Commonwealth: Statute Law (Miscellaneous Provisions) Act 1987 (Cth)

Statute Law (Miscellaneous Provisions) Act 1987 No. 141 of 1987 An Act to make various amendments of the statute law of the Commonwealth, and for related purposes [Assented to 18 December 1987] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act 1987. Commencement 2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) The amendments of section 34 of the Audit Act 1901 made by this Act shall come into operation on a day to be fixed by Proclamation for the purposes of this subsection. (3) The amendment of paragraph 49 (1) (a) of the Audit Act 1901 made by this Act shall come into operation on 1 July 1988. (4) The amendments of the Australian Institute of Sport (Consequential Provisions) Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (5) The amendment of the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 made by this Act shall be deemed to have come into operation on the commencement of section 42 of the first-mentioned Act. (6) The amendments of subsection 3 (1) and sections 6, 7 and 8 (other than the amendment of subsection 7 (2)) of the Bass Strait Freight Adjustment Trust Fund Act 1984 made by this Act shall be deemed to have come into operation on 1 December 1986. (7) The amendment of subsection 3 (3) of the Bass Strait Freight Adjustment Trust Fund Act 1984 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (8) The amendment of subsection 7 (2) of the Bass Strait Freight Adjustment Trust Fund Act 1984 made by this Act shall be deemed to have come into operation on the commencement of section 5 of the Bass Strait Freight Adjustment Trust Fund Amendment Act 1985. (9) The amendments of the Commonwealth Prisoners Act 1967 made by this Act shall come into operation on a day to be fixed by Proclamation for the purposes of this subsection. (10) The amendment of the Customs Administration (Transitional Provisions and Consequential Amendments) Act 1986 shall be deemed to have come into operation on 13 May 1986. (11) The amendments of the Customs Tariff (Miscellaneous Amendments) Act 1987 made by this Act shall come into operation on the commencement of the first-mentioned Act. (12) The amendment of section 184 of the Defence Force Re-organization Act 1975 made by this Act shall be deemed to have come into operation on the commencement of section 184 of the first-mentioned Act. (13) The amendments of the Export Inspection Charges Collection Act 1985 made by this Act shall come into operation on a day to be fixed by Proclamation for the purposes of this subsection. (14) The amendments of the Export Market Development Grants Act 1974 made by this Act (other than the omission and substitution of subsection 43 (6) of the first-mentioned Act) shall be deemed to have come into operation on 20 May 1985. (15) The amendments of sections 25 and 27 of the Health Legislation Amendment Act 1986 made by this Act shall come into operation or be deemed to have come into operation, as the case requires, on the respective commencements of those sections. (16) The amendments of section 46 of, and Schedules 1 and 2 to, the Health Legislation Amendment Act (No. 2) 1986 made by this Act shall be respectively deemed to have come into operation on the commencement of sections 46 and 37 of the first-mentioned Act. (17) The amendment of the Human Rights and Equal Opportunity Commission Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the Inspector-General of Intelligence and Security Act 1986. (18) The amendment of the Income Tax Assessment Amendment (Capital Gains) Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (19) The amendment of the Income Tax Assessment Amendment (Research and Development) Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (20) The amendments of the Inspector-General of Intelligence and Security Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (21) The amendment of the Intelligence and Security (Consequential Amendments) Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (22) The amendment of the Local Government (Financial Assistance) Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. (23) The amendments of paragraph 67 (1) (c) of the Migration Act 1958 made by this Act shall come into operation on a day to be fixed by Proclamation for the purposes of this subsection. (24) The amendments of the National Companies and Securities Commission Act 1979 made by this Act shall be deemed to have come into operation on 1 February 1980. (25) The following amendments of the National Measurement Act 1960 made by this Act shall come into operation on 1 January 1988: (a) the insertion of the definition of "interest in land" in subsection 3 (1); (b) the amendment of section 12; (c) the insertion of section 12a. (26) The amendments of paragraph 20 (2) (b) of, and Schedules 1, 2 and 8 to, the Protection of the Sea Legislation Amendment Act 1986 made by this Act shall respectively come into operation or be deemed to have come into operation, as the case requires, on the commencement of subsection 20 (2), subsection 15 (1), subsection 15 (2) and section 40 of the first-mentioned Act. (27) The amendments of the Public Service Legislation (Streamlining) Act 1986 made by this Act shall be deemed to have come into operation on the twenty-eighth day after the first-mentioned Act received the Royal Assent. (28) The amendment of the Social Security and Repatriation Legislation Amendment Act 1984 made by this Act shall be deemed to have come into operation on the commencement of section 86 of the first-mentioned Act. (29) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 made by this Act shall be deemed to have come into operation on the day on which the first-mentioned Act received the Royal Assent. (30) The amendments of the Superannuation Legislation Amendment Act (No. 2) 1986 made by this Act shall be deemed to have come into operation on the day on which the first-mentioned Act received the Royal Assent. (31) The amendment of the Taxation Laws Amendment Act (No. 2) 1986 made by this Act shall be deemed to have come into operation on the commencement of section 9 of the first-mentioned Act. (32) The amendment of the Trade Practices Act 1974 made by this Act shall come into operation on a day to be fixed by Proclamation for the purposes of this subsection, being a day not earlier than the day on which the United Nations Convention on Contracts for the International Sale of Goods, adopted at Vienna, Austria, on 10 April 1980, enters into force in respect of Australia. (33) The amendment of the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1986 made by this Act shall be deemed to have come into operation on the commencement of the first-mentioned Act. Amendment of Acts 3. The Acts specified in Schedule 1 are amended as set out in that Schedule. Repeals 4. The Acts specified in Schedule 2 are repealed. Transitional and application provisions etc. 5. (1) Except as provided in this section, where this Act: (a) amends a provision of an Act; or (b) repeals and re-enacts (with or without modification) a provision of an Act; any act done or decision made under the provision has effect after the amendment, or repeal and re-enactment, as if it had been done or made under the provision as so amended or re-enacted. (2) Notwithstanding the repeal and re-enactment of sections 32 and 33 of the Audit Act 1901 effected by this Act, those sections, as in force immediately before the commencement of this section, continue to apply, and the other provisions of the Audit Act 1901 as amended by this Act apply, in relation to warrants issued by