Commonwealth: Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 (Cth)

Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 No. 26 of 1982 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE ACTS INTERPRETATION ACT 1901 3. Principal Act 4. Regulations PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 5. Principal Act 6. Interpretation 7. Establishment of Tribunal 8. Repeal of section 6 and substitution of new section— 6. Appointment of members of Tribunal 9. Qualifications for appointment 10. Repeal of section 8 and substitution of new section— 8. Term of appointment 11. Repeal of section 9 and substitution of new section— 9. Remuneration and allowances 12. Acting appointments 13. Delegation 14. Insertion of new section— 10b. Oath or affirmation of office TABLE OF PROVISIONS—continued Section 15. Repeal of section 11 and substitution of new section— 11. Outside employment 16. Removal from office 17. Constitution of Tribunal for exercise of powers 18. Reconstitution of Tribunal in certain cases 19. Member presiding 20. Tribunal may review certain decisions 21. Tribunal may review decisions as provided by Schedule 1 22. Person affected by decision may obtain reasons for decision 23. Manner of applying for review 24. Parties to proceeding before Tribunal 25. Insertion of new section— 30a. Intervention by Attorney-General 26. Procedure of Tribunal 27. Conferences 28. Hearings to be in public except in special circumstances 29. Certain documents and information not required to be disclosed 30. Certain questions not required to be answered 31. Lodging of material documents with Tribunal 32. Operation and implementation of a decision that is subject to review 33. Review by Tribunal 34. Return of documents, &c., at completion of proceeding 35. Sending of documents to, and disclosure of documents by, the Federal Court of Australia 36. Insertion of new section— 62a. False or misleading evidence 37. Amendments with respect to Schedule 38. Schedule 2 39. Transitional provision with respect to existing members 40. References to members in other enactments PART IV—AMENDMENTS OF THE AGED PERSONS HOSTELS ACT 1972 41. Principal Act 42. Title 43. Short title 44. Interpretation 45. Approval of hostels 46. Amounts of grants 47. Grants for furnishings 48. Transfer of rights in respect of persons 49. Terms and conditions of grants 50. Period of operation 51. Further grants under Aged or Disabled Persons Homes Act PART V—AMENDMENTS OF THE ASHMORE AND CARTIER ISLANDS ACCEPTANCE ACT 1933 52. Principal Act 53. Tabling of Ordinances PART VI—AMENDMENTS OF THE AUDIT ACT 1901 54. Principal Act 55. Commonwealth Public Account 56. Delegation by Minister PART VII—AMENDMENTS OF THE AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 57. Principal Act 58. Tabling of Ordinances in Parliament TABLE OF PROVISIONS—continued Section PART VIII—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 59. Principal Act 60. Interpretation 61. Establishment of Supreme Court 62. Appointment and tenure of Judges 63. Acting Chief Justice 64. Arrangement of business of Court 65. Salary and allowances of Judges 66. Oath of allegiance and office by Judge 67. Rules of Court 68. Seal 69. Transitional provisions PART IX—AMENDMENT OF THE AUSTRALIAN SHIPPING COMMISSION ACT 1956 70. Principal Act 71. Schedule PART X—AMENDMENTS OF CERTAIN BOUNTY ACTS 72. Amendments of certain Bounty Acts PART XI—AMENDMENTS OF THE CENSUS AND STATISTICS AMENDMENT ACT (No. 2) 1981 73. Principal Act 74. Statistics 75. Australian Statistician PART XII—AMENDMENTS OF THE CHRISTMAS ISLAND ACT 1958 76. Principal Act 77. Tabling of Ordinances in Parliament PART XIII—AMENDMENTS OF THE COCOS (KEELING) ISLANDS ACT 1955 78. Principal Act 79. Laying of Ordinances before the Parliament PART XIV—AMENDMENTS OF THE COMMONWEALTH TEACHING SERVICE ACT 1972 80. Principal Act 81. Officers 82. Employees 83. Promotions Appeal Boards PART XV—AMENDMENTS OF THE COMPANIES ACT 1981 84. Principal Act 85. Insertion of new section— 16a. Investigation of certain matters 86. Cancellation or suspension of registration 87. Interpretation 88. Alterations of provisions of memorandum 89. Copies of memorandum and articles 90. Application by recognised company for registration under Division TABLE OF PROVISIONS—continued Section 91. Application by foreign company for registration under Division 92. Redeemable preference shares 93. Commission to be informed of special rights carried by, or division or conversion of, shares 94. Company financing dealings in its shares, & c. 95. Register of options 96. Company to keep register of substantial shareholders 97. Powers of Court with respect to defaulting substantial shareholder 98. Register of debenture holders and copies of trust deed 99. Branch registers 100. Obligations of borrowing corporation 101. Loss or destruction of certificates 102. Charges required to be registered 103. Company to keep documents relating to charges and register of charges 104. Registration under Instruments Ordinance 1933 105. Insertion of new section— 215a. Charges created before commencement of this Act 106. Register of directors' shareholdings, &c. 107. Register of directors, principal executive officers and secretaries 108. Statutory meeting and statutory report 109. Resolutions of exempt proprietary companies 110. Lodgment with the Commission, &c., of copies of certain resolutions and agreements 111. Inspection of minute books 112. Inspection and closing of register 113. Branch registers 114. Provisions for facilitating reconstruction and amalgamation of corporations 115. Functions of committee of management and appointment of deputy official manager 116. Liability as contributories of present and past members 117. Certain notices to be lodged with Commission 118. Effect of voluntary winding up 119. Liquidator's accounts 120. Member of committee not to accept extra benefit 121. Agents 122. Notice to be filed where documents, & c, altered 123. Service of documents on company 124. Address of registered office, principal office, &c. 125. Continuing offences 126. Power of Court to prohibit payment or transfer of moneys, securities or other property 127. Injunctions 128. Schedule 1 PART XVI—AMENDMENTS OF THE COMPANIES (ACQUISITION OF SHARES) ACT 1980 129. Principal Act 130. Provisions relating to acquisition and disposal of, and entitlement to, shares, and associated persons 131. Miscellaneous provisions relating to orders 132. Power of Commission to declare acquisition of shares or other conduct to be unacceptable 133. Insertion of new section— 60a. Power of Commission to make certain orders PART XVII—AMENDMENTS OF THE CONSULAR PRIVILEGES AND IMMUNITIES ACT 1972 134. Principal Act 135. Provision relating to exemption from customs duties PART XVIII—AMENDMENTS OF THE COPYRIGHT ACT 1968 136. Principal Act 137. Interpretation TABLE OF PROVISIONS—continued Section 138. Repeal of section 138 and substitution of new section— 138. Constitution of Tribunal 139. Repeal of section 140 and substitution of new section— 140. Qualifications of members 140. Tenure of office 141. Acting President 142. Repeal of section 143 and substitution of new section— 143. Remuneration and allowances 143. Removal from office for failure to disclose interest 144. Sittings of the Tribunal 145. President to arrange business of Tribunal PART XIX—AMENDMENTS OF THE CORAL SEA ISLANDS ACT 1969 146. Principal Act 147. Tabling of Ordinances PART XX-AMENDMENTS OF THE DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 1967 148. Principal Act 149. Limitation on exemption from customs duties PART XXI—AMENDMENTS OF THE ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 150. Principal Act 151. Orders to be notified and may be disallowed PART XXII—AMENDMENTS OF THE ENVIRONMENT PROTECTION (NUCLEAR CODES) ACT 1978 152. Principal Act 153. Codes of practice to be notified and may be disallowed PART XXIII—AMENDMENT OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 154. Principal Act 155. Rules of Court PART XXIV—AMENDMENTS OF THE HEARD ISLAND AND MCDONALD ISLANDS ACT 1953 156. Principal Act 157. Laying of Ordinances before the Parliament PART XXV—AMENDMENT OF THE IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 158. Principal Act 159 Restrictions on disembarking from certain vessels PART XXVI—AMENDMENT OF THE JUDICIARY ACT 1903 160. Principal Act 161. Repeal of section 87 and substitution of new section— 87. Application of sections 48, 49 and 50 of the Acts Interpretation Act 1901 TABLE OF PROVISIONS—continued Section PART XXVII—AMENDMENT OF THE MINERALS (SUBMERGED LANDS) (REGISTRATION FEES) ACT 1981 162. Principal Act 163. Imposition of registration fees PART XXVIII—AMENDMENTS OF THE NORFOLK ISLAND ACT 1979 164. Principal Act 165. Laying of certain Ordinances before the Parliament PART XXIX—AMENDMENT OF THE NURSING HOMES ASSISTANCE ACT 1974 166. Principal Act 167. Moneys from which payments under this Act to be made PART XXX—AMENDMENTS OF THE PARLIAMENTARY ALLOWANCES ACT 1952 168. Principal Act 169. Allowances to Senators 170. Allowances to members of the House of Representatives 171. Allowances to President, Speaker and Chairman of Committees 172. Repeal PART XXXI—AMENDMENTS OF THE PATENTS ACT 1952 173. Principal Act 174. Interpretation 175. References to prescribed court 176. Crown to be bound 177. Priority date of complete specification 178. Voluntary division of patents 179. Repeal of section 113 and substitution of new section— 113. Infringement action may be instituted in a prescribed court 180. Declaration as to non-infringement 181. Groundless threats of legal proceedings 182. Repeal of section 132 and substitution of new section— 132. Interpretation 183. Insertion of new section— 135a. Regulations with respect to the professional conduct of patent attorneys 184. Jurisdiction of prescribed courts 185. Transfer of proceedings 186. Appeals 187. Application for review 188. Fees 189. Regulations 190. Formal amendments 191. Transitional 192. Compensation PART XXXII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1952 193. Principal Act 194. Determination of matters by reference to other instruments 195. Regulations 196. Amendment of Schedule 3 TABLE OF PROVISIONS—continued Section PART XXXIII—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1973 197. Principal Act 198. Salaries and allowances of certain office holders 199. Travelling allowances payable to holders of certain offices 200. Schedule PART XXXIV—AMENDMENTS OF THE ROYAL COMMISSIONS ACT 1902 201. Principal Act 202. Repeal of section 6dd and substitution of new section— 6dd. Statements made by witness not admissible in evidence against him 203. Insertion of new sections— 7a. Effect of Royal Commissioner having authority to inquire under foreign law 7b. Commission may take evidence outside Australia 7c. Statements made by witness not admissible in evidence against him 204. Evidence of issue of Commission, &c. PART XXXV—AMENDMENTS OF THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910 205. Principal Act 206. Ordinances PART XXXVI—AMENDMENTS OF THE SECURITIES INDUSTRY ACT 1980 207. Principal Act 208. Interpretation 209. Disclosure to Commission 210. Power of Court to make certain orders 211. Use by dealer of clients' moneys 212. Power of Court to restrain dealings with dealer's bank accounts 213. Power of Court to prohibit payment or transfer of moneys, securities or other property PART XXXVII—AMENDMENT OF THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT 1981 214. Principal Act 215. Persons entitled to enrolment and to vote PART XXXVIII—AMENDMENTS OF THE STATUTE LAW REVISION ACT 1981 216. Principal Act 217. Schedule 1 PART XXXIX—AMENDMENTS OF THE STUDENT ASSISTANCE ACT 1973 218. Principal Act 219. Title of Principal Act 220. Benefits provided under this Act 221. Interpretation 222. Repeal of Part II 223. Grant of Tertiary Education Assistance 224. Benefit under Tertiary Education Assistance Grants 225. Repeal of sections 12 and 13 226. Grant of Post-graduate Awards 227. Benefit under Post-graduate Awards 228. Repeal of section 16 TABLE OF PROVISIONS—continued Section 229. Repeal of section 19 and substitution of new section— 19. Remuneration and allowances 230. Termination of appointment 231. Repeal of section 21 and substitution of new section— 21. Resignation 232. Request for review by Tribunal 233. Insertion of new sections— 25a. Constitution of Tribunal 25b. Disclosure of interests by members 234. Powers of Tribunal with respect to decision under review 235. Procedure of Tribunal to be informal, &c. 236. Repeal of section 29 and substitution of new sections— 29. Hearings to be in public except in special circumstances 29a. Opportunity to make submissions concerning evidence 237. Insertion of new section— 30a. Request for reconsideration or review may be made on behalf of person SCHEDULE 1 Amendments of certain Bounty Acts SCHEDULE 2 Amendments of certain other Bounty Acts SCHEDULE 3 Formal Amendments of the Patents Act 1952 Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 No. 26 of 1982 An Act to make various amendments of the statute law of the Commonwealth [Assented to 7 May 1982] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982. Commencement 2. (1) Sections 1 and 2 and Parts VIII and XXXIV shall come into operation on the day on which this Act receives the Royal Assent. (2) Part IX shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Environment Protection (Sea Dumping) Act 1981. (3) Part XI shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Census and Statistics Amendment Act (No. 2) 1981. (4) Section 83 shall be deemed to have come into operation on 10 August 1981. (5) Part XV shall come into operation on the day on which the Companies Act 1981 comes into operation. (6) Part XXVII shall come into operation on the day on which the Companies Act 1981 comes into operation or the day on which the Minerals (Submerged Lands) (Registration Fees) Act 1981 comes into operation, whichever is later. (7) Section 177 and sub-section 191 (1) shall be deemed to have come into operation immediately after the commencement of section 17 of the Patents Amendment Act 1979. (8) The provisions of section 191 (other than sub-section 191 (1)) shall come into operation on a date to be fixed by Proclamation. (9) Section 196 shall come into operation on a date to be fixed by Proclamation. (10) Part XXXVII shall come into operation on the date fixed under sub-section 2 (5) of the Statute Law (Miscellaneous Amendments) Act 1981. (11) Section 217 shall be deemed to have come into operation on 12 June 1981. (12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent. PART II—AMENDMENTS OF THE ACTS INTERPRETATION ACT 1901 Principal Act 3. The Acts Interpretation Act 19011 is in this Part referred to as the Principal Act. Regulations 4. Section 48 of the Principal Act is amended— (a) by