Commonwealth: Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 (Cth)

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 No. 80 of 1982 TABLE OF PARTS Part I—Preliminary Part II—Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-Management) Act 1978 Part III—Aboriginal Councils and Associations Act 1976 Part IV—Aboriginal Land Rights Legislation Amendment Act 1982 Part V—Aboriginal Land Rights (Northern Territory) Act 1976 Part VI—Acts Interpretation Act 1901 Part VII—Audit Act 1901 Part VIII—Australian Apple and Pear Corporation Act 1973 Part IX—Australian Capital Territory Electricity Supply Act 1962 Part X—Australian Dried Fruits Corporation Act 1978 Part XI—Australian Federal Police Act 1979 Part XII—Banking Act 1959 Part XIII—Bounty (Books) Act 1969 Part XIV—Bounty (Textile Yarns) Act 1981 Part XV—Chicken Meat Research Act 1969 Part XVI—Commonwealth Electoral Act 1918 Part XVII—Commonwealth Places (Application of Laws) Act 1970 Part XVIII—Commonwealth Prisoners Act 1967 Part XIX—Companies Act 1981 Part XX—Companies (Miscellaneous Amendments) Act 1981 Part XXI—Conciliation and Arbitration Act 1972 Part XXII—Crimes Act 1914 Part XXIII—Crimes at Sea Act 1979 Part XXIV—Customs Tariff 1966 Part XXV—Dairy Industry Stabilization Act 1977 Part XXVI—Dairying Research Act 1972 Part XXVII—Darwin Cyclone Damage Compensation Act 1975 Part XXVIII—Defence Act 1903 Part XXIX—Defence Amendment Act 1979 TABLE OF PARTS—continued Part XXX—Defence Service Homes Act 1918 Part XXXI—Dried Vine Fruits Equalization Act 1978 Part XXXII—Egg Export Control Act 1947 Part XXXIII—Excise Tariff Act 1921 Part XXXIV—Explosives Act 1961 Part XXXV—Glebe Lands (Appropriation) Act 1974 Part XXXVI—Great Barrier Reef Marine Park Act 1975 Part XXXVII—Handicapped Persons Assistance Act 1974 Part XXXVIII—Home Deposit Assistance Act 1982 Part XXXIX—Homeless Persons Assistance Act 1974 Part XL—Homes Savings Grant Act 1964 Part XLI—Homes Savings Grant Act 1976 Part XLII—Honey Industry Act 1962 Part XLIII—Honey Levy Collection Act 1962 Part XLIV—Industrial Research and Development Incentives Act 1976 Part XLV—Live-stock Slaughter Levy Collection Act 1964 Part XLVI—Meat Chicken Levy Collection Act 1969 Part XLVII—National Labour Consultative Council Act 1977 Part XLVIII—Navigation Act 1912 Part XLIX—Norfolk Island Act 1979 Part L—Northern Territory Railway Extension Act 1971 Part LI—Nursing Homes Assistance Act 1974 Part LII—Overseas Telecommunications Act 1946 Part LIII—Parliament House Construction Authority Act 1979 Part LIV—Petroleum (Submerged Lands) Act 1967 Part LV—Pig Industry Research Act 1971 Part LVI—Pig Meat Promotion Act 1975 Part LVII—Postal Services Act 1975 Part LVIII—Poultry Industry Assistance Act 1965 Part LIX—Poultry Industry Levy Collection Act 1965 Part LX—Public Accounts Committee Act 1951 Part LXI—Public Service Act 1922 Part LXII—Public Works Committee Act 1969 Part LXIII—Re-establishment and Employment Act 1945 Part LXIV—Removal of Prisoners (Australian Capital Territory) Act 1968 Part LXV—Representation Act 1905 Part LXVI—Science and Industry Research Act 1949 Part LXVII—Seamen's Compensation Act 1911 Part LXVIII—Seat of Government (Administration) Act 1910 Part LXIX—States Grants (Petroleum Products) Act 1965 Part LXX—Statute Law (Miscellaneous Amendments) Act 1981 Part LXXI—Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 Part LXXII—Statute Law Revision Act 1981 Part LXXIII—Telecommunications Act 1975 Part LXXIV—Territory Authorities (Financial Provisions) Act 1978 Part LXXV—Therapeutic Goods Act 1966 Part LXXVI—Trade Practices Act 1974 Part LXXVII—Administrative Arrangements Amendments SCHEDULES Schedule 1—Formal Amendments of the Explosives Act 1961 Schedule 2—Amendments of the Home Deposit Assistance Act 1982 Schedule 3—Amendments of the Homes Savings Grant Act 1964 Schedule 4—Amendments of the Homes Savings Grant Act 1976 Schedule 5—New Schedule 5a to the Navigation Act 1912 Schedule 6—New Schedule 6a to the Navigation Act 1912 Schedule 7—Further Amendments of the Navigation Act 1912 Schedule 8—Further Amendments of the Parliament House Construction Authority Act 1979 Schedule 9—Formal Amendments of the Petroleum (Submerged Lands) Act 1967 Schedule 10—Amendment of Schedule 2 to the Petroleum (Submerged Lands) Act 1967 Schedule 11—New Schedules 2 and 3 to the Public Service Act 1922 Schedule 12—Amendments of Certain Acts Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 No. 80 of 1982 An Act to make various amendments of the statute law of the Commonwealth [Assented to 22 September 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. 2) 1982. Commencement 2. (1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent. (2) Part IV and sections 12 and 13 shall be deemed to have come into operation on 15 April 1982. (3) Part IX shall be deemed to have come into operation on 13 August 1982. (4) Parts XII and XIX shall come into operation on such respective dates as are fixed by Proclamation. (5) Part XIV shall be deemed to have come into operation on 22 July 1981. (6) Part XVII, Division 2 of Part XVIII and Parts XXII, XXIII and LXIV shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 8 of the Crimes Amendment Act 1982. (7) Division 1 of Part XVIII shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of section 7 of the Crimes Amendment Act 1982. (8) Parts XX and LXXIV shall be deemed to have come into operation on 1 July 1982. (9) Part XXI shall be deemed to have come into operation on 2 June 1972. (10) Section 178 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Protocol amending the International Convention relating to the limitation of the liability of owners of sea-going ships signed at Brussels on 10 October 1957 enters into force for Australia. (11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982. (12) Section 196 and Parts LVII and LXXIII shall come into operation on the date of commencement of the Petroleum (Submerged Lands) Amendment Act 1980, or the day on which this Act receives the Royal Assent, whichever is the later. (13) Part LX shall be deemed to have come into operation on 4 December 1979. (14) Part LXX shall be deemed to have come into operation on 30 December 1981. (15) Part LXXII shall be deemed to have come into operation on 12 June 1981. (16) 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 ABORIGINAL AND TORRES STRAIT ISLANDERS (QUEENSLAND RESERVES AND COMMUNITIES SELF-MANAGEMENT) ACT 1978 Principal Act 3. The Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 19781 is in this Part referred to as the Principal Act. Power of Councils for Reserves and Communities to which this Act applies to make by-laws 4. Section 10 of the Principal Act is amended— (a) by omitting sub-section (5) and substituting the following sub-sections: "(5) Where the Minister approves any by-laws, he shall— (a) cause the by-laws to be notified in the Gazette; and (b) cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of his approval. "(5a) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified."; and (b) by omitting sub-section (7) and substituting the following sub-section: "(7) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.". PART III—AMENDMENTS OF ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 Principal Act 5. The Aboriginal Councils and Associations Act 19762 is in this Part referred to as the Principal Act. Establishment of Aboriginal Council 6. Section 19 of the Principal Act is amended by omitting from sub-paragraph (3) (d) (ii) "mortage" and