Commonwealth: Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 (Cth)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 No. 39 of 1983 An Act to make various amendments of the statute law of the Commonwealth, to repeal certain Acts, and for related purposes [Assented to 20 June 1983] 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 (No. 1) 1983. Commencement 2. (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent. (2) The amendments of the Australian Federal Police Act 1979 made by this Act shall come into operation on such date as is fixed by Proclamation. (3) The amendments of the Bank Account Debits Tax Administration Act 1982 made by this Act shall— (a) in the case of the amendments of section 6 of that Act—come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent; and (b) in the case of the amendment of sub-section 29 (1) of that Act—be deemed to have come into operation on 31 December 1982. (4) The amendments of the Customs Act 1901 made by this Act shall— (a) in the case of the amendments of section 131a of that Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of the Wildlife Protection (Regulation of Exports and Imports) Act 1982; (b) in the case of the amendment of sub-section 273f (2) of that Act—come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent; and (c) in the case of the other amendments of that Act—be deemed to have come into operation at the hour of 8 o'clock in the evening by standard time in the Australian Capital Territory on 17 August 1982. (5) The amendments of the Customs and Excise Amendment Act 1982 made by this Act shall come into operation, or shall be deemed to have come into operation, as the case requires— (a) in the case of the amendments of section 30 of that Act—on the commencement of that section; and (b) in the case of the amendment of section 76 of that Act—on the commencement of that section. (6) The amendment of the Dairy Industry Stabilization Amendment Act 1978 made by this Act shall be deemed to have come into operation on 1 July 1978. (7) The amendments of the Defence Act 1903 made by this Act shall— (a) in the case of the repeal of section 69 of that Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 38 of the Defence Force Re-organization Act 1975; (b) in the case of the amendment of section 116d of that Act—come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent or, if the day fixed under sub-section 2 (3) of the Defence Acts Amendment Act 1981 is a later day, on that later day; and (c) in the case of the other amendments of that Act—come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent. (8) The amendment of the Domicile Act 1982 made by this Act shall be deemed to have come into operation on 1 July 1982. (9) The amendment of the Environment Protection (Alligator Rivers Region) Act 1978 made by this Act shall come into operation on such date as is fixed by Proclamation. (10) The amendment of the Governor-General Act 1974 made by this Act shall be deemed to have come into operation on 9 June 1982. (11) The amendments of the Income Tax Assessment Act 1936 made by this Act shall— (a) in the case of the amendments of sub-paragraph 221zc (5) (b) (i) of that Act—be deemed to have come into operation on 13 December 1982; and (b) in the case of the other amendments of that Act—come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent. (12) The amendments of the Judiciary Act 1903 made by this Act shall come into operation on the day on which this Act receives the Royal Assent. (13) The amendment of the Meat Research Act 1960 made by this Act shall be deemed to have come into operation on 2 July 1979. (14) The amendments of the Parliamentary Allowances Act 1952 made by this Act shall be deemed to have come into operation on the commencement of sections 169 and 170 of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982. (15) The amendments of the Public Service Act 1922 made by this Act shall— (a) in the case of the amendment of sub-section 81zv (2) of that Act—be deemed to have come into operation on 1 March 1983; and (b) in the case of the other amendments of that Act—come into operation on such respective dates as are fixed by Proclamation. (16) The amendments of the Public Service Acts Amendment Act 1982 made by this Act shall— (a) in the case of the amendment of section 22 of that Act—come into operation on the commencement of that section; and (b) in the case of the amendment of sub-section 77 (4) of that Act—be deemed to have come into operation on 5 November 1982. (17) The amendment of the Repatriation Legislation Amendment Act 1982 made by this Act shall be deemed to have come into operation on 28 October 1982. (18) The amendment of the Special Prosecutors Act 1982 made by this Act shall be deemed to have come into operation on 21 September 1982. (19) The amendments of the States Grants (Schools Assistance) Act 1981 made by this Act shall be deemed to have come into operation on 19 November 1981. (20) The amendments of the States Grants (Schools Assistance) Act 1982 made by this Act shall be deemed to have come into operation on 13 