omitting paragraph (5a) (a) and substituting the following paragraph: "(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and"; (b) by inserting in sub-section (5a) "first-mentioned" before "House" (third and fourth occurring); and (c) by omitting sub-section (6) and substituting the following sub-sections: "(6) Where a regulation is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (3), the disallowance of the regulation or the operation of sub-section (3) in relation to the regulation, as the case may be, has the same effect as a repeal of the regulation. "(7) Where— (a) a regulation (in this sub-section referred to as the 'relevant regulation') is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (3); and (b) the relevant regulation repealed, in whole or in part, another regulation that was in force immediately before the relevant regulation came into operation, the disallowance of the relevant regulation or the operation of sub-section (3) in relation to the relevant regulation, as the case may be, has the effect of reviving that other regulation from and including the date of the disallowance or the date on which the relevant regulation became void and of no effect by virtue of that operation of sub-section (3), as the case may be, as if the relevant regulation had not been made.". PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 Principal Act 5. The Administrative Appeals Tribunal Act 19751 is in this Part referred to as the Principal Act. Interpretation 6. Section 3 of the Principal Act is amended— (a) by omitting from sub-section (1) the definition of "Deputy President" and substituting the following definition: " 'Deputy President' means a member appointed as a Deputy President of the Tribunal after the commencement of Part III of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982;"; (b) by omitting from paragraph (a) of the definition of "Judge" in sub-section (1) "or of a court of a State"; (c) by omitting from sub-section (1) the definition of "member" and substituting the following definition: " 'member' means a presidential member, a senior member, or any other member of the Tribunal;"; (d) by omitting from sub-section (1) the definition of "presidential member" and substituting the following definition: " 'presidential member' means the President, a member who is a Judge or a Deputy President;"; (e) by omitting from sub-section (1) the definition of "senior non-presidential member" and substituting the following definition: " 'senior member' means a senior member of the Tribunal;"; and (f) by omitting sub-section (4) and substituting the following sub-section: "(4) For the purposes of a reference in this Act to the furnishing to a person of a document or statement, or the service on or giving to a person of a notice or other notification— (a) a document or statement shall be deemed to be furnished to a person, or a notice or other notification shall be deemed to be served on or given to a person, as the case may be, if it is posted to the person by a pre-paid letter— (i) where the document, statement or notice or other notification relates to a proceeding and the person has furnished an address at which documents in relation to the proceeding may be served—to that address; or (ii) where sub-paragraph (i) does not apply— (a) in the case of a person not being a company—to the address of the place of residence or business of the person last known to the person posting the document, statement or notice or other notification; or (b) in the case of a company—to the address of the registered office of the company; and (b) a document or statement so posted shall be deemed to have been furnished, and a notice or other notification so posted shall be deemed to have been served or given, unless the contrary is proved, at the time when the document, statement or notice or other notification would have been delivered in the ordinary course of post.". Establishment of Tribunal 7. (1) Section 5 of the Principal Act is amended by omitting all the words after "number" and substituting "of other members as are appointed in accordance with this Act". (2) The amendment of section 5 of the Principal Act made by sub-section (1) does not affect the continuance in existence of the Administrative Appeals Tribunal in existence immediately before the commencement of this Part. 8. Section 6 of the Principal Act is repealed and the following section is substituted: Appointment of members of Tribunal "6. (1) The members shall be appointed by the Governor-General. "(2) A Judge who is to be appointed as a member (other than the President) of the Tribunal shall be appointed as a presidential member. "(3) A person (other than a Judge) who is to be appointed as a member of the Tribunal shall be appointed as a Deputy President of the Tribunal, as a senior member of the Tribunal, or as a member of the Tribunal. "(4) A member (other than a Judge) shall be appointed either as a full-time member or as a part-time member.". Qualifications for appointment 9. Section 7 of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-sections: "(1) A person shall not be appointed as the President unless he is a Judge of the Federal Court of Australia. "(1a) A person shall not be appointed as a Deputy President unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years. "(1b) A person shall not be appointed as a senior member unless he— (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years; or (b) has, in the opinion of the Governor-General, special knowledge or skill relevant to the duties of a senior member."; (b) by inserting in sub-section (2) "(other than a senior member)" after "non-presidential member" (first occurring); and (c) by omitting from paragraph (2) (c) "a non-presidential member" and substituting "such a member". 10. Section 8 of the Principal Act is repealed and the following section is substituted: Term of appointment "8. (1) Subject to this Part— (a) a presidential member who is a Judge, or a Deputy President who was appointed as a full-time member, holds office until he attains the age of 70 years; (b) a senior member who was appointed as a full-time member holds office until he attains the age of 65 years; and (c) a Deputy President who was appointed as a part-time member, or a non-presidential member (other than such a member to whom paragraph (b) applies), holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment but is eligible for re-appointment. "(2) Where a member who is a Judge ceases to be a Judge, he ceases to hold office as a member. "(3) A person who has attained the age of 70 years shall not be appointed or re-appointed as a full-time member to an office of Deputy President. "(4) A Judge who has attained the age of 70 years shall not be appointed or re-appointed as a member. "(5) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time member to an office of senior member or to an office of member, and a person shall not be appointed or re-appointed as a full-time member to an office of member for a period that extends beyond the date on which he will attain the age of 65 years. "(6) Subject to this Part, a member holds office on such terms and conditions as are prescribed.". 