substituting "mortgage". By-laws 7. Section 30 of the Principal Act is amended by omitting sub-sections (5), (6) and (7) and substituting the following sub-sections: "(5) Where the Minister approves any by-laws, he shall— (a) cause the by-laws to be notified in the Gazette; and (b) cause a copy of the by-laws to be laid before each House of the Parliament within 15 sitting days of that House after the giving of his approval. "(6) By-laws made under this section take effect from the day on which they are notified in the Gazette or, where a later date is specified in the by-laws, from the date specified. "(7) If a copy of any by-laws is not laid before each House of the Parliament in accordance with sub-section (5), the by-laws shall be void and of no effect. "(7a) Where a copy of any by-laws has been laid before a House of the Parliament in accordance with sub-section (5) of this section, the provisions of section 48 (other than sub-sections (1), (2) and (3)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to those by-laws as if references in those provisions to regulations were references to by-laws.". Order with respect to disposable estate or interest 8. Section 78 of the Principal Act is amended by omitting sub-section (5). 9. After section 78 of the Principal Act the following section is inserted: Certain transfers and dealings void "78a. (1) A purported transfer of, or other dealing with, an estate or interest in land held by an Aboriginal corporation is void and of no effect unless the transfer or other dealing is a prescribed transfer or dealing. "(2) In sub-section (1), 'prescribed transfer or dealing' means— (a) a transfer of, or other dealing with, a disposable estate or interest; (b) in the case of an estate or interest in land held by an Aboriginal Council, other than a disposable estate or interest— (i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 19 (3) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or (ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as mentioned in paragraph 29 (b) to the giving of the mortgage, charge or other security; and (c) in the case of an estate or interest in land held by an Incorporated Aboriginal Association, other than a disposable estate or interest— (i) the giving of a mortgage or charge upon or over, or any other disposal of, the estate or interest, where the Minister has consented as mentioned in sub-paragraph 46 (1) (d) (ii) to the giving of the mortgage or charge or to the other disposal; or (ii) the giving of a mortgage, charge or other security upon or over the estate or interest, where the Minister has consented as mentioned in paragraph 51 (b) to the giving of the mortgage, charge or other security.". PART IV—AMENDMENT OF ABORIGINAL LAND RIGHTS LEGISLATION AMENDMENT ACT 1982 Principal Act 10. The Aboriginal Land Rights Legislation Amendment Act 19823 is in this Part referred to as the Principal Act. Recommendations for grants of Crown land, other than that described in Schedule 1 11. Section 7 of the Principal Act is amended by omitting paragraph (1) (f) and substituting the following paragraph: "(f) by inserting in sub-section (3) ', (1ab) or (1ad)' after '(1)'; and". PART V—AMENDMENTS OF ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976 Principal Act 12. The Aboriginal Land Rights (Northern Territory) Act 19764 is in this Part referred to as the Principal Act. Recommendations for grants of Crown land, other than that described in Schedule 1 13. Section 11 of the Principal Act is amended by omitting from paragraph (1) (d) "aquired" and substituting "acquired". Proclamations to be laid before Houses of Parliament 14. Section 42 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 paragraph (4) (b) "first-mentioned" before "House"; and (c) by inserting in sub-section (4) "first-mentioned" before "House" (second-last and last occurring). PART VI—AMENDMENT OF ACTS INTERPRETATION ACT 1901 Principal Act 15. The Acts Interpretation Act 19015 is in this Part referred to as the Principal Act. Constitutional and official definitions 16. Section 17 of the Principal Act is amended by inserting after paragraph (i) the following paragraph: "(ia) 'The Department' means the Department of State of the Commonwealth that is administered by the Minister for the time being administering the Act or enactment in which or in respect of which the expression is used or, if, for the time being, different Ministers are administering that Act or enactment in different respects, the Department of State of the Commonwealth that is administered by the Minister administering that Act or enactment in the relevant respect;". PART VII—AMENDMENTS OF AUDIT ACT 1901 Principal Act 17. The Audit Act 19016 is in this Part referred to as the Principal Act. Investment of moneys standing to credit of Trust Fund 18. Section 62b of the Principal Act is amended— (a) by inserting after paragraph (1) (a) the following paragraphs: "(aa) in any securities of a government authority; (ab) on loan to an authorized dealer;"; (b) by omitting from paragraph (1) (b) "or"; (c) by inserting after paragraph (1) (b) the following paragraphs: "(ba) in certificates of deposit issued by a savings bank or a trading bank; (bb) in clean bills of exchange;"; (d) by adding at the end of sub-section (1) the following word and paragraph: "; or (d) in any other form of investment approved by the Minister for the purposes of this sub-section."; (e) by omitting from sub-section (2) "securities or deposits taken or" and substituting "investment"; (f) by omitting from sub-section (2) "taken or"; and (g) by adding at the end thereof the following sub-section: "(4) In this section— 'authorized dealer' means a corporation that is an authorized dealer in the short-term money market as defined by sub-regulation 5 (1) of the Banking (Savings Banks) Regulations as amended and in force from time to time under the Banking Act 1959; 'clean bill of exchange' means a bill of exchange that— (a) has been accepted by a trading bank; (b) has been indorsed by a trading bank or trading banks; and (c) has not been indorsed by any person other than a trading bank; 'government authority' means a public authority constituted by or under a law of the Commonwealth, of a State or of a Territory and includes a municipal corporation or other local government body.". PART VIII—AMENDMENT OF AUSTRALIAN APPLE AND PEAR CORPORATION ACT 1973 Principal Act 19. The Australian Apple and Pear Corporation Act 19737 is in this Part referred to as the Principal Act. 20. Section 17 of the Principal Act is repealed and the following section is substituted: Deputies of members "17. (1) The Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of a member other than the Chairman or the member representing the Commonwealth. "(2) The Minister may appoint a person to be the deputy of the member representing the Commonwealth. "(3) The Minister may, at any time, revoke the appointment of a person as the deputy of a member and shall revoke such an appointment if the deputy fails, without reasonable excuse, to comply with his obligations under section 22. "(4) The deputy of a member may resign his office by writing signed by him and delivered to the Minister. "(5) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Corporation, to attend that meeting and, when so attending, shall be deemed to be a member of the Corporation. "(6) The appointment of a person as the deputy of a member is not invalidated, and shall not be called into question, by