Commonwealth: Statute Law Revision Act 1981 (Cth)

Statute Law Revision Act 1981 No. 61 of 1981 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 3. Principal Act 4. Schedule PART III—AMENDMENTS OF THE AIR FORCE ACT 1923 5. Principal Act 6. Australian Air Force 7. Permanent Air Force 8. Air Force Emergency Force 9. Repeal of section 4d and substitution of new section— 4d. Australian Air Force Reserve 10. Service of the Permanent Air Force 11. Service of the Air Force Emergency Force 12. Service of the Australian Air Force Reserve 13. Transitional and savings PART IV—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969 14. Principal Act 15. Repeal of section 21 and substitution of new section — 21. Review of revocation of authority TABLE OF PROVISIONS—continued Section PART V—AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975 16. Principal Act 17. Requirement with respect to the exhibition of Australian short films PART VI—AMENDMENT OF THE AUSTRALIAN NATIONAL UNIVERSITY ACT 1946 18. Principal Act 19. Constitution of Council PART VII—AMENDMENT OF THE CANBERRA WATER SUPPLY (GOOGONG DAM) ACT 1974 20. Principal Act 21. Exemption of certain persons PART VIII—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905 22. Principal Act 23. Insertion of new section— 15. Review of decisions PART IX—AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955 24. Principal Act 25. Arrest of witness for failing to appear PART X—AMENDMENTS OF THE DEFENCE ACT 1903 26. Principal Act 27. Interpretation 28. Term of appointment 29. Repeal of sections 24 and 25 30. Retired lists 31. Division of Australian Army 32. Permanent Military Forces 33. Repeal of section 32a and substitution of new section— 32a. Australian Army Reserve 34. Discharge upon expiration of period of engagement 35. Discharge of members of Australian Army Reserve 36. Discharge of members of Regular Army Emergency Reserve 37. Enlistment in Reserve Force 38. Service of the Permanent Military Forces 39. Calling out of the Regular Army Emergency Reserve for continuous full-time military service 40. Calling out of the Regular Army Reserve for continuous service 41. Direction by prescribed authority 42. Application of certain regulations to the Regular Army Emergency Reserve 43. Service of the Australian Army Reserve 44. Calling out of the Reserve Forces in time of war or defence emergency 45. Service of Reserve Forces after call out 46. Citizen Military Forces to be returned to districts 47. Protection of States from domestic violence 48. Absence for more than 7 days deemed to be desertion 49. Power to discharge or disrate members of Reserve Forces 50. Power to arrest and detain in military custody 51. Transitional and savings PART XI—AMENDMENT OF THE DISTILLATION ACT 1901 52. Principal Act 53. Insertion of new section— 82b. Review of decisions TABLE OF PROVISIONS—continued Section PART XII—AMENDMENT OF THE EXCISE ACT 1901 54. Principal Act 55. Insertion of new section— 162c. Review of decisions PART XIII—AMENDMENT OF THE HISTORIC SHIPWRECKS ACT 1976 56. Principal Act 57. Interpretation PART XIV—AMENDMENTS OF THE MIGRATION ACT 1958 58. Principal Act 59. Persons entering Australia in certain circumstances to be prohibited immigrants 60. Insertion of new section— 66e. Review of decisions PART XV—AMENDMENTS OF THE NAVAL DEFENCE ACT 1910 61. Principal Act 62. Terms of appointment 63. Retired lists 64. Australian Navy 65. Naval Emergency Reserve Forces 66. Repeal of section 22 and substitution of new section— 22. Australian Naval Reserve 67. Discharge on expiration of period of engagement 68. Discharge prior to expiration of period of engagement 69. Repeal of section 31 and substitution of new section— 31. Service of the Permanent Naval Forces 70. Service of the Naval Emergency Reserve Forces 71. Service of the Australian Naval Reserve 72. Transitional and savings PART XVI—AMENDMENTS OF THE PIG INDUSTRY RESEARCH ACT 1971 73. Principal Act 74. Interpretation 75. Australian Pig Industry Research Committee 76. Transitional PART XVII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 77. Principal Act 78. Suspension of officers included in Second, Third or Fourth Division 79. Temporary employment 80. Application for reinstatement as person to whom Division applies PART XVIII—AMENDMENTS OF THE SCHOOLS COMMISSION ACT 1973 81. Principal Act 82. Title 83. Short title 84. Interpretation 85. Establishment of Commission 86. Functions of Commission 87. State and Territory Commonwealth Schools Commission Advisory Boards 88. Transitional PART XIX—AMENDMENT OF THE SOCIAL SERVICES ACT 1947 89. Principal Act 90. Insertion of new section— 15a. Review by Administrative Appeals Tribunal TABLE OF PROVISIONS—continued Section PART XX—AMENDMENT OF THE SPIRITS ACT 1906 91. Principal Act 92. Licences to make and sell methylated spirits PART XXI—AMENDMENTS OF THE TERTIARY EDUCATION COMMISSION ACT 1977 93. Principal Act 94. Title 95. Short title 96. Interpretation 97. Commonwealth Tertiary Education Commission 98. Functions of Commission 99. Performance of functions of Commission 100. Transitional references 101. Transitional delegations 102. Transitional PART XXII—AMENDMENT OF THE TRADE MARKS ACT 1955 103. Principal Act 104. Matters to be considered before acceptance PART XXIII—AMENDMENTS OF THE TRADE UNION TRAINING AUTHORITY ACT 1975 Division 1—Principal Act 105. Principal Act Division 2—Amendments relating to the Australian Council 106. Constitution of Executive Board 107. Constitution of the Australian Council 108. Method of appointment of certain members 109. Deputy members of the Australian Council 110. Tenure of Office 111. Termination of Appointment Division 3—Amendments relating to State Councils 112. Constitution of State Councils 113. Deputy members of State Councils 114. Tenure of office of members of State Councils PART XXIV—AMENDMENTS OF OTHER ACTS 115. Amendments of other Acts 116. Amendments of Acts consequential upon the amendments made by Parts III, X and XV 117. Amendments of Acts consequential upon the amendments made by Parts XVIII and XXI PART XXV—REPEAL OF ACTS 118. Repeal of Acts 119. Repeal of certain incorporating Acts 120. Saving 121. Operation of Acts Interpretation Act 122. Effect of repeals SCHEDULE 1 AMENDMENTS OF OTHER ACTS SCHEDULE 2 AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS III, X AND XV TABLE OF PROVISIONS—continued Section SCHEDULE 3 AMENDMENTS OF ACTS CONSEQUENTIAL UPON THE AMENDMENTS MADE BY PARTS XVIII AND XXI SCHEDULE 4 REPEAL OF ACTS Part I—Supply Acts Part II—Appropriation Acts Part III—Validating Acts Part IV—Grants Acts Part V—Loan Acts Part VI—Bounty Acts Part VII—Miscellaneous Acts SCHEDULE 5 REPEAL OF CERTAIN INCORPORATING ACTS Part I—Tax Acts and Health Insurance Levy Acts Division 1—Tax Acts Division 2—Health Insurance Levy Acts Part II—Senate Elections Acts Statute Law Revision Act 1981 No. 61 of 1981 An Act for the purposes of statute law revision, and for other purposes [Assented to 12 June 1981] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Statute Law Revision Act 1981. Commencement 2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) Parts III, X and XV and section 116 shall come into operation on a date to be fixed by Proclamation. (3) Part VI shall be deemed to have come into operation on 31 August 1980. (4) Part VII shall be deemed to have come into operation on 28 May 1980. (5) Part IX shall be deemed to have come into operation on 19 October 1979. (6) Part XIII shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day after the day on which Part II of the