Statute Law (Miscellaneous Amendments) Act 1981 (Cth)

Statute Law (Miscellaneous Amendments) Act 1981 No. 176 of 1981 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 3. Principal Act 4. Establishment of Aboriginal Council 5. Powers of Aboriginal Council generally 6. Incorporation of Aboriginal association 7. Powers to borrow money and give securities PART III—AMENDMENTS OF THE AUDIT ACT 1901 8. Liability in respect of losses, &c. 9. Method of paying salary PART IV—AIR NAVIGATION (CHARGES) ACT 1974 10. Commencement of sections 3, 12 and 13 of Air Navigation Charges Act 1974 PART V—AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY EVIDENCE (TEMPORARY PROVISIONS) ACT 1971 11. Principal Act 12. Validation of provisions of Australian Capital Territory Evidence Ordinance TABLE OF PROVISIONS—continued PART VI—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 Section 13. Principal Act 14. Oath of allegiance and office by Judge 15. Insertion of new section 44a. Reserved judgments 16. Indictable offences 17. Insertion of new section 53a. Interest up to judgment PART VII—AMENDMENTS OF THE AUSTRALIAN OVERSEAS PROJECTS CORPORATION ACT 1978 18. Principal Act 19. Interpretation 20. Objects of Act 21. Functions of Corporation 22. Corporation not to engage in trade 23. Corporation not to compete against Australian private organizations or consortiums 24. Insertion of new section 8a. Corporation not to assist Australian authorities or public consortiums to compete against Australian private organizations or consortiums 25. Corporation not to act as prime contractor except with approval 26. Powers of Corporation 27. Repeal of section 43 and substitution of new section 43. Assessed net commercial risk PART VIII—AMENDMENTS OF THE BANKRUPTCY ACT 1966 28. Principal Act 29. Bankruptcy courts 30. Transitional provisions PART IX—AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918 31. Principal Act 32. Persons entitled to enrolment and to vote 33. Unenrolled members of Defence Force serving outside Australia 34. Qualifications of Members of House of Representatives 35. Questions to be put to voter PART X—AMENDMENT OF THE COMMONWEALTH FUNCTIONS (STATUTES REVIEW) ACT 1981 36. Principal Act 37. Proceedings and order on creditor's petition PART XI—AMENDMENTS OF THE DESIGNS AMENDMENT ACT 1981 38. Principal Act 39. Amendment of section 5 40. Amendments of section 11 41. Amendments of section 15 42. Amendment of section 22 43. Repeal and substitution of section 25 PART XII—AMENDMENT OF THE HEALTH ACTS AMENDMENT ACT 1981 44. Principal Act 45. Amendment of section 6 TABLE OF PROVISIONS—continued PART XIII—AMENDMENT OF THE MINERALS (SUBMERGED LANDS) ACT 1981 Section 46. Principal Act 47. Repeal of section 92 and substitution of new section— 92. Prosecution of offences PART XIV—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953 48. Principal Act 49. Change of rules, &c, by registered organizations PART XV—AMENDMENTS OF THE NATIONAL LABOUR CONSULTATIVE COUNCIL ACT 1977 50. Principal Act 51. Interpretation 52. Membership of Council 53. Substitute members PART XVI—AMENDMENT OF THE PETROLEUM PRODUCTS PRICING ACT 1981 54. Principal Act 55. Secrecy PART XVII—AMENDMENT OF THE PETROLEUM (SUBMERGED LANDS) AMENDMENT ACT 1980 56. Principal Act 57. Repeal and substitution of section 49 PART XVIII—AMENDMENTS OF THE TRADE UNION TRAINING AUTHORITY ACT 1975 Division 1—Principal Act 58. Principal Act Division 2—Amendments relating to the Australian Council 59. Constitution of Executive Board 60. Constitution of the Australian Council 61. Method of appointment of certain members 62. Deputy members of the Australian Council 63. Tenure of office 64. Termination of appointment Division 3—Amendments relating to State Councils 65. Constitution of State Councils 66. Deputy members of State Councils 67. Tenure of office of members of State Councils PART XIX—FURTHER AMENDMENTS 68. Further amendments PART XX—REPEAL OF ACTS 69. Repeal of Acts Statute Law (Miscellaneous Amendments) Act 1981 No. 176 of 1981 An Act to make various amendments of the statute law of the Commonwealth [Assented to 2 December 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 (Miscellaneous Amendments) Act 1981. Commencement 2. (1) Sections 1 and 2, Part IV and section 58 shall come into operation on the day on which this Act receives the Royal Assent. (2) Section 8 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of section 57 of the Audit Amendment Act 1979. (3) Section 9 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of Part VII of the Commonwealth Functions (Statutes Review) Act 1981. (4) Part VIII, Part XV, Division 2 of Part XVIII and Division 3 of Part XVIII shall come into operation on such respective dates as are fixed by Proclamation. (5) Part IX shall come into operation on a date to be fixed by Proclamation. (6) Part X shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of sub-section 125 (1) of the Commonwealth Functions (Statutes Review) Act 1981. (7) Part XI shall come into operation on the date fixed under sub-section 2 (3) of the Designs Amendment Act 