reason of a defect or irregularity in or in connection with his appointment.". PART IX—AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY ELECTRICITY SUPPLY ACT 1962 Principal Act 21. The Australian Capital Territory Electricity Supply Act 19628 is in this Part referred to as the Principal Act. Constitution of Authority 22. Section 6 of the Principal Act is amended by omitting from sub-section (11) "the President" and substituting "the Speaker". PART X—AMENDMENT OF AUSTRALIAN DRIED FRUITS CORPORATION ACT 1978 Principal Act 23. The Australian Dried Fruits Corporation Act 19789 is in this Part referred to as the Principal Act. 24. Section 18 of the Principal Act is repealed and the following section is substituted: Deputies of members "18. (1) The Minister may, if requested by the Corporation so to do, appoint a person recommended by the Corporation to be the deputy of a member other than the Chairman or the member representing the Commonwealth. "(2) The Minister may appoint a person to be the deputy of the member representing the Commonwealth. "(3) The Minister may, at any time, revoke the appointment of a person as the deputy of a member and shall revoke such an appointment if the deputy fails, without reasonable excuse, to comply with his obligations under sub-section 22 (3) or (5). "(4) The deputy of a member may resign his office by writing signed by him and delivered to the Minister. "(5) The deputy of a member is entitled, in the event of the absence of the member from a meeting of the Corporation, to attend that meeting and, when so attending, shall be deemed to be a member of the Corporation. "(6) The appointment of a person as the deputy of a member is not invalidated, and shall not be called into question, by reason of a defect or irregularity in or in connection with his appointment.". PART XI—AMENDMENTS OF AUSTRALIAN FEDERAL POLICE ACT 1979 Principal Act 25. The Australian Federal Police Act 197910 is in this Part referred to as the Principal Act. Absence, &c., of Commissioner or Deputy Commissioner 26. Section 19 of the Principal Act is amended by inserting after sub-section (1) the following sub-section: "(1a) The Minister may determine the remuneration and allowances of a person who is, in accordance with sub-section (1), exercising the powers and performing the functions and duties of the Commissioner or the Deputy Commissioner, but a person is not entitled to be paid remuneration or allowances under this section except in respect of the exercise by him of the powers, and the performance by him of the functions and duties, of the Commissioner or the Deputy Commissioner, as the case may be, for a period of at least one week.". Appointment of former narcotics officers to be members 27. Section 26a of the Principal Act is amended— (a) by omitting from sub-section (2) "sections 25 and 73" and substituting "section 25"; and (b) by omitting from sub-section (3) "sections 26 and 73" and substituting "section 26". 28. (1) Section 28 of the Principal Act is repealed and the following section is substituted: Undertakings and oaths or affirmations "28. (1) A Deputy Commissioner appointed under section 17, or a person appointed under paragraph 25 (1) (a) or 26 (1) (a) or section 27, shall, immediately after his appointment, enter into an undertaking, in accordance with the prescribed form, relating to the performance of his duties. "(2) A person appointed under Division 1 shall, before commencing to perform his duties, make and subscribe, before a person authorized by the Minister, such oath or affirmation as is prescribed. "(3) A person appointed under paragraph 25 (1) (a) to be a commissioned officer in a component or appointed under paragraph 26 (1) (a) to be a non-commissioned officer in a component shall, in accordance with the regulations, make and subscribe, before a person authorized by the Minister, such oath or affirmation as is prescribed in relation to that component. "(4) Subject to sub-section (6), where a person who is a commissioned officer in a component is promoted under paragraph 25 (1) (b) or transferred under paragraph 25 (1) (c) to a commissioned rank in the other component, he shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that other component. "(5) Subject to sub-section (6), where a person who is a non-commissioned officer in a component is promoted under paragraph 26 (1) (b) or transferred under paragraph 26 (1) (c) to a non-commissioned rank in the other component, he shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that other component. "(6) A person promoted or transferred to a rank in a component as mentioned in sub-section (4) or (5) is not required to make and subscribe an oath or affirmation as mentioned in that sub-section if— (a) at any time before his promotion or transfer, he held a rank in that component; and (b) he has been a member at all times since he last ceased to hold a rank in that component. "(7) A person appointed under section 27 to assist in the performance of the functions of a component shall, in accordance with the regulations, make and subscribe, before a person authorized by the Commissioner, such oath or affirmation as is prescribed in relation to that component. "(8) In this section, 'appoint' does not include promote or transfer.". (2) Where, at any time before the commencement of this section, a person was appointed, promoted or transferred under the Australian Federal Police Act 1979, that appointment, promotion or transfer shall not be taken to have been, or to be, invalid, and shall not be called into question, by reason of a failure by that person to enter into an undertaking, or to make or subscribe an oath or affirmation, as required by section 28 of the Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section. (3) The validity of anything done by a person in the performance of his duties as a member of the Australian Federal Police shall not be called into question by reason of a failure by that person to enter into an undertaking, or to make or subscribe an oath or affirmation, as required by section 28 of the Australian Federal Police Act 1979 as in force, or as amended and in force, at any time before the commencement of this section. Minister to obtain advice 29. Section 32 of the Principal Act is amended by inserting "Employment and" before "Industrial Relations". Preference for certain appointments 30. Section 73 of the Principal Act is amended— (a) by inserting in sub-section (1) "26a or" after "section"; and (b) by omitting paragraph (1) (b) and substituting the following paragraph: "(b) was— (i) a member of an existing Police Force immediately before the commencement date; or (ii) an officer of the Australian Public Service to whom section 26a applied;". PART XII—AMENDMENTS OF BANKING ACT 1959 Principal Act 31. The Banking Act 195911 is in this Part referred to as the Principal Act. 32. After Part II of the Principal Act the following Part is inserted: "PART IIa—BANK MERGERS Operation of certain State and Territory laws relating to bank mergers "38a. (1) Any law of the Commonwealth with which a provision of a law of a State or Territory referred to in the Third Schedule would, but for this sub-section, be inconsistent has effect subject to that provision, or shall be deemed to have had effect subject to that provision, as the case may be, on and from the day that is the prescribed day in relation to that provision. "(2) Without prejudice to its effect apart from this sub-section, each provision of a