Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 (Cth)

Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 No. 26 of 1982 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE ACTS INTERPRETATION ACT 1901 3. Principal Act 4. Regulations PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 5. Principal Act 6. Interpretation 7. Establishment of Tribunal 8. Repeal of section 6 and substitution of new section— 6. Appointment of members of Tribunal 9. Qualifications for appointment 10. Repeal of section 8 and substitution of new section— 8. Term of appointment 11. Repeal of section 9 and substitution of new section— 9. Remuneration and allowances 12. Acting appointments 13. Delegation 14. Insertion of new section— 10b. Oath or affirmation of office TABLE OF PROVISIONS—continued Section 15. Repeal of section 11 and substitution of new section— 11. Outside employment 16. Removal from office 17. Constitution of Tribunal for exercise of powers 18. Reconstitution of Tribunal in certain cases 19. Member presiding 20. Tribunal may review certain decisions 21. Tribunal may review decisions as provided by Schedule 1 22. Person affected by decision may obtain reasons for decision 23. Manner of applying for review 24. Parties to proceeding before Tribunal 25. Insertion of new section— 30a. Intervention by Attorney-General 26. Procedure of Tribunal 27. Conferences 28. Hearings to be in public except in special circumstances 29. Certain documents and information not required to be disclosed 30. Certain questions not required to be answered 31. Lodging of material documents with Tribunal 32. Operation and implementation of a decision that is subject to review 33. Review by Tribunal 34. Return of documents, &c., at completion of proceeding 35. Sending of documents to, and disclosure of documents by, the Federal Court of Australia 36. Insertion of new section— 62a. False or misleading evidence 37. Amendments with respect to Schedule 38. Schedule 2 39. Transitional provision with respect to existing members 40. References to members in other enactments PART IV—AMENDMENTS OF THE AGED PERSONS HOSTELS ACT 1972 41. Principal Act 42. Title 43. Short title 44. Interpretation 45. Approval of hostels 46. Amounts of grants 47. Grants for furnishings 48. Transfer of rights in respect of persons 49. Terms and conditions of grants 50. Period of operation 51. Further grants under Aged or Disabled Persons Homes Act PART V—AMENDMENTS OF THE ASHMORE AND CARTIER ISLANDS ACCEPTANCE ACT 1933 52. Principal Act 53. Tabling of Ordinances PART VI—AMENDMENTS OF THE AUDIT ACT 1901 54. Principal Act 55. Commonwealth Public Account 56. Delegation by Minister PART VII—AMENDMENTS OF THE AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 57. Principal Act 58. Tabling of Ordinances in Parliament TABLE OF PROVISIONS—continued Section PART VIII—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 59. Principal Act 60. Interpretation 61. Establishment of Supreme Court 62. Appointment and tenure of Judges 63. Acting Chief Justice 64. Arrangement of business of Court 65. Salary and allowances of Judges 66. Oath of allegiance and office by Judge 67. Rules of Court 68. Seal 69. Transitional provisions PART IX—AMENDMENT OF THE AUSTRALIAN SHIPPING COMMISSION ACT 1956 70. Principal Act 71. Schedule PART X—AMENDMENTS OF CERTAIN BOUNTY ACTS 72. Amendments of certain Bounty Acts PART XI—AMENDMENTS OF THE CENSUS AND STATISTICS AMENDMENT ACT (No. 2) 1981 73. Principal Act 74. Statistics 75. Australian Statistician PART XII—AMENDMENTS OF THE CHRISTMAS ISLAND ACT 1958 76. Principal Act 77. Tabling of Ordinances in Parliament PART XIII—AMENDMENTS OF THE COCOS (KEELING) ISLANDS ACT 1955 78. Principal Act 79. Laying of Ordinances before the Parliament PART XIV—AMENDMENTS OF THE COMMONWEALTH TEACHING SERVICE ACT 1972 80. Principal Act 81. Officers 82. Employees 83. Promotions Appeal Boards PART XV—AMENDMENTS OF THE COMPANIES ACT 1981 84. Principal Act 85. Insertion of new section— 16a. Investigation of certain matters 86. Cancellation or suspension of registration 87. Interpretation 88. Alterations of provisions of memorandum 89. Copies of memorandum and articles 90. Application by recognised company for registration under Division TABLE OF PROVISIONS—continued Section 91. Application by foreign company for registration