1981. (8) Parts XII and XIV shall be deemed to have come into operation on 1 September 1981. (9) Part XIII shall come into operation on the date of commencement of the Minerals (Submerged Lands) Act 1981. (10) Part XVI shall be deemed to have come into operation on 26 June 1981. (11) Part XVII shall come into operation on the date of commencement of the Petroleum (Submerged Lands) Amendment Act 1980. (12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent. PART II—AMENDMENTS OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 Principal Act 3. The Aboriginal Councils and Associations Act 19761 is in this Part referred to as the Principal Act. Establishment of Aboriginal Council 4. Section 19 of the Principal Act is amended by omitting sub-paragraph (3) (d) (ii) and substituting the following sub-paragraph: "(ii) in any other case—mortage, charge or otherwise dispose of the estate or interest with the consent of the Minister; and". Powers of Aboriginal Council generally 5. Section 29 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: "(b) secure the repayment of moneys so raised or borrowed, or the payment of a debt or liability of the Council, by giving a mortgage, charge or other security upon or over— (i) with the consent of the Minister, an estate or interest in land held by the Council that is not a disposable estate or interest; or (ii) other property of the Council;". Incorporation of Aboriginal association 6. Section 46 of the Principal Act is amended by omitting sub-paragraph (1) (d) (ii) and substituting the following sub-paragraph: "(ii) in any other case—mortgage, charge or otherwise dispose of the estate or interest with the consent of the Minister; and". Powers to borrow money and give securities 7. Section 51 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: "(b) secure the repayment of money so raised or borrowed, or the payment of a debt or liability of the Association, by giving a mortgage, charge or other security upon or over— (i) with the consent of the Minister, an estate or interest in land held by the Association that is not a disposable estate or interest; or (ii) other property of the Association;". PART III—AMENDMENTS OF THE AUDIT ACT 1901 Liability in respect of losses, &c. 8. Section 70ab of the Audit Act 19012 is amended by omitting from paragraph (1) (c) "damage of" and substituting "damage to". Method of paying salary 9. Section 70ah of the Audit Act 1901 is amended by omitting from paragraph (c) of the definition of "Commonwealth employee" in sub-section (2) "regulations under" and substituting "section 42 of". PART IV—AIR NAVIGATION (CHARGES) ACT 1974 Commencement of sections 3, 12 and 13 of Air Navigation (Charges) Act 1974 10. Notwithstanding sub-section 2 (3) of the Air Navigation (Charges) Act 19743, sections 3, 12 and 13 of that Act shall be deemed to have come into operation on 25 February 1975. PART V—AMENDMENT OF THE AUSTRALIAN CAPITAL TERRITORY EVIDENCE (TEMPORARY PROVISIONS) ACT 1971 Principal Act 11. The Australian Capital Territory Evidence (Temporary Provisions) Act 19714 is in this Part referred to as the Principal Act. Validation of provisions of Australian Capital Territory Evidence Ordinance 12. Section 3 of the Principal Act is amended by adding at the end thereof the following sub-sections: "(2) Nothing in sub-section (1) prevents the amendment or repeal by an Ordinance under the Seat of Government (Administration) Act 1910 of the provisions continued in force by that sub-section. "(3) The Interpretation Ordinance 1967 of the Australian Capital Territory, as amended and in force from time to time, applies, and shall be deemed to have always applied, to the provisions continued in force by sub-section (1).". PART VI—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 Principal Act 13. The Australian Capital Territory Supreme Court Act 19335 is in this Part referred to as the Principal Act. Oath of allegiance and office by Judge 14. Section 10 of the Principal Act is amended by omitting "or some other person appointed by the Governor-General in that behalf," and substituting "another Judge of the Court, a Justice of the High Court or a Judge of the Federal Court of Australia". 15. After section 44 of the Principal Act the following section is inserted: Reserved judgments "44a. (1) Where any proceeding, after being fully heard before a Court constituted by not less than 3 Judges sitting together, is ordered to stand for judgment, it is not necessary that all the Judges before whom it was heard be present together in Court to declare their opinions on the matter to which the proceedings relate, but the opinion of any one of them may be reduced to writing and may be made public by any other of them at any subsequent sitting of the Court at which judgment in the proceeding is delivered. "(2) In any such case the question shall be decided in the same manner, and the judgment of the Court has the same force and effect, as if the Judge whose opinion is so made public had been present in court and had declared his opinion in person.". Indictable offences 16. (1) Section 