law of a State or Territory referred to in the Third Schedule has, or shall be deemed to have had, as the case may be, by force of this sub-section, on and from the day that is the prescribed day in relation to that provision, the effect that it would have, or would have had, if that law bound the Crown in right of the Commonwealth, of the Northern Territory and of Norfolk Island. "(3) If, at any time after the commencement of this Part, a law of a State or Territory is passed or made for the purpose of, or for the purpose of making provision consequent upon or in relation to, the merger of 2 or more bodies corporate that carry on the general business of banking, the Treasurer may, in his discretion, by writing signed by him and published in the Gazette, declare that law to be a law to which this sub-section applies. "(4) Where a declaration is made under sub-section (3) in relation to a law of a State or Territory— (a) any law of the Commonwealth with which a provision of that law of a State or Territory would, but for this paragraph, be inconsistent has effect, subject to that provision, or shall be deemed to have had effect subject to that provision, as the case may be, on and from the day that is the prescribed day in relation to that provision; and (b) without prejudice to its effect apart from this paragraph, each provision of that law of a State or Territory has, or shall be deemed to have had, as the case may be, by force of this paragraph, on and from the day that is the prescribed day in relation to that provision, the effect that it would have, or would have had, if that law bound the Crown in right of the Commonwealth, of the Northern Territory and of Norfolk Island. "(5) A reference in this section to the prescribed day in relation to a provision of a law of a State or Territory is a reference to the day on which that provision comes or came into operation.". Addition of Schedule 33. The Principal Act is amended by adding at the end thereof the following Schedule: "THIRD SCHEDULE The Commercial Bank of Australia Limited (Merger) Act, 1982 of New South Wales The Commercial Banking Company of Sydney Limited (Merger) Act, 1982 of New South Wales The Commercial Bank of Australia Limited (Merger) Act 1982 of Victoria The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Victoria Commercial Bank of Australia Limited Merger Act 1982 of Queensland Commercial Banking Company of Sydney Limited Merger Act 1982 of Queensland The Commercial Bank of Australia Limited (Merger) Act, 1982 of South Australia The Commercial Banking Company of Sydney Limited (Merger) Act, 1982 of South Australia The Commercial Bank of Australia Limited (Merger) Act 1982 of Western Australia The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Western Australia Commercial Bank of Australia Limited (Merger) Act 1982 of Tasmania Commercial Banking Company of Sydney Limited (Merger) Act 1982 of Tasmania The Commercial Bank of Australia Limited (Merger) Act 1982 of the Northern Territory The Commercial Banking Company of Sydney Limited (Merger) Act 1982 of the Northern Territory The Commercial Bank of Australia Limited (Merger) Ordinance 1982 of the Australian Capital Territory The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982 of the Australian Capital Territory" PART XIII—AMENDMENT OF BOUNTY (BOOKS) ACT 1969 Principal Act 34. The Bounty (Books) Act 196912 is in this Part referred to as the Principal Act. Return for Parliament 35. Section 18 of the Principal Act is amended by inserting in paragraph (1) (b) "the amount of bounty paid to each person in that financial year and" before "the number". PART XIV—AMENDMENT OF BOUNTY (TEXTILE YARNS) ACT 1981 Principal Act 36. The Bounty (Textile Yarns) Act 198113 is in this Part referred to as the Principal Act. Appointment of authorized officers 37. Section 14 of the Principal Act is amended by omitting from sub-section (2) "of Business and Consumer Affairs". Offences 38. Section 18 of the Principal Act is amended by omitting from sub-section (7) "section 7" and substituting "section 8". PART XV—AMENDMENTS OF CHICKEN MEAT RESEARCH ACT 1969 Principal Act 39. The Chicken Meat Research Act 196914 is in this Part referred to as the Principal Act. Constitution of Committee 40. (1) Section 9 of the Principal Act is amended— (a) by omitting from paragraph (1) (e) "of Primary Industry"; and (b) by omitting from paragraph (2) (b) "a period of three years" and substituting "such period, not exceeding 3 years, as is specified in their respective instruments of appointment". (2) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Committee who was appointed before the commencement of this Part. Chairman of Committee 41. Section 10 of the Principal Act is amended by omitting "of Primary Industry". PART XVI—AMENDMENTS OF COMMONWEALTH ELECTORAL ACT 1918 Principal Act 42. The Commonwealth Electoral Act 191815 is in this Part referred to as the Principal Act. Use of licensed premises as polling booth 43. Section 100 of the Principal Act is amended— (a) by omitting "No part" and substituting "Subject to sub-section (2), no part"; and (b) by adding at the end thereof the following sub-section: "(2) Premises may be used for the purpose of a polling booth notwithstanding that the premises are, or any part of the premises is, licensed for the sale of intoxicating liquor if the Chief Australian Electoral Officer declares, by writing under his hand, that he is satisfied that no intoxicating liquor will be available for sale in any part of those premises during the hours of polling on polling day.". Power to make Rules of Court 44. Section 202 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-section: "(2) Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to Rules of Court made under this section as if references in those sections of that Act to regulations were references to Rules of Court.". PART XVII—AMENDMENTS OF COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970 Principal Act 45. The Commonwealth Places (Application of Laws) Act 197016 is in this Part referred to as the Principal Act. Schedule 46. The Schedule to the Principal Act is amended— (a) by inserting ", 17a" after "17"; (b) by inserting ", 20aa, 20ab, 20ac" after "20a"; and (c) by inserting ", 21aa" after "21a". PART XVIII—AMENDMENTS OF COMMONWEALTH PRISONERS ACT 1967 Division 1—Amendment consequential on section 7, Crimes Amendment Act 1982 Principal Act 47. The Commonwealth Prisoners Act 196717 is in this Division referred to as the Principal Act. Fixing of minimum term of imprisonment 48. Section 4 of the Principal Act is amended by omitting from sub-section (5) "Notwithstanding sub-section (1) of section 19 of the Crimes Act 1914-1966" and substituting "Notwithstanding sub-sections (1) and (4) of section 19 of the Crimes Act 1914". Division 2—Amendment consequential on section 8, Crimes Amendment Act 1982 Principal Act 49. The Commonwealth Prisoners Act 196717 is in this Division referred to as the Principal Act. Exercise of Royal prerogative of mercy and operation of other Commonwealth laws or Territory laws 50. Section 22 of the Principal Act is amended by omitting from paragraph (b) "section 17, section 19a or section 20 of the Crimes Act 1914-1966" and substituting "section 17, 19a, 20 or 20ab of the Crimes Act 1914". PART XIX—AMENDMENTS OF COMPANIES ACT 1981 Principal Act 51. The Companies Act 198118 is in this Part referred to as the Principal Act. Interpretation 52. Section 5 of the Principal Act is