under Division 92. Redeemable preference shares 93. Commission to be informed of special rights carried by, or division or conversion of, shares 94. Company financing dealings in its shares, & c. 95. Register of options 96. Company to keep register of substantial shareholders 97. Powers of Court with respect to defaulting substantial shareholder 98. Register of debenture holders and copies of trust deed 99. Branch registers 100. Obligations of borrowing corporation 101. Loss or destruction of certificates 102. Charges required to be registered 103. Company to keep documents relating to charges and register of charges 104. Registration under Instruments Ordinance 1933 105. Insertion of new section— 215a. Charges created before commencement of this Act 106. Register of directors' shareholdings, &c. 107. Register of directors, principal executive officers and secretaries 108. Statutory meeting and statutory report 109. Resolutions of exempt proprietary companies 110. Lodgment with the Commission, &c., of copies of certain resolutions and agreements 111. Inspection of minute books 112. Inspection and closing of register 113. Branch registers 114. Provisions for facilitating reconstruction and amalgamation of corporations 115. Functions of committee of management and appointment of deputy official manager 116. Liability as contributories of present and past members 117. Certain notices to be lodged with Commission 118. Effect of voluntary winding up 119. Liquidator's accounts 120. Member of committee not to accept extra benefit 121. Agents 122. Notice to be filed where documents, & c, altered 123. Service of documents on company 124. Address of registered office, principal office, &c. 125. Continuing offences 126. Power of Court to prohibit payment or transfer of moneys, securities or other property 127. Injunctions 128. Schedule 1 PART XVI—AMENDMENTS OF THE COMPANIES (ACQUISITION OF SHARES) ACT 1980 129. Principal Act 130. Provisions relating to acquisition and disposal of, and entitlement to, shares, and associated persons 131. Miscellaneous provisions relating to orders 132. Power of Commission to declare acquisition of shares or other conduct to be unacceptable 133. Insertion of new section— 60a. Power of Commission to make certain orders PART XVII—AMENDMENTS OF THE CONSULAR PRIVILEGES AND IMMUNITIES ACT 1972 134. Principal Act 135. Provision relating to exemption from customs duties PART XVIII—AMENDMENTS OF THE COPYRIGHT ACT 1968 136. Principal Act 137. Interpretation TABLE OF PROVISIONS—continued Section 138. Repeal of section 138 and substitution of new section— 138. Constitution of Tribunal 139. Repeal of section 140 and substitution of new section— 140. Qualifications of members 140. Tenure of office 141. Acting President 142. Repeal of section 143 and substitution of new section— 143. Remuneration and allowances 143. Removal from office for failure to disclose interest 144. Sittings of the Tribunal 145. President to arrange business of Tribunal PART XIX—AMENDMENTS OF THE CORAL SEA ISLANDS ACT 1969 146. Principal Act 147. Tabling of Ordinances PART XX-AMENDMENTS OF THE DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 1967 148. Principal Act 149. Limitation on exemption from customs duties PART XXI—AMENDMENTS OF THE ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 150. Principal Act 151. Orders to be notified and may be disallowed PART XXII—AMENDMENTS OF THE ENVIRONMENT PROTECTION (NUCLEAR CODES) ACT 1978 152. Principal Act 153. Codes of practice to be notified and may be disallowed PART XXIII—AMENDMENT OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 154. Principal Act 155. Rules of Court PART XXIV—AMENDMENTS OF THE HEARD ISLAND AND MCDONALD ISLANDS ACT 1953 156. Principal Act 157. Laying of Ordinances before the Parliament PART XXV—AMENDMENT OF THE IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 158. Principal Act 159 Restrictions on disembarking from certain vessels PART XXVI—AMENDMENT OF THE JUDICIARY ACT 1903 160. Principal Act 161. Repeal of section 87 and substitution of new section— 87. Application of sections 48, 49 and 50 of the Acts Interpretation Act 1901 TABLE OF PROVISIONS—continued Section PART XXVII—AMENDMENT OF THE MINERALS (SUBMERGED LANDS) (REGISTRATION FEES) ACT 1981 162. Principal Act 163. Imposition of