the Governor-General under subsection 32 (3) of the Audit Act 1901 before the commencement of this section. (3) Section 11a of the Audit Act 1901 as amended by this Act applies in relation to the financial year that commenced on 1 July 1986 and subsequent financial years, and subsections 41d (2), (2a) and (2b) of that Act as so amended apply in relation to the financial year that commenced on 1 July 1987 and subsequent financial years. (4) Where, immediately before the commencement of this section, a person was holding office as Chairman of the Australian Statistics Advisory Council, the person shall, on the commencement of this section, be deemed to have been appointed as Chairperson of that Council for the remainder of the term for which the person was appointed as Chairman. (5) Subsection (4) of this section has effect notwithstanding anything contained in subsection 19 (2) of the Australian Bureau of Statistics Act 1975 as amended by this Act. (6) Section 47a of the Crimes Act 1914 as amended by this Act applies only in relation to a person who, after the commencement of this section, commits an offence against section 47 of that Act as so amended. (7) Section 47b of the Crimes Act 1914 as amended by this Act applies only in relation to a person who becomes a prisoner unlawfully at large (within the meaning of that section) after the commencement of this section. (8) Paragraph 38 (3) (aa) of the Dairy Produce Act 1986 as amended by this Act applies only in relation to a person who is appointed or re­appointed as an appointed member of the Australian Dairy Corporation after the commencement of this section. (9) Paragraph 25 (2) (da) of the Export Control Act 1982 as amended by this Act applies only in relation to amounts that become payable to the Commonwealth after the commencement of this section. (10) Nothing in this Act, or in paragraph 25 (2) (da) of the Export Control Act 1982 as amended by this Act, shall be taken to imply that, before the commencement of this section, regulations made under the Export Control Act 1982, or orders made pursuant to those regulations, could not make provision for or in relation to the matter referred to in that paragraph. (11) Subsections 14 (7) and (8) of the First Home Owners Act 1983 as amended by this Act apply only in relation to contracts the date of which is not earlier than the day on which this section comes into operation. (12) Notwithstanding the amendments of the First Home Owners Act 1983 made by this Act, subsections 14 (7) and (8) of the first-mentioned Act, as in force immediately before the commencement of this section, continue to apply in relation to contracts the date of which is earlier than the day on which this section comes into operation. (13) Where, immediately before the commencement of this section, a visa granted under subsection 11a (1) of the Migration Act 1958 was in force, the visa shall, on the commencement of this section, be deemed to have been granted under subsection 11a (1) of the Migration Act 1958 as amended by this Act. (14) Notwithstanding the amendments of the Migration Act 1958 made by this Act, the first-mentioned Act, as in force immediately before the commencement of this section, continues to apply in relation to return endorsements issued under the first-mentioned Act before the commencement of this section. (15) Where, immediately before the commencement of this section, a standard of classification certificate issued by a survey authority was approved under section 187ba of the Navigation Act 1912, the Minister shall, on the commencement of this section, be deemed to have made the approval under section 187ba of the Navigation Act 1912 as amended by this Act. (16) Where, immediately before the commencement of this section, a corporation or association for the survey of shipping was approved as a survey authority under section 187ba of the Navigation Act 1912, the Minister shall, on the commencement of this section, be deemed to have made the approval for the purposes of the definition of "survey authority" in subsection 6 (1) of that Act as amended by this Act. (17) Section 5b of the Removal of Prisoners (Australian Capital Territory) Act 1968 as amended by this Act applies only in relation to a person who becomes a prisoner unlawfully at large (within the meaning of that section) after the commencement of this section. (18) Section 7a of the Removal of Prisoners (Territories) Act 1923 as amended by this Act applies only in relation to a person who, after the commencement of this section, commits an offence against subsection 7 (2) of that Act as so amended. (19) Section 7b of the Removal of Prisoners (Territories) Act 1923 as amended by this Act applies only in relation to a person who becomes a prisoner unlawfully at large (within the meaning of that section) after the commencement of this section. (20) Subsection 31A (2) of the Student Assistance Act 1973 as amended by this Act applies in relation to amounts referred to in paragraph 31a (1) (a) of that first-mentioned Act that are paid on or after 1 January 1987. ‑‑‑‑‑‑‑‑‑ SCHEDULE 1 Section 3 amendments of acts Aboriginal Land Rights (Northern Territory) Act 1976 Section 40: Omit "section 44", substitute "this Part". Paragraph 42 (5) (a): Omit "(4) (a)", substitute "(4) (c)". Subsections 44 (2) and (4): Omit "paragraph 42 (7) (a)", substitute "subsection 42 (7)". Subsection 44a (2): Omit "section", substitute "Part". Acts Interpretation Act 1901 Subsection 3 (2): After "particular day" insert "(whether the expression 'come into operation' or 'commence' is used)". After section 14: Insert the following sections: Definitions inserted by amending Act "14a. Where an amending Act inserts a definition in a provision of the Act being amended, but does not specify the position in that provision where it is to be inserted, it shall be deemed to be inserted in the appropriate alphabetical position, determined on a letter-by-letter basis. Commencement of paragraphs etc. in amending Act "14b. Where: (a) an Act makes an amendment of another Act; and (b) the amendment is in the form of: (i) a paragraph of a provision of the amending Act; (ii) an item (whether or not so described) in a Schedule to the amending Act; or (iii) a paragraph of such an item; a separate commencement date may be given to the amendment, paragraph or item as if the paragraph or item were a self-contained provision of the amending Act.". SCHEDULE 1—continued After section 15ab: Insert the following sections: Changes to style not to affect meaning "15ac. Where: (a) an Act has expressed an idea in a particular form of words; and (b) a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style; the ideas shall not be taken to be different merely because different forms of words were used. Examples "15ad. Where an Act includes an example of the operation of a provision: (a) the example shall not be taken to be exhaustive; and (b) if the example is inconsistent with the provision, the provision prevails.". After section 18a: Insert the following section: Chairperson may be referred to as Chairman or Chairwoman "18b. Where an Act establishes an office of Chairperson of a body, the Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.". Section 33: After subsection (2) insert the following subsections: "(2a) Where an Act assented to after the commencement of this subsection provides that a person, court or body may do a particular act or thing, and the word 'may' is used, the act or thing may be done at the discretion of the person, court or body. "(2b) Where an Act confers a power or function, or imposes