53 of the Principal Act is amended by omitting from sub-sections (1) and (6) "Governor-General appoints in that behalf" and substituting "Attorney-General, by instrument in writing, appoints for the purposes of this sub-section". (2) Notwithstanding the amendments made by sub-section (1), an appointment by the Governor-General under sub-section 53 (1) or (6) of the Principal Act and in effect immediately before the commencement of this section continues in effect as if it were an appointment by the Attorney-General under that sub-section as amended by this Act. 17. (1) After section 53 of the Principal Act the following section is inserted: Interest up to judgment "53a. (1) In any proceedings for the recovery of any money (including any debt or damages or the value of any goods) the Supreme Court or the Judge shall, upon application, unless good cause is shown to the contrary, either— (a) order that there be included in the sum for which judgment is given interest at such rate as the Court or the Judge, as the case may be, thinks fit on the whole or any part of the money for the whole or any part of the period between the date when the cause of action arose and the date as of which the judgment is entered; or (b) without proceeding to calculate interest in accordance with paragraph (a), order that there be included in the sum for which judgment is given a lump sum in lieu of any such interest. "(2) Sub-section (1) does not— (a) authorize the giving of interest upon interest or of a sum in lieu of such interest; (b) apply in relation to any debt upon which interest is payable as of right whether by virtue of an agreement or otherwise; or (c) affect the damages recoverable for the dishonour of a bill of exchange. "(3) Where the sum for which judgment is given (in this sub-section referred to as the 'relevant sum') includes, or where the Court or the Judge in its or his absolute discretion determines that the relevant sum includes, any amount for— (a) compensation in respect of liabilities incurred which do not carry interest as against the person claiming interest or claiming a sum in lieu of interest; (b) compensation for loss or damage to be incurred or suffered after the date on which judgment is given; or (c) exemplary or punitive damages, interest, or a sum in lieu of interest, shall not be given under sub-section (1) in respect of any such amount or in respect of so much of the relevant sum as in the opinion of the Court or the Judge represents any such amount.". (2) The amendment made by sub-section (1) does not apply to proceedings instituted before the commencement of this section. PART VII—AMENDMENTS OF THE AUSTRALIAN OVERSEAS PROJECTS CORPORATION ACT 1978 Principal Act 18. The Australian Overseas Projects Corporation Act 19786 is in this Part referred to as the Principal Act. Interpretation 19. Section 3 of the Principal Act is amended— (a) by inserting after the definition of "approved bank" in sub-section (1) the following definition: " 'Australian authority' means an authority or body (including a body corporate and a corporation sole) — (a) established for a purpose of the Commonwealth by, or in accordance with the provisions of, a law of the Commonwealth or of the Australian Capital Territory; or (b) established for a purpose of a State by, or in accordance with the provisions of, a law of the State, and includes a Department of the Australian Public Service and a Department of the Public Service of a State, but does not include the Corporation;"; (b) by omitting from sub-section (1) the definitions of "Australian consortium" and "Australian private organization" and substituting the following definitions: " 'Australian organization' means— (a) an Australian private organization; (b) an Australian private consortium; (c) an Australian authority; or (d) an Australian public consortium; 'Australian private consortium' means an association of persons at least one of whom is an Australian private organization, but does not include a Corporation consortium; 'Australian private organization' means— (a) a natural person or a partnership; or (b) an Australian company, carrying on business in Australia; 'Australian public consortium' means an association of persons at least one of whom is an Australian authority, but does not include an Australian private consortium or a Corporation consortium;"; (c) by inserting after the definition of "Corporation" in sub-section (1) the following definition: " 'Corporation consortium' means an association consisting of the Corporation and— (a) an Australian private organization; (b) an Australian authority; or (c) 2 or more persons at least one of whom is an Australian private organization or an Australian authority;"; (d) by inserting after paragraph (a) of the definition of "development project" in sub-section (1) the following paragraph: "(aa) the provision of services;"; (e) by inserting after the definition of "Managing Director" in sub-section (1) the following definition: "'organization' includes a person, a partnership, a company, an authority and a consortium;"; and (f) by