December 1982. (21) The amendments of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 made by this Act shall be deemed to have come into operation on 20 October 1982. (22) The repeal of the Australian Capital Territory Gaming and Liquor Authority Act 1981 by this Act shall come into operation on a date to be fixed by Proclamation. Amendment of Acts 3. The Acts specified in Schedule 1 are amended as set out in that Schedule. Formal amendment of Excise Act 1901 4. The Excise Act 1901 is amended as set out in Schedule 2. Repeal of Acts 5. The following Acts are repealed: Australian Capital Territory Gaming and Liquor Authority Act 1981 Defence Force (Papua New Guinea) Retirement Benefits Act 1973. Transfer validated 6. The transfer by the Commonwealth to the Government of Papua New Guinea of $1,152,966, being the balance, as of 5 March 1975, standing to the credit of the Defence Force (Papua New Guinea) Retirement Benefits Fund established by the Defence Force (Papua New Guinea) Retirement Benefits Act 1973, shall be deemed to have been as validly done as if, at the time of the transfer, it had been authorized by that Act. Transitional 7. (1) Where this Act— (a) amends a provision of an Act; or (b) repeals and re-enacts (with or without modifications) a provision of an Act, any act done or decision made under or in pursuance of the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under or in pursuance of the provision as so amended or re-enacted. (2) Notwithstanding the amendment of paragraphs 124 (1) (j), (k) and (l) of the Defence Act 1903 by this Act, regulations made under those paragraphs and in force immediately before the commencement of the amendment continue in force as if they had been made under that Act as so amended. (3) The amendments of section 80 of the Trade Practices Act 1974 made by this Act extend to proceedings pending immediately before the commencement of those amendments. (4) The amendment of section 163a of the Trade Practices Act 1974 made by this Act does not extend to proceedings pending on the commencement of that amendment. (5) An amendment made by this Act increasing the rate of penalty arising in respect of a liability to pay a charge or levy extends to a penalty arising before the date of commencement of the amendment, but the rate as so increased does not apply in respect of that penalty before that date. SCHEDULE 1 Section 3 AMENDMENT OF ACTS Acts Amendments Acts Interpretation New paragraph 22 (f)— Act 1901 After paragraph 22 (e), add the following paragraph: "(f) 'Foreign country' means any country (whether or not an independent sovereign state) outside Australia and the external Territories.". New section 34c— After section 34b, insert the following section: Periodic reports "34c. (1) In this section— 'periodic report' means a regular report relating to— (a) the activities, operations, business or affairs of a person; or (b) the administration, operation or working of an Act or part of an Act, during a particular period that ends on or after 30 June 1983; 'person' includes a body corporate, office, commission, authority, committee, tribunal, board, institute, organization or other body however described. "(2) Where an Act requires a person to furnish a periodic report to a Minister but does not specify a period within which the report is to be so furnished, that person shall furnish the report to the Minister as soon as practicable after the end of the particular period to which the report relates and, in any event, within 6 months after the end of that particular period. SCHEDULE 1—continued Acts Amendments "(3) Where an Act requires a person to furnish a periodic report to a Minister for presentation to the Parliament but does not specify a period within which the report is to be so presented, that Minister shall cause a copy of the periodic report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report. "(4) Where this or any other Act requires a person to furnish a periodic report to a Minister within a specified period and that person is of the opinion that it will not be reasonably possible to comply with the requirement, that person may, within the specified period, apply to the Minister for an extension of the period, and, where he does so apply, he shall furnish to the Minister a statement in writing explaining why, in that person's opinion, it will not be reasonably possible to comply with the requirement. "(5) A Minister may, on application under sub-section (4), grant such extension as he considers reasonable in the circumstances. "(6) Notwithstanding sub-section (2) and the provisions of any other Act, where a Minister grants an extension pursuant to an application under sub-section (4)— (a) the Minister shall cause to be laid before each House of the Parliament, within 3 sitting days of that House after the day on which he grants the extension, a copy of the statement furnished pursuant to sub-section (4) in respect of the application together with a statement specifying the extension granted and his reasons for granting the extension; (b) the person who made the