 May 1986.
Dairy Produce Act 1986
Proposed amendments of 5.3(1). 12(5). 36(3)(dL 51(1) and
88(1)(h) are formal drafting amendments.
Proposed amendment of
~
inserts s.33(3A) to prevent the
appointment to the Australian Dairy Corporation of members of
the Executive Council of the Australian Dairy Industry
Conference (ADIC).
Proposed new s.38(3)(aa) is inserted to require dismissal of a
member of the Corporation if he or she becomes a member of the
ADIC Executive Council.
Cl.5(7) provides that proposed new s.38(3)(aa) will apply only
in relation to a person who is appointed or reappointed as an
appointed member of the Corporation after the commencement of
cl.5.
—
30
—
Proposed amendment of s.82(ll) expands the definition of
company auditor to include firms as well as persons.
The
amendment recognises that many auditing firms operate as
partnerships.
Defence Force Re—organisation Act 1975
Proposed amendment of s.184(1) is a formal drafting amendment.
By virtue of cl.2(ll) of this Bill, the amendment of s.l84
shall be deemed to have come into operation on the
commencement of s.184 of the principal Act.
Director of Public Prosecutions Act 1983
Proposed amendments of ~
of the Act are to enable the
Director of Public Prosecutions (DPP) to file an indictment
where the DPP is satisfied that a person has been erroneously
committed for trial in respect of a State or Territory offence
and not the appropriate Commonwealth offence.
For example, a
person may, in error be, committed for trial on a State theft
charge when the property the subject of the charge is
Commonwealth property and the person ought, on the evidence,
to have been committed for trial in respect of an indictable
offence against Commonwealth law.
—
31
—
Proposed amendment of s.9(6) will enable the DPP to give an
undertaking under that sub—section to a person who gives
evidence in Australia in proceedings under the Extradition
(Commonwealth Countries) Act 1966 and Extradition (Foreign
States) Act 1966 and in relation to coronial inquests and
inquiries conducted under the laws of the Commonwealth.
Export Control Act 1982
Proposed new definition of “establishment” is inserted in ~
in consequence of the inclusion of a reference to that word in
the proposed new s.25(2)(da).
Proposed amendment of
~J~5 prohibits the application of a
false trade description to goods for which a “notice of
intention to export” has been given and not withdrawn and
prohibits giving a notice of intention to export any falsely
described goods.
Proposed amendment of ~4
substitutes a new 5.24(1)
prohibiting the supply of any goods or services of any kind to
an authorised officer, except as may be approved by the
Secretary.
A new definition of “goods” is inserted in s.24(3)
to make it clear that that word has a broader meaning in s.24
than it has in the Act generally.
—
32
—
Proposed new s.25(2)(da) is inserted to put it beyond doubt
that regulations or orders may be made providing for sanctions
for refusal or cancellation of registration of an
establishment by reason of debts being owed to the
Commonwealth in connection with the establishment, including
debts owed by a previous occupier.
The provision makes it
clear that sanctions can be imposed in relation to debts which
have ceased to exist in the strict sense by reason, for
example, of the Company which owed the debt being wound up,
and to amounts which have become payable otherwise than in
connection with the export of go~ds.
Cl.5(8) of the Bill provides that s.25(2)(da) applies only in
relation to amounts that become payable to the Commonwealth
after the commencement of cl.5.
C1.5(9) makes it clear that
new s.25(2)(da) is to be inserted only for the avoidance of
doub~t, and its insertion does not imply any defect in the
regulations or orders made under the existing provision,
Export Inspection Charges Collection Act 1985
Proposed amendments of ss.6 and 6A omit all the specified
particulars which are to be included in returns, and provide
that the particulars shall be as specified in regulations.
Proposed amendment of s.7 omits the requirements as to who
shall sign returns and to whom and by when returns should be
—
33
—
submitted, and provides that any matter relating to the
execution and lodgement of returns to the Secretary may be
specified in regulations.
Proposed amendment of s.ll omits the specification of the
maximum amount of penalty which may be remitted without the
Minister’s consent, and provides that the amount may be
specified in regulations.
Proposed amendment of 5.14 changes the authority for
appointing authorised persons from the Minister to the
Secretary.
By virtue of cl.2(12) of this Bill, proposed amendments made
to this Act shall come into operation on a day to be fixed by
Proclamation for the purposes of cl.2(l2).
Export Market Development Grants Act 1974
Proposed amendment of s.3 includes a definition of “eligible
external governmental educational services” as those supplied
by the Commonwealth, State or Northern Territory Governments
to students outside Australia and are declared to be so by
regulations.
Proposed amendment of s.3A(l)(f) is a formal drafting
amendment.
—
34
—
Proposed new s.3A(2A) is inserted to require s.3A(2)(b), which
makes “export earnings” depend on carrying on business, to be
disregarded as the Commonwealth, State and Northern Territory
Governments are not regarded as carrying on a business in the
terms of the legislation.
Proposed amendment of s.4(1)(c)(ii) allows approved bodies to
incur eligible expenditure in respect of eligible internal
educational services.
Proposed new s.4(1A) is inserted to provide that the general
requirement that grants applicants “carry on business” may be
disregarded in relation to the promotion of eligible
educational services by Commonwealth, State and Northern
Territory Government Education Departments.
The Departments
of education concerned, being funded publicly, are not
“carrying on business” in the manner contemplated by the Act,
Proposed amendment of s.4(2AB) extends this explanatory
provision’s application to expenditure on travel other than
fares, thus making it consistent with s.4(2)(g).
Proposed amendment of s.4(2C) will require the majority
(rather than all) of the members of a consortium to be
Australian residents in order for those Australian residents
to be able to claim their share of costs for tenders for
quotations submitted by the consortium.
—
35
—
Proposed substitution of new s.14(l)(a) will ensure that
neither Commonwealth nor State nor Northern Territory
Government Departments are excluded from being paid grants in
respect of educational services.
Proposed amendment of s.l6(3) makes it clear the reference in
the provision to a “nil amount” is confined to export earnings
and does not extend to a nil amount of grant entitlement.
Proposed amendment of s.38(2) deletes the words “incurred” and
“received” from the terms “expenditure incurred” and “income
received”, since export earnings in respect of goods can be
calculated on the basis of the consideration due but not
received, as well as consideration received.
Proposed amendment of s.38(7) expands the scope of the section
to apply also to persons who remain active after the act or
thing takes place, but cease to exist prior to a claim being
lodged and/or assessed, thus making the sub-section consistent
with the other provisions of s.38 in regard to these persons.
Proposed insertion of new s.43(3A) allows specified external
educational services as supplied to students outside Australia
by Commonwealth, State and NT Government Educational
Departments to be declared eligible under the regulations.
—
36
—
S.43(6) is repealed as spent and a new s.43(6) is inserted to
allow certain regulations permitted to be made by s.46 to have
effect from 20 May 1985.
Regulations made under this
amendment would, for example, allow claims from Commonwealth,
State and NT Departments in respect of educational services to
students outside Australia for the 1985—86 grant year.
Such
retrospective regulations must be made by 1 January 1988.
By virtue of cl.2(13) of this Bill, proposed amendments made
to this Act (other than the replacement of s.43(6)) shall be
deemed to have come into operation on 20 May 1985.
Family Law Act 1975
Proposed amendment of ~3j
inserts a new s.94(1AA) which gives
a right of appeal to the Full Court of the Family Court from a
decree or decision of a Judge rejecting an application that he
or she disqualify himself or herself from further hearing a
matter.
The Full Court of the Family Court does not have the
power to issue a writ of prohibition against a trial Judge of
the Court nor power under s.94 to entertain an appeal against
the refusal by a trial Judge of an application that he or she
disqualify himself or herself.
The only way that such a
refusal can be reviewed is by an action in the High Court, in
its original jurisdiction,
for a writ of prohibition.
Such a
procedure is most unsatisfactory and it is more appropriate
that the Full Court should have power to hear appeals against
such decisions.
—
37
—
Proposed amendments to ss.94(lA). 94(2) and 94A(1)
are
consequential drafting amendments.
Federal Court of Australia Act 1976
Proposed amendment of ~
will enable the Federal Court’s
chief judicial officer to be known as “Chief Justice” rather
than “Chief Judge”.
This amendment will bring the title of
the Court’s chief judicial officer into line with those of the
Supreme Courts of the States, the Australian Capital Territory
and the Northern Territory.
First Home Owners Act 1983
Proposed amendments of s.l4(l)(e) and (f) delete a reference
to s.9(4) of the Act.
The reference is no longer necessary as
s.9(4) was repealed in 1985.
Proposed amendment of s.14(2)(b)(ii) confirms that the
existing provision only has application to dwellings in
Australia.
Proposed amendment of s.l4(7)(a) and (b) will require that
where the Secretary exercises his power to determine a later
prescribed date in relation to contracts dated after the date
of Royal Assent to this Bill, the date shall be:
—
38
—.
not earlier than 3 months after the contract date and
not later than settlement of the contract in cash
purchases cases;
not earlier than 3 months and not later than 12
months after the date of the contract in terms
purchase cases;
not earlier than 6 months after the date of the
contract and not later than the issue of the
completion certificate or possession by the applicant
in contract building cases.
The amendment clarifies a provision which has proved to be
difficult and confusing for the housing and building industry.
Proposed substitution of new s.14(8) adds an additional
requirement that the discretion in s.14(7) only be exercised
in cases where unusual circumstances arise from the contract
and its performance.
Proposed new s.14(8A) and (8B) are added to enable an
intending spouse to choose to join in an application with a
home acquirer and to have their joint eligibility assessed in
the same manner as applicants who are already spouses on the
relevant date.
The provision will obviate the necessity for
the intending spouse to be placed on the title to the home, at
legal cost to the applicants, simply to obtain assistance
under the Act.
—
39
—
Cl.5(lO) and (11) provide that s.14(7) and (8) in their
present form continue to apply to contracts dated earlier than
the commencement of cl.5, and in their amended form apply only
to contracts dating on or after the commencement of cl.5.
Health Insurance Act 1973
Proposed amendment of s.3(1) omits the definition of “net
operating costs”.
The only provisions in which this term was
used were repealed by the Health Legislation Amendment Act
1983.
Proposed amendment of s.23EA adds a new s.23EA(3).
S.23EA
enables the Minister to declare premises to be private
hospitals for purposes of the National Health Act 1953 and the
Health Insurance Act 1973.
Such a declaration entitles
patients at such premises with private health insurance to
claim a benefit from their health funds.
The amendment
provides that the Minister may make a retrospective
declaration backdated to the day on which particular premises
were licensed to operate as a private hospital under relevant
State legislation.
Proposed amendment of
91 adds new s.97(2A), (2B) and (2C) to
make provision with respect to hearings by Medical Services
Committees of Inquiry.
The amendments provide that, at a
—
40
—
hearing, 3 members constitute a quorum, presiding members have
a deliberative vote only and, where votes on a question are
equal, the question will be unresolved and may be reconsidered
at a later date.
Health Legislation Amendment Act 1986
Proposed amendments of ss,25(b) and 27(a) are formal drafting
amendments.
By virtue of cl.2(14) of this Bill, the amendments of ss.25
and 27 shall come into operation or be deemed to have come
into operation on the respective commencements of those
sections.
Health Legislation Amendment Act (No.2) 1986
Proposed amendments of s.46(b) and Schedules 1 and 2 are
formal drafting amendments.
By virtue of cl.2(1~) of this Bill, the amendments of s.46 and
Schedules 1 and 2 shall be deemed to have come into operation
on the commencement of ss.46 and 37~
Honey Industry Act 1962
Proposed new s.7(12) empowers the Minister to extend until
31 December 1988 the periods of office of industry members of
the Australian Honey Board (including any casual appointees)
—
41
—
whose tenure would otherwise expire on 30 June 1987 (in the
case of producer members) or on 1 August 1987 in the case of
packer members.
Proposed new s.7(13) is inserted to enable
the Minister to fill casual vacancies in the positions of
members whose terms have been extended under proposed new
s.7(l2).
Proposed new s.7(l4) and (15) are inserted to empower the
Minister to make short—term appointments up to 31 December
1988 in cases where current members complete their term of
office but do not wish to serve for an extended term.
Such
appointments will ensure that the Board can operate at full
strength pending its reconstitution (to be effected by
31 December 1988),
In view of the short term involved, the
appointees will be chosen by the Minister in the same way as
appointees for casual vacancies, instead of by a poll of
producers or the canvassing of packers, as is now required by
s.7.
Housing Loans Insurance Act 1965
It is proposed to repeal ~
dealing with Acting Chairman and
Acting Deputy Chairman of the Housing Loans Insurance
Corporation, and to substitute a new section.
The existing s.8A provides that where the Chairman is absent
from duty or from Australia or there is a vacancy in the
Office of Chairman, the Deputy Chairman shall act as Chairman,
—
42
—
and Managing Director during the absence or until the filling
of the vacancy.
Where the Deputy Chairman is absent or the
position is vacant, the Minister may appoint a person eligible
for appointment as a member of the Corporation.
The proposed new section will remove the current inflexibility
in appointing an Acting Chairman.
It will allow the Minister
to make a standing authorisation for a nominated person to act
as Chairman or Deputy Chairman during any or all periods in
which there is a vacancy in either office, the holder is
absent or, in the case of the Deputy Chairman, he is acting as
Chairman.
The standing authorisation cannot be made for a
nominated person to act for periods longer than 12 months
continuously.
This standing authorisation will remove the
requirement for a separate authorisation every time the
position becomes vacant.
The amendment makes similar
provision for the appointment of a person to act as Deputy
Chairman.
Proposed s.8A(6) provides that persons acting as Chairman or
Deputy Chairman have all the powers and duties of the Chairman
and Managing Director or Deputy Chairman and Deputy Managing
Director as the case may be.
This provision consolidates the
provisions on powers and duties now distributed throughout the
Act and, as a result, consequential amendments are made to
ss.9 and 43 of the Act.
—
43
—
S.9(10) is to be omitted as a consequence of the inclusion of
proposed new s.8A(6).
It is proposed to repeal
fl governing the dismissal of
Corporation members and to substitute a new section.
Proposed
new sil contains standard conditions relating to the
termination of appointments of statutory office—holders and is
similar to the existing section.
References to provisions
repealed by the Housing Loans Insurance Amendment Act 1985
have been omitted.
The proposed new section also provides
that a member’s appointment can be terminated if a member,
without reasonable excuse, contravenes s.10, governing the
disclosure of interests.
5.43(3) is to be omitted as a consequence of the inclusion of
proposed new s.8A(6).
Human Rights and Equal Opportunity Commission
Acf
19R~
Proposed new s,ll(3) is inserted to provide that it is not the
function of the Human Rights and Equal Opportunity Commission
to inquire into an act or practice of an intelligence agency.
Where a complaint is made to the Commission alleging that an
act or practice of an intelligence agency is contrary to any
human right, constitutes discrimination or is unlawful under
the Racial Discrimination Act 1975 or Sex Discrimination Act
.~9M, the Commission shall refer the complaint to the,
Inspector—General of Intelligence and Security.
—
44
—
Proposed new s.ll(4) is inserted to define an intelligence
agency for the purposes of s.ll(3).
These amendments repeat earlier amendments made to the now
repealed Human Rights Commission Act 1981 by the Intellioence
and Security (Consecuential Amendments) Act 1986,
By virtue of cl.2(16) of this Bill, proposed amendments shall
be deemed to have come into operation on the commencement of
the Inspector—General of Intelligence and Security Act 1986.
Income Tax Assessment Amendment (Capital Gains) Act 1986
Proposed amendment of ~4
is a formal drafting amendment.
By virtue of cl.2(l7) of this Bill, the proposed amendment
shall be deemed to have come into operation on the
commencement of the principal Act,
Income Tax Assessment Amendment (Research and Develooment) Act
1986
Proposed amendment of ~J
is a formal drafting amendment.
By virtue of cl.2(l8) of this Bill, the proposed amendment
shall be deemed to have come into operation on the
commencement of the principal Act.
—45—
Inspector—General of Intelligence and S~ciiriFyAct 1986
Proposed amendments of ~
add a definition of
“discrimination” as having the same meaning as in the Human
Riqht~’~nd
Equal Opportunity Commission
Act
1986, and replace
a reference to the Human Rights Commission Act 1981 with one
to the Human Rights and Equal Opportunity Commission Act 1986.
Proposed amendments of s.8 replace references to the Human
Rights Commission with ones to the Human Rights and Equal
Opportunity Commission, and require or authorise the
Inspector—General to inquire into acts or practices of
intelligence agencies that may constitute discrimination, as
defined in s.3 or may be unlawful under the Racial
Discrimination Act 1975 or the Sex Discrimination Act 1984 as
well as those that may be a breach of human rights.
By virtue of cl.2(l9) of this Bill, the proposed amendments
shall be deemed to have come into operation on the
commencement of the principal Act.
Intelligence and Security (Consequential Amendments) Act 19RF
Part VII of the Act is to be repealed as a consequence of the
proposed insertion by this Bill of new s.11(3) and (4) in the
Human Rights and Equal Opportunity Commission Act 1986.
By virtue of cl.2(20) of this Bill, the proposed amendment
shall be deemed to have come into operation on the
commencement of the principal Act.
—
46
—
International Organizations (Privileges and Immunities) Act
1963
~
is proposed to be repealed, as its operation is spent.
The proposed amendments to ss.3 and 7 and the Schedules omit
references to “an envoy” and “retinue of envoy” and replace
them with “diplomatic agent” and “administrative and technical
staff of a diplomatic mission”.
The existing wording was
adopted before Australia became a party to the Vienna
Convention on Diplomatic Relations which codifies
international law on this subject and uses the new terminology.
The penalties in s.l2 for unlawful use of the name or emblem
of an international organisation are being increased from $100
to $1,000.
The penalties have remained unchanged since 1963.
Local Government (Financial Assistance) Act 1986
Proposed amendment of 5.16(1) is a formal drafting amendment.
By virtue of cl.2(2l) of this Bill, the proposed amendment
shall be deemed to have come into operation on the
commencement of the principal Act.
—
47
—
Management and Investment Companies Act 1983
Proposed amendment of s.21(5) will enable the Management and
Investment Companies Licensing Board to impose, as well as,
vary or revoke conditions on a licence at any time.
This
remedies the anomalous situation whereby the Board can only
impose conditions on a licence being renewed, if conditions
were originally imposed when the licence was granted.
Proposed new
~
is substituted to give the Board the power
to require a licensee qr business entity that manages it to
furnish information on its activities or those of that
business entity, so as to better enable the Board to perform
its duties and functions under the Act.
Proposed new s.29(8A) is inserted to give the Board a
discretion to approve certification of a business entity in
which an officer of the licensee applying for certification
was an officer within the previous 12 months, as long as the
licensee can satisfy the Board that there is no actual
conflict of interest as a result.
Proposed new s.3l(3) is inserted to give the Board a
discretion to approve an investment involving the purchase of
previously owned shares, provided that the Board is satisfied
that the licensee’s funds invested have or will increase the
value of the company that issued the shares.
Proposed new s.37(3A) is inserted to extend the period set out
in s.37(3) in individual cases to take into consideration
fluctuations in the market place and business cycles.
amendment will allow the Board flexibility.
The
—
48
—
Meat Inspection Act 1983
Proposed new s.4(8) is inserted to require the
Governor—General to give effect to any request from the
Administrator of the Northern Territory to revoke the
Proclamation which extended the Act to the Territory.
Proposed amendment of s.35(1) extends the prohibition on the
supply by the owner of prescribed premises of meat to
authorised officers so that the supply of any goods or
services is prohibited, except as may be approved by the
Secretary.
Migration Act 1958
Proposed amendments of ss.5. 11, llA, liB, llC, 16(1). 55,
67(1)(a) and the Heading to Division 1A of Part II will remove
the concept of, and all references to, return endorsements.
A
return endorsement gives authority to a non—citizen who is a
resident of Australia to return to Australia after a trip
overseas.
However, since 1 January 1987, return endorsements
have been replaced by “resident return visas”.
S.llA already
regulates the grant and operation of visas, including a
resident return visas.
The provisions relating to return
endorsements are, accordingly, no longer required.
—
49
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Proposed amendment of s.16(lC) will make a consequential
amendment,
Cl.5(l2) provides that visas granted under s.llA and current
at the commencement of cl,5 are, on and after that date, to be
deemed to have been granted under s.llA as amended by this
Bill.
Cl,5(l3) provides that after the commencement of the clause,
the Migration Act as in force immediately before that date is
to continue to apply to return endorsements issued before that
date, so that current return endorsements will continue until
they expire or are cancelled.
Proposed amendment of s.6A(4)(a) will make a formal, updating
amendment.
Proposed amendment of s.67(l)(c) substitutes the term
“assurance of support” for the term “maintenance guarantee”.
Maintenance guarantees have been known administratively as
assurances of support since 1981.
By virtue of cl.2(22) of this Bill, the amendment of
s.67(l)(c) shall be deemed to have come into operation on a
day to be fixed by Proclamation for the purposes of cl.2(22).
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50
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National Companies and Securities Commission Act 1979
Proposed new s.14(4) to (8) are to be inserted to give the
Ministerial Council for Companies and Securities the authority
to determine the superannuation benefits of full—time members
of the National Companies and Securities Commission (NCSC).
Under new s.14(4), a determination by the Ministerial Council
is to be made by resolution and, under new s.14(5), may be
subsequently varied or revoked by a further resolution of the
Council.
New s.14(6) provides that the Ministerial Council
shall not make, vary or revoke a determination except in
accordance with arrangements approved by the Minister for
Finance,
New s.14(7) provides that the superannuation benefits to be
provided under a determination made by the Ministerial Council
are to be in accordance with the determination in force at the
time the benefits are provided.
New s14(8) contains a definition of “superannuation benefits”
for the purposes of the proposed s.l4(4) and (7).
Proposed amendment of 5.29(1) empowers the NCSC to make
disbursements in relation to any superannuation arrangements
for its full—time members.
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51
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Pursuant to cl.2(23), the proposed amendments will be deemed
to have come into operation on 1 February 1980,
the date on
which the NCSC Act was proclaimed to come into operation.
The
retrospective operation of the proposed amendments is to
ensure the validity of the superannuation arrangements made
for the full—time members appointed on 11 March 1980.
National Crime Authority Act 1984
Proposed amendment of s.4(l) adds two categories of persons to
the definition of “member of the staff of the Authority” to
make them subject to the relevant provisions of the Act,
including the secrecy provisions (s.51).
These categories are
legal practitioners appointed under s.50 to assist the
Authority as counsel and members of task forces established
pursuant to s.11(1)(c).
Proposed amendment of s.25(7) is consequential on the
amendment to s.4(1).
Proposed amendment of s.31(1) inserts new s.31(l)(b) making
provision for issue of a warrant for the apprehension of a
person whois the subject of a summons and who is believed to
have absconded or is likely to abscond, or is otherwise
attempting or likely to attempt to evade service of the
summons.
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52
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Proposed new s.3l(2A) is inserted to authorise the execution
of a warrant issued under s.31 notwithstanding that the
original of the warrant is not in the possession of the person
executing it at the time.
Proposed new definition in s.5l(4) expands the definition of
“member of the staff of the Authority” in order to include
within the secrecy provision persons who assist or perform
services for legal practitioners appointed under s.50 as
counsel to the Authority.
National Measurement Act 1960
Proposed amendments of 5.3(1). 8 and 9(1) and (3) are formal.
The amendments reflect the change in the spelling of the name
of the Commonwealth Scientific and Industrial Research
Organisation which was made by the Science and Industry
Research Legislation Amendment Act 1986.
Proposed new definition of “interest in land” is inserted in
s.3(l) to include, for the purposes of the Act, an interest by
way of stratum title, strata title or a time—sharing interest
in land, by whatever name each may be known.
By virtue of cl.2(24) of this Bill, this lastmentioned
amendment of s.3(1) shall come into operation on 1 July 1987.
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53
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Proposed new s.l2(lA) is inserted to provide that 5.12(1),
which relates to the use of Australian legal units of
measurement in trade contracts, does not apply to transactions
relating to real estate transactions.
This amendment is
necessary because it is not currently clear whether s.l2(1)
applies to real estate transactions or not.
New s.l2A will
now specifically deal with real estate transactions.
By virtue of cl.2(24) of this Bill, the amendment of s.l2
shall come into operation on 1 July 1987.
Proposed new s.l2A(l) is inserted to provide that real estate
transactions will be void unless entered into by reference to
Australian legal units of measurement.
As from 1 July 1987
Australian legal units of measurement will not include
imperial units of measurement.
Thus the amendment will ensure
that, as from that date, real estate transactions will need to
be entered into by reference to metric units of measurement,
subject to the exceptions mentioned below.
Proposed new s.12A(3) provides that the provisions of s.l2A(l)
requiring real estate transactions to be entered into by
reference to Australian legal units of measurement will not
affect the validity of such a transaction that refers to units
of measurement of a physical quality that, at the time when it
was made or entered into, were Australian legal units of
measurement of that physical quality.
54
—
—
Proposed new s.l2A(4) similarly provides that the provisions
of sub—section l2A(l) will not render void a real estate
transaction by reason only that it refers to an additional
unit of measurement which is applicable under the regulations
to that transaction,
Proposed new s.12A(5) provides that s.l2A(1) will not affect
interests registered under a State or Territory Torrens land
registration system.
Proposed new s.l2A(6) provides that the provisions of s.12A(l)
will not render void a real estate transaction by reason only
that it refers to units of measurement other than Australian
legal units of measurement if
(a)
—
in the case of land registered under a State or
Territory Torrens land registration system the folium
of the register or certificate of title for the land
is expressed in units of measurement other than those
units of measurement; or
(b)
in any other case all title documents refer to such
other units of measurement.
By virtue of cl.2(24) of this Bill, the amendments of s.12A
shall come into operation on 1 July 1987.
—
55
—
Proposed new s.13A is inserted to exclude transactions
relating to futures contracts from the requirement in s.12(1)
that:references to a measurement of a physical quantity in
transactions be to Australian legal units of measurement.
This means that futures transactions, which sometimes involve
countries which do not use metric units of measurement, will
be able to be entered into by reference to imperial units of
measurement.
Proposed amendment of s.17(l) will make the Executive Director
of the National Standards Commission (the Commission) an
ex-officio member of the Commission.
Proposed amendment of s.17(2) will limit the requirement that
members of the Commission be appointed by the Governor—General
and be part-time only to members other than the Executive
Director.
Proposed amendments of s.l7(3) and (5) will limit the
requirements relating to scientific or technical knowledge of
members and to the maximum term of appointment of members to
members appointed by the Governor-General.
Proposed amendments of s.18AA(l) and (2) will limit the
provisions for payment of remuneration and allowances of
members of the Commission to members appointed by the
Governor-General.
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56
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Proposed amendment of s.18AB will limit the provision relating
to resignation of members to members appointed by the
Governor-General.
Proposed amendments of s.18AC(l) and (2) will limit the
provisions relating to termination of appointment of members
to members appointed by the Governor-General.
Proposed amendment of s.18AE(3) will raise the number of
members of the Commission required to constitute a quorum at a
meeting of the Commission from 4 to 5.
Proposed amendments of Part IV of the Act will create the
position of the Executive Director of the Commission, and
provide for his/her powers and duties.
The heading of the
Part is, accordingly, amended to read “Executive Director and
Staff”.
A new Division 1 headed “Executive Director” with new
ss.18AG to 18AF is inserted.
Proposed new s.18AG provides that there will be an Executive
Director of the Commission.
Proposed new s.18AH provides that:
the Executive Director will conduct the affairs of
the Commission;
—
.
57
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the Executive Director will act in accordance with
any policies determined by, and any directions given
by, the Commission; and
all acts and things done in the name of or on behalf
of the Commission by the Executive Director will be
deemed to have been done by the Commission.
Proposed new s.l8AI provides that the Executive Director will
be appointed by the Commission.
Proposed new s.1SAJ provides that the Executive Director will
hold office during the Commission’s pleasure and will cease to
hold office on attaining 65 years of age.
Proposed new s.18AK provides that the Executive Director will
not engage in paid employment outside the duties of his or her
office except with the approval of the Commission.
Proposed new s.18AL provides for the remuneration and
allowances of the Executive Director in standard form for such
statutory office holders.
Proposed new s.18AN empowers the Chairman of the Commission to
grant leave of absence to the Executive Director.
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58
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Proposed new s.18AN provides that the Executive Director may
resign his or her office by writing to the Chairman of the
Commission.
Proposed new s.18AO requires the Executive Director to
disclose all direct or indirect pecuniary business interests
to the Chairman of the Commission.
Proposed new s.18AP makes provision, in accordance with
current drafting practice, for the appointment of a person
other than a Commission member to act as Executive Director.
Proposed new s.18AO provides that the Executive Director will
not be present during any deliberations of the Commission in
which matters relating to the appointment, leave or outside
employment of the Executive Director arise.
A similar
restraint is placed on the Acting Executive Director in
relation to such deliberations concerning either the Executive
Director or Acting Executive Director.
Proposed new s.18AR provides that the Executive Director holds
office on such terms and conditions (if any) in relation to
matters not provided for by this Act as are determined by the
Commission with the written approval of the Minister.
As a result of insertion of new Division 1 in Part IV, a new
heading”Division 2
—
staff” is to be inserted above s.l8A,
the existing provision in that Part.
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59
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Proposed amendment to s.l8F raises the financial limit on
contracts which may be entered into by the Commission without
the approval of the Minister from $50,000 to $100,000, in
accordance with the limit now governing some other statutory
authorities.
National Museum of Australia Act 1980
Proposed amendment of s.7(3) extends the exceptions to the
prohibition on disposal by the Museum of ‘historical material
to that provided for in new s.9A proposed to be inserted in
the Act.
Proposed new s,9A is inserted to permit the Council of the’
Museum to dispose of historical material that is owned by or
in the possession of the Museum but not in the national
historical collection.
The amendment is necessary to
establish clearly the Museum’s power to dispose of historical
material not in the national historical collection.
As in the
case of s.9 in relation to the national collection, disposal
of material under new s.9A can be by sale, gift or exchange
for other material or by destruction.
However material may be
destroyed under s.9A only if it is unsaleable and cannot be
disposed of in any other way.
As under s.9, the Minister must’
approve disposal of material valued at more than $5000.
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60
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National Water Resources (Financial Assistance) Act 1978
Proposed amendments of s.8(l) and (2) will remove the power, of
the Minister for Finance to make advances to the States, and
places that power with the Minister for Resources and’ Energy,
who administers the legislation.
Proposed amendments of s.9(b) will require the States to
furnish evidence of expenditure to the Minister for Resources
and Energy rather than the Minister for Finance.
Proposed amendment of s.10(2) will require a State to repay to
the Commonwealth on demand by the Minister for Resources and
Energy,, rather than the Minister for Finance, the amount
by
whiqh, at the time of the demand, the total of the amounts
paid to the State exceed the total of the amounts that have
become payable to the State.
Proposed amendment of ~jj~ will give to the Minister for
Resources and Energy, in place of the Minister for Finance,
the power to deduct amounts payable or repayable by a State to
the Commonwealth from amounts payable by the Commonwealth.
By virtue of cl.2(25) of this Bill, the amendments made to
this Act shall come into operation on 1 July 1987.
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61
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Navigation Act 1912
Proposed amendment of s.6(l) will insert new definitions of:
“survey authority” as a body approved by the Minister
for the survey of shipping for various purposes of
the Act; and
“the regulations” to clarify the order—making power
conferred on the Minister by the Act.
Cl.5(15) provides that where, immediately before the
commencement of cl.5, a corporation or association for the
survey of shipping was approved as a survey authority under
s.187BA the Minister shall, on the commencement of cl.5, be
deemed to have made the approval for the purposes of the new
definition in s.6(l) of “survey authority”.
Proposed amendment of s.1l3 and remaking of s.l48D(3) of the
Act will omit references to “forfeiture of wages”, as the Act
no longer provides for forfeiture.
Proposed amendment of s.l87A(l) substituting new definitions
of “certificate of equipment” and “certificate of survey” are
consequential on the proposed insertion of a new s.l94(6).
Proposed amendment of the definition in s.187A(l) of
“international voyage” will ensure that the International
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62
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Convention for the Safety of Life at Sea 1974 (“the Safety
Convention”) does not apply to ships on voyages to which the
Convention is not intended to apply.
Proposed amendment of s.187A(l) omitting the definition of
“survey authority” is consequential on its relocation in
s.6(l) of the Act.
Proposed s.187BA of the Act omitting provision for the
Minister’s approval of survey authorities is also
consequential on the relocation in s.6(1), and rephrasing, of
the definition of “survey authority”.
Cl.5(l4) provides that a standard of classification
certificate approved under s.187BA in its present form that
was current immediately before the commencement of this clause
is to be deemed to have been approved under s.187BA as amended
by the Bill on the commencement of cl.5.
Proposed amendment of s.l94 of the Act will insert a new
s,194(6) empowering the Minister to recognise survey
certificates issued by other administrations whose ship
surveys are equivalent to Australia’s as valid certificates
for the purposes of the Act.
consequentially amended.
S.194(4) is to be
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63
—
Proposed amendment of ss.206T(2) and (3)
and 206V(l) will
enable non—Safety Convention survey certificates to be
restructured in line with Safety Convention survey
certificates, better reflecting actual survey practices.
Proposed amendments of s.22l of the Act will:
ensure that any exemption granted under 5.221(1) is
limited only to such legislative provisions as give
effect to the Load Line Convention;
permit any grant of exemption under 5.221(1) to be
made to individual ships or a class of ships and be
made conditional on compliance with requirements
specified by the Minister, breach of which will be an
offence.
Proposed insertion of new s.227A(IAA) will empower the
Minister to recognise load line certificates issued by other
administrations in the same way as “survey certificates” will
be able to be recognised under s.194.
S.227A(l)(b) is to be
consequentially amended.
Proposed amendment of s.229 is to clarify the scope and power
of regulations on, and orders to regulate, the misuse, as well
as the use, of distress and urgency signals, misuse of which
could result in costly and dangerous search and rescue
operations being mounted.
—
64
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Proposed amendment of s.258 will correct an erroneous
cross—reference in s,258(3) and (5).
Proposed amendment of s.2678 will authorise approved survey
authorities to conduct surveys and to issue ship construction
certificates in relation to Australian oil tankers.
Proposed amendment of s.267O will enable approved survey
authorities to conduct surveys and to issue chemical tanker
construction certificates in relation to Australian chemical
tankers.
Proposed amendments of s.269H will insert references to
“deviation reports” in accordance with recent amendments to
Safety Convention requirements for the reporting of ships’
movements.
Proposed amendments to ss.392(2), 394(4)(b) and 397(2) are
consequential upon the proposed insertion of new s.221(lC).
Proposed amendment of s.397(2) will also omit from that
section reference to previously repealed s.lOO.
Proposed omission of the definition of “survey authority” in
s.405B is consequential on the proposed insertion of that
definition in s.6(l).
65
—
—
Proposed amendment of the definition of”Council” in s.427(1)
will replace reference to the Marine and Ports Council of
Australia (MPCA) with reference to the Australian Transport
Advisory Council, which absorbed all MPCA functions in 1984.’
Non—government Schools (Loans Guarantee) Act 1977
Proposed amendment of s.3 omits the definition of the
“Commonwealth Schools Commission”.
It is consequent upon the
proposed amendments to s.4.
Proposed amendment of s.4 will empower the Minister, rather
than the Commonwealth SchoOls Commission, to exercise the
power to approve building projects of non-government schools
for the purposes of the Act.
This reflects the change in
responsibility for the administration of the Capital Grants
Program for government and non—government schools from the
Commission to the Department of Education.
Proposed repeal’ of s,lQ will abolish the Commission’s power of
delegation under the Act consequent upon the proposed
amendment of s.4.
Proposed new s.10 will empower the Minister
to delegate his/her powers under the Act toofficers of the
Department.
‘
‘
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66
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Pig Industry Act 1986
Proposed amendments of s.39 abolish the prohibition on
nominating members of the executives of industry bodies for
appointment as members of the Australian Pork Corporation.
Protection of the Sea Legislation Amendment Act 1986
The amendments make formal drafting corrections.
By virtue of cl.2(26) of this Bill, the amendments of
s.20(2)(b) and Schedules 1, 2 and 8 shall come into operation,
or be deemed to have come into operation, on the commencement
of ss.20(2), 15(1), 15(2) and 40 respectively of the principal
Act.
Protection of the Sea (Prevention of Pollution from Ships) Act
1983
Proposed insertion in ~
of new definition of “the
regulations” will cause that expression to mean (except in
ss.33 and 34 permitting the making of regulations and orders)
orders as well as regulations made under the Act.
Proposed amendments of s.ll(8). 22(8) and 26B(lO) will insert
in provisions proscribing the making of false statements a
qualification that the provisions are not breached unless such
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67
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statements are made knowingly or recklessly.
The amendments
will meet concerns expressed by the Senate Standing Committee
on Regulations and Ordinances.
Proposed amendments of s.33(1) will expand the range of
matters over which power to make orders may be conferred on
the Minister by regulations.
The regulations will be able to
confer such order—making power over all matters that can be
the subject of regulations under the Act except the
prescription of penalties.
Proposed amendments of s.34 will give orders made under the
regulations maximum width within the framework of the Act and
the regulations.
The amendments will bring these provisions
into line with the order-making provisions contained in s.425
of the Navigation Act 1912.
Public Order (Protection of Persons and Property) Act 1971
Proposed amendment of 5.4(1) inserts a definition of
“protective service officer” by reference to the definition in
the Australia Protective Service Act 1987.
Proposed amendment of ss.l2(2)(c) and 20(2)(c) insert
references to “protective service officer” as a consequence of
the enactment of the Australian Protective Service Act.
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68
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Public Service Act 1922
Proposed insertion of new s.9AA corrects an oversight in the
Public Service Legislation (Streamlining) Act 1986 which
devolved the power to make acting appointments of heads of
Parliamentary departments from the Governor—General to the
Prime Minister.
Consistently with the independent position of
the Parliamentary administration, under the new s.9AA this
power is to be given to the relevant Presiding Officer or to
the Presiding Officers in relation to each of the
Parliamentary departments.
The provisions governing the
exercise of the power are in the standard form of provisions
for acting appointments.
Proposed amendment of s.13A(4) replaces a reference to the
Chairman of the Board, which was inadvertently left in the
section when amendments were made by the Streamlining Act,
with a reference to the Head of the Public Service Board.
Proposed amendment of s.25(4) corrects a drafting error.
By virtue of cl.2(27) of this Bill the proposed amendments of
ss.l3A and 25 shall be deemed to have come into operation on
the 28th day after the Public Service Legislation
(Streamlining) Act 1986 received the Royal Assent.
S.39(8) is to be omitted as it will no longer be necessary
following enactment of a new s.9AA.
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69
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Proposed insertion of new s.49DA will enable the Board to
cancel a transfer or promotion in or to the Senior Executive
Service (SES) before it takes effect.
This is in line with
the Board’s authority over transfers and promotions of other
officers of the Australian Public Service.
Proposed amendments of ss.5ODA and 50DB bring the use of the
terms “vacancy” and “vacant office” into line with their use
in the other provisions in the Act relating to promotions.
Proposed amendment of s.50H makes it clear that the separate
right of officers eligible for redeployment to appeal against
promotions made under s.50 does not extend to non-appellable
promotions as defined in the Act.
Proposed amendment to s.52(3)
is a consequential drafting
amendment to take account of changes being made to the Act by
the Streamlining Act whereby departmental Secretaries are to’
be empowered to accept an officer’s application to decline a
transfer.
By virtue of cl.2(28) of this Bill the proposed amendments of
ss.5ODA, 50DB, 50H and 52 shall come into operation or be
deemed to have come into operation on the date fixed by
Proclamation for the purposes of s.2(2’) of the Public Service
Legislation (Streamlining) Act 1986.
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70
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Proposed amendment of 5.55(1) substitutes a shortened form of
reference to the Merit Protection (Australian Government)
Emnlovees) Act 1984 utilising a definition recently inserted
in the Act.
Proposed amendment of s.57(6) is a drafting change to make the
language non—gender specific.
Proposed amendment of s.76L(3)(b) enables the Board to direct
that an officer of’ the 5E5 is included in a Department under
the same head of power as is used to unattach and reduce the
classification of, or simply reduce the classification of,
such an officer.
The amendment brings this aspect of SES
redeployment into line with that applicable to non—SES staff,
and simplifies procedure by removing the need for this action
to be taken pursuant to s.33C(2) of the Act.
Proposed insertion of new s.76L(3A) and (5A) and amendment of
s.76L(5) will enable an SES officer to consent to the taking
of redeployment or retirement action in respect of that
officer, and allow that action to take effect without delay,
where the parties are in agreement.
Proposed amendment of s.76L(l3) corrects a drafting error.
Proposed amendment of s.76M(3) removes the right of an SES
officer to appeal against the giving of a notice of
redeployment or retirement where that officer has, before the
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71
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notice was issued, consented in writing to the giving of that
notice.
A right of appeal is not necessary where agreement on
the matter has already been reached.
Removal of the right of
appeal also adds flexibility in the specification of the date
of effect of such action.
By virtue of cl.2(29) of this Bill the proposed amendments of
s.76L (other than the amendment of s.76L(l3)) and s.76M made
by this Bill shall come into operation or be deemed to have
come into operation on the day fixed by Proclamation for the
purposes of s.2(3) of the Public Service Legislation
(Streamlining) Act 1956.
Proposed amendment of s.87KAA substitutes a shortened form of
reference to the’ Meri Protection (Australian Government
Emnlovees~Act 1984 utilising a definition recently inserted
in the Act.
It is proposed to omit s.97(1)(l), which enables regulations
to be made in relation to the keeping of a temporary
employment register, the selection of persons from that
register and the terms and conditions
generally.
of temporary employment
This provision was substantially superseded by
s.82AD(10), which was inserted in the Act by the Public
Service and Statutory Authorities Amendment Act 1985.
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72
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Public Service Legislation (S~ream1ining) Act
Proposed amendment of ~
clarifies
19R~
the intention in the Act
that staff employed on a temporary basis pending grant of
Australian citizenship be deemed to have been appointed as
from the date of their engagement.
The original deeming
provision created a problem in that all such persons who were
not already members of the Commonwealth Superannuation Scheme
would have been required to become members of the Scheme,
and
thus liable to pay contributions, from the date of their
appointment.
This will be rectified by the proposed new
s.33(4) which will,
for the purposes of the Superannuation Act
i9.2~, deem such persons to have been appointed to the Service
on and from the commencement of s.33 unless they had earlier
become eligible employees otherwise than as a result of the
operation of s.33(3).
Quarantine Act 1908
Proposed amendment of ~
is a formal,
drafting
amendment.
Proposed amendment of s.70A(4) empowers a quarantine officer
to search goods on Australian vessels coming from the Torres
Strait to the mainland.
-
~
“I’
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73
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Removal of Prisoners (Australian Capit~lTerritory) Act 1968
Proposed amendment in s.3(l) of the definitions of “constable”
and “Magistrate” are consequential upon the proposed insertion
of new s.5B.
Proposed new ~
is inserted to enable a constable to arrest
a prisoner unlawfully at large and bring him before a
Magistrate, so that a new warrant may be issued for his
detention.
A prisoner is unlawfully at large for the purposes
of the amendment if the prisoner is required by law to be in
custody.
At common law, where a prisoner is accidentally
released, for example, by the prison authorities some time
before he is due to be released, the warrant is spent so that
the prisoner cannot be required to return to prison and serve
the balance of his term.
Cl.5(l6) provides that new ~
applies only in relation to a
person who becomes a prisoner unlawfully at large within the
meaning of ‘that section after the commencement of cl.15.
Removal of Prisoners (Territories) Act 1923
Proposed insertion of new ~
will make it clear that a
Territory offender’s sentence will cease to run for the period
he is at large.
At common law, it has been held that where a
prisoner escapes while serving a term of imprisonment he
cannot be detained under the sentence once the term has
expired,
—
Cl.5(17) provides that new ~
74
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applies only in relation to a
person who, after the commencement of cl.5, commits an offence
against s.7(2) of the Act.
Proposed insertion of new ~
will enable a constable to
arrest a prisoner unlawfully at large and bring him before a
Magistrate, so that a new warrant may be issued for his
detention.
A prisoner is unlawfully at large for the purposes
of the amendment, if the prisoner is required by law to be in
custody.
At common law, where a prisoner is accidentally
released, for example, by the prison authorities some time
before he is due to be released, the warrant is spent so that
the prisoner cannot be required to return to prison and serve
the balance of his term.
Cl.5(l8) provides that new s.7B applies only in relation to a
person who becomes a prisoner unlawfully at large within the
meaning of ~
after the commencement of cl.5.
Shipping Registration Act 1981
Proposed amendment of the definition of ~‘owner”in s.3(l) will
ensure that an unregistered owner of a registered ship may be
compelled under s.58 to give the Registrar correct information
about the ship.
Proposed amendment of ss.12.
74 and 75 will create continuing
offences in relation to failure to register a ship or provide
—
75
information in respect of a ship.
—
Prosecutions under the
existing prOvisions have not been effective in securing
compliance with the requirements.
The penalties under ss.74
and 75 for these offences have been appropriately adjusted.
Proposed omission from s.62 of the definition of “unregistered
ship” will ensure the effective operation of ss.68 and 69.