amended— (a) by omitting "or" from paragraph (c) of the definition of "corporation" in sub-section (1); and (b) by adding at the end of the definition of "corporation" in sub-section (1) the following word and paragraph: "or (e) a corporation constituted under the Unit Titles Ordinance 1970;". Publication of name, &c., of recognized company or recognized foreign company 53. Section 509 of the Principal Act is amended— (a) by omitting sub-sections (2) and (3) and substituting the following sub-sections: "(2) There shall appear in legible characters on every relevant negotiable instrument of a recognized company or recognized foreign company (other than a banking corporation) that is issued or signed in the Territory the name of the recognized company or recognized foreign company and, if default is made in complying with this sub-section, the recognized company or recognized foreign company is guilty of an offence. Penalty: $1,000. "(3) If an officer of a recognized company or recognized foreign company, or any other person— (a) on behalf of the recognized company or recognized foreign company, issues or publishes in the Territory, or authorizes the issue or publication in the Territory of, any relevant document of the recognized company or recognized foreign company that does not comply with the requirements of sub-section (1); or (b) signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the recognized company or recognized foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is guilty of an offence. Penalty: $1,000. "(3a) If an officer of a recognized company or a recognized foreign company, or any other person, signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the recognized company or recognized foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is liable to the holder of the relevant negotiable instrument for the amount due on it unless that amount is paid by the recognized company or the recognized foreign company, as the case may be."; and (b) by omitting sub-section (5) and substituting the following sub-section: "(5) In this section— 'relevant document', in relation to a recognized company or a recognized foreign company, means a business letter, statement of account, invoice, receipt, order for goods, order for services, official notice or publication of, or purporting to be issued or signed by or on behalf of, the recognized company or recognized foreign company; 'relevant negotiable instrument', in relation to a recognized company or a recognized foreign company, means a bill of exchange, promissory note, cheque or other negotiable instrument, indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable instrument, or a letter of credit of, or purporting to be issued or signed by or on behalf of, the recognized company or recognized foreign company.". Publication of name, &c, of foreign company 54. Section 517 of the Principal Act is amended— (a) by omitting sub-sections (2) and (3) and substituting the following sub-sections: "(2) There shall appear in legible characters on every relevant negotiable instrument of a foreign company (other than a banking corporation) that is issued or signed in the Territory the name of the foreign company and, if default is made in complying with this sub-section, the foreign company is guilty of an offence. Penalty: $1,000. "(3) If an officer of a foreign company, or any other person— (a) on behalf of the foreign company, issues or publishes in the Territory, or authorizes the issue or publication in the Territory of, any relevant document of the foreign company that does not comply with the requirements of sub-section (1); or (b) signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is guilty of an offence. Penalty: $1,000. "(3a) If an officer of a foreign company, or any other person, signs or issues in the Territory, or authorizes to be signed or issued in the Territory, on behalf of the foreign company, any relevant negotiable instrument that does not comply with the requirements of sub-section (2), he is liable to the holder of the relevant negotiable instrument for the amount due on it unless that amount is paid by the foreign company."; and— (b) by omitting sub-section (5) and substituting the following sub-section: "(5) In this section— 'relevant document', in relation to a foreign company, means a business letter, statement of account, invoice, receipt, order for goods, order for services, official notice or publication of, or purporting to be issued or signed by or on behalf of, the foreign company; 'relevant negotiable instrument', in relation to a foreign company, means a bill of exchange, promissory note, cheque or other negotiable instrument, indorsement on, or order in, a bill of exchange, promissory note, cheque or other negotiable instrument, or a letter of credit of, or purporting to be issued or signed by or on behalf of, the foreign company.". 55. Section 581 of the Principal Act is repealed and the following section is substituted: Operation of certain Ordinances "581. (1) Section 377 has effect as provided by section 39 of the Workmen's Compensation Supplementation Fund Ordinance 1980 in relation to the liquidator of a corporation that is an insurer within the meaning of that Ordinance. "(2) Subdivision C of Division 4 of Part XII has effect subject to section 40 of the Workmen's Compensation Supplementation Fund Ordinance 1980. "(3) This Act has effect subject to section 24 of the Trustee Companies Ordinance 1947.". PART XX—AMENDMENT OF COMPANIES (MISCELLANEOUS AMENDMENTS) ACT 1981 Principal Act 56. The Companies (Miscellaneous Amendments) Act 198119 is in this Part referred to as the Principal Act. 57. Section 18 of the Principal Act is repealed and the following section is substituted: "18. The Principal Act is amended by adding at the end of Part III the following Division: 'Division 11—Registration of Transfers of Marketable Securities by Companies Transfer of marketable securities not to be registered unless duly stamped '58g. A transfer of a share in the capital of, or a debenture of, a company shall not be registered, recorded or entered in the books of the company unless the instrument of transfer— (a) bears a statement in respect of the sale or purchase to which the transaction relates, made in accordance with section 52 of this Act or in accordance with a provision of a law of a State or another Territory relating to stamp duty, to the effect that stamp duty, if payable, has been or will be paid; (b) has been duly stamped for the purposes of this Act or of a law of a State or another Territory relating to stamp duty; or (c) bears a stamp affixed or impressed under section 17 of this Act or under a provision of a law of a State or another Territory relating to stamp duty to the effect that no tax or stamp duty is payable.'