application shall furnish the periodic report to the Minister within the period as so extended; and (c) the Minister shall cause a copy of the periodic report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report. SCHEDULE 1—continued Acts Amendments "(7) Where this or any other Act requires a person to furnish a periodic report to a Minister within a specified period or an extension of that period under this section and that person fails to do so— (a) that person shall, not later than 14 days after the end of that specified period or extension, as the case may be, furnish to the Minister a statement in writing explaining why the report was not furnished as required; and (b) the Minister shall cause a copy of the statement to be laid before each House of the Parliament within 3 sitting days of that House after the day on which he receives the statement. "(8) This section does not apply in relation to the Australian Security Intelligence Organization or the Office of National Assessments.". Advisory Council for Inter-government Relations Act 1976 Sub-section 2(1), definition of "general election"— (a) Omit "and". (b) After paragraph (b), add the following word and paragraph: "and (c) in relation to the Legislative Assembly of the Northern Territory—means a general election for the Legislative Assembly of the Northern Territory;". Sub-section 2 (1), definition of "Parliamentary member"— Omit "paragraphs 8 (2) (a) to (h)", substitute "paragraphs 8 (2) (a) to (i)". New sub-section 2 (3)— After sub-section 2 (2), add the following sub-section: "(3) In this Act, unless the contrary intention appears— (a) a reference to a Parliament, or to a House of a Parliament, shall be read as including a reference to the Legislative Assembly of the Northern Territory; (b) a reference to a Premier shall be read as including a reference to the Chief Minister of the Northern Territory; and SCHEDULE 1—continued Acts Amendments (c) a reference to a State shall be read as including a reference to the Northern Territory.". Sub-section 8 (2)— Omit "22", substitute "24". New paragraph 8 (2) (i)— After paragraph 8 (2) (h), insert the following paragraph: "(i) 1 member of the Legislative Assembly of the Northern Territory who shall be appointed on the nomination of the Chief Minister of that Territory;". Paragraph 8 (2) (j)— Omit "6", substitute "7". Sub-section 16 (2)— Omit the sub-section. Sub-section 16 (5)— (a) Omit "body by which he was appointed", substitute "House of Assembly". (b) Omit "that body", substitute "the House of Assembly". Sub-section 16 (6)— Omit "body by which he was appointed", substitute "House of Assembly". Sub-section 16c (2)— (a) Omit "or of the Northern Territory". (b) Omit "or Territory" (wherever occurring). Air Navigation Act 1920 Sub-section 3(1), definition of "non-scheduled flight"— Omit "Director-General", substitute "Secretary". Sub-section 22 (4)— (a) Omit "$400", substitute "$2,500". (b) Omit "$1,000", substitute "$5,000". (c) Omit "$10,000", substitute "$25,000". Paragraph 26 (2) (k)— Omit "$1,000", substitute "$5,000". Section 29— Repeal the section, substitute the following section: SCHEDULE 1—continued Acts Amendments Annual report "29. (1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the administration and operation of this Act and the regulations during the year that ended on that 30 June and on such other matters concerning civil aviation as the Secretary considers should be included in the report. "(2) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.". Airlines Agreement Act 1981 Sub-section 8 (2)— After ", by regulation," insert "amend or". Airports (Surface Traffic) Act 1960 Sub-section 3 (1), definition of "airport"— Omit "Air Navigation Act 1920-1960", substitute "Air Navigation Act 1920". Section 21— Omit "Minister under section 29 of the Air Navigation Act 1920-1960", substitute "Secretary under section 29 of the Air Navigation Act 1920". Amendments Incorporation Act 1905 Sub-section 2 (3)— After "sub-paragraph,", insert "sub-sub-paragraph,". Apple and Pear Export Charge Collection Act 1976 Sub-section 6 (1)— Omit "10 per centum", substitute "20%". Apple and Pear Levy Collection Act 1976 Sub-section 7 (1)— Omit "10 per centum", substitute "20%". Ashmore and Cartier Islands Acceptance Act 1933 New sub-sections 10 (7), (8) and (9)— After sub-section 10 (6), add the following sub-sections: "(7) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, are void and of no effect. SCHEDULE 1—continued Acts Amendments "(8) Sub-sections (2) to (6), inclusive, apply to and in relation to regulations laid before a House of the Parliament as if the references in those sub-sections to an Ordinance were references to regulations. "(9) In this section, 'regulations' includes rules and by-laws.". Australian Antarctic Territory Act 1954 New sub-sections 12 (6), (7) and (8)— After sub-section 12 (5), add the following sub-sections: "(6) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, shall be void and of no effect. "(7) Sub-sections (2) to (5), inclusive, apply to and in relation to regulations laid before a