omitting from sub-section (1) the definition of "private organization" and substituting the following definition: "'State' includes the Northern Territory.". Objects of Act 20. Section 4 of the Principal Act is amended by omitting "Australian private organizations" and substituting "Australian organizations". Functions of Corporation 21. Section 6 of the Principal Act is amended— (a) by omitting from paragraph (1) (a) "Australian private organizations" and substituting "Australian organizations"; (b) by omitting paragraph (1) (b) and substituting the following paragraph: "(b) to assist Australian organizations to negotiate with, or at the request in writing of the Minister and subject to such conditions (if any) as are specified in the instrument of request to negotiate with, overseas Governments or organizations for the carrying out of overseas development projects by Australian organizations or by a Corporation consortium;"; (c) by omitting from paragraphs (1) (c) and (d) "Australian private organizations" and substituting "Australian organizations"; (d) by omitting from paragraph (2) (a) "an Australian private organization or an Australian consortium" and substituting "an Australian organization or a Corporation consortium"; and (e) by omitting paragraph (2) (b) and substituting the following paragraph: "(b) at the request of an Australian organization, join with that organization, or with that organization and other organizations (whether Australian organizations or not) in the formation of a Corporation consortium for the purpose of carrying out the whole, or a part, of an overseas development project.". Corporation not to engage in trade 22. Section 7 of the Principal Act is amended by omitting from paragraph (2) (b) "an Australian private organization or an Australian consortium" and substituting "an Australian organization or a Corporation consortium". Corporation not to compete against Australian private organizations or consortiums 23. Section 8 of the Principal Act is amended— (a) by inserting in sub-section (1) "or an Australian private consortium" after "Australian private organization"; (b) by omitting from sub-section (1) "an Australian consortium that includes the Corporation" and substituting "a Corporation consortium"; (c) by inserting in sub-section (2) "or an Australian private consortium" after "Australian private organization" (first occurring); (d) by omitting from paragraph (2) (a) "an Australian consortium" and substituting "a Corporation consortium"; (e) by omitting from paragraph (2) (b) ", authority"; (f) by inserting in sub-section (2) "or Australian private consortium" after "Australian private organization" (last occurring); and (g) by inserting in sub-section (3) "or an Australian private consortium" after "Australian private organization". 24. After section 8 of the Principal Act the following section is inserted: Corporation not to assist Australian authorities or public consortiums to compete against Australian private organizations or consortiums "8a. (1) Where the Corporation is aware that an Australian private organization or an Australian private consortium is able and willing to carry out an overseas development project or a part of an overseas development project, the Corporation shall not take any action that would result in that project or that part of the project being carried out, in whole or in part, by an Australian authority or by an Australian public consortium. "(2) Where the Corporation is aware that it would be possible to form a Corporation consortium, being a consortium in which an Australian private organization or Australian private organizations would be included, that would be able and willing to carry out an overseas development project or a part of an overseas development project, the Corporation shall not take any action that would result in that project or that part of the project being carried out, in whole or in part, by an Australian authority or by an Australian public consortium.". Corporation not to act as prime contractor except with approval 25. Section 9 of the Principal Act is amended— (a) by omitting from paragraph (1) (a) "Australian private organization" and substituting "Australian organization"; and (b) by inserting in sub-section (2) "or Australian private consortium" after "Australian private organization". Powers of Corporation 26. Section 10 of the Principal Act is amended by omitting from paragraph (b) "an Australian private organization or an Australian consortium that includes the Corporation" and substituting "an Australian organization or a Corporation consortium". 