.". PART XXI—AMENDMENT OF CONCILIATION AND ARBITRATION ACT 1972 Principal Act 58. The Conciliation and Arbitration Act 197220 is in this Part referred to as the Principal Act. Retiring age of certain Presidential Members 59. Section 60 of the Principal Act is amended by adding at the end thereof "and a Deputy President of the Commission who was appointed before the day on which this Act received the Royal Assent and is appointed as the President of the Commission on or after that day holds office as President of the Commission until he resigns or attains the age of seventy years". PART XXII—AMENDMENTS OF CRIMES ACT 1914 Principal Act 60. The Crimes Act 191421 is in this Part referred to as the Principal Act. Habitual criminals 61. Section 17 of the Principal Act is amended by omitting from sub-section (2) "The Court" and substituting "The court". Failure to comply with condition of discharge or release 62. Section 20a of the Principal Act is amended by omitting from sub-section (6) "shall, in so dealing with the person," and substituting ", in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,". Power to discharge or vary conditions of recognizance 63. Section 20aa of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-section: "(1) Where a person has entered into a recognizance in pursuance of an order made under sub-section 19b (1) or 20 (1), any of the following persons may apply to the court by which the order was made for the discharge of the recognizance or for a variation of its terms: (a) an authorized person; (b) the person who entered into the recognizance; (c) a surety for the person who entered into the recognizance; (d) a probation officer appointed in accordance with the order (in this section referred to as a 'probation officer')."; and (b) by omitting sub-sections (5) and (6) and substituting the following sub-sections: "(5) Where an application is made under sub-section (1) by an authorized person, the authorized person shall cause notice of the application and the date, time and place fixed for the hearing of the application, to be served on the person who entered into the recognizance in relation to which the application is made and— (a) if that person has a surety in respect of the recognizance—on the surety; and (b) if that person has a probation officer in respect of the recognizance—on the probation officer. "(6) Where an application is made under sub-section (1) by a person other than an authorized person, the person making the application shall cause notice of the application, and of the date, time and place fixed for the hearing of the application, to be served on the Crown Solicitor, or the Deputy Crown Solicitor in the State or Territory in which the application is made, and— (a) if the application is made by the person who entered into the recognizance and that person has a surety—on the surety; (b) if the application is made by a surety in respect of the recognizance—on the person who entered into the recognizance; or (c) if the application is made by a probation officer in respect of the recognizance—on the person who entered into the recognizance and, if that person has a surety in respect of the recognizance, on the surety.". Failure to comply with sentence passed, or order made, under sub-section 20ab (1) 64. Section 20ac of the Principal Act is amended by omitting from sub-section (7) "shall, in so dealing with the person," and substituting ", in so dealing with the person, shall, in addition to any other matters that the court considers should be taken into account,". Falsification of books or records by officers 65. Section 72 of the Principal Act is amended by omitting from paragraph (e) "property, or" and substituting "property; or". PART XXIII—AMENDMENTS OF CRIMES AT SEA ACT 1979 Principal Act 66. The Crimes at Sea Act 197922 is in this Part referred to as the Principal Act. Operation of certain Commonwealth laws excluded 67. Section 5 of the Principal Act is amended— (a) by inserting in paragraph (4) (a) ", 17a" after "17"; (b) by inserting in paragraph (4) (a) ", 20aa, 20ab, 20ac" after "20a"; and (c) by inserting in paragraph (4) (a) ", 21aa" after "21a". PART XXIV—AMENDMENT OF CUSTOMS TARIFF 1966 Principal Act 68. The Customs Tariff 196623 is in this Part referred to as the Principal Act. Orders 69. Section 36 of the Principal Act is amended by omitting sub-sections (3) and (4) and substituting the following sub-section: "(3) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2) and sections 49, 49a and 50 of the Acts Interpretation Act 1901 apply in relation to orders as if— (a) references in those provisions to regulations were references to orders; and (b) references in those provisions to the repeal of a regulation were references to the revocation of an order.". PART XXV—AMENDMENTS OF DAIRY INDUSTRY STABILIZATION ACT 1977 Principal Act 70. The Dairy Industry Stabilization Act 197724 is in this Part referred to as the Principal Act. Determination of quotas 71. Section 11a of the Principal Act is amended— (a) by omitting sub-section (2); and (b) by omitting sub-section (6) and substituting the following sub-section: "(6) The provisions of sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in relation to principles formulated under sub-section (1) as if— (a) references in those provisions to regulations were references to principles; and (b) references in those provisions to the making of regulations were references to the formulation of principles.". PART XXVI—AMENDMENTS OF DAIRYING RESEARCH ACT 1972 Principal Act 72. The Dairying Research Act 197225 is in this Part referred to as the Principal Act. Moneys to be paid into Research Account 73. Section 5 of the Principal Act is amended by omitting from paragraph (1) (b) "out of the Research Account in accordance with this Act" and substituting "out of the account kept under sub-section 5a (1)". 74. After section 5 of the Principal Act the following section is inserted: Separate accounts to be kept "5a. (1) A separate account shall be kept of the moneys in the Research Account representing the amounts paid into the Research Account by virtue of sub-paragraphs 5 (1) (a) (i) and (ii) and paragraph 5 (1) (b). "(2) A separate account shall be kept of the moneys in the Research Account representing— (a) the amounts paid into the Research Account by virtue of sub-paragraph 5 (1) (a) (iii); and (b) the amounts paid into the Research Account by virtue of sub-section 5 (3).". Application of Research Account 75. Section 6 of the Principal Act is amended by omitting from sub-section (1) "the next succeeding sub-section, moneys standing to the credit of the Research Account" and substituting "sub-section (2), moneys standing to the credit of either of the accounts kept under section 5a". Constitution of Committee 76. Section 9 of the Principal Act is amended by omitting from paragraph (1) (e) "of Primary Industry". PART XXVII—REPEAL OF DARWIN CYCLONE DAMAGE COMPENSATION ACT 1975 Principal Act 77. The Darwin Cyclone Damage Compensation Act 197526 is in this Part referred to as the Principal Act. Repeal of Act 78. The Principal Act is repealed. PART XXVIII—AMENDMENT OF DEFENCE ACT 1903 Principal Act 79. The Defence Act 190327 is in this Part referred to as the Principal Act. Interpretation 80. Section 4 of the Principal Act is amended by omitting "of Defence" from the definition of "The Secretary" in sub-section (1). Tabling, disallowance, &c., of determinations 81. Section 58c of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-section: "(1) The provisions of section 48 (other than paragraphs (1) (a) and (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to determinations as if— (a) references in those provisions to regulations were references to determinations and references to a regulation were references to a provision of a determination; and (b) references in those provisions to the repeal of a regulation were references to the revocation of a determination or of a provision of a determination, as the case requires.". PART XXIX—AMENDMENT OF DEFENCE AMENDMENT ACT 1979 Principal Act 82. The Defence Amendment Act 197928 is in this Part referred to as the Principal Act. Determinations prevail over inconsistent regulations 83. Section 14 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section: "(2) Where— (a) a provision (in this sub-section referred to as the 'disallowed provision') of a determination under section 58b of the Defence Act 1903— (i) is disallowed, or is deemed to have been disallowed, under section 48 of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; or (ii) becomes void and of no effect by virtue of the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903; and (b) the disallowed provision was inconsistent with any relevant regulations in force immediately before the date on which the disallowed provision took effect, the disallowance of the provision or the operation of sub-section 48 (3) of the Acts Interpretation Act 1901 as applied by sub-section 58c (1) of the Defence Act 1903, as the case may be, has the effect of reviving those relevant regulations as so in force, from and including the date of the disallowance or the date on which the determination became void and of no effect, as the case may be, as if the disallowed provision had not been made.". PART XXX—AMENDMENTS OF DEFENCE SERVICE HOMES ACT 1918 Principal Act 84. The Defence Service Homes Act 191829 is in this Part referred to as the Principal Act. Interpretation 85. Section 4 of the Principal Act is amended by omitting "of Veterans' Affairs" from the definition of "Secretary" in sub-section (1). Determination of eligibility, &c. 86. Section 4b of the Principal Act is amended— (a) by omitting paragraph (1) (b) and substituting the following paragraph: "(b) if the provisions of section 19a or 23 are relevant to the application— (i) whether the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made; (ii) if the applicant has a wife or husband—whether the applicant and the wife or husband of the applicant are permanently separated; and (iii) if the applicant has a wife or husband and the Corporation has not determined that the applicant and the wife or husband of the applicant are permanently separated—whether the wife or husband of the applicant is the owner of a dwelling-house other than that in respect of which the application for assistance has been made."; (b) by omitting from sub-section (2) "the last preceding sub-section" (first occurring) and substituting "sub-section (1)"; (c) by omitting from sub-section (2) "paragraph (a) of the last preceding sub-section" and substituting "paragraph (1) (a)"; and (d) by omitting sub-section (3) and substituting the following sub-section: "(3) Where the Corporation has, in pursuance of sub-section (1), determined— (a) that an applicant for assistance is not the owner of a dwelling-house other than that in respect of which the application for assistance has been made; (b) that the applicant and the wife or husband of the applicant are permanently separated; or (c) that the wife or husband of the applicant is not the owner of a dwelling-house other than that in respect of which the application for assistance has been made, then, for the purposes of section 19a or 23, the Corporation shall be deemed to be satisfied of the matter so determined and shall be deemed to continue to be so satisfied notwithstanding that, after the making of the determination— (d) in a case to which paragraph (a) applies—the applicant becomes the owner of a dwelling-house other than that in respect of which the application for assistance has been made; (e) in a case to which paragraph (b) applies—the applicant and the wife or husband of the applicant cease to be permanently separated; or (f) in a case to which paragraph (c) applies—the wife or husband of the applicant becomes the owner of a dwelling-house other than that in respect of which the application for assistance has been made.". Sale of house only to person not already an owner 87. Section 19a of the Principal Act is amended— (a) by omitting from paragraph (a) "and" (last occurring); and (b) by omitting paragraph (b) and substituting the following paragraphs: "(b) the person is not the owner of any other dwelling-house; and (c) if the person has a wife or husband, then, unless the person and the wife or husband of the person are permanently separated—the wife or husband of the person is not the owner of any other dwelling-house.". Advance for purposes of home only to person not already an owner 88. Section 23 of the Principal Act is amended— (a) by omitting "applicant" (first occurring) and substituting "person"; (b) by omitting from paragraph (a) "applicant" and substituting "person"; (c) by omitting from paragraph (a) "and" (last occurring); and (d) by omitting paragraph (b) and substituting the following paragraphs: "(b) the person is not the owner of any other dwelling-house; and "(c) if the person has a wife or husband, then, unless the person and the wife or husband of the person are permanently separated—the wife or husband of the person is not the owner of any other dwelling-house.". 89. Section 32a of the Principal Act is repealed and the following section is substituted: Call-up of moneys on discovery of false statement "32a. (1) Where— (a) a person has, whether before or after the commencement of this section— (i) in connection with the sale to him under this Act of a dwelling-house (in this sub-section referred to as the 'relevant dwelling-house') or the making of an advance to him under this Act in connection with land and a dwelling-house (in this sub-section also referred to as the 'relevant dwelling-house') or land and a proposed dwelling-house (in this sub-section also referred to as the 'relevant dwelling-house'); or (ii) in an application for such a sale or the making of such an advance, declared— (iii) that the person was not the owner of any dwelling-house other than the relevant dwelling-house; (iv) that the person and the wife or husband of the person were permanently separated; or (v) that the wife or husband of the person was not the owner of any dwelling-house other than the relevant dwelling-house; and (b) after the commencement of this section it comes to the knowledge of the Corporation that the declaration was untrue, the Corporation may, unless the estate or interest of the person in the land and the relevant dwelling-house has passed to another person otherwise than as the personal representative of the first-mentioned person, call up, by notice in writing given to the person or to the personal representative of the person, the whole of the moneys secured under the contract of sale or the mortgage or other security concerned and, thereupon, those moneys become due and payable. "(2) A reference in sub-section (1) to a sale, or the making of an advance, to a person shall be read as including a reference to a sale, or the making of an advance, to a person and the wife or husband of the person jointly in accordance with section 4a.". Dwelling houses for incapacitated soldiers 90. Section 47 of the Principal Act is amended by omitting from sub-section (1) "of Veterans' Affairs". PART XXXI—AMENDMENT OF DRIED VINE FRUITS EQUALIZATION ACT 1978 Principal Act 91. The Dried Vine Fruits Equalization Act 197830 is in this Part referred to as the Principal Act. Investment of moneys of Fund 92. Section 9 of the Principal Act is amended by adding at the end thereof the following sub-section: "(2) In sub-section (1), 'approved bank' means a bank that is an approved bank within the meaning of section 63e of the Audit Act 1901.". PART XXXII—AMENDMENTS OF EGG EXPORT CONTROL ACT 1947 Principal