House of the Parliament as if the references in those sub-sections to an Ordinance were references to regulations. "(8) In this section, 'regulations' includes rules and by-laws.". Australian Capital Territory Taxation (Administration) Act 1969 New section 6a— After section 6, insert the following section: Annual report "6a. (1) The Commissioner of Taxation shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act, including any breaches or evasions of this Act of which the Commissioner has notice. "(2) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.". Australian Centre for International Agricultural Research Act 1982 Sub-section 4 (2)— (a) Omit "with perpetual succession". (b) Omit "in its corporate name". SCHEDULE 1—continued Acts Amendments Australian Electoral Office Act 1973 New sub-section 14 (1a)— After sub-section 14 (1), insert the following sub-section: "(1a) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.". Paragraph 14 (2) (a)— After "appointment", insert ", including remuneration and allowances,". Sub-section 14 (3)— After "so acting", insert "then, subject to sub-section (1a),". Sub-section 14 (4)— Omit the sub-section, substitute the following sub-sections: "(4) The appointment of a person under sub-section (1) ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Governor-General. "(4a) Section 8 applies in relation to a person appointed under sub-section (1) in like manner as it applies in relation to an Officer.". Sub-section 14 (6)— Omit the sub-section, substitute the following sub-section: "(6) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.". New section 15a— After section 15, insert the following section: Annual report "15a. (1) The Chief Australian Electoral Officer shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Australian Electoral Office during the year that ended on that 30 June. SCHEDULE 1—continued Acts Amendments "(2) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.". Australian Federal Police Act 1979 Sub-section 36 (1)— After "promotion to a", insert "position within a" Paragraph 36 (2) (a)— (a) After "in relation to a" (second occurring), insert "position within a". (b) Omit "members holding that rank", substitute "a member holding that position". Bank Account Debits Tax Administration Act 1982 Sub-sections 6 (1) and (2)— Omit the sub-sections, substitute the following sub-section: "(1) The Commissioner shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the working of this Act during the year that ended on that 30 June, including any breaches or evasions of this Act of which the Commissioner has notice.". Sub-section 6 (4)— Omit the sub-section, substitute the following sub-section: "(4) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.". Sub-section 29 (1)— Omit all the words after "so far as practicable,", substitute "mutatis mutandis, to and in relation to a proceeding to which this section applies in like manner as they would apply if the proceeding were a proceeding in the High Court.". Barley Research Act 1980 Sub-section 7 (1)— Omit "10%", substitute "20%". Sub-section 7 (2)— SCHEDULE 1—continued Acts Amendments Omit "10%", substitute "20%". Broadcasting and Television Act 1942 Sub-paragraph 92f (3) (a) (v)— Omit "sub-paragraph (iii)", substitute "sub-paragraph (iv)". Canned Fruits Levy Collection Act 1979 Sub-section 5 (1)— Omit "10%", substitute "20%". Christmas Island Act 1958 New sub-sections 10 (6), (7) and (8)— After sub-section 10 (5), add the following sub-sections: "(6) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, are, and shall be deemed to have been, void and of no effect. "(7) Sub-sections (2) to (5), inclusive, apply to and in relation to regulations laid before a House of the Parliament as if the references in those sub-sections to an Ordinance were references to regulations. "(8) In this section, 'regulations' includes rules and by-laws.". Civil Aviation (Carriers' Liability) Act 1959 Section 19— Omit "Judiciary Act 1903-1955", substitute "Judiciary Act 1903". Sub-section 25 (2)— Omit "Acts Interpretation Act 1901-1957", substitute "Acts Interpretation Act 1901". Sub-section 26 (1), definition of "the Air Navigation Regulations"— Omit "Air Navigation Act 1920-1950", substitute "Air Navigation Act 1920". Civil Aviation (Damage by Aircraft) Act 1958 Sub-section 9 (5)— Omit the sub-section. Cocos (Keeling) Islands Act 1955 New sub-sections 13 (6), (7) and (8)— After sub-section 13 (5), add the following sub-sections: SCHEDULE 1—continued Acts Amendments "(6) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, shall be void and of no effect. "(7) Sub-sections (2) to (5), inclusive, apply to and in relation to regulations laid before a House of the Parliament as if the references in those sub-sections to an Ordinance were references to regulations. "(8) In this section, 'regulations' includes rules and by-laws.". Commonwealth Electoral Act 1918 Sub-section 32 (1)— Omit the sub-section, substitute the following sub-section: "(1) The Governor-General may arrange with the Governor of a State or the Administrator of the Northern Territory