a duty, on a body, whether incorporated or unincorporated, the exercise of the power or the performance of the function or duty is not affected merely because of a vacancy or vacancies in the membership of the body.". Subsection 33 (3a): After "particular matters" insert "(however the matters are described)". Section 33: After subsection (4) insert the following subsection: "(4a) In any Act, 'appoint' includes re-appoint.". SCHEDULE 1—continued After section 33: Insert the following section: Acting appointments "33a. Where a provision of an Act (other than subsection 33 (4) of this Act) confers on a person or body (in this section called the 'appointer') a power to appoint a person (in this section called the 'appointee') to act in a particular office, then, except so far as the Act otherwise provides, the following paragraphs apply in relation to an appointment made under the provision: (a) the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment; (b) the appointer may: (i) determine the terms and conditions of the appointment, including remuneration and allowances; and (ii) terminate the appointment at any time; (c) where the appointee is acting in an office other than a vacant office and the office becomes vacant while the appointee is acting, then, subject to paragraph (a), the appointee may continue so to act until: (i) the appointer otherwise directs; (ii) the vacancy is filled; or (iii) a period of 12 months from the day of the vacancy ends; whichever happens first; (d) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer; (e) while the appointee is acting in the office: (i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and (ii) the Act applies in relation to the appointee as if the appointee were the holder of the office.". After section 34aa: Insert the following section: Effect of delegation "34ab. Where an Act confers power on a person or body (in this section called the 'authority') to delegate a function or power: (a) the delegation may be made either generally or as otherwise provided by the instrument of delegation; (b) the powers that may be delegated do not include that power to delegate; SCHEDULE 1—continued (c) a function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the Act, be deemed to have been performed or exercised by the authority; (d) a delegation by the authority does not prevent the performance or exercise of a function or power by the authority; and (e) if the authority is not a person, section 34a applies as if it were.". After section 46: Insert the following section: Disallowable instruments "46a. (1) Where a provision (in this subsection called the 'enabling provision') of a law confers power to make an instrument (however described) and expressly provides that the instrument is a disallowable instrument for the purposes of this section, then, except so far as the law otherwise provides: (a) sections 48, 49 and 50 apply in relation to the instrument as if: (i) references to regulations were references to the instrument; (ii) references to a regulation were references to a provision of the instrument; (iii) references to repeal were references to revocation; and (iv) where the enabling provision is a provision of regulations— references to an Act were references to regulations; (b) section 49a applies in relation to the instrument as if: (i) the instrument were regulations under an Act; and (ii) the reference in paragraph (1) (a) to regulations included a reference to other instruments made under the enabling provision; (c) the instrument shall not be taken to be a statutory rule within the meaning of the Statutory Rules Publication Act 1903, but subsections 5 (3) to (3c) (inclusive) of that Act apply in relation to the instrument as they apply in relation to statutory rules; (d) for the purposes of the application of subsection 5 (3b) of that Act under paragraph (c) of this subsection, the reference in that subsection to the Minister specified in that subsection shall be read as a reference to a Minister administering the enabling provision; (e) if the instrument is not an order made by or under the authority of a Minister, section 5 of the Evidence Act 1905 applies in relation to the instrument as it applies in relation to such an order; and (f) if the enabling provision is a provision of regulations, the instrument shall be deemed to be an enactment for the purposes of the Administrative Appeals Tribunal Act 1975. SCHEDULE 1—continued "(2) A reference in subsection (1) to a law is a reference to an Act or to regulations.". Paragraph 48 (1) (b): Omit the paragraph, substitute the following paragraph: "(b) shall, subject to this section, take effect from: (i) a specified date; (ii) a specified time on a specified date; (iii) the date, or date and time, of commencement of a specified Act or a specified provision of an Act; or (iv) in any other case—the date of notification; and". Administrative Decisions (Judicial Review) Act 1977 Sub-subparagraph (d) (i) (a) of Schedule 2: Omit "or return endorsement". Paragraph (r) of Schedule 2: (a) Insert "temporary performance of duties," after "transfers,". (b) Insert "or selections for temporary performance of duties" after "promotions" (last occurring). (c) Insert "or by" after "or" (first occurring). Anglo-Australian Telescope Agreement Act 1970 Title: Add at the end ", and for other purposes". After section 8: Insert the following section: Additional functions and powers "8a. (1) The Board has such additional functions as are conferred on it by the regulations. "(2) The Board has power to do all things necessary or convenient to be done in connection with the performance of its additional functions and, in particular, to do such things as it is empowered under the regulations to do.". Subsection 13 (2): Insert "in the performance of its functions under section 8" after "Board" (second occurring). After section 19: Insert the following section: SCHEDULE 1—continued Regulations "20. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.". Arbitration (Foreign Awards and Agreements) Act 1974 After section 10: Insert the following section: Delegation by Secretary to the Department of Foreign Affairs and Trade "10a. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, in writing, delegate to the person occupying a specified office in the Department of Foreign Affairs and Trade all or any of the Secretary's powers under subsection 10 (1). "(2) A power delegated under subsection (1) shall, when exercised by the delegate, be deemed to have been exercised by the Secretary. "(3) The delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Secretary. "(4) The delegation of a power under subsection (1) does not prevent the exercise of the power by the Secretary. "(5) In this section, 'Secretary' means the Secretary to the Department of Foreign Affairs and Trade.". Audit Act 1901 Subsection 2 (1) (definition of "Ordinance"): (a) Insert "or an external Territory" after "Territory" (first occurring). (b) Omit "of a State" (wherever occurring). Subsection 2 (1) (definition of "prescribed authority"): (a) Insert "or constituted" after "established" (wherever occurring). (b) Add at the end the following: "and includes a branch of the Australian Public Service, or a class of such branches, prescribed for the purposes of this definition;". After section 11: Insert the following section: Annual report of Auditor-General "11a. (1) The Auditor-General shall, as soon as practicable after each 30 June, prepare a report on the operations of the Auditor-General's Office during the year ending on that day. SCHEDULE 1—continued "(2) Where