27. Section 43 of the Principal Act is repealed and the following section is substituted: Assessed net commercial risk "43. (1) In this section, 'assessed net commercial risk', in relation to the Corporation, means the maximum financial liability, as assessed by the Board, that the Corporation might be required to discharge in respect of contracts that have been, or are to be, entered into by the Corporation in connection with the performance of its functions. "(2) The Corporation shall carry on its business so that its assessed net commercial risk does not, at any time, exceed $250,000,000 or, if a higher amount is prescribed, that higher amount. "(3) The Board shall make an assessment under sub-section (1) of the assessed net commercial risk of the Corporation whenever it considers it necessary to do so for the purpose of ensuring compliance by the Corporation with sub-section (2) and, in any event, whenever it is considering a proposal, being a proposal likely to be approved by the Board, to— (a) carry out the whole, or a part, of an overseas development project, whether as principal or agent; (b) join with another person or other persons in the formation of an association for the purpose of carrying out the whole, or a part, of an overseas development project; or (c) assist, or further assist, an Australian organization to carry out an overseas development project. "(4) In making any assessment under this section of the maximum financial liability of the Corporation in respect of existing and proposed contracts, the Board shall— (a) act in accordance with generally accepted commercial practice; and (b) assess the likelihood of the Corporation being required to discharge liabilities under all such contracts and, if it considers that the Corporation is not likely to be required to discharge liabilities under all such contracts, make appropriate allowance accordingly.". PART VIII—AMENDMENTS OF THE BANKRUPTCY ACT 1966 Principal Act 28. The Bankruptcy Act 19667 is in this Part referred to as the Principal Act. Bankruptcy courts 29. Section 27 of the Principal Act is amended— (a) by omitting paragraph (1) (c) and substituting the following paragraph: "(c) the Supreme Court of the State of Victoria;"; and (b) by omitting paragraph (1) (e) and substituting the following paragraph: "(e) the Supreme Court of the State of South Australia;". Transitional provisions 30. (1) In this section— "former court" means the Court of Insolvency in and for the State of Victoria or the Court of Insolvency of the State of South Australia; "commencing day" means the day on which this Part comes into operation. (2) Where, immediately before the commencing day, proceedings instituted in a former court were uncompleted— (a) the proceedings are, by force of this Act, transferred to the Federal Court of Australia on the commencing day; (b) the Federal Court of Australia may hear, or further hear, the proceedings, if the hearing was not completed before the commencing day, and may determine the proceedings, and, for those purposes, a Judge exercising the jurisdiction of the Federal Court of Australia may have regard to any evidence or argument in the proceedings as proceedings in the former court; (c) all documents filed or lodged, or moneys lodged, in relation to the proceedings as proceedings in the former court shall be deemed to have been filed or lodged in relation to the proceedings as so transferred to the Federal Court of Australia; and (d) all things done in or in relation to the proceedings as proceedings in the former court shall be deemed to have been done in or in relation to the proceedings as proceedings in the Federal Court of Australia. (3) An order, direction or warrant made, given or issued by a former court or a Judge of a former court and in force immediately before the commencing day continues in force, and may be enforced, rescinded, varied, suspended or discharged, and proceedings for contempt of court may be had in relation to such an order or direction, as if the order, direction or warrant had been made, given or issued by the Federal Court of Australia or a Judge of that Court. (4) Where— (a) a bankruptcy notice issued under the Principal Act before the commencing day specified a former court as the court to the satisfaction of which payment of a sum could be secured by the judgment debtor; and (b) the time for compliance with the bankruptcy notice had not expired before the commencing day, the notice has effect on and after that day as if the Federal Court of Australia were the same court as the former court. (5) Where an order or a notice, summons or other document made or issued by or in relation to proceedings in a former court before the commencing day refers to the former court, the reference shall, for the purposes of the operation of the order or document on or after that day, and for the purposes of proceedings to which this section applies, be deemed to be a reference to the Federal Court of Australia. PART IX—AMENDMENTS OF THE COMMONWEALTH ELECTORAL ACT 1918 Principal Act 31. The Commonwealth Electoral Act 19188 is in this Part referred to as the Principal Act. Persons entitled to enrolment and to vote 32. Section 39 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph: "(b) who are— (i) Australian citizens; or (ii) British subjects (other than Australian citizens) who were electors on the date immediately before the date fixed under sub-section 2 (5) of the Statute Law (Miscellaneous Amendments) Act 1981,". Unenrolled members of Defence Force serving outside Australia 33. Section 