for, or for the carrying out of a procedure relating to, the preparation, alteration or revision of the Rolls, in any manner consistent with the provisions of this Act, jointly by the Commonwealth and the State or jointly by the Commonwealth and the Northern Territory, as the case may be, whether for the purpose of the Rolls being used as Electoral Rolls for State elections or Northern Territory elections, as the case may be, as well as for Commonwealth elections, or for any other purpose.". Sub-section 32 (2)— (a) Omit ", for the purposes of such State elections". (b) After "State electors", insert "or Northern Territory electors". Commonwealth Employees (Redeployment and Retirement) Act 1979 Sub-paragraph 9 (2) (b) (ii)— Omit "sub-paragraph 7 (1) (b) (i), (ii) and (iii)", substitute "sub-paragraph 7 (1) (b) (i), (ii) or (iii)". Sub-section 20 (1)— After "upon report by the", insert "Public Service". Sub-section 21 (1)— After "incapable of performing his duties, the", insert "Public Service". Sub-paragraph 29 (1) (d) (iii)— SCHEDULE 1—continued Acts Amendments Omit "Naval Defence Act 1901", substitute "Naval Defence Act 1910". Commonwealth Schools Commission Act 1973 Section 6— Repeal the section, substitute the following section: Acting appointments "6. (1) The Minister may appoint a member or an acting member to act as Chairman— (a) during a vacancy in the office of Chairman; or (b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office, but a person appointed to act during a vacancy shall not continue so to act for more than 12 months. "(2) The Minister may appoint a person to act as a member, other than the Chairman, during a vacancy in the office of such a member, but a person so appointed shall not continue to act as such a member for more than 12 months. "(3) The Minister may appoint a person to act as a full-time member, other than the Chairman, during any period, or during all periods, when such a member is absent from duty or from Australia or is, for any other reason, unable to perform the functions of his office. "(4) The Minister may appoint a person to act as a part-time member during any period, or during all periods, when such a member is unable (whether on account of illness or otherwise) to attend meetings of the Commission. "(5) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment. "(6) The Minister may— (a) determine the terms and conditions of appointment of a person appointed under this section; and (b) terminate such an appointment at any time. SCHEDULE 1—continued Acts Amendments "(7) Where a person is acting as Chairman in accordance with paragraph (1) (b), or as a member in accordance with sub-section (3) or (4), and the office of Chairman or that member, as the case may be, becomes vacant while that person is so acting, then, subject to sub-section (5), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. "(8) While a person is acting as Chairman or any other member under this section, he has and may exercise all the powers, and shall perform all the functions, of the Chairman or that other member, as the case may be. "(9) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased." New section 17a— After section 17, insert the following section: Annual report "17a. (1) The Commission shall, as soon as practicable after 31 December in each year, prepare and furnish to the Minister a report of the operations of the Commission during the year that ended on that 31 December. "(2) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.". Commonwealth Tertiary Education Commission Act 1977 New sub-section 16 (4a)— After sub-section 16 (4), insert the following sub-section: "(4a) An appointment under this section may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.". Sub-section 16 (5)— SCHEDULE 1—continued Acts Amendments After "so acting", insert "then, subject to sub-section (4a),". Paragraph 16 (6) (a)— After "appointment", insert ", including remuneration and allowances,". Sub-section 16 (7)— Omit" the sub-section, substitute the following sub-section: "(7) The appointment of a person under this section ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.". Sub-section 16 (9)— Omit the sub-section, substitute the following sub-section: "(9) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.". New sub-section 35 (1a)— After sub-section 35 (1), insert the following sub-section: "(1a) An appointment of a person under sub-section (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.". Paragraph 35 (2) (a)— After "appointment", insert ", including remuneration and allowances,". Sub-sections 35 (3) and (4)— Omit the sub-sections, substitute the following sub-sections: SCHEDULE 1—continued Acts Amendments "(3) Where a person is acting as a member of a Council in accordance with paragraph (1) (b) and the office of that member becomes vacant while that person is so acting, then, subject to sub-section (1a), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens. "(4) The appointment of a person under sub-section (1) ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister. "(5) The