Petroleum (Submerged Lands—Miscellaneous Amendments) Act 1981 comes or came into operation. (7) Sections 58 and 59 shall be deemed to have come into operation on 1 November 1979. (8) Part XVII shall be deemed to have come into operation on 15 March 1981. (9) Part XXII shall be deemed to have come into operation on 1 February 1977. (10) Divisions 2 and 3 of Part XXIII shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation. PART II—AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 Principal Act 3. The Administrative Appeals Tribunal Act 19751 is in this Part referred to as the Principal Act. Schedule 4. (1) The Schedule to the Principal Act is amended by omitting Parts IV, V, VIII, X, XVI, XVII, XXI, XXII, XXIVa and XXV. (2) The amendment made by sub-section (1) does not affect any application made to the Administrative Appeals Tribunal before the commencement of this section, or any matter or thing arising out of, or any proceeding incidental to or connected with, any such application. PART III—AMENDMENTS OF THE AIR FORCE ACT 1923 Principal Act 5. The Air Force Act 19232 is in this Part referred to as the Principal Act. Australian Air Force 6. Section 4a of the Principal Act is amended by omitting "Citizen Air Force" and substituting "Australian Air Force Reserve". Permanent Air Force 7. Section 4b of the Principal Act is amended by omitting "Citizen Air Force" and substituting "Australian Air Force Reserve". Air Force Emergency Force 8. Section 4c is amended by omitting "Citizen Air Force" and substituting "Australian Air Force Reserve". 9. Section 4d of the Principal Act is repealed and the following section substituted: Australian Air Force Reserve "4d. (1) The Australian Air Force Reserve consists of the Air Force Active Reserve, the Air Force General Reserve and the Air Force Specialist Reserve. "(2) The Active Citizen. Air Force in existence immediately before the commencement of this section continues in existence as a force forming part of the Australian Air Force Reserve, under the name Air Force Active Reserve, but so that the identity and membership of the force is not affected. "(3) The Air Force Reserve in existence immediately before the commencement of this section continues in existence as a force forming part of the Australian Air Force Reserve, under the name Air Force General Reserve, but so that the identity and membership of the force is not affected. "(4) The Air Force Active Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve. "(5) The Air Force General Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve. "(6) The Air Force Specialist Reserve consists of officers appointed to, and airmen enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Air Force, the Air Force Emergency Force or another part of the Australian Air Force Reserve.". Service of the Permanent Air Force 10. Section 4g of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-section: "(1) Members of the Permanent Air Force are bound to render continuous full time air-force service."; and (b) by inserting in sub-section (2) "full time air-force" after "continuous". Service of the Air Force Emergency Force 11. Section 4h of the Principal Act is amended— (a) by omitting from sub-section (1) "serve continuously" and substituting "render continuous full time air-force service"; (b) by inserting in sub-section (2) "full time air-force" after "continuous"; and (c) by inserting in sub-section (3) "full time air-force" after "continuous" (first occurring). Service of the Australian Air Force Reserve 12. Section 4j of the Principal Act is amended — (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections: "(1) Subject to this section, members of the Australian Air Force Reserve are not bound to render continuous full time air-force service. "(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Air Force Active Reserve and the Air Force Specialist Reserve, or different training periods in respect of different parts, or different classes of members, of those Reserves. "(2a) Members of the Air Force Active Reserve or the Air Force Specialist Reserve are bound to render, in each training period, air-force service, other than continuous full time air-force service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service. "(2b) The regulations— (a) may make provision for different periods of air-force service with respect to different parts, or different classes of members, of the Air Force Active Reserve or the Air Force Specialist Reserve; and (b) may make provision for exempting— (i) a particular member of the Air Force Active Reserve or the Air Force Specialist Reserve; or (ii) members within a specified class of members of the Air Force Active Reserve or the Air Force Specialist Reserve, from the obligation to render, during a training period, the whole or part of the air-force service that he or they would otherwise be bound to render during that period."; (b) by omitting from sub-section (3) "Citizen Air Force" and substituting "Australian Air Force Reserve"; and (c) by omitting sub-section (4) and substituting the following sub-sections: "(4) A member of the Australian Air Force Reserve may at any time voluntarily undertake to render air-force service, other than continuous full time air-force service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render air-force service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs. "(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations, in respect of a part, or a class of members, of the Air Force Active Reserve or the Air Force Specialist Reserve, a member of that Reserve included in that part or class may, in addition to rendering air-force service that he is bound to render in pursuance of sub-section (2a) or (4), render voluntarily, in a training period, air-force service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed. "(6) Where a kind or kinds of air-force service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Air Force Active Reserve or the Air Force Specialist Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of that Reserve included in that part or class to render voluntarily air-force service of a kind other than a kind so fixed. "(7) Nothing in this section affects the liability of a member of the Australian Air Force Reserve to be employed on continuous full time air-force service while he is a member of a part of that Reserve called out for such service under section 50a or 51 of the Defence Act.". Transitional and savings 13. (1) The Australian Air Force Reserve is, for all purposes, a continuation, under that name, of the part of the Air Force previously known as the Citizen Air Force. (2) Where, immediately before the proclaimed date, a period of air-force service that was to be rendered during a period (in this sub-section referred to as "the relevant period") that commenced before, and ends after, that date was fixed for the purposes of section 4j of the Principal Act with respect to a part, or a class of members, of the Citizen Air Force that is continued in existence on and after that date under the name Australian Air Force Reserve— (a) the amendments of section 4j of the Principal Act made by this Act do not apply to or in relation to members of that part or class of the Australian Air Force Reserve (including persons who become members of that part or class after that date) until the expiration of the relevant period; and (b) section 4j of the Principal Act and the regulations in force for the purposes of that section immediately before that date continue to apply, notwithstanding those amendments, to and in relation to those members as if those amendments had not been made. (3) All regulations in force under the Principal Act immediately before the proclaimed date continue in force except insofar as they are inconsistent with the Principal Act as amended by this Act, but any such regulations may be amended or repealed by regulations made under the Principal Act as amended by this Act. (4) In this section, "proclaimed date" means the date that is fixed by Proclamation under sub-section 2 (2). PART IV—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY TAXATION (ADMINISTRATION) ACT 1969 Principal Act 14. The Australian Capital Territory Taxation (Administration) Act 19693 is in this Part referred to as the Principal Act. 15. (1) Section 21 of the Principal Act is repealed and the following section is substituted: Review of revocation of authority "21. An application may be made to the Administrative Appeals Tribunal for review of a revocation by the Commissioner of Taxation under section 20 of an authority granted to a banker under this Division.". (2) The amendment made by sub-section (1) applies in relation to a revocation by the Commissioner of Taxation under section 20 of the Australian Capital Territory Taxation (Administration) Act 1969 effected before or after the commencement of this section. PART V—AMENDMENT OF THE AUSTRALIAN FILM COMMISSION ACT 1975 Principal Act 16. The Australian Film Commission Act 19754 is in this Part referred to as the Principal Act. Requirement with respect to the exhibition of Australian short films 17. (1) Section 10 of the Principal Act is amended by adding at the end thereof the following sub-section: "(8) An application may be made to the Administrative Appeals Tribunal for review of a requirement made under this section.". (2) The amendment made by sub-section (1) applies in relation to a requirement made under section 10 of the Australian Film Commission Act 1975 made before or after the commencement of this section. PART VI—AMENDMENT OF THE AUSTRALIAN NATIONAL UNIVERSITY ACT 1946 Principal Act 18. The Australian National University Act 19465 is in this Part referred to as the Principal Act. Constitution of Council 19. Section 11 of the Principal Act is amended by omitting from paragraph (1) (f) "Deans of Faculties in the School" and substituting "deans of faculties within The Faculties". PART VII—AMENDMENT OF THE CANBERRA WATER SUPPLY (GOOGONG DAM) ACT 1974 Principal Act 20. The Canberra Water Supply (Googong Dam) Act 19746 is in this Part referred to as the Principal Act. Exemption of certain persons 21. Section 23 of the Principal Act is amended by inserting in paragraph (d) "or special member" after "member". PART VIII—AMENDMENT OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905 Principal Act 22. The Commerce (Trade Descriptions) Act 19057 is in this Part referred to as the Principal Act. 23. (1) After section 14 of the Principal Act the following section is inserted in Part V: Review of decisions "15. (1) Applications may be made to the Administrative Appeals Tribunal for review of— (a) decisions of the Comptroller-General of Customs under sub-section (3) of section 7 or section 10 other than a decision in respect of which an appeal has been made to the Minister for Business and Consumer Affairs under that sub-section or section, as the case may be; and (b) decisions of the Secretary to the Department of Primary Industry under sub-section (3) of section 11 or section 13 other than a decision in respect of which an appeal has been made to the Minister for Primary Industry under that sub-section or section, as the case may be. "(2) A person is not entitled— (a) to appeal to the Minister for Business and Consumer Affairs under sub-section (3) of section 7 or section 10 against a decision of the Comptroller-General of Customs under that sub-section or section, as the case may be; or (b) to appeal to the Minister for Primary Industry under sub-section (3) of section 11 or section 13 against a decision of the Secretary to the Department of Primary Industry under that sub-section or section, as the case may be, if an application has been made under sub-section (1) for review of that decision. "(3) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.". (2) The amendment made by sub-section (1) applies in relation to— (a) decisions of the Comptroller-General of Customs under sub-section 7 (3) or section 10 of the Commerce (Trade Descriptions) Act 1905; and (b) decisions of the Secretary to the Department of Primary Industry under sub-section 11 (3) or section 13 of the Commerce (Trade Descriptions) Act 1905, given before or after the commencement of this section. PART IX—AMENDMENT OF THE COURTS-MARTIAL APPEALS ACT 1955 Principal Act 24. The Courts-Martial Appeals Act 19558 is in this Part referred to as the Principal Act. Arrest of witness for failing to appear 25. Section 32 of the Principal Act is amended by omitting from sub-section (3) "Commonwealth Police Officer" and substituting "member or special member of the Australian Federal Police". PART X—AMENDMENTS OF THE DEFENCE ACT 1903 Principal Act 26. The Defence Act 19039 is in this Part referred to as the Principal Act. Interpretation 27. Section 4 of the Principal Act is amended— (a) by omitting the definition of "Active Forces" in sub-section (1); (b) by omitting the definition of "The Citizen Forces" in sub-section (1) and substituting the following definition: " 'The Emergency Forces' means the Naval Emergency Reserve Forces, the Regular Army Emergency Reserve and the Air Force Emergency Force."; and (c) by omitting the definition of "The Reserve Forces" in sub-section (1) and substituting the following definitions: " 'The Permanent Forces' means the Permanent Naval Forces, the Australian Regular Army, the Regular Army Supplement and the Permanent Air Force. " 'The Reserve Forces' means the Australian Naval Reserve, the Australian Army Reserve and the Australian Air Force Reserve.". Term of appointment 28. Section 10a of the Principal Act is amended— (a) by inserting in sub-section (4) "full time military" after "continuous"; (b) by omitting from sub-section (5) ", in the Regular Army Reserve or in the Citizen Military Forces" and substituting "or in the Australian Army Reserve"; and (c) by inserting in sub-section (5) "full time military" after "continuous". Repeal of sections 24 and 25 29. Sections 24 and 25 of the Principal Act are repealed. Retired lists 30. Section 26 of the Principal Act is amended by inserting "the names of officers or former" after "place". Division of Australian Army 31. Section 31 of the Principal Act is amended by omitting "Citizen Military Forces" and substituting "Australian Army Reserve". Permanent Military Forces 32. Section 32 of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-section: "(1) The Permanent Military Forces consist of 3 forces, namely, the Australian Regular Army, the Regular Army Supplement and the Regular Army Emergency Reserve."; (b) by omitting from paragraph (3) (c) "Citizen Military Forces" and substituting "Australian Army Reserve"; (c) by omitting from sub-section (4) "Citizen Military Forces" and substituting "Australian Army Reserve"; and (d) by omitting sub-section (5). 33. Section 32a of the Principal Act is repealed and the following section substituted: Australian Army Reserve "32a. (1) The Australian Army Reserve consists of 2 forces, namely, the Active Australian Army Reserve and the Inactive Australian Army Reserve. "(2) The Active Citizen Military Forces in existence immediately before the commencement of this section continue in existence as a force forming part of the Australian Army Reserve, under the name Active Australian Army Reserve, but so that the identity and membership of the force is not affected. "(3) The Reserve Citizen Military Forces in existence immediately before the commencement of this section continue in existence as a force forming part of the Australian Army Reserve, under the name Inactive Australian Army Reserve, but so that the identity and membership of the force is not affected. "(4) The Active Australian Army Reserve consists of officers appointed to, and of soldiers enlisted in, that force and of officers transferred to that force from any part of the Permanent Military Forces or from the Inactive Australian Army Reserve. "(5) The Inactive Australian Army Reserve consists of officers appointed to, and of soldiers enlisted in, that force and of officers transferred to that force from any part of the Permanent Military Forces or from the Active Australian Army Reserve.". Discharge upon expiration of period of engagement 34. Section 39 of the Principal Act is amended— (a) by inserting in sub-section (3) "full time military" after "continuous"; (b) by omitting from sub-section (4) "or a voluntarily enlisted soldier of the Regular Army Reserve"; and (c) by inserting in sub-section (4) "full time military" after "continuous". Discharge of members of Australian Army Reserve 35. Section 40 of the Principal Act is amended— (a) by omitting from sub-section (1) "Active Citizen Military Forces" and substituting "Australian Army Reserve"; (b) by omitting from sub-section (2) "Active Citizen Military Forces" and substituting "Australian Army Reserve"; and (c) by omitting from sub-section (2) "those Forces" and substituting "that Reserve". Discharge of members of Regular Army Emergency Reserve 36. Section 41 of the Principal Act is amended— (a) by inserting in paragraph (1) (b) "full time military" after "continuous"; (b) by omitting paragraph (1) (c) and substituting the following paragraph: "(c) during any period for which he has volunteered to render continuous full time military service,"; (c) by omitting from sub-section (1) "or of the Regular Army Reserve"; and (d) by omitting sub-section (2) and substituting the following sub-section: "(2) Whenever a soldier of the Regular Army Emergency Reserve claims his discharge as provided by sub-section (1), he shall be discharged with all convenient speed, but until he is discharged he remains a soldier of the Regular Army Emergency Reserve.". Enlistment in Reserve Force 37. Section 42 of the Principal Act is repealed. Service of the Permanent Military Forces 38. Section 45 of the Principal Act is amended by omitting sub-sections (1) and (3) and substituting the following sub-sections: "(1) Members of the Australian Regular Army or of the Regular Army Supplement are bound to render continuous full time military service. "(2) Members of the Regular Army Emergency Reserve are not bound to render continuous full time military service otherwise than— (a) as provided by sub-section (4); or (b) while they are members of a part of that Reserve called out for such service under section 46 or 51, but are bound to render military service for such periods as are fixed by or in accordance with the regulations.". Calling out of the Regular Army Emergency Reserve for continuous full time military service 39. Section 46 of the Principal Act is amended— (a) by inserting in sub-section (1) "full time military" after "continuous"; and (b) by inserting in sub-section (2) "full time military" after "continuous" (first occurring). Calling out of the Regular Army Reserve for continuous service 40. Section 47 of the Principal Act is repealed. Direction by prescribed authority 41. Section 48 of the Principal Act is amended— (a) by omitting "or 47"; and (b) by omitting "or of the Regular Army Reserve, as the case requires". Application of certain regulations to the Regular Army Emergency Reserve 42. Section 49 of the Principal Act is amended by omitting "and members of the Regular Army Reserve". Service of the Australian Army Reserve 43. Section 50 of the Principal Act is amended— (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections: "(1) Members of the Australian Army Reserve are not bound to render continuous full time military service otherwise than— (a) as provided in this section; or (b) while they are members of a part of that Reserve called out for such service under section 50a or 51. "(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Active Australian Army Reserve, or different training periods in respect of different parts, or different classes of members, of that Reserve. "(2a) Members of the Active Australian Army Reserve are bound to render, in each training period, military service, other than continuous full time military service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service. "(2b) The regulations— (a) may make provision for different periods of military service with respect to different parts, or different classes of members, of the Active Australian Army Reserve; and (b) may make provision for exempting— (i) a particular member of the Active Australian Army Reserve; or (ii) members within a specified class of members of the Active Australian Army Reserve, from the obligation to render, during a training period, the whole or part of the military service that he or they would otherwise be bound to render during that period."; (b) by omitting from sub-section (3) "Citizen Military Forces" and substituting "Australian Army Reserve"; and (c) by adding at the end thereof the following sub-sections: "(4) A member of the Australian Army Reserve, may at any time voluntarily undertake to render military service, other than continuous full time military service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render military service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs. "(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Active Australian Army Reserve, a member of that Reserve included in that part or class may, in addition to rendering military service that he is bound to render in pursuance of sub-section (2a) or (4), render voluntarily, in a training period, military service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed. "(6) Where a kind or kinds of military service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Active Australian Army Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of that part, or included in that class, to render voluntarily military service of a kind other than a kind so fixed.". Calling out of the Reserve Forces in time of war or defence emergency 44. Section 50a of the Principal Act is amended by omitting from sub-section (1) "Citizen Forces" and substituting "Reserve Forces". Service of Reserve Forces after call out 45. Section 50b of the Principal Act is amended by omitting "Citizen Forces" (wherever occurring) and substituting "Reserve Forces". Citizen Military Forces to be returned to districts 46. Section 50d of the Principal Act is repealed. Protection of States from domestic violence 47. Section 51 of the Principal Act is amended— (a) by omitting "(other than Reserve Forces)"; (b) by omitting "the Reserve Forces and the Citizen Forces" and substituting "the Emergency Forces and the Reserve Forces"; and (c) by omitting "the Reserve Forces or the Citizen Forces" and substituting "the Emergency Forces or the Reserve Forces". Absence for more than 7 days deemed to be