the Auditor-General prepares a report under subsection (1) in respect of a year, the Auditor-General: (a) may include in the report a report by the Auditor-General under subsection 48g (1) in respect of the year; and (b) shall sign copies of the report and transmit them to each House of the Parliament.". Sections 32 and 33: Repeal the sections, substitute the following sections: Minister may make payments from Commonwealth Public Account "32. (1) The Minister may, subject to this section, make payments from the Commonwealth Public Account in accordance with an appropriation of the Consolidated Revenue Fund or Loan Fund. "(2) The aggregate of the amounts paid under subsection (1) in relation to an appropriation shall not exceed the amount available for expenditure in accordance with the appropriation. "(3) Where it appears to the Minister that an amount, not exceeding the amount available for expenditure in respect of any services or purposes in accordance with an appropriation of the Consolidated Revenue Fund or Loan Fund, is required, or likely to be required, to be drawn from the Commonwealth Public Account for expenditure in respect of the services or purposes, the Minister may, in writing, authorise the Secretary to the Department to draw the amount from the Commonwealth Public Account in respect of the services or purposes. "(4) A reference in this section to an appropriation includes a reference to a contingent or conditional appropriation and, in relation to such an appropriation, a reference in this section to the amount available for expenditure in accordance with the appropriation is a reference to the amount that is, subject to the occurrence of the contingency or the fulfilment of the condition, available for expenditure in accordance with the appropriation. "(5) This section does not authorise the payment of money out of a bank account comprised in the Commonwealth Public Account otherwise than in accordance with section 34. Secretary may make allocations in accordance with authorisation of Minister "33. (1) Where the Minister has, under subsection 32 (3), authorised the Secretary to the Department to draw an amount from the Commonwealth Public Account in respect of any services or purposes, the Secretary to the Department may draw the amount from the Commonwealth Public Account and make allocations from the amount in respect of the services or purposes. SCHEDULE 1—continued "(2) Money or a payment that is, under section 36c or 58a, taken in reduction of expenditure from an appropriation to which an authorisation under subsection 32 (3) relates shall, for the purposes of subsection (1) of this section, also be taken to be an amount allocated to the authority of the authorisation. "(3) Where a payment is made out of a bank account comprised in the Commonwealth Public Account, the bank is not required to ascertain whether the payment was made on the authority of an authorisation under subsection 32 (3).". Paragraph 34 (2) (b): (a) Insert ", in writing," after "appointed". (b) Omit "certified", substitute "indicated, in a manner approved in writing by the Minister,". Subsection 34 (4): Omit "give a certificate under subsection (2) in relation to the payment of an amount", substitute "indicate under paragraph (2) (b) that the payment of an amount may properly be made". Subsection 34 (5): Omit "give a certificate under subsection (2)", substitute "indicate under paragraph (2) (b) that the payment of an amount may properly be made". Subsection 34 (6): Omit "give a certificate under subsection (2)", substitute "indicate under paragraph (2) (b) that the payment of an amount may properly be made". Subsection 41d (2): Omit the subsection, substitute the following subsections: "(2) The Department referred to in subsection (1) shall, as soon as practicable after each 30 June, prepare and submit to the Minister administering that Department (in subsections (2a) and (2b) called the 'appropriate Minister') a report of those operations during the year ending on that day, together with financial statements in respect of the year in such form as the Minister administering this section approves, in writing. "(2a) Before submitting the financial statements to the appropriate Minister, that Department shall submit them to the Auditor-General, who shall report to the appropriate Minister: (a) whether, in the opinion of the Auditor-General, the statements are based on proper accounts and records; (b) whether the statements are in agreement with the accounts and records and, in the opinion of the Auditor-General, show fairly the financial transactions and state of affairs of those operations; and SCHEDULE 1—continued (c) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the appropriate Minister. "(2b) The appropriate Minister shall cause a copy of the report and financial statements, together with a copy of the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the appropriate Minister.". Subsection 48c (3): Omit the subsection, substitute the following subsection: "(3) An arrangement made by the Auditor-General with an eligible incorporated company may be varied or revoked by the Auditor-General or the company: (a) in the case of an arrangement made at the request of a Minister— with the approval of a Minister; or (b) in the case of an arrangement made at the request of the Parliament—with the approval of the Parliament given by resolution of both Houses of the Parliament.". Paragraph 48g (2) (a): Insert "11a or" after "section". Section 48h: Repeal the section. Subsection 49 (1): Omit "Form 4 in Schedule 2", substitute "the form in the Schedule". Paragraph 49 (1) (a): Omit "outlays and receipts of the Commonwealth for", substitute "receipts and expenditure of the Commonwealth Public Account during". Subsection 49 (2): Omit "Form 4 in Schedule 2", substitute "the form in the Schedule". Paragraph 51 (1) (b): Omit the paragraph, substitute the following paragraph: "(b) setting out particulars of cases in which, in the opinion of the Auditor-General, the provisions of the Constitution or any law of the Commonwealth have not been carried out, being cases that are, in the opinion of the Auditor-General, of sufficient importance to justify particulars of the cases being set out in the report; and". Section 54: Insert "11a or" after "section". SCHEDULE 1—continued Subsection 57 (2): Omit the subsection. Subsection 63c (2): Insert "or an external Territory" after "Territory". After subsection 63h (2): Insert the following subsection: "(2a) Nothing in paragraph (2) (c) shall be taken to require the Auditor-General to mention in the report cases in which, in the opinion of the Auditor-General, the receipt, expenditure or investment of moneys, or the acquisition or disposal of assets, by the authority during the year were not in accordance with the enactment establishing the authority unless those cases are, in the opinion of the Auditor-General, of sufficient importance to justify doing so.". After subsection 63m (2): Insert the following subsection: "(2a) Nothing in paragraph (2) (c) shall be taken to require the Auditor-General to mention in the report cases in which, in the opinion of the Auditor-General, the receipt, expenditure or investment of moneys, or the acquisition or disposal of assets, by the authority during the year were not in accordance with the enactment establishing the authority unless those cases are, in the opinion of the Auditor-General, of sufficient importance to justify doing so.". Before paragraph 63p (1) (a): Insert the following paragraph: "(aa) of the audit of all or any of the financial