39a of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph: "(c) is an Australian citizen,". Qualifications of Members of House of Representatives 34. Section 69 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph: "(b) He must be an Australian citizen;". Questions to be put to voter 35. Section 115 of the Principal Act is amended— (a) by omitting from sub-paragraph (1) (a) (iii) "and"; (b) by omitting sub-paragraph (1) (b) (v) and substituting the following sub-paragraph: "(v) Are you an Australian citizen?"; (c) by omitting from sub-paragraph (1) (b) (vi) "and"; (d) by inserting after paragraph (1) (b) the following paragraphs: "(ba) shall also put to any person who answered the question numbered (v) in the negative the following question:— (via) Are you a British subject? "(bb) shall also put to any person who answered the question numbered (via) in the affirmative the following question:— (vib) On (here state the date immediately before the date fixed under sub-section 2 (5) of the Statute Law (Miscellaneous Amendments) Act 1981), was your name on any electoral roll kept for the purposes of a House of Representatives election? and"; (e) by omitting from paragraph (2) (d) "(v),"; and (f) by inserting after paragraph (2) (d) the following word and paragraph: "; or (e) does not answer the question numbered (v) absolutely in the affirmative when put to him, or, if he answers that question in the negative, does not answer both the question numbered (via) and the question numbered (vib) absolutely in the affirmative when put to him,". PART X—AMENDMENT OF THE COMMONWEALTH FUNCTIONS (STATUTES REVIEW) ACT 1981 Principal Act 36. The Commonwealth Functions (Statutes Review) Act 19819 is in this Part referred to as the Principal Act. Proceedings and order on creditor's petition 37. Section 125 of the Principal Act is amended by inserting in paragraph (1) (a) "(last occurring)" after" 'may'". PART XI—AMENDMENTS OF THE DESIGNS AMENDMENT ACT 1981 Principal Act 38. The Designs Amendment Act 198110 is in this Part referred to as the Principal Act. Amendment of section 5 39. Section 5 of the Principal Act is amended by inserting the following definition after the definition of "design" in sub-section (1) of the new section 4 that is proposed to be substituted for section 4 of the Designs Act 1906: " 'legal personal representative', in relation to a deceased person, means a person to whom probate of the will of the deceased person, letters of administration of the estate of the deceased person or other like grant has been granted, whether in Australia or elsewhere, but does not include such a person who, by reason of the terms of the grant, is not entitled to do an act in relation to which the expression is used;". Amendments of section 11 40. Section 11 of the Principal Act is amended— (a) by adding at the end of the new section 20 that is proposed to be inserted in the Designs Act 1906 the following sub-sections: "(6) Where the owner of a design wishes to register the design in respect of more than one article, the owner shall make a separate application for registration of the design in respect of each article. "(7) For the purposes of sub-section (6), a set of articles shall be deemed to be one article."; and (b) by inserting after sub-section (1) of the new section 22b that is proposed to be inserted in the Designs Act 1906 the following sub-section: "(1a) An amendment under sub-section (1) shall not be made if, as a result of the amendment, the scope of the application for registration would be increased by the inclusion of matter that was not in substance disclosed in the application for registration as lodged.". Amendments of section 15 41. Section 15 of the Principal Act is amended— (a) by omitting from paragraph (3) (a) of the new section 27a that is proposed to be inserted in the Designs Act 1906 "at least one month"; (b) by omitting sub-section (14) of that new section and substituting the following sub-section: "(14) An application under sub-section (12) or (13) — (a) shall be made before the expiration of the period of registration of the design as extended under sub-section (8) or (12), as the case may be, or within such period after that expiration as is prescribed; and (b) shall be made in the manner prescribed for the purposes of sub-section (12) or (13), as the case may be."; (c) by omitting sub-sections (1) and (2) of the new section 27b that is proposed to be inserted in the Designs Act 1906 and substituting the following sub-sections: "(1) Where— (a) the registration of a design has ceased to be in force on the expiration of the period of registration or on the expiration of the period of registration as extended under sub-section 27a (8) or (12); and (b) no application for an extension of the period of registration or of the period of registration as so extended, as the case may be, has been made to the Registrar in accordance with sub-section 27a (3) or (14), as the case may be, then— (c) the owner of the design; (d) if the owner of the design has died—the legal personal representative of the owner of the des