desertion 48. Section 78 of the Principal Act is amended— (a) by omitting from paragraph (a) "a Reserve Force" and substituting "the Emergency Forces"; and (b) by omitting from paragraph (b) "the Citizen Forces" and substituting "the Reserve Forces". Power to discharge or disrate members of Reserve Forces 49. Section 112 of the Principal Act is amended by omitting "the Citizen Forces" and substituting "the Reserve Forces". Power to arrest and detain in military custody 50. Section 113 of the Principal Act is amended by omitting "the Reserve Forces or of the Citizen Forces" and substituting "the Emergency Forces or of the Reserve Forces". Transitional and savings 51. (1) The Australian Army Reserve is, for all purposes, a continuation, under that name, of the part of the Army previously known as the Citizen Military Forces. (2) The reserve of officers referred to in section 25 of the Principal Act shall be deemed to have been disbanded upon the proclaimed date. (3) All officers whose names were, immediately before the proclaimed date, included on the reserve of officers list kept in accordance with section 25 of the Principal Act shall, on that date, be deemed to have been duly appointed to the Inactive Australian Army Reserve, and the provisions of the Principal Act as amended by this Act and the regulations in force under the Principal Act as so amended apply to and in relation to them accordingly. (4) An officer serving in the Regular Army Reserve immediately before the proclaimed date shall, on that date, be deemed to have been duly appointed to the Inactive Australian Army Reserve, and the provisions of the Principal Act as amended by this Act and the regulations in force under the Principal Act as so amended apply to and in relation to him accordingly. (5) A soldier serving in the Regular Army Reserve immediately before the proclaimed date shall, on that date, be deemed, for all purposes of this Act, to have been engaged to serve in the Inactive Australian Army Reserve for a period equal to the balance of the period for which he had been engaged to serve in the Regular Army Reserve and, subject to sub-section (6), the provisions of the Principal Act as amended by this Act and the regulations in force under the Principal Act as so amended apply to and in relation to him accordingly. (6) A soldier serving in the Regular Army Reserve immediately before the proclaimed date shall not, in relation to his being deemed to have been so engaged to serve in the Inactive Australian Army Reserve, take and subscribe a fresh oath or make a fresh affirmation but, upon his being deemed to have been so engaged, references to the Regular Army Reserve in the oath taken and subscribed by him, or in the affirmation made by him, at the time of his having been engaged to serve in the Regular Army Reserve shall be deemed to include references to the Inactive Australian Army Reserve. (7) Where, immediately before the proclaimed date, a period of military service that was to be rendered during a period (in this sub-section referred to as "the relevant period") that commenced before, and ends after, that date was fixed for the purposes of section 50 of the Principal Act with respect to a part, or a class of members, of the Citizen Military Forces that is continued in existence on and after that date under the name Australian Army Reserve— (a) the amendments of section 50 of the Principal Act made by this Act do not apply to or in relation to members of that part or class of the Australian Army Reserve (including persons who become members of that part or class after that date) until the expiration of the relevant period; and (b) section 50 of the Principal Act and the regulations in force for the purposes of that section immediately before that date continue to apply, notwithstanding those amendments, to and in relation to those members as if those amendments had not been made. (8) All regulations in force under the Principal Act immediately before the proclaimed date continue in force except insofar as they are inconsistent with the Principal Act as amended by this Act, but any such regulations may be amended or repealed by regulations made under the Principal Act as amended by this Act. (9) In this section, "proclaimed date" means the date that is fixed by Proclamation under sub-section 2 (2). PART XI—AMENDMENT OF THE DISTILLATION ACT 1901 Principal Act 52. The Distillation Act 190110 is in this Part referred to as the Principal Act. 53. (1) After section 82a of the Principal Act the following section is inserted: Review of decisions "82b. (1) An application may be made to the Administrative Appeals Tribunal for review of— (a) a decision of the Collector under section 20, 22 or 23; and (b) a cancellation of a licence by the Minister under section 24. "(2) In sub-section (1), 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.". (2) The amendment made by sub-section (1) applies in relation to— (a) a decision of the Collector under section 20 of the Distillation Act 1901 given before or after the commencement of this section; (b) a decision of the Collector under section 22 or 23 of the Distillation Act 1901 given after the commencement of this section; and (c) a cancellation of a licence by the Minister under section 24 of the Distillation Act 1901 effected before or after the commencement of this section. PART XII—AMENDMENT OF THE EXCISE ACT 1901 Principal Act 54. The Excise Act 190111 is in this Part referred to as the Principal Act. 55. (1) After section 162b of the Principal Act the following section is inserted: Review of decisions "162c. (1) An application may be made to the Administrative Appeals Tribunal for review of— (a) a decision of a Collector under section 5a; (b) a decision of the Collector under section 40; (c) a cancellation by the Minister under section 43; (d) quota orders, and variations of quota orders made by the Minister under section 59a or 59b; and (e) a demand made by a Collector under section 60. "(2) Where a dispute referred to in section 154 has arisen and the owner of the goods has, in accordance with that section, deposited the amount of duty demanded by the Collector, an application may be made to the Administrative Appeals Tribunal for review of the demand made by the Collector for that amount. "(3) An application may not be made under sub-section (2) unless the application is made within a period of 6 months after the making of the deposit referred to in that sub-section. "(4) Where the owner of goods has made an application under sub-section (2)— (a) consequences referred to in paragraph 154 (2) shall not ensue and the owner of the goods is not entitled to institute against the Collector an action referred to in that paragraph; and (b) the proper duty payable in respect of the goods shall be deemed to be— (i) the amount determined to be the proper duty by, or ascertained to be the proper duty in accordance with— (a) the decision of the Tribunal; (b) an order of a Court on appeal from that decision; or (ii) the amount of the deposit, whichever is the less, and where the amount of the deposit exceeds the amount referred to in sub-paragraph (i), the excess shall be refunded by the Collector to the owner with interest at the rate of 5% per annum. "(5) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.". (2) The amendment made by sub-section (1) applies in relation to— (a) a decision of a Collector under section 5a of the Excise Act 1901; (b) a decision of the Collector under section 40 of the Excise Act 1901; (c) a cancellation by the Minister under section 43 of the Excise Act 1901; (d) quota orders, and variations of quota orders made by the Minister under sections 59a and 59b of the Excise Act 1901; (e) a demand by a Collector under section 60 of the Excise Act 1901; and (f) a demand by the Collector under section 154 of the Excise Act 1901, given, effected or made before or after the commencement of this section. PART XIII—AMENDMENT OF THE HISTORIC SHIPWRECKS ACT 1976 Principal Act 56. The Historic Shipwrecks Act 197612 is in this Part referred to as the Principal Act. Interpretation 57. Section 3 of the Principal Act is amended by omitting from sub-section (5) "as in force immediately before the commencement of this sub-section" and substituting "as in force immediately after the commencement of Part II of the Petroleum (Submerged Lands—Miscellaneous Amendments) Act 1981". PART XIV—AMENDMENTS OF THE MIGRATION ACT 1958 Principal Act 58. The Migration Act 195813 is in this Part referred to as the Principal Act. Persons entering Australia in certain circumstances to be prohibited immigrants 59. Section 16 of the Principal Act is amended by inserting after sub-section (1b) the following sub-section: "(1c) In sub-section (1)— (a) references to a visa shall be read as including references to a visa or similar notation, or a form of provisional authority to enter Australia, that was issued on behalf of the Commonwealth before 1 November 1979; and (b) references to a return endorsement shall be read as including references to a document or notation that was issued on behalf of the Commonwealth before 1 November 1979 in respect of the return of a person to Australia.". 60. (1) After section 66d of the Principal Act the following section is inserted: Review of decisions "66e. (1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister under section 12, 13 or 48 other than a decision made on a matter remitted by the Tribunal for reconsideration in accordance with sub-section (3). "(2) A person is not entitled to make an application under sub-section (1) in relation to a decision under section 12 or 13 unless— (a) the person is an Australian citizen; or (b) the continued presence of the person in Australia is not subject to any limitation as to time imposed by law. "(3) After reviewing a decision referred to in sub-section (1), the Tribunal shall either affirm the decision or remit the matter for reconsideration in accordance with any recommendations of the Tribunal. "(4) For the purpose of reviewing a decision referred to in sub-section (1), the Tribunal shall be constituted by a presidential member alone. "(5) Where an application has been made to the Tribunal for the review of a decision under section 12 or 13 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 39 to have ceased or to cease to be in force by reason only of any order that has been made by the Tribunal or a presidential member under section 41 of the Administrative Appeals Tribunal Act 1975 or by the Federal Court of Australia or a Judge of that Court under section 44a of that Act. "(6) In this section, 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.". (2) The amendment made by sub-section (1) applies in relation to a decision of the Minister under section 12, 13 or 48 of the Migration Act 1958 given before or after the commencement of this section. PART XV—AMENDMENTS OF THE NAVAL DEFENCE ACT 1910 Principal Act 61. The Naval Defence Act 191014 is in this Part referred to as the Principal Act. Terms of appointment 62. Section 9 of the Principal Act is amended— (a) by inserting in sub-section (4) "full time naval" after "continuous"; (b) by omitting from sub-section (5) "Citizen Naval Forces" and substituting "Australian Naval Reserve"; and (c) by inserting in sub-section (5) "full time naval" after "continuous". Retired lists 63. Section 17a of the Principal Act is amended by inserting "or former officers" after "officers". Australian Navy 64. Section 19 of the Principal Act is amended by omitting "Citizen Naval Forces" and substituting "Australian Naval Reserve". Naval Emergency Reserve Forces 65. Section 21 of the Principal Act is amended by omitting "Citizen Naval Forces" and substituting "Australian Naval Reserve". 66. Section 22 of the Principal Act is repealed and the following section substituted: Australian Naval Reserve "22. The Australian Naval Reserve consists of officers appointed to, and of sailors enlisted in, that Reserve and of such officers as are transferred to that Reserve from the Permanent Naval Forces or the Naval Emergency Reserve Forces.". Discharge on expiration of period of engagement 67. Section 28 of the Principal Act is amended— (a) by inserting in sub-section (3) "full time naval" after "continuous"; and (b) by inserting in sub-section (4) "full time naval" after "continuous". Discharge prior to expiration of period of engagement 68. Section 29 of the Principal Act is amended— (a) by omitting from sub-section (1) "Citizen Naval Forces" and substituting "Australian Naval Reserve"; (b) by inserting in paragraph (1) (c) "full time naval" after "continuous"; and (c) by omitting from sub-section (2) "Citizen Naval Forces" and substituting "Australian Naval Reserve". 69. Section 31 of the Principal Act is repealed and the following section substituted: Service of the Permanent Naval Forces "31. Members of the Permanent Naval Forces are bound to render continuous full time naval service.". Service of the Naval Emergency Reserve Forces 70. Section 32 of the Principal Act is amended— (a) by omitting from sub-section (1) "serve continuously" and substituting "render continuous full time naval service"; (b) by inserting in sub-section (2) "full time naval" after "continuous"; and (c) by inserting in sub-section (3) "full time naval" after "continuous" (first occurring). Service of the Australian Naval Reserve 71. Section 32a of the Principal Act is amended— (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections: "(1) Subject to this, section, members of the Australian Naval Reserve are not bound to render continuous full time naval service. "(2) The regulations shall fix, or make provision for fixing, training periods in respect of the Australian Naval Reserve, or different training periods in respect of different parts, or different classes of members, of that Reserve. "(2a) Members of the Australian Naval Reserve are bound to render, in each training period, naval service, other than continuous full time naval service, for such periods as are fixed by or in accordance with the regulations, unless exempted by or in accordance with the regulations from the obligation to render the whole or a part of that service. "(2b) The regulations— (a) may make provision for different periods of naval service with respect to different parts, or different classes of members, of the Australian Naval Reserve; and (b) may make provision for exempting— (i) a particular member of the Australian Naval Reserve; or (ii) members within a specified class of members of the Australian Naval Reserve, from the obligation to render, during a training period, the whole or part of the naval service that he or they would otherwise be bound to render during that period."; (b) by omitting from sub-section (3) "Citizen Naval Forces" and substituting "Australian Naval Reserve"; and (c) by omitting sub-section (4) and substituting the following sub-sections: "(4) A member of the Australian Naval Reserve may at any time voluntarily undertake to render naval service, other than continuous full time naval service, for a period or periods specified by him, and, if that undertaking is accepted, the member is bound to render naval service in accordance with that undertaking or for such period or periods within that specified period, or within those specified periods, as the case may be, as the prescribed authority directs. "(5) Where a period is fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Australian Naval Reserve, a member of that Reserve included in that part or class may, in addition to rendering naval service that he is bound to render in pursuance of sub-section (2a) or (4), render voluntarily, in a training period, naval service for a period not exceeding, or for periods not exceeding in the aggregate, the period so fixed. "(6) Where a kind or kinds of naval service is or are fixed, for the purposes of this sub-section, by or in accordance with the regulations in respect of a part, or a class of members, of the Australian Naval Reserve, being a part or class in respect of which a period is fixed for the purposes of sub-section (5), that sub-section does not authorize a member of the Reserve included in that part or class to render voluntarily naval service of a kind other than a kind so fixed. "(7) Nothing in this section affects the liability of a member of the Australian Naval Reserve to be employed on continuous full time naval service while he is a member of a part of that Reserve called out for such service under section 50a or 51 of the Defence Act.". Transitional and savings 72. (1) The Australian Naval Reserve is, for all purposes, a continuation, under that name, of the part of the Navy previously known as the Citizen Naval Forces. (2) Where, immediately before the proclaimed date, a period of naval service that was to be rendered during a period (in this sub-section referred to as "the relevant period") that commenced before, and ends after, that date was fixed for the purposes of section 32a of the Principal Act with respect to a part, or a class of members, of the Citizen Naval Forces that is continued in existence on and after that date under the name Australian Naval Reserve— (a) the amendments of section 32a of the Principal Act made by this Act do not apply to or in relation to members of that part or class of the Australian Naval Reserve (including persons who become members of that part or class after that date) until the expiration of the relevant period; and (b) section 32a of the Principal Act and the regulations in force for the purposes of that section immediately before that date continue to apply, notwithstanding those amendments, to and in relation to those members as if those amendments had not been made. (3) All regulations in force under the Principal Act immediately before the proclaimed date continue in force except in so far as they are inconsistent with the Principal Act as amended by this Act, but any such regulations may be amended or repealed by regulations made under the Principal Act as amended by this Act. (4) In this section, "proclaimed date" means the date that is fixed by Proclamation under sub-section 2 (2). PART XVI—AMENDMENTS OF THE PIG INDUSTRY RESEARCH ACT 1971 Principal Act 73. The Pig Industry Research Act 197115 is in this Part referred to as the Principal Act. Interpretation 74. Section 3 of the Principal Act is amended by omitting "Pig Industry Research Committee" from the definition of "the Committee" and substituting "Australian Pig Industry Research Committee". Australian Pig Industry Research Committee 75. Section 8 of the Principal Act is amended by omitting from sub-section (1) "Pig Industry Research Committee" and substituting "Australian Pig Industry Research Committee". Transitional 76. The Australian Pig Industry Research Committee is, for all purposes, the continuation, under that name, of the body by the name of the Pig Industry Research Committee constituted under the Principal Act. PART XVII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1922 Principal Act 77. The Public Service Act 192216 is in this Part referred to as the Principal Act. Suspension of officers included in Second, Third or Fourth Division 78. Section 63b of the Principal Act is amended by omitting from paragraph (3) (a) "sub-section 62 (2)" and substituting "sub-section 61 (2)". Temporary employment 79. Section 82 of the Principal Act is amended by omitting sub-section (6b) and substituting the following sub-section: "(6b) The services of an employee to whom the Commonwealth Employees (Redeployment and Retirement) Act 1979 applies shall not be dispensed with under sub-section (6) except on— (a) the ground that the person has wilfully disobeyed, or wilfully disregarded, a direction given by a person having authority to give the direction, being a direction with which it is his duty as an employee to comply; (b) the ground that he is inefficient or incompetent for reasons or causes within his own control; (c) the ground that he is negligent or careless in the discharge of his duties as an employee; (d) the ground that he has engaged in improper conduct as an employee; (e) the ground that he has engaged in improper conduct otherwise than as an employee, being conduct that affects adversely the performance of his duties as an employee or brings the Service into disrepute; (f) the ground that he has contravened or failed to comply with— (i) a provision of this Act, of the regulations or of a determination in force under sub-section 9 (7a) or section 82d, being a provision that is applicable to him; or (ii) the terms and conditions upon which he is employed; (g) the ground that he has, whether before or after becoming an employee, wilfully supplied to an officer or another person acting on behalf of the Commonwealth incorrect or misleading information in connection with his being accepted as an employee in the Service; or (h) the ground that— (i) a court has, after 15 September 1980, convicted him of a criminal offence or found, without recording a conviction, that he has committed such an offence; and (ii) the nature and seriousness of that offence, the circumstances in which that offence was committed and the nature of his duties, are such that it is in the interests of the Service that his services should be dispensed with.". Application for reinstatement as person to whom Division applies 80. Section 87p of the Principal Act is amended by omitting from sub-sections (5), (6) and (7) "sub-section (1)" and substituting "sub-section (2)". PART XVIII—AMENDMENTS OF THE SCHOOLS COMMISSION ACT 1973 Principal Act 81. The Schools Commission Act 197317 is in this Part referred to as the Principal Act. Title 82. The title of the Principal Act is amended by omitting "Schools Commission" and substituting "Commonwealth Schools Commission". Short title 83. Section 1 of the Principal Act is amended by omitting "Schools Commission Act 1973" and substituting "Commonwealth Schools Commission Act 1973". Interpretation 84. Section 3 of the Principal Act is amended by omitting "Schools Commission" from the definition of "Commission" in sub-section (1) and substituting "Commonwealth Schools Commission". Establishment of Commission 85. Section 4 of the Principal Act is amended by omitting from sub-section (1) "Schools Commission" and substituting "Commonwealth Schools Commission". Functions of Commission 86. Section 13 of the Principal Act is amended— (a) by omitting from sub-section (1) "States, with authorities in the Australian Capital Territory and the Northern Territory responsible for primary or secondary education in either or both of those Territories" and substituting "States and