11. Section 9 of the Principal Act is repealed and the following section is substituted: Remuneration and allowances "9. (1) A member, other than a member who is a Judge, shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, he shall be paid such remuneration as is prescribed. "(2) A member to whom sub-section (1) applies shall be paid such allowances as are prescribed. "(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.". Acting appointments 12. Section 10 of the Principal Act is amended— (a) by omitting from sub-section (1) "The Minister may appoint a Deputy President" and substituting "The Governor-General may appoint a Judge of the Federal Court of Australia"; (b) by omitting sub-section (2) and substituting the following sub-section: "(2) Where a Deputy President is, or is expected to be, absent from duty or from Australia, the Governor-General may appoint a person qualified to be appointed as a Deputy President to act as a Deputy President during the absence."; (c) by omitting from sub-section (3) "qualified to be appointed as a non-presidential member"; (d) by omitting sub-section (4) and substituting the following sub-section: "(4) A person shall not be appointed under sub-section (3) to act as a senior member, or as a non-presidential member other than a senior member, unless the person is qualified to be appointed as a senior member or as such a non-presidential member, as the case requires."; (e) by omitting from sub-section (7) "as President,"; (f) by omitting sub-section (8); (g) by inserting in sub-section (9) "as President," after "acting" (first occurring); and (h) by omitting sub-section (10) and substituting the following sub-section: "(10) A person acting as the President, as a Deputy President, as a senior member or as a non-presidential member other than a senior member in accordance with this section has and may exercise all the powers, and shall perform all the functions and duties, conferred or imposed by this Act on the President, on a Deputy President, on a senior member or on a non-presidential member other than a senior member, as the case may be, and, for the purposes of the exercise of those powers, or the performance of those functions and duties, this Act has effect as if a reference to the President, to a Deputy President, to a senior member or to a non-presidential member other than a senior member included a reference to a person acting as the President, as a Deputy President, as a senior member, or as a non-presidential member other than a senior member, as the case may be.". Delegation 13. Section 10a of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-section: "(1) The President may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a member all or any of his powers under this Act, other than this power of delegation."; and (b) by omitting sub-section (3) and substituting the following sub-section: "(3) A delegation may be made to a member under this section notwithstanding that a delegation to another member is, or delegations to other members are, in force under this section.". 14. After section 10a of the Principal Act the following section is inserted: Oath or affirmation of office "10b. A person who is appointed or re-appointed after the commencement of this section as a member shall, before proceeding to discharge the duties of his office, take before the Governor-General, a Justice of the High Court or a Judge of another federal court or of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in Schedule 2.". 15. Section 11 of the Principal Act is repealed and the following section is substituted: Outside employment "11. (1) Subject to sub-section (2), a full-time member shall not, except with the consent of the Minister, engage in paid employment outside the duties of his office. "(2) Sub-section (1) does not apply in relation to the holding by a full-time member of an office or appointment in the Defence Force.". Removal from office 16. Section 13 of the Principal Act is amended by adding at the end thereof the following sub-section: "(11) A reference in sub-sections (1), (7) and (10) to a member does not include a reference to a member who is a Judge.". Constitution of Tribunal for exercise of powers 17. Section 21 of the Principal Act is amended— (a) by inserting in sub-section (1) "and to any other provision made in this Act or in any other enactment with respect to the constitution of the Tribunal in relation to particular proceedings" after "sub-section (1a)"; (b) by omitting paragraph (1) (a) and substituting the following paragraphs: "(aa) a presidential member who is a Judge and 2 other members (not being Judges); (a) a Deputy President and 2 non-presidential members;"; (c) by omitting from paragraph (1) (c) "senior non-presidential member" and substituting "senior member"; (d) by omitting from paragraph (1) (d) "senior"; (e) by inserting in sub-section (1a) "or 30 (1a)" after "(9)"; (f) by inserting in sub-section (1a) ", (1c)" after "(la)"; (g) by inserting at the end of sub-paragraph (1a) (a) (i) "or by a senior member authorized by the President, in accordance with this section, for the purposes of this sub-paragraph"; (h) by inserting at the end of sub-paragraph (1a) (a) (iii) "or"; (j) by omitting from paragraph (1a) (b) "or"; (k) by omitting paragraph (1a) (c);and (m) by adding at the end thereof the following sub-sections: "(3) For the purposes of sub-paragraph (1a) (a) (i), the President may authorize a senior member to exercise, either generally or in relation to a particular proceeding or particular proceedings or to proceedings included within a class or classes of proceedings, any or all of the powers of the Tribunal referred to in sub-section (1a). "(4) The President may at any time vary or revoke an authorization under sub-section (3).". Reconstitution of Tribunal in certain cases 18. Section 21a of the Principal Act is amended— (a) by inserting in sub-section (1) "(a)," before "(b)"; (b) by inserting before paragraph (3) (a) the following paragraph: "(aa) in the case of a proceeding before the Tribunal constituted in accordance with paragraph 21 (1) (a)—the Tribunal is constituted in accordance with paragraph 21 (1) (aa);"; (c) by omitting from paragraph (3) (a) "21 (1) (a)" and substituting "21 (1) (aa) or (a)"; and (d) by omitting from paragraph (3) (b) "(21 (1) (a), (b) or (c)" and substituting "21 (1) (aa), (a), (b) or (c)". Member presiding 19. Section 22 of the Principal Act is amended— (a) by inserting after paragraph (1) (a) the following paragraph: "(aa) if the President is not a member of the Tribunal as so constituted, but a presidential member who is a Judge is a member of the Tribunal as so constituted—that presidential member shall preside; (b) by omitting from paragraph (1) (b) "if the President is not a member of the Tribunal as so constituted" and substituting "if a presidential member who is a Judge is not a member of the Tribunal as so constituted"; and (c) by omitting from paragraph (1) (c) "senior non-presidential member" (wherever occurring) and "senior non-presidential members" (wherever occurring) and substituting "senior member" and "senior members" respectively. Tribunal may review certain decisions 20. Section 25 of the Principal Act is amended— (a) by omitting from sub-section (5) "For the purposes of this section, a failure by a person to do an act or thing within the period prescribed by an enactment" and substituting "For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Tribunal for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment,"; and (b) by inserting in paragraph (6) (b) "41 (1) or" after "sub-section". Tribunal may review decisions