validity of anything done by a person purporting to act under sub-section (1) shall not be called in question on the ground that the occasion for his appointment had not arisen, that there was a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.". New section 43a— After section 43, insert the following section: Annual report "43a. (1) The Commission shall, as soon as practicable after 31 December in each year, prepare and furnish to the Minister a report of the operations of the Commission during the year that ended on that 31 December. "(2) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.". Coral Sea Islands Act 1969 New sub-sections 7 (7), (8) and (9)— After sub-section 7 (6), add the following sub-sections: "(7) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, are void and of no effect. SCHEDULE 1—continued Acts Amendments "(8) Sub-sections (2) to (6), inclusive, apply to and in relation to regulations laid before a House of the Parliament as if the references in those sub-sections to an Ordinance were references to regulations. "(9) In this section, 'regulations' includes rules and by-laws.". Cotton Research Act 1982 Sub-section 7 (1)— Omit "10%", substitute "20%". Sub-section 7 (2)— Omit "10%", substitute "20%". Crimes (Aircraft) Act 1963 Sub-section 18 (1)— Omit from the foot of the sub-section "Penalty: Imprisonment for seven years.", substitute "Penalty— (a) if the offender is a natural person—imprisonment for seven years; or (b) if the offender is a body corporate—$100,000.". Sub-section 22a (4)— Omit the sub-section, substitute the following sub-section: "(4) Where, in accordance with sub-section (3), a court of summary jurisdiction convicts a person of an offence against section 18, the penalty that the court may impose is— (a) if the offender is a natural person—a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or (b) if the offender is a body corporate—a fine not exceeding $25,000.". Customs Act 1901 Sub-section 131a (1)— Omit ", subject to sub-section (2),". Sub-section 131a (2)— Omit the sub-section. Paragraph 164 (3) (a)— Omit "paragraph (b) of sub-section (1)", substitute "paragraph (1) (b)". Sub-section 164 (7), definition of "duty"— Omit "sub-section (1) of section 163", substitute "sub-section 163 (1)". Sub-section 214a (3)— SCHEDULE 1—continued Acts Amendments Omit "paragraph (a) or (b) of sub-section (1)", substitute "paragraph (1) (a) or (b)". Sub-section 214a (6)— Omit all the words after "offence against" (first occurring), substitute "paragraph (9) (c) or an offence against paragraph 234 (b), (e) or (f) in relation to a rebate under section 164.". Sub-section 273f (2)— Omit "refence", substitute "reference". Customs and Excise Amendment Act 1982 Paragraph 30 (a)— Omit "and" (second occurring). New paragraph 30 (c)— After paragraph 30 (b), add the following word and paragraph: "; and (c) by omitting from sub-section (3) 'or for removal to a specified place'.". Section 76— Omit paragraphs (a) and (b), substitute the following paragraphs: "(a) by omitting from paragraph (1) (e) 'and' (last occurring); and (b) by adding at the end of sub-section (1) the following word and paragraph: '; and (g) a decision of a Collector for the purposes of section 61d.'.". Dairy Industry Stabilization Act 1977 Sub-section 6 (1)— Omit "10 per centum", substitute "20%". Dairy Industry Stabilization Amendment Act 1978 Section 4— Omit "paragraph (b) of sub-section (1)", substitute "paragraph (b) of sub-section (2)". Dairy Products (Export Inspection Charge) Collection Act 1982 Sub-section 7 (1)— Omit "10%", substitute "20%". SCHEDULE 1—continued Acts Amendments Dairying Industry Research and Promotion Levy Collection Act 1972 Sub-section 7(1)— Omit "ten per centum", substitute "20%". Sub-section 7 (2)— Omit "ten per centum", substitute "20%". Defence Act 1903 Sub-section 10 (1)— After "regulations", insert ", by instrument in writing". Sub-section 10a (1)— Omit "10c", substitute "120a". Section 10c— Repeal the section, substitute the following section: Extension and conversion of appointments "10c. An officer of the Army appointed for a specified period of service may, on or before the expiration of that period, volunteer for a further period of service or for a permanent appointment, and the Chief of the General Staff may, by instrument in writing, extend the appointment for a further specified period of service or convert the appointment to a permanent appointment accordingly.". Sub-section 17 (2)— After "Governor-General,", insert "by instrument in writing,". Paragraph 17 (3) (a)— After "may", insert ", by instrument in writing,". Sub-section 17 (5)— After "may", insert ", by instrument in writing,". Section 26— Omit "Governor-General may", substitute "Chief of the General Staff may, by instrument in writing,". New sub-section 26 (2)— Add at the end of section 26 the following sub-section: "(2) A person whose name has been placed on a retired list in pursuance of this section is not, by reason only of that placement, a member of the Army or of the Defence Force.". Section 27— Omit "Governor-General may", substitute "Minister may, by instrument in writing,". New section 32c— SCHEDULE 1—continued Acts Amendments After section 32b, insert the following section: Joint service units "32c. Subject to any regulations under this Act, the Naval Defence Act 1910 or the Air Force Act 1923 relating to the organization of the Defence Force or any arm of the Defence Force, the Chief of Defence Force Staff may establish a part or parts of the Defence Force consisting of members of more than one arm of the Defence Force.". Sub-section 36 (2)— After "and", insert "may, by instrument in writing,". Sub-section 44 (1)— Omit "such authority and", substitute "the Chief of the General Staff". Sub-section 44 (2)— Omit the sub-section, substitute the following sub-section: "(2) Where a soldier has been discharged under sub-section (1) and the Chief of the General Staff or any person to whom powers under that sub-section have been delegated is satisfied that the soldier could properly have been discharged under that sub-section for a prescribed reason other than that for which he was discharged, the Chief of the General Staff or the delegate, as the case may be, may, at the request of the soldier, take such steps as are necessary to ensure that he is treated as having been discharged for that other reason, including the taking of steps to amend any relevant order of discharge and any other relevant documents.". Section 69— Repeal the section. Section 87— Repeal the section. Sub-section 116d (2)— Omit the sub-section, substitute the following sub-sections: SCHEDULE 1—continued Acts Amendments "(2) Where, in the course of preparing an order under sub-section (1) in relation to a country, the Chief of Defence Force Staff determines that there is no rank in a part of the Defence Force that can reasonably be regarded as corresponding with a particular rank in the forces of that country, he may specify in the order, for the purposes of this Division or any specified provision of this Division and either generally or for any other specified purposes— (a) a rank in that part of the Defence Force that is to be regarded as corresponding with that particular rank; or (b) the relationship that is to be regarded as existing between a member of those forces holding that particular rank and the members of that part of the Defence Force. "(3) References in this section to ranks shall be read as including references to ratings in naval forces and, generally, as not restricted to the ranks of officers.". New sub-section 116r (4)— After sub-section 116r (3), add the following sub-section: "(4) Sub-sections 120a (8) and (9) apply in relation to a delegation under this section as if it were a delegation under section 120a.". Section 120a— Repeal the section, substitute the following section: Delegation "120a. (1) The Governor-General may, by instrument in writing, delegate to the Chief of Defence Force Staff or to an officer of the Army all or any of his powers under sections 10 and 10b. "(2) The Governor-General may, by instrument in writing, delegate to an officer all or any of his powers under section 86. "(3) The Minister may, by instrument in writing, delegate to an officer of the Army all or any of his powers under section 27. "(4) The Chief of the General Staff may, by instrument in writing, delegate to an officer of the Army all or any of his powers under sections 10c, 26 and 44. SCHEDULE 1—continued Acts Amendments "(5) A delegation under this section may be made either generally or otherwise as provided in the instrument of delegation. "(6) A power delegated under this section shall, when exercised by the delegate, be deemed, for the purposes of this Act, to have been exercised by the person who made the delegation. "(7) A delegation under this section does not prevent the exercise of a power by the person who made the delegation. "(8) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation. "(9) A document purporting to be a copy of an instrument of delegation under this section and purporting to bear the signature, or a facsimile of the signature, of the person who made the delegation and an endorsement in writing that the delegation is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Act, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was on the date specified, in force.". New section 123g— After section 123f, insert the following section in Part X: Orders in relation to rifle ranges "123g. (1) The Minister may make orders, not inconsistent with this Act, for and in relation to the control and administration of rifle ranges. "(2) Without limiting the generality of sub-section (1), orders may be made for or in relation to— (a) the location and acquisition of property for use as a rifle range; (b) the design, construction and use of a rifle range and any equipment or facilities for use in connection with a rifle range, including the setting of safety standards for such design, construction and use; and SCHEDULE 1—continued Acts Amendments (c) the regulation or prohibition of the carriage, possession or use of firearms on, or in connection with, a rifle range