statements of a body: (i) where a Minister requests the Auditor-General to carry out the audit and arranges with the body for the financial statements, and any necessary accounts and records, to be made available for the purpose; or (ii) in accordance with an arrangement made under subsection (2);". Paragraph 63p (1) (a): (a) Insert "or the inspection and audit" after "an inspection and audit". (b) Insert "or inspections and audits, as the case may be," after "the inspection and audit". Subsection 63p (2): Insert "the audit of financial statements of the body or" after "of" (second occurring). SCHEDULE 1—continued After subsection 63p (2): Insert the following subsection: "(2a) Where, under subsection (1), the Auditor-General audits financial statements of a body, or inspects and audits accounts and records of a body, at the request of a Minister or pursuant to an arrangement entered into with the body at the request of a Minister, the Auditor-General shall report to the Minister on the audit or inspection and audit, as the case may be.". Subsection 63p (3): Omit "(1) (a) (i)", substitute "(1) (aa) (i) or (a) (i)". Subsection 64 (1): Omit "Imprisonment for 7 years", substitute "$20,000 or imprisonment for 7 years, or both". Subsection 64 (2): Omit "Imprisonment for 2 years", substitute "$5,000 or imprisonment for 2 years, or both". Section 65: Omit all the words after "indictable", substitute "offence punishable, on conviction, by a fine not exceeding $20,000 or imprisonment for a period not exceeding 10 years, or both". Subsection 66 (2): Omit all the words after "offence", substitute "punishable, on conviction, by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both". Subsection 67 (1): Omit "$200", substitute "$1,000". Subsection 68 (1): Omit all the words after "indictable", substitute "offence punishable, on conviction, by a fine not exceeding $10,000 or imprisonment for a period not exceeding 5 years, or both". Subsection 70aa (1) (paragraph (c) of the definition of "Department"): Omit "Permanent Head of", substitute "Secretary to". SCHEDULE 1—continued Subsection 70aa (1) (paragraphs (a) and (b) of the definition of "Permanent Head"): Omit "Permanent Head of", substitute "Secretary to". Subsection 70aa (1) (paragraph (f) of the definition of "Permanent Head"): Omit "Productivity", substitute "Defence". Subsection 70ab (1): Insert "and any other regulations made for the purposes of this section" after "under subsection (12)". After subsection 72 (5): Insert the following subsection: "(5a) The delegate is, in the exercise of a power delegated under subsection (4), subject to the directions of the Secretary to the Department of Finance.". Heading to Schedules: Omit the heading. Heading to Schedule 2: Omit the heading, substitute "SCHEDULE". Forms 1, 2 and 3 in Schedule 2: Omit the Forms. Heading to Form 4 in Schedule 2: Omit "FORM 4". Australia-Japan Foundation Act 1976 After section 24: Insert the following sections: Proper accounts to be kept "24a. The Foundation shall cause to be kept proper accounts and records of the transactions and affairs of the Foundation, and shall do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over SCHEDULE 1—continued the assets of, or in the custody of, the Foundation and over the incurring of liabilities by the Foundation. Audit "24b. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Foundation and records relating to assets of, or in the custody of, the Foundation, and shall forthwith draw the Minister's attention to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify doing so. "(2) The Auditor-General may dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (1). "(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under subsection (1). "(4) An authorised auditor is entitled, at all reasonable times, to full and free access to all accounts and records of the Foundation, being accounts and records relating directly or indirectly to the receipt or payment of money by the Foundation or to the acquisition, receipt, custody or disposal of assets by the Foundation. "(5) An authorised auditor may make copies of, or take extracts from, any accounts and records referred to in subsection (4). "(6) An authorised auditor may require any person to furnish such information in the possession of the person, or to which the person has access, as the authorised auditor considers necessary for the purposes of the functions of the Auditor-General under this Act. "(7) A person who contravenes a requirement made under subsection (6) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000. "(8) In this section, 'authorised auditor' means: (a) the Auditor-General; or (b) a person authorised, in writing, by the Auditor-General.". Paragraphs 25 (3) (a) and (c): Insert ", in the opinion of the Auditor-General," after "whether". Australian Apple and Pear Corporation Act 1973 Paragraph 37 (3) (a): Insert ", in the opinion of the Auditor-General," after "whether". Paragraph 37 (3) (b): Omit "in respect of the trading activities of the Corporation (if any)", substitute "in the opinion of the Auditor-General". SCHEDULE 1—continued Paragraph 37 (3) (c): Insert ", in the opinion of the Auditor-General," after "whether". Australian Bureau of Statistics Act 1975 Section 3 (definition of "Chairman"): Omit the definition, substitute the following definition: " 'Chairperson' means the Chairperson of the Council holding office under subsection 19 (2);". Section 3: Add at the end the following subsection: "(2) The Chairperson may be referred to as the Chairman or Chairwoman, as the case requires.". Subsection 4 (1): Omit the subsection. Paragraph 4 (2) (a): Omit "the Census and Statistics Act 1905-1973, by any other Act", substitute "any Act". Paragraph 4 (2) (b): Omit "the Census and Statistics Act 1905-1973, in any other Act", substitute "any Act". Subsection 5 (4): Omit "him" (wherever occurring), substitute "the Statistician". Subsection 6 (4): Omit "he", substitute "the Minister". Subsection 7 (1): Insert "or her" after "his". Subsection 7 (2): Omit "he", substitute "the person". Section 8: Insert "or her" after "his". Subsection 9 (1): Omit "he", substitute "the Statistician". Subsection 9 (3): Omit "— 1974". SCHEDULE 1—continued Section 11: Repeal the section, substitute the following section: Resignation "11. The Statistician may resign his or her office by writing signed by the Statistician and delivered to the Governor-General.". Subsection 12 (1): Insert "or her" after "his". Subsection 12 (7): (a) Insert "or her" after "his" (wherever occurring). (b) Omit "him", substitute "the Statistician". Subsection 12 (8): Omit "him", substitute "the Statistician". Section 14: Repeal the section. Subsection 15 (1): Insert "or her" after "his". Subsection 15 (5): Omit "he", substitute "the person". Subsection 15 (6): Omit "his", substitute "the". Subsection 16 (1): Omit "— 1974". Subsection 16 (2): Omit the subsection, substitute the following subsections: "(2) Subject to subsection (2a), the Statistician may engage persons, including persons referred to in subsection (1), to assist in carrying out the functions of the Bureau. "(2a) Persons referred to in subsection (1) may be engaged under subsection (2) only in relation to: (a) the taking of the Census mentioned in the Census and Statistics Act 1905; and (b) the collection of other statistics and related information.". Subsections 16 (4) and (5): Omit "— 1974". SCHEDULE 1—continued Paragraph 19 (1) (a): Omit "a Chairman", substitute "the Chairperson". Subsection 19 (2): Omit "Chairman" (wherever occurring), substitute "Chairperson". Paragraph 19 (2) (b): Insert "or her" after "his". Subsection 19 (3): (a) Insert "or the Chief Minister of the Northern Territory" after "State" (first occurring). (b) Insert "or the Chief Minister of the Northern Territory, as the case may be" after "State" (last occurring). Subsection 20 (1): Omit the subsection, substitute the following subsection: "(1) A member may resign his or her office by writing signed by the member and delivered to the Minister.". Subsection 21 (1): Omit "he", substitute "the member". Subsection 21 (3): Omit "—1974". Subsection 22 (1): Insert "calendar" after "every". Subsection 22 (2): Omit "Chairman", substitute "Chairperson". Subsection 22 (4): (a) Omit "Chairman", substitute "Chairperson". (b) Omit "he", substitute "the Chairperson". Subsection 22 (5): Omit "Chairman", substitute "Chairperson". Subsection 22 (8): Omit the subsection. Section 23: Repeal the section. SCHEDULE 1—continued Subsection 24 (4): Omit the subsection. Australian Capital Territory Electricity Supply Act 1962 Section 4 (definition of "financial year"): Omit the definition. Section 4 (definition of "House of Assembly"): Omit the definition. Section 4 (definition of "the elected member"): Omit the definition. Subsection 6 (3): Omit the subsection, substitute the following subsection: "(3) One member shall be a person appointed by the Governor-General and shall, subject to this Act, hold office for such period, not exceeding 3 years, as the Governor-General specifies at the time of the appointment.". Subsection 6 (5): Omit all the words after "re-appointment". Subsection 6 (6): Omit "or election". Subsections 6 (7), (8), (10) and (11): Omit the subsections. Subsection 10 (3): Omit the subsection. Subsection 11 (4): Omit "elected member", substitute "member referred to in subsection 6 (3)". Subsection 11 (5): (a) Omit "elected member" (first occurring), substitute "member referred to in subsection 6 (3)". (b) Omit "the elected" (last occurring), substitute "that". SCHEDULE 1—continued Australian Centre for International Agricultural Research Act 1982 Before section 39: Insert the following sections in Part VIII: Proper accounts to be kept "38a. The Centre shall cause to be kept proper accounts and records of the transactions and affairs of the Centre, and shall do all things necessary to ensure that all payments out of the Fund are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Centre and over the incurring of liabilities by the Centre. Audit "38b. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Centre and records relating to assets of, or in the custody of, the Centre, and shall forthwith draw the Minister's attention to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify doing so. "(2) The Auditor-General may dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in subsection (1). "(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under subsection (1). "(4) An authorised auditor is entitled, at all reasonable times, to full and free access to all accounts and records of the Centre, being accounts and records relating directly or indirectly to the receipt or payment of money by the Centre or to the acquisition, receipt, custody or disposal of assets by the Centre. "(5) An authorised auditor may make copies of, or take extracts from, any accounts and records referred to in subsection (4). "(6) An authorised auditor may require any person to furnish such information in the possession of the person, or to which the person has access, as the authorised auditor considers necessary for the purposes of the functions of the Auditor-General under this Act. "(7) A person who contravenes a requirement made under subsection (6) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000. "(8) In this section, 'authorised auditor' means: (a) the Auditor-General; or (b) a person authorised, in writing, by the Auditor-General.". SCHEDULE 1—continued Australian Citizenship Act 1948 Subsection 5 (1) (definition of "return endorsement"): Omit "within the meaning of the Migration Act 1958", substitute "issued under section 11a of the Migration Act 1958 before the day on which the Statute Law (Miscellaneous Provisions) Act (No. 1) 1987 received the Royal Assent (being a return endorsement that has not expired or been cancelled),". Subsection 5 (1): Add at the end the following definition: " 'visa' has the same meaning as in the Migration Act 1958.". Sub-subparagraph 5a (1) (d) (i) (a): Insert "a visa that is in a class of visas prescribed for the purposes of this sub-subparagraph or" before "a return endorsement". Sub-subparagraph 5a (1) (d) (i) (b): Insert "a visa referred to in sub-subparagraph (a) or" after "equivalent of. Australian Institute of Sport (Consequential Provisions) Act 1986 Paragraph 17 (a): (a) Omit "section 12 of that Act", substitute "section 12 of the Australian Institute of Sport (Consequential Provisions) Act 1986". (b) Omit "Australian Institute of Sport Act 1986" (last occurring), substitute "Australian Institute of Sport (Consequential Provisions) Act 1986". Paragraph 17 (b): Omit "Australian Institute of Sport Act 1986" (last occurring), substitute "Australian Institute of Sport (Consequential Provisions) Act 1986". Australian Security Intelligence Organization Act 1979 Subsection 9 (1): Insert "or her" after "his". Subsection 9 (2): Insert "or she" after "he". Subsection 10 (1): Insert "or she" after "he". SCHEDULE 1—continued Section 12: Omit "his office by writing signed by him", substitute "from office by writing signed by the Director-General". Subsection 13 (2): (a) Omit "absents himself, substitute "is absent". (b) Insert "or her" after "his" (wherever occurring). Paragraph 14 (1) (b): Insert "or her" after "his". Subsection 14 (6): (a) Omit "he resigns his", substitute "the person resigns the". (b) Omit "him", substitute "the person". Subsection 14 (7): Insert "or she" after "he". Subsection 15 (1): Insert "or her" after "his" (wherever occurring). Subsection 15 (2): Insert "or she" after "he". Subsection 15 (3): (a) Insert "or she" after "he" (wherever occurring). (b) Insert "or her" after "him" (wherever occurring). Subsection 18 (1): Omit "him", substitute "the officer". Subsection 18 (2): (a) Omit "his knowledge or into his possession", substitute "the knowledge or into the possession of the person". (b) Insert "or her" after "his" (third and fourth occurring). (c) Omit "his duties", substitute "the duties of the officer or employee". (d) Omit "him", substitute "the officer". (e) Omit "he", substitute "the first-mentioned person". Subsection 18 (3): (a) Insert "or an officer authorised for the purpose by the Director-General" after "Director-General" (first occurring). (b) Omit "by himself or by an officer authorized by him,". SCHEDULE 1—continued Section 21: Insert "or her" after "him". Section 24: Omit "him", substitute "the Director-General". Subsection 25 (1): Insert "or her" after "his". Subsection 25 (3): Omit "he", substitute "the Minister". Subsections 26 (3) and (4): Insert "or her" after "his". Subsection 26 (5): Omit "he", substitute "the Minister". Paragraph 27 (1) (a): Insert "or her" after "his". Subsections 27 (2) and (3): Insert "or her" after "his". Subsection 27 (6): (a) Omit "he", substitute "the Minister". (b) Omit "him", substitute "the Minister". Subsection 29 (1): Insert "or her" after "his". Subsection 29 (3): Omit "he" (wherever occurring), substitute "the Director-General". Section 30: Omit "he", substitute "the Director-General". Subsection 32 (1): Omit "he", substitute "the Director-General". Subsection 32 (2): Omit "he", substitute "the Minister". Subsection 32 (3): (a) Omit "him", substitute "the Minister". SCHEDULE 1—continued (b) Omit "his", substitute "the Minister's". Subsection 32 (4): Omit "him" (wherever occurring), substitute "the Director-General". Subsection 38 (1): (a) Insert "or her" after "him". (b) Insert "or her" after "his". Subsection 38 (2): (a) Insert "or her" after "his". (b) Omit "he", substitute "the Attorney-General". Subsection 38 (3): Insert "or she" after "he". Subsection 38 (6): Omit "him personally or by sending it to him by registered post at his", substitute "him or her personally or by sending it to the person by registered post at his or her". Subsection 42 (1): Insert "or she" after "he". Subsection 43 (1): Insert "or her" after "his". Subsection 43 (2): Insert "or she" after "he". Subsections 45 (3) and (6): Insert "or her" after "his". Subsection 46 (1): Insert "or she" after "he". Subsection 46 (4): (a) Omit "he" (first occurring), substitute "the person". (b) Insert "or she" after "he" (second occurring). Section 47: Insert "or her" after "his" (wherever occurring). Subsection 48 (3): Insert "or her" after "his". SCHEDULE 1—continued Subsection 49 (1): Omit "his", substitute "the member's". Subsection 49 (7): (a) Insert "or her" after "his" (wherever occurring). (b) Omit "him", substitute "the member". Section 50: Omit "his office by writing signed by him", substitute "the office of member by writing signed by the member". Subsection 52 (2): (a) Omit "him", substitute "the President". (b) Omit "his", substitute "the President's". Section 54: (a) Insert "or her" after "him" (wherever occurring). (b) Insert "or her" after "his". Subsection 58 (3): Omit "him", substitute "the Director-General". Subsection 58 (4): Omit "him" (wherever occurring), substitute "the member". Subsection 58 (10): Insert "or she" after "he". Subsections 58 (12) and (15): Insert "or her" after "his". Subsection 59 (1): Omit "him", substitute "the Attorney-General". Subsections 59 (3), (5) and (6): Insert "or her" after "his". Subsection 59 (4): Omit "he", substitute "the President". Subsection 60 (4): (a) Insert "or she" after "he". (b) Insert "or her" after "him". Subsection 63 (1): Insert "or she" after "he". SCHEDULE 1—continued Subsection 65 (1): (a) Omit "he is". (b) Omit "him", substitute "the Minister". Subsection 65 (3): Omit "he", substitute "the Minister". Subsections 69 (1) and (2): Insert "or her" after "him". Subsection 70 (4): (a) Omit "he", substitute "the person". (b) Insert "or her" after "him". Subsection 70 (5): Insert "or she" after "he". Subsection 70 (6): Omit "him", substitute "the President". Subsection 72 (2): Omit "he is". Subsection 73 (1): Insert "or her" after "his" (wherever occurring). Paragraph 74 (b): Omit "himself". Section 75: (a) Insert "or she" after "he" (wherever occurring). (b) Insert "or her" after "him". Section 76: Omit "his", substitute "the member's". Subsection 77 (1): Omit "he", substitute "the Governor-General". Subsection 81 (1): Omit "by reason of his office", substitute "or her by reason of his or her office". Subsection 81 (2): (a) Omit "he" (wherever occurring), substitute "the person". SCHEDULE 1—continued (b) Insert "or her" after "his". (c) Insert "or her" after "him". Subsection 84 (1): Omit "he" (wherever occurring), substitute "the Director-General". Subsection 87 (1): Insert "or she" after "he". Subsection 87 (2): Insert "or her" after "him" (wherever occurring). Section 89: Insert "or her" after "his". Australian Tourist Commission Act 1967 Subsection 10 (3): Omit "6", substitute "12". Subsection 14 (4): Omit the subsection, substitute the following subsection: "(4) Where the Chairman is not present at a meeting of the Commission, the Deputy Chairman shall preside, or, if the Deputy Chairman is not present, the members present shall elect one of their number to preside.". Subsection 14 (5): Omit all the words after "Commission,", substitute "a quorum is constituted by the number of members that is not less than one-third of the number of members for the time being holding office". Australian Trade Commission Act 1985 After subsection 12 (1): Insert the following subsection: "(1a) Nothing in subsection (1) prevents the appointment of the Managing Director as Chairperson.". Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985 Part II of Schedule 3: Omit "39 (1)", substitute "39 (1a)". SCHEDULE 1—continued Automotive Industry Authority Act 1984 Subsection 4 (1) (definition of "Australian company"): Omit the definition. Subsection 4 (1) (definition of "eligible company"): Omit "an Australian", substitute "a". Subsections 26b (1) and (2): Omit "an Australian", substitute "a". Barley Research Levy Act 1980 Subsection 4 (1) (definition of "growers organization"): Omit "Australian Wheatgrowers' Federation", substitute "Grains Council of Australia". Bass Strait Freight Adjustment Trust Fund Act 1984 After the definition of "prescribed oil" in subsection 3 (1): Insert the following definition: "'prescribed refiner' means a person who operates a refinery;". Subsection 3 (3): Omit the subsection, substitute the following subsection: "(3) For the purposes of this Act, prescribed oil transported to a refinery for refining shall be taken to have been transported on behalf of a person if, and only if, the oil was owned by the person immediately after its delivery to the refinery.". After paragraph 6 (2) (a): Insert the following paragraph: "(aa) prescribed refiners who, during the month immediately preceding the relevant month, exported prescribed oil;". After subsection 7 (1): Insert the following subsection: "(1a) The amount payable to a prescribed refiner at the end of a particular month under paragraph 6 (2) (aa) is an amount calculated at the relevant rate for that month of the prescribed oil exported by the prescribed refiner by virtue of which the prescribed refiner is entitled to payment under that paragraph at the end of that month.". Subsection 7 (2): Omit "rate of". SCHEDULE 1—continued Section 8: Insert "(aa)," after "6 (2) (a),". Canned Fruits Marketing Act 1979 Subsection 3 (1) (definition of "season"): Omit "7", substitute "8". Subsection 21a (1): Omit ", for the period of 3 years commencing on 1 January 1985,". Cheques and Payment Orders Act 1986 Subsection 32 (2): Insert "and 98 (1)" after "(3)". Subsection 95 (3): Omit "bank" (second occurring), substitute "financial institution". Subsection 95 (4): (a) Omit "bank" (second and third occurring), substitute "financial institution". (b) Omit "first-mentioned". Paragraph 110 (3) (b): Omit "if", substitute "it". Section 115: Add at the end the following subsection: "(10) In this section: 'court of competent jurisdiction', in relation to an application for an order of a kind referred to in subsection (8) in relation to a replacement cheque, includes an inferior court of a State or Territory that has jurisdiction for the recovery of debts up to an amount not less than the sum (if any) that is, or it is claimed should be, ordered to be paid by the replacement cheque; 'inferior court' means: (a) a County Court, District Court or Local Court; or (b) a court of summary jurisdiction exercising civil jurisdiction.". Schedule: After the modifications of subsection 6 (2), insert the following: "Subsection 32 (2): Omit 'and 98 (1)'.". Schedule: After the modification of section 95, insert the following: SCHEDULE 1—continued "Subsection 95 (4): Insert 'first-mentioned' before 'bank' (last occurring).". Commonwealth Electoral Act 1918 Section 18: Add at the end the following subsection: "(3) The Electoral Commissioner may give