the Northern Territory, with authorities in the Australian Capital Territory responsible for primary or secondary education in that Territory"; and (b) by omitting from paragraph (2) (c) "States for and in respect of schools and school systems and to schools in the Australian Capital Territory and the Northern Territory" and substituting "States and the Northern Territory for and in respect of schools and school systems and to schools in the Australian Capital Territory". State and Territory Commonwealth Schools Commission Advisory Boards 87. Section 16 of the Principal Act is amended— (a) by omitting from sub-section (1) "Schools Commission Advisory Board, or the Schools Commission Advisory Boards" and substituting "Commonwealth Schools Commission Advisory Board, or the Commonwealth Schools Commission Advisory Boards"; and (b) by omitting from sub-section (5) "Schools Commission Advisory Board" and substituting "Commonwealth Schools Commission Advisory Board". Transitional 88. (1) The Commonwealth Schools Commission is, for all purposes, a continuation, under that name, of the body known as the Schools Commission established by the Principal Act and a reference in any law of the Commonwealth other than this Act to the Schools Commission shall be construed as a reference to the Commonwealth Schools Commission. (2) A Commonwealth Schools Commission Advisory Board is, for all purposes, a continuation, under that name, of the body having the same membership that was known as a Schools Commission Advisory Board and was established under section 16 of the Principal Act. PART XIX—AMENDMENT OF THE SOCIAL SERVICES ACT 1947 Principal Act 89. The Social Services Act 194718 is in this Part referred to as the Principal Act. 90. After section 15 of the Principal Act the following section is inserted: Review by Administrative Appeals Tribunal "15a. (1) Where the Director-General has, on or after 9 September 1980 in pursuance of section 14 or 15, made a decision affirming, varying or annulling a determination, direction, decision or approval of an officer, being a determination, direction, decision or approval that has been reviewed by a Social Security Appeals Tribunal, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, an application may be made to the Administrative Appeals Tribunal for review of the decision of the Director-General. "(2) Where— (a) the Director-General has, on or after 9 September 1980, in pursuance of section 14 or 15, made a decision affirming, varying or annulling a determination, direction, decision or approval of an officer, being a determination, direction, decision or approval that has not been reviewed by a Social Security Appeals Tribunal; and (b) the decision of the Director-General is one in respect of which the Director-General has, at the request of a person, certified in writing that an important principle of general application is involved with respect to entitlement to, or assessment of, a pension, allowance, entitlement or benefit under this Act or with respect to the operation of those provisions of the Health Insurance Act 1973 that relate to disadvantaged persons, an application may be made to the Administrative Appeals Tribunal for review of the decision of the Director-General. "(3) A reference in sub-sections (1) and (2) to a decision of an officer shall be read as including a reference to a decision referred to in section 5f of the Health Insurance Act 1973. "(4) Where, immediately before the date of commencement of this section, a person was entitled by virtue of sub-clause 24a (3) of the Schedule to the Administrative Appeals Tribunal Act 1975 to make an application to the Administrative Appeals Tribunal for a review of a decision by the Director-General, then, subject to section 29 of the Administrative Appeals Tribunal Act 1975, that person may, on or after that date, apply to the Tribunal for review of that decision. "(5) The operation of sub-section 29 (2) of the Administrative Appeals Tribunal Act 1975 in relation to an application under sub-section (2) of this section for review of a decision is modified so that the prescribed time for the purposes of paragraph 29 (1) (d) of that Act is the period commencing on the day on which the decision was or is made and ending on the twenty-eighth day after— (a) if the decision sets out the findings on material questions of fact and the reasons for the decision—the day (in this sub-section referred to as the 'certificate day') on which the certificate of the Director-General was or is furnished to the applicant; and (b) if the decision does not set out those findings and reasons— (i) if a statement in writing setting out those findings and reasons was or is furnished to the applicant otherwise than in pursuance of a request under sub-section 28 (1) of the Administrative Appeals Tribunal Act 1975 not later than the twenty-eighth day after the certificate day—the day on which the statement was or is furnished to the applicant or the certificate day, whichever is the later; (ii) if the applicant, in accordance with sub-section 28 (1) of the Administrative Appeals Tribunal Act 1975 requests the person who made the decision to furnish a statement as mentioned in that sub-section—the day on which the statement was or is furnished, or the applicant was or is notified that the statement would not or will not be furnished, as the case may be, or the certificate day, whichever is the later; or (iii) in any other case—the certificate day.". PART XX—AMENDMENT OF THE SPIRITS ACT 1906 Principal Act 91. The Spirits Act 190619 is in this Part referred to as the Principal Act. Licences to make and sell methylated spirits 92. (1) Section 20 of the Principal Act is amended by adding at the end thereof the following sub-sections: "(2) An application may be made to the Administrative Appeals Tribunal for review of a decision of a Collector of Customs under sub-section (1). "(3) In sub-section (2), 'decision' has the same meaning as in the Administrative Appeals Tribunal Act 1975.". (2) The amendment made by sub-section (1) applies in relation to a decision of a Collector of Customs under section 20 of the Spirits Act 1906 given before or after the commencement of this section. PART XXI—AMENDMENTS OF THE TERTIARY EDUCATION COMMISSION ACT 1977 Principal Act 93. The Tertiary Education Commission Act 197720 is in this Part referred to as the Principal Act. Title 94. The title of the Principal Act is amended by omitting "Tertiary Education Commission" and substituting "Commonwealth Tertiary Education Commission". Short title 95. Section 1 of the Principal Act is amended by omitting "Tertiary Education Commission Act 1977" and substituting "Commonwealth Tertiary Education Commission Act 1977". Interpretation 96. Section 4 of the Principal Act is amended by omitting "Tertiary Education Commission" from the definition of "Commission" in sub-section (1) and substituting "Commonwealth Tertiary Education Commission". Commonwealth Tertiary Education Commission 97. Section 6 of the Principal Act is amended by omitting "Tertiary Education Commission" and substituting "Commonwealth Tertiary Education Commission". Functions of Commission 98. Section 7 of the Principal Act is amended— (a) by omitting sub-paragraph (1) (a) (i) and substituting the following sub-paragraph: "(i) matters in connexion with the grant by the Commonwealth of financial assistance to a State or the Northern Territory for and in respect of universities, colleges of advanced education and technical and further education institutions in the State or t