Act 93. The Egg Export Control Act 194731 is in this Part referred to as the Principal Act. Australian Egg Board 94. (1) Section 5 of the Principal Act is amended by omitting from sub-section (3) "Governor-General" and substituting "Minister". (2) The amendment made by sub-section (1) does not affect the appointment of a person who was appointed by the Governor-General before the commencement of this Part. Term of office of members 95. (1) Section 5a of the Principal Act is amended— (a) by omitting from sub-section (1) "Governor-General" and substituting "Minister"; and (b) by omitting from sub-section (2) "a period of three years after the date of his appointment," and substituting "such period, not exceeding 3 years, as the Minister specifies in the instrument of his appointment,". (2) Notwithstanding the amendment made by paragraph (1) (a), the person who was the Chairman of the Board immediately before the commencement of this Part holds office, subject to the Egg Export Control Act 1947, for the remainder of the period for which he was appointed as the Chairman of the Board by the Governor-General. (3) The amendment made by paragraph (1) (b) does not affect the term of office of a member of the Board who was appointed before the commencement of this Part. Removal of members from office and resignation 96. Section 5b of the Principal Act is amended by omitting "Governor-General" (wherever occurring) and substituting "Minister". Deputies of Members of the Board 97. Section 7 of the Principal Act is amended by omitting from sub-section (1) "Governor-General" and substituting "Minister". 98. Section 8 of the Principal Act is repealed and the following section is substituted: Remuneration, &c. "8. (1) A member of the Board and a deputy of a member of the Board shall be paid such remuneration as is determined by the Remuneration Tribunal. "(2) A member of the Board and a deputy of a member of the Board shall be paid such allowances as are prescribed. "(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973, but sub-section 7 (9) of that Act does not apply in relation to the remuneration payable to a member of the Board or a deputy of a member of the Board. "(4) If a member or a deputy of a member is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he shall not be paid remuneration or allowances under sub-section (1) or (2) but shall, subject to the approval of the Minister, be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Board or of a committee of the Board or of his engagement (whether in Australia or overseas), with the approval of the Board, on business of the Board.". Finance 99. Section 17 of the Principal Act is amended by omitting from sub-section (2) all the words from and including "the repayment" and substituting "the repayment of any advances made by the Bank in pursuance of the arrangement, and the payment of interest on any advances so made, out of moneys made available by the Parliament". Application of moneys paid into accounts or Fund 100. Section 19 of the Principal Act is amended by omitting from paragraph (f) "paragraph (d) of section thirteen of this Act" and substituting "paragraph 13 (1) (d)". PART XXXIII—AMENDMENT OF EXCISE TARIFF ACT 1921 Principal Act 101. The Excise Tariff Act 192132 is in this Part referred to as the Principal Act. Goods manufactured or produced at off-shore installations 102. Section 5a of the Principal Act is amended by inserting in sub-section (2) "in" after "meaning as". PART XXXIV—AMENDMENTS OF EXPLOSIVES ACT 1961 Principal Act 103. The Explosives Act 196133 is in this Part referred to as the Principal Act. General provisions applicable to orders 104. Section 16 of the Principal Act is amended— (a) by omitting from sub-section (1) "1903-1939" and substituting "1903"; (b) by omitting sub-section (2) and substituting the following sub-section: "(2) The provisions of section 48 (except paragraph (1) (b) and sub-section (2)) and sections 49 and 50 of the Acts Interpretation Act 1901 apply in relation to orders made under the regulations as if references in those provisions to regulations were references to orders."; (c) by omitting from sub-section (3) "1901-1957" and substituting "1901"; and (d) by omitting from sub-section (3) "forty-six" and substituting "46". 105. Section 17 of the Principal Act is repealed and the following section is substituted: Date from which orders take effect "17. An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.". Formal amendments 106. The Principal Act is amended as set out in Schedule 1. PART XXXV—REPEAL OF GLEBE LANDS (APPROPRIATION) ACT 1974 Principal Act 107. The Glebe Lands (Appropriation) Act 197434 is in this Part referred to as the Principal Act. Repeal of Act 108. The Principal Act is repealed. PART XXXVI—AMENDMENT OF GREAT BARRIER REEF MARINE PARK ACT 1975 Principal Act 109. The Great Barrier Reef Marine Park Act 197535 is in this Part referred to as the Principal Act. Regulations 110. Section 66 of the Principal Act is amended by omitting from sub-section (5) "12 months" and substituting "2 years". PART XXXVII—AMENDMENTS OF HANDICAPPED PERSONS ASSISTANCE ACT 1974 Principal Act 111. The Handicapped Persons Assistance Act 197436 is in this Part referred to as the Principal Act. Interpretation 112. Section 3 of the Principal Act is amended by omitting "Social Services Act 1947-1974" from paragraph (a) of the definition of "disabled person" and substituting "Social Security Act 1947". Grants 113. Section 10 of the Principal Act is amended by omitting from paragraph (2) (a) "four-fifths" and substituting "80%". Grants 114. Section 13 of the Principal Act is amended by omitting from sub-section (2) "four-fifths" and substituting "80%". Grants 115. Section 15 of the Principal Act is amended by omitting from sub-section (2) "four-fifths" and substituting "80%". Grants 116. Section 18 of the Principal Act is amended— (a) by omitting from sub-section (2) "four-fifths" and substituting "80%"; and (b) omitting from paragraph (3) (a) "four-fifths" and substituting "80%". Financial assistance towards meeting the cost of remuneration 117. Section 21 of the Principal Act is amended— (a) by omitting from sub-section (1) "50 per centum" and substituting "50%"; (b) omitting from sub-section (2) "50 per centum" and substituting "50%"; and (c) by omitting from sub-section (2) "100 per centum" and substituting "100%". Handicapped children's benefit 118. Section 23 of the Principal Act is amended by omitting from sub-section (2) "1953-1974" and substituting "1953". Interpretation 119. Section 27 of the Principal Act is amended by omitting from paragraph (b) "Social Services Act 1947-1974" and substituting "Social Security Act 1947". Repealed Parts of the Sheltered Employment (Assistance) Act to continue in force, &c. 120. Section 37 of the Principal Act is amended by omitting from paragraph (1) (a) "Director-General of Social Services" and substituting "Director-General of Social Security". Certain projects approved under repealed provisions to be approved projects under this Act, &c. 121. Section 38 of the Principal Act is amended by omitting "Director-General of Social Services" and substituting "Director-General of Social Security". PART XXXVIII—AMENDMENTS OF HOME DEPOSIT ASSISTANCE ACT 1982 Principal Act 122. The Home Deposit Assistance Act 198237 is in this Part referred to as the Principal Act. Director-General may treat moneys as paid or expended 123. Section 31 of the Principal Act is amended by omitting