Because the definition displades the definition of
“unregistered ship” in s,3(l) in relation to ss.68 and 69,
those sections currently fail to prohibit foreign—registered
ships entitled to be registered in Australia from undertaking
international voyages.
‘
‘
Proposed amendments of ss.68(1) and (3) and 69(1) are
consequential on the proposed amendment of
~
Social Security and Repatriation Legislation Amendment Act 1984
Proposed amendment of
~
is a formal drafting amendment.
By virtue of cl,2(30) of this Bill, the amendment of s.86
shall be deemed to have come into operation on the
commencement of that section.
‘
South Pacific Nuclear Free Zone Treaty Act 1986
‘
Proposed amendment of s.4 is a formal drafting amendment.
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76
—
Statute Law (Miscellaneous Provisions) Act (No.1) 1986
Proposed amendment of s.2(23)
is a formal, drafting amendment.
Statute Law (Miscellaneous Provisions) Act (No.2) 1986
Proposed amendment of Schedule 1 is a formal, drafting
amendment.
By virtue of cl.2(31) of this Bill, the proposed amendment
shall be deemed to have come into operation on the day on
which the Act received the Royal Assent.
Student Assistance Act’ 1973
S.31A permits recovery of social security benefits paid to a
student from any AUSTUDY entitlement the student has for the
same period.
The proposed amendment ensures that overpayments
of social security benefits to students will be recoverable
from AUSTUDY allowances paid to the parents instead of the
recipient students.
By virtue of cl.5(19), the proposed new s.31A(2) applies in
relation to amounts referred to in s.3lA(l)(a) that are paid
on or after 1 January 1987.
The proposed amendment to s,32 requires decisions by the
Minister under that section to be in writing.
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77
—
Superannuation Legislation Amendment Act (No.2) 1986
Proposed amendment of s.30(2)(b) is a formal drafting
amendment.
By virtue of cl.2(32) of this Bill, the proposed amendment
shall be deemed to have come into operation on the day on
which the Act received the Royal Assent.
Taxation Laws Amendment Act (No.2) 1986
Proposed amendment of s.9 is a formal drafting amendment.
By virtue of cl.2(33) of this Bill, the proposed amendment
shall be deemed to have come into operation on the
commencement of s.9.
Trade Practices Act 1974
Proposed amendment inserts a new s.66A providing that the
provisions of the Vienna Convention on Contracts for the
International Sale of Goods prevail over the provisions of
Part V Division 2 of the Act to the extent of any
inconsistency.
The proposed amendment is required to
eliminate overlap and potential conflict between provisions of
the Act, which import certain terms into contracts for the
sale of goods, and the Vienna Convention, which is being
implemented by uniform legislation in the various States and
Territories.
—
78
—
By virtue of cl.2(34) of this Bill, the amendment made by this
Bill shall come into operation on a day to be fixed by
Proclamation for the purposes of cl.2(34), being a day not
earlier than the day on which the Vienna Convention enters
into force in respect of Australia.
Wheat Tax Act 1957
Proposed amendment of s.5(2) reflects the change of name of
the Australian Wheatgrowers’ Federation to the Grains Council
of Australia from 9 October 1986.
It will also enable another
organization to be substituted by regulations.
Wildlife Protection (Regulation of Exports and Imports)
Amendment Act 1986.
Proposed amendments of s.22(f) are formal drafting amendments.
By virtue of cl.2(35) of this Bill, the proposed amendments
shall be deemed to have come into operation on the
commencement of the Act.
Wine Grapes Levy Collection Act 1979
Proposed amendment of s.9(5) will delete the existing penalty
of $1000 and substitute a ‘penalty of $1000 or imprisonment for
6 months or both for obstruction of an authorised person in
the exercise of powers relating to the Act.
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79
—
Proposed amendment of s.10(l) will delete the existing penalty
of $500 for failing to submit a levy return and substitute a
penalty of $1000 or imprisonment for 6 months, or both, in the
case of a natural person, or $5000 in the case of a body
corporate,
Proposed amendment of s.lO(2). (3). and (4) will replace these
sub—sections with a new s.lO(2).
The sub—sections proposed to
be deleted created a continuing offence for failure to submit
levy returns.
Proposed new s.lO(2) provides that a person is
not excused from submitting a return or providing information on
the ground that it might tend to incriminate the person, but
that any return or information so submitted or provided,
including any information or thing obtained as a direct or
indirect consequence of the furnishing of the return or
information, is not admissible in evidence in criminal
proceedings except for failure to submit a return or to provide
information or the furnishing of information or a return that is
false or misleading in a material particular.
The return or
information will also not be admissible in proceedings to
recover penalty for non-payment of levy.
Proposed amendment of s.lO(5) will delete the existing penalty
of $500 and substitute a penalty of $1000’ or imprisonment for 6
months, or both, in the case of a natural person, or $5000 in
the case of a body corporate, for the offence of providing false
or misleading information to a person performing duties in
relation to the Act.
Proposed amendment of s.10(6) is consequential upon the proposed
amendments to s.lO(2)—(4).
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SCHEDULE 2
Repeal of Acts
Repeal of
—
Commonwealth Aid Roads Act 1969
.
Railway Agreement (New South Wales and South
Australia) Act 1968
Railway Agreement (Oueensland) Act 1961
Railway Acreement (Oueensland) Act 1968
Railway Agreement (Tasmania) Act 1971
Railway Equipment Agreement (South Australia) Act 1961
These Acts are now spent.
Repeal of
—
Dairy Products (Export Inspection Charge) Act 1982
Dairy Products (Export Inspection Charge) Amendment
Act 1984
‘
—
81
—
Dairy Products (Exnort Inspection Charge) Collection
Act 1982
Dairy Products (Export Inspection Charce) Collection
Amendment Act 1984
Dried Fruit (Export Inspection Charae) Act 1981
Dried Fruit (Export Inspection Charge) Collection Act
1981
Eggs (Exnort Inspection Charge) Act 1982
Eggs (Exnort Inspection Charce) Amendment Act 1983
Eggs (ExPort Inspection Charge) Amendment Act 1984
Eggs (Export Inspection Charge) Collection Act 1982
Eggs (Export Inspection Charge) Collection Amendment
Act 1984
Egg Export Legislation Repeal Act 1984
Export Inspection Legislation (Consequential
Amendments) Act 1985
Fish (Export Inspection Charge) Act 1981
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—
Fish (Export Inspection Charce) Collection Act 1981
Grain (Exnort Inspection Charae) Act 1979
Grain (Exnort Inspection Charge) Amendment Act 1983
Grain (Export Inspection Charae) Collection Act 1979
These Acts are no longer operative.