written directions to officers with respect to the performance of their functions, and the exercise of their powers, under this Act.". Subsection 20 (1): Omit "Commission", substitute "Commissioner". Section 20: Add at the end the following subsection: "(3) An Australian Electoral Officer for a State may, subject to any directions given by the Electoral Commissioner, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the State.". Section 32: Add at the end the following subsection: "(2) A Divisional Returning Officer for a Division may, subject to any directions given by the Electoral Commissioner and, if the Division is part of a State, the Australian Electoral Officer for the State, give written directions to officers with respect to the performance of their functions and the exercise of their powers under this Act in, or in relation to, the Division.". Commonwealth Prisoners Act 1967 After the definition of "offence" in subsection 3 (1): Insert the following definition: " 'parole' includes probation;". Subsection 3 (1) (definition of "parole officer"): Omit the definition, substitute the following definition: " 'parole officer' means: (a) an officer of a State or the Northern Territory in respect of whom an arrangement in force under paragraph 21 (1) (b) applies; or (b) an officer of the Australian Public Service in respect of whom an appointment under subsection 21 (2) is in force;". SCHEDULE 1—continued Subsection 3 (1) (definition of "prescribed authority"): (a) Insert "or the Northern Territory" after "a State". (b) Insert "(other than the Northern Territory)" after "a Territory". Subsection 3 (2): Omit "section 21", substitute "in section 21 or 23". Subsection 4 (4): Omit "only one offence and is not already serving a term of imprisonment for another offence", substitute "an offence or offences". After subsection 4 (4): Insert the following subsection: "(4a) Nothing in subsection (1), (3) or (4) shall be taken to authorise a court to fix a single minimum term of imprisonment in respect of an offence or offences against the laws of the Commonwealth and another offence or other offences.". Subsection 15 (2): Omit "the next succeeding subsection", substitute "subsections (3) and (3a)". After subsection 15 (3): Insert the following subsection: "(3a) Where a person to whom this section applies has been sentenced to a term of imprisonment in a State or Territory (in this subsection called the 'relevant State or Territory') other than the State or Territory in which the person was imprisoned immediately before being released from prison pursuant to the parole order, a prescribed authority in the relevant State or Territory shall, if there is produced to the prescribed authority a document signed by the Attorney-General so requesting, issue a warrant: (a) authorising any constable to convey the person to such prison in the relevant State or Territory as is specified in the warrant; and (b) directing that the person, having been conveyed to that prison in accordance with the warrant, be detained in prison in the relevant State or Territory to undergo imprisonment for the part of the term of imprisonment to which the parole order related that the person has not served.". Subsection 15 (4): Omit "the last preceding subsection", substitute "subsection (3) or (3a)". Subsection 21 (1): (a) Insert "or the Administrator of the Northern Territory" after "State" (first occurring). (b) Insert "or Territory" after "that State" (wherever occurring). SCHEDULE 1—continued Subsection 21 (2): Omit "Public Service of the Commonwealth and officers of a Territory", substitute "Australian Public Service". Complaints (Australian Federal Police) Act 1981 After the definition of "member of the Australian Federal Police" in subsection 3 (1): Insert the following definition: " 'minor complaint' means a complaint: (a) concerning action taken by a member, being action that is or involves discourtesy to a person; or (b) that arises out of a misunderstanding of the law, of the policy or procedures of the Australian Federal Police, or of any other matter; but does not include a complaint concerning action that is or involves: (c) serious ill-treatment of a person by a member; or (d) an assault on a person by a member;". After paragraph 3 (3) (b): Insert the following paragraphs: "(ba) a reference to cautioning a member for a breach of discipline shall be construed as a reference to cautioning a member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979; (bb) a reference to a member being offered or accepting a caution shall be construed as a reference to a member being offered or accepting, as the case may be, a caution in accordance with regulations made under the Australian Federal Police Act 1979;". Subsection 5 (1): (a) Insert "or complains to the Ombudsman concerning action taken by a member," after "or by another member,". (b) Omit "whether". Paragraph 5 (1) (a): Insert "whether" before "the complaint". Paragraph 5 (1) (b): Insert "whether or not" before "the member". Paragraph 5 (1) (c): Insert "whether or not" before "the identity". Subsection 5 (2): Omit the subsection. SCHEDULE 1—continued Subsection 6 (1): Omit all the words after "complaint is made", substitute the following: "shall: (a) if the member is authorised by the General Orders or General Instructions to make determinations under this paragraph—determine whether the complaint is a minor complaint and: (i) where the member determines that the complaint is a minor complaint, refer it to a member designated by the Commissioner for the purposes of section 6a; or (ii) in any other case—refer the complaint, by the most expeditious means available to the member, to the Investigation Division for investigation; or (b) if the member is not so authorised—refer the complaint to a member who is so authorised". Subsection 6 (2): Omit the subsection. After section 6: Insert the following sections: Procedure for minor complaints "6a. (1) A member designated by the Commissioner for the purposes of this section shall, as soon as practicable after receiving a minor complaint: (a) discuss the complaint with the complainant; and (b) inform the complainant that the complaint: (i) is being dealt with as a minor complaint; and (ii) will, if the complainant at any time requests, be referred to the Investigation Division for investigation. "(2) Subject to subsection (3), the member may, in the discussion or otherwise, attempt to resolve the complaint by conciliation. "(3) If: (a) the member has not discussed the complaint with the complainant within 24 hours after receiving the complaint; (b) the member is satisfied, after discussion with the complainant, that the complaint is not likely to be resolved by conciliation; or (c) the complainant so requests; the member shall refer the complaint, by the most expeditious means available to the member, to the Investigation Division for investigation and, if paragraph (a) applies, shall accompany the complaint with a statement of the reasons why the complaint has not been discussed with the complainant. "(4) Where the complaint is resolved by conciliation: (a) the member shall: (i) inform the officer in charge; and SCHEDULE 1—continued (ii) provide the officer with any information about the complaint, and about the action taken by the member, that the officer requests; (b) the officer in charge shall: (i) notify the Ombudsman of the complaint and of the resolution of the complaint; and (ii) furnish the Ombudsman with particulars of both; and (c) the officer in charge shall take no action, or further action, by way of investigating or fu