as provided by Schedule 1 21. Section 26 of the Principal Act is amended— (a) by omitting from sub-section (8) "(being decisions in respect of which a provision of an enactment provides for review otherwise than by the Tribunal)"; and (b) by omitting from sub-section (8) "28 (1)" and substituting "28 (1A)". Person affected by decision may obtain reasons for decision 22. Section 28 of the Principal Act is amended— (a) by inserting after sub-section (1) the following sub-sections: "(1aa) Where a person to whom a request for a statement in relation to a decision is made by an applicant under sub-section (1) is of the opinion that the applicant is not entitled to be furnished with the statement, that person shall, as soon as practicable but in any case within 28 days after receiving the request, give to the applicant notice in writing of his opinion. "(1ab) A person who gives a notice under sub-section (1aa) with respect to a request for a statement in relation to a decision is not required to comply with the request unless the Tribunal, on application under sub-section (1ac), decides that the applicant was entitled to be furnished with the statement, and, if the Tribunal so decides, the first-mentioned person shall prepare the statement and furnish it to the applicant within 28 days after the decision of the Tribunal is given. "(1ac) The Tribunal shall, on an application being made, as prescribed, by an applicant who has received a notice under sub-section (1aa) with respect to a request for a statement in relation to a decision, decide whether the applicant was, or was not, entitled to be furnished with the statement."; (b) by omitting sub-sections (2) and (3) and substituting the following sub-sections: "(2) If the Attorney-General certifies, by writing signed by him, that the disclosure of any matter contained in a statement prepared in accordance with sub-section (1) would be contrary to the public interest— (a) by reason that it would prejudice the security, defence or international relations of Australia; (b) by reason that it would involve the disclosure of deliberations of the Cabinet or of a Committee of the Cabinet; or (c) for any other reason specified in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter should not be disclosed, the following provisions of this section have effect. "(3) A person to whom a request for a statement in relation to a decision is made under sub-section (1)— (a) is not required to include in the statement any matter in relation to which the Attorney-General has given a certificate under sub-section (2); and (b) where the statement would be false or misleading if it did not include such matter—is not required by sub-section (1) to furnish the statement to the applicant. "(3a) Where a certificate is given under sub-section (2) in relation to matter contained in a statement prepared in accordance with sub-section (1) in relation to a decision— (a) the person who made the decision shall notify the applicant in writing— (i) in a case where the matter is not included in the statement—that the matter is not so included and giving the reason for not including the matter; or (ii) in a case where the statement is not furnished—that the statement will not be furnished and giving the reason for not furnishing the statement; and (b) sub-sections 36 (2) to (8) (inclusive) apply in relation to any statement referred to in paragraph 37 (1) (a) in relation to that decision that is lodged with the Tribunal under section 37 as if the certificate were a certificate given under sub-section 36 (1) in relation to any such matter that is contained in the last-mentioned statement."; and (c) by adding at the end thereof the following sub-section: "(5) If the Tribunal, upon application, as prescribed, for a declaration under this sub-section made to it by an applicant to whom a statement has been furnished in pursuance of a request under sub-section (1), considers that the statement does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the Tribunal may make a declaration accordingly, and, where the Tribunal makes such a declaration, the person to whom the request for the statement was made shall, as soon as practicable but in any case within 28 days after the Tribunal makes the declaration, furnish to the applicant an additional statement or additional statements containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.". Manner of applying for review 23. Section 29 of the Principal Act is amended— (a) by omitting from sub-paragraph (2) (b) (ii) "28 (3)" and substituting "28 (3a)"; and (b) by omitting sub-section (8) and substituting the following sub-section: "(8) The time for making an application to the Tribunal for a review of a decision may be extended under sub-section (7) although that time has expired.". Parties to proceeding before Tribunal 24. Section 30 of the Principal Act is amended— (a) by omitting paragraphs (1) (b) and (c) and substituting the following paragraphs: "(b) the person who made the decision; "(c) if the Attorney-General intervenes in the proceeding under section 30a—the Attorney-General; and "(d) any other person who has been made a party to the proceeding by the Tribunal on application by the person in accordance with sub-section (1a)."; and (b) by inserting after sub-section (1) the following sub-section: "(1a) Where an application has been made by a person to the Tribunal for a review of a decision, any other person whose interests are affected by the decision may apply, in writing, to the Tribunal to be made a party to the proceeding, and the Tribunal may, in its discretion, by order, make that person a party to the proceeding.". 25. After section 30 of the Principal Act the following section is inserted: Intervention by Attorney-General "30a. (1) The Attorney-General may, on behalf of the Commonwealth, intervene in a proceeding before the Tribunal. "(2) Where the Attorney-General intervenes under sub-section (1) in a proceeding for a review of a decision, the Attorney-General may authorize the payment to a party to the proceeding by the Commonwealth of such costs as he considers were reasonably incurred by that party in relation to the proceeding as a result of that intervention.". Procedure of Tribunal 26. Section 33 of the Principal Act is amended— (a) by omitting paragraph (1) (a) and substituting the following paragraph: "(a) the procedure of the Tribunal is, subject to this Act and the regulations and to any other enactment, within the discretion of the Tribunal;"; and (b) by omitting sub-section (2) and substituting the following sub-sections: "(2) For the purposes of sub-section (1), directions as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be given— (a) where the hearing of the proceeding has not commenced—by the President or by a member authorized by the President to give directions for the purposes of this paragraph; and (b) where the hearing of the proceeding has commenced—by the member presiding at the hearing or by any other member authorized by the member presiding to give such directions. "(3) A direction as to the procedure to be followed at or in connection with the hearing of a proceeding before the Tribunal may be varied or revoked at any time by any member empowered in accordance with this section to give such a direction in relation to the proceeding at that time. "(4) An authorization by the President under this section to give directions as to the procedure to be followed at or in connection with the hearing of a proceeding may be of general application or may relate to the hearing of a particular proceeding or particular proceedings or to proceedings included within a class or classes of proceedings. "(5) The President may at any time vary or revoke an authorization under this section.". Conferences 27. Section 34 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section: "(1) Where an application is made to the Tribunal for a review of a decision, the President may, if he thinks it desirable to do so after consideration of any material that has been lodged by the parties, direct the holding of a conference of the parties or their representatives presided over by the President or another presidential member, by a non-presidential member assigned to the relevant Division or by an officer of the Tribunal.". Hearings to be in public except in special circumstances 28. Section 35 of the Principal Act is amended by inserting in paragraph (2) (c) "or received in evidence by the Tribunal" after "Tribunal" (last occurring). Certain documents and information not required to be disclosed 29. Section 36 of the Principal Act is amended— (a) by omitting from sub-section (1) "the contents of" (first occurring) and substituting "any matter contained in"; (b) by omitting from paragraph (1) (c) "contents of the documents" and substituting "matter contained in the document"; (c) by omitting from sub-section (2) "to produce the document to or lodge the document with the Tribunal" and substituting "to produce to, or lodge with, the Tribunal the document in which the matter is contained"; (d) by omitting from sub-section (2) "is not, or the contents of the document are not," and substituting "or the matter contained in the document is not"; (e) by omitting sub-section (3) and substituting the following sub-sections: "(3) Where the Attorney-General has certified in accordance with sub-section (1) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in paragraph (1) (a) or (b), the Tribunal shall consider whether the information or the matter should be disclosed to all or any of the parties to the proceeding and, if it decides that the information or the matter should be so disclosed, the Tribunal shall make the information available or permit the part of the document containing the matter to be inspected accordingly. "(3a) Where, in relation to a proceeding to which the Attorney-General would not, but for this sub-section, be a party, the Attorney-General certifies in accordance with sub-section (1) that the disclosure of information, or of matter contained in a document, would be contrary to the public interest but the certificate does not specify a reason referred to in paragraph (1) (a) or (b), the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding."; (f) by omitting from sub-section (4) "the contents of a document should be disclosed as mentioned in sub-section (3), the President shall take as the basis of his consideration" and substituting "matter contained in a document should be disclosed as mentioned in sub-section (3), the Tribunal shall take as the basis of its consideration"; (g) by omitting from sub-section (4) "contents of (last occurring) and substituting "matter contained in"; (h) by inserting before sub-section (4a) the following sub-section: "(4aa) The Tribunal shall, as soon as practicable after the Tribunal makes a decision under sub-section (3) in relation to information, or matter contained in a document, in relation to a proceeding, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal."; (j) by omitting from sub-sections (4a), (5) and (6) "the contents of" (wherever occurring) and substituting "matter contained in"; and (k) by adding at the end thereof the following sub-sections: "(7) The power of the Tribunal under sub-section (3) to decide whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding may be exercised only by the Tribunal constituted by a presidential member who is a Judge of the Federal Court of Australia. "(8) A decision by the Tribunal under sub-section (3) as to whether or not information, or matter contained in a document, should be disclosed to all or any of the parties to a proceeding is a decision by the Tribunal in that proceeding for the purposes of section 44.". Certain questions not required to be answered 30. Section 36a of the Principal Act is amended— (a) by omitting paragraph (2) (b) and substituting the following paragraph: "(b) in any other case—the Tribunal decides that the answering of the question would not be contrary to the public interest."; (b) by inserting after sub-section (2) the following sub-sections: "(2a) Where the Attorney-General informs the Tribunal that, in his opinion, the answering by a person of a question at the hearing of a proceeding would be contrary to the public interest, being a proceeding to which the Attorney-General would not, but for this sub-section, be a party, the Attorney-General shall, for the purposes of this Act, be deemed to be a party to the proceeding. "(2b) The Tribunal shall, as soon as practicable after making a decision under paragraph (2) (b) whether or not the answering of a question at the hearing of a proceeding would be contrary to the public interest, furnish to each party to the proceeding a document setting out the terms of the decision of the Tribunal."; and (c) by adding at the end thereof the following sub-sections: "(5) The power of the Tribunal under paragraph (2) (b) to decide whether or not the answering of a question at the hearing of a proceeding would be contrary to the public interest may be exercised only by the Tribunal constituted by a presidential member who is a Judge of the Federal Court of Australia. "(6) A decision by the Tribunal under paragraph (2) (b) that the answering by a person of a question at the hearing of a proceeding would, or would not, be contrary to the public interest is a decision by the Tribunal in that proceeding for the purposes of section 44.". Lodging of material documents with Tribunal 31. Section 37 of the Principal Act is amended by inserting after sub-section (1a) the following sub-sections: "(1b) Where an application that has been lodged with the Tribunal for a review of a decision was not lodged within the time within which it was required by section 29 to be lodged, the reference in sub-section (1) to the period of 28 days after the person who made the decision receives notice of the application for a review shall be read as a reference to the period of 28 days after the day on which that person so receives notice or the day on which the Tribunal makes a determination extending the time for the making of the application for a review, whichever is the later. "(1c) The Tribunal may, upon request being made, as prescribed, by a party to a proceeding before the Tribunal for a review of a decision, direct, by order, that sub-section (1b) shall have effect in relation to an application for a review of the decision as if the last reference in that sub-section to a period of 28 days were a reference to such shorter period as is specified in the order. "(1d) Sub-section (1b) does not apply in relation to an application for a review of a decision if the decision is the subject of another application to which sub-section (1b) does not apply.". Operation and implementation of a decision that is subject to review 32. Section 41 of the Principal Act is amended by adding at the end thereof the following sub-sections: "(7) For the purposes of this section, the President may authorize a senior member, either generally or in relation to a particular decision or particular decisions, or to decisions included within a class or classes of decisions, being a decision or decisions in respect of which an application to the Tribunal for a review has been, or may be, made, to exercise the powers and perform the functions of a presidential member under this section, and, where a senior member is so authorized, a reference in this section (other than this sub-section) to a presidential member shall be read as including a reference to that senior member. "(8) The President may at any time vary or revoke an authorization under sub-section (7).". Review by Tribunal 33. Section 43 of the Principal Act is amended— (a) by omitting sub-section (2) and substituting the following sub-sections: "(2) Subject to this section and to sections 35, 36 and 36a, the Tribunal shall give reasons either orally or in writing for its decision. "(2a) Where the Tribunal does not give reasons in writing for its decision, a party to the proceeding may, within 28 days after the day on which a copy of the decision of the Tribunal is served on that party, request the Tribunal to furnish to that party a statement in writing of the reasons of the Tribunal for its decision, and the Tribunal shall, within 28 days after receiving the request, furnish to that party such a statement. "(2b) Where the Tribunal gives in writing the reasons for its decision, those reasons shall include its findings on material questions of fact and a reference to the evidence or other material on which those findings were based."; and (b) by omitting from sub-section (5) "the reasons given" and substituting "reasons given in writing". Return of documents, &c., at completion of proceeding 34. Section 43a of the Principal Act is amended by inserting in sub-section (1) "or any other object" after "document". Sending of documents to, and disclosure of documents by, the Federal Court of Australia 35. Section 46 of the Principal Act is amended— (a) by omitting from sub-section (2) "the contents of (first occurring) and substituting "matter contained in"; (b) by omitting from sub-section (2) "contents of the document are" and substituting "matter is"; (c) by omitting sub-section (3) and substituting the following sub-section: "(3) If— (a) the certificate referred to in sub-section (2) relating to matter contained in the document does not specify a reason referred to in paragraph 28 (2) (a) or (b) or 36 (1) (a) or (b), as the case may be; (b) a question for decision by the Federal Court of Australia is whether the matter should be disclosed to some or all of the parties to the proceeding before the Tribunal in respect of which the appeal was instituted or the reference was made; and (c) the Court decides that the matter should be so disclosed, the court shall permit the part of the document in which the matter is contained to be inspected accordingly."; and (d) by omitting from sub-section (4) "the contents of" and substituting "matter contained in". 36. After section 62 of the Principal Act the following section is inserted: False or misleading evidence "62a. A person appearing as a witness before the Tribunal shall not give evidence that, to his knowledge, is false or misleading. Penalty: $1,000 or imprisonment for 3 months.". Amendments with respect to Schedule 37. (1) The Schedule to the Principal Act is amended by omitting the heading and substituting the following heading: "SCHEDULE 1 REVIEWABLE DECISIONS". (2) The following provisions of the Principal Act are amended by omitting "the Schedule" (wherever occurring) and substituting "Schedule 1": Sub-sections 25 (2) and 26 (1), (2), (3), (4), (5), (6), (7) and (8). Schedule 2 38. The Principal Act is amended by adding at the end thereof the following Schedule: "SCHEDULE 2 Section 10b OATH OR AFFIRMATION OF OFFICE I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors according to law, that I will truly serve Her in the office of (insert name of office of member of Tribunal) and that I will faithfully and impartially perform the duties of that office. So Help Me God! Or I, , do solemnly and sincerely promise and declare that (as above, omitting the words 'So Help Me God!').". Transitional provision with respect to existing members 39. Notwithstanding the amendments made by this Part— (a) the person who was the President of the Tribunal immediately before the commencement of this Part continues, subject to the Principal Act as amended by this Part, to hold office as the President of the Tribunal, but he shall cease to hold office at the time when he would have ceased to hold office if he had been appointed as the President of the Tribunal under section 6 of the Principal Act as so amended; (b) a person who was a Deputy President of the Tribunal immediately before the commencement of this Part shall, subject to the Principal Act as amended by this Part, hold office as a member of the Tribunal as if he had been appointed as a presidential member of the Tribunal under section 6 of the Principal Act as so amended; (c) a person who was a senior non-presidential member of the Tribunal immediately before the commencement of this Part by virtue of a declaration made pursuant to sub-section 6 (4) or (5) of the Principal Act shall, subject to the Principal Act as amended by this Part, hold office as a senior member of the Tribunal as if he had been appointed as a senior member under section 6 of the Principal Act as so amended; and (d) a person who was a non-presidential member (other than a senior non-presidential member) of the Tribunal immediately before the commencement of this Part shall, subject to the Principal Act as amended by this Part, hold office as a member of the Tribunal as if he had been appointed as a member under section 6 of the Principal Act as so amended for the remainder of the period for which he was appointed as a non-presidential member under the Principal Act. References to members in other enactments, &c. 40. (1) Subject to sub-section (2), where a provision of an enactment, being a provision that is in force at the commencement of this Part, requires the Tribunal, for the purpose of the exercise of its powers in relation to any matter, to be constituted by, or to include, a presidential member, a reference in that provision to a presidential member, in relation to the constitution of the Tribunal for that purpose, has effect after that commencement as if it were a reference to a presidential member of the Tribunal who is a Judge of the Federal Court of Australia. (2) Sub-section (1) does not apply to— (a) a provision of the Administrative Appeals Tribunal Act 1975 (other than a provision of Schedule 1 to that Act); or (b) section 154 of the Superannuation Act 1976. (3) A reference in a provision of an enactment or in a determination by the Remuneration Tribunal under the Remuneration Tribunals Act 1973, being a provision of an enactment that is in force, or a determination that is in operation, at the commencement of this Part, to a senior non-presidential member of the Tribunal has effect, after that commencement, as if it were a reference to a senior member of the Tribunal. PART IV—AMENDMENTS OF THE AGED PERSONS HOSTELS ACT 1972 Principal Act 41. The Aged Persons Hostels Act 19723 is in this Part referred to as the Principal Act. Title 42. The title of the Principal Act is amended by inserting "or Disabled" after "Aged". Short title 43. Section 1 of the Principal Act is amended by inserting "or Disabled" after "Aged". Interpretation 44. Section 3 of the Principal Act is amended— (a) by omitting "Aged Persons Homes Act" from the definition of "qualifying subsidized home" in sub-section (1) and substituting "Aged or Disabled Persons Homes Act"; (b) by omitting "Aged Persons Homes Act" (wherever occurring) from the definition of "qualifying unsubsidized home" in sub-section (1) and substituting "Aged or Disabled Persons Homes Act"; (c) by omitting from sub-section (1) the definition of "the Aged Persons Homes Act" and substituting the following definition: " 'the Aged or Disabled Persons Homes Act' means the Aged or Disabled Persons Homes Act 1954;"; (d) by omitting from sub-section (2) "Aged Persons Homes Act 1954-72" and substituting "Aged or Disabled Persons Homes Act"; and (e) by omitting from sub-section (3) "two" (wherever occurring) and substituting "2". Approval of hostels 45. Section 5 of the Principal Act is amended— (a) by omitting from sub-section (1) "aged" and substituting "eligible"; and (b) by omitting from sub-section (4) "Aged Persons Homes Act" and substituting "Aged or Disabled Persons Homes Act". Amounts of grants 46. Section 7 of the Principal Act is amended— (a) by omitting from sub-section (1) "the next succeeding sub-section" and substituting "sub-section (2)"; (b) by omitting from sub-section (1) "the last preceding section" and substituting "section 6"; (c) by omitting from paragraph (1) (a) "aged" (first occurring) and substituting "eligible"; (d) by omitting from paragraph (1) (b) "aged" (first and last occurring) and substituting "eligible"; (e) by omitting from sub-section (3) "the last preceding section" and substituting "section 6"; and (f) by omitting from sub-section (3) "aged" (last occurring) and substituting "eligible". Grants for furnishings 47. Section 8 of the Principal Act is amended— (a) by omitting "aged" and substituting "eligible"; and (b) by omitting "paragraph (a) or (b) of sub-section (1) of the last preceding section" and substituting "paragraph 7 (1) (a) or (b)". Transfer of rights in respect of persons 48. Section 8a of the Principal Act is amended— (a) by omitting from sub-section (1) "aged" (second occurring) and substituting "eligible"; (b) by omitting from sub-section (1) "aged persons to a number" and substituting "a number of persons"; (c) by omitting from paragraph (3) (b) "aged" (first occurring) and substituting "eligible"; (d) by omitting from sub-section (4) "aged" (first, third and last occurring); and (e) by omitting from paragraphs (5) (a) and (b) "aged" (first and last occurring). Terms and conditions of grants 49. (1) Section 9 of the Principal Act is amended— (a) by omitting from sub-section (1) "twelve months" and substituting "12 months"; (b) by omitting from sub-section (4) "the last preceding sub-section" and substituting "sub-section (3)"; and (c) by omitting from sub-section (4) "aged" and substituting "eligible". (2) An undertaking given under sub-section 9 (4) of the Principal Act with respect to the continued use of a hostel as a home for aged persons shall, after the commencement of this Part, be deemed to be an undertaking given under sub-section 9 (4) of the Principal Act as amended by this Part with respect to the continued use of the hostel as a home for eligible persons. Period of operation 50. Section 10 of the Principal Act is amended by omitting from sub-section (1) "three" and substituting "3". Further grants under Aged or Disabled Persons Homes Act 51. Section 12 of the Principal Act is amended— (a) by omitting from sub-section (1) "Aged Persons Homes Act" and substituting "Aged or Disabled Persons Homes Act"; (b) by omitting from sub-section (2) "aged" (first and last occurring); (c) by omitting from sub-section (2) "aged" (second occurring) and substituting "eligible"; and (d) by omitting from sub-section (2) "Aged Persons Homes Act" and substituting "Aged or Disabled Persons Homes Act". PART V—AMENDMENTS OF THE ASHMORE AND CARTIER ISLANDS ACCEPTANCE ACT 1933 Principal Act 52. The Ashmore and Cartier Islands Acceptance Act 19334 is in this Part referred to as the Principal Act. Tabling of Ordinances 53. Section 10 of the Principal Act is amended— (a) by omitting paragraph (4) (a) and substituting the following paragraph: "(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and"; (b) by inserting in sub-section (4) "first-mentioned" before "House" (third and fourth occurring); and (c) by omitting sub-section (5) and substituting the following sub-sections: "(5) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1), the disallowance of the Ordinance or the operation of sub-section (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance. "(5a) Where— (a) an Ordinance (in this sub-section referred to as the 'relevant Ordinance') is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (1); and (b) the relevant Ordinance repealed, in whole or in part, another Ordinance that was in force immediately before the relevant Ordinance came into operation, the disallowance of the relevant Ordinance or the operation of sub-section (1) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance from and including the date of the disallowance or the date on which the relevant Ordinance became void and of no effect by virtue of that operation of sub-section (1), as the case may be, as if the relevant Ordinance had not been made. "(5b) A reference in sub-section (5) or (5a) to an Ordinance shall be read as including a reference to a part of an Ordinance.". PART VI—AMENDMENTS OF THE AUDIT ACT 1901 Principal Act 54. The Audit Act 19015 is in this Part referred to as the Principal Act. Commonwealth Public Account 55. (1) Section 21 of the Principal Act is amended— (a) by omitting from paragraph (1) (b) "includes the words 'Commonwealth Public Account' and"; and (b) by omitting from sub-section (3) "sub-section (1)" and substituting "paragraph (1) (a)". (2) Where— (a) an account for the receipt, custody, payment and transmission of public moneys was maintained with a bank immediately before the commencement of this Part; and (b) the account did not bear a designation that included the words "Commonwealth Public Account", the account— (c) shall be deemed to have been validly opened and to have been, before the commencement of this Part, validly maintained; and (d) shall be treated, for the purposes of the Principal Act as amended by this Part, as if it had been opened by the Minister pursuant to paragraph 21 (1) (b) of the Principal Act as amended by this Part on the date of commencement of this Part. Delegation by Minister 56. Section 70a of the Principal Act is amended by inserting after sub-section (2) the following sub-section: "(2a) A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister.". PART VII—AMENDMENTS OF THE AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 Principal Act 57. The Australian Antarctic Territory Act 19546 is in this Part referred to as the Principal Act. Tabling of Ordinances in Parliament 58. Section 12 of the Principal Act is amended— (a) by omitting paragraph (3a) (a) and substituting the following paragraph: "(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and"; (b) by inser