registration fees PART XXVIII—AMENDMENTS OF THE NORFOLK ISLAND ACT 1979 164. Principal Act 165. Laying of certain Ordinances before the Parliament PART XXIX—AMENDMENT OF THE NURSING HOMES ASSISTANCE ACT 1974 166. Principal Act 167. Moneys from which payments under this Act to be made PART XXX—AMENDMENTS OF THE PARLIAMENTARY ALLOWANCES ACT 1952 168. Principal Act 169. Allowances to Senators 170. Allowances to members of the House of Representatives 171. Allowances to President, Speaker and Chairman of Committees 172. Repeal PART XXXI—AMENDMENTS OF THE PATENTS ACT 1952 173. Principal Act 174. Interpretation 175. References to prescribed court 176. Crown to be bound 177. Priority date of complete specification 178. Voluntary division of patents 179. Repeal of section 113 and substitution of new section— 113. Infringement action may be instituted in a prescribed court 180. Declaration as to non-infringement 181. Groundless threats of legal proceedings 182. Repeal of section 132 and substitution of new section— 132. Interpretation 183. Insertion of new section— 135a. Regulations with respect to the professional conduct of patent attorneys 184. Jurisdiction of prescribed courts 185. Transfer of proceedings 186. Appeals 187. Application for review 188. Fees 189. Regulations 190. Formal amendments 191. Transitional 192. Compensation PART XXXII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1952 193. Principal Act 194. Determination of matters by reference to other instruments 195. Regulations 196. Amendment of Schedule 3 TABLE OF PROVISIONS—continued Section PART XXXIII—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1973 197. Principal Act 198. Salaries and allowances of certain office holders 199. Travelling allowances payable to holders of certain offices 200. Schedule PART XXXIV—AMENDMENTS OF THE ROYAL COMMISSIONS ACT 1902 201. Principal Act 202. Repeal of section 6dd and substitution of new section— 6dd. Statements made by witness not admissible in evidence against him 203. Insertion of new sections— 7a. Effect of Royal Commissioner having authority to inquire under foreign law 7b. Commission may take evidence outside Australia 7c. Statements made by witness not admissible in evidence against him 204. Evidence of issue of Commission, &c. PART XXXV—AMENDMENTS OF THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910 205. Principal Act 206. Ordinances PART XXXVI—AMENDMENTS OF THE SECURITIES INDUSTRY ACT 1980 207. Principal Act 208. Interpretation 209. Disclosure to Commission 210. Power of Court to make certain orders 211. Use by dealer of clients' moneys 212. Power of Court to restrain dealings with dealer's bank accounts 213. Power of Court to prohibit payment or transfer of moneys, securities or other property PART XXXVII—AMENDMENT OF THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT 1981 214. Principal Act 215. Persons entitled to enrolment and to vote PART XXXVIII—AMENDMENTS OF THE STATUTE LAW REVISION ACT 1981 216. Principal Act 217. Schedule 1 PART XXXIX—AMENDMENTS OF THE STUDENT ASSISTANCE ACT 1973 218. Principal Act 219. Title of Principal Act 220. Benefits provided under this Act 221. Interpretation 222. Repeal of Part II 223. Grant of Tertiary Education Assistance 224. Benefit under Tertiary Education Assistance Grants 225. Repeal of sections 12 and 13 226. Grant of Post-graduate Awards 227. Benefit under Post-graduate Awards 228. Repeal of section 16 TABLE OF PROVISIONS—continued Section 229. Repeal of section 19 and substitution of new section— 19. Remuneration and allowances 230. Termination of appointment 231. Repeal of section 21 and substitution of new section— 21. Resignation 232. Request for review by Tribunal 233. Insertion of new sections— 25a. Constitution of Tribunal 25b. Disclosure of interests by members 234. Powers of Tribunal with respect to decision under review 235. Procedure of Tribunal to be informal, &c. 236. Repeal of section 29 and substitution of new sections— 29. Hearings to be in public except in special circumstances 29a. Opportunity to make submissions concerning evidence 237. Insertion of new section— 30a. Request for reconsideration or review may be made on behalf of person SCHEDULE 1 Amendments of certain Bounty Acts SCHEDULE 2 Amendments of certain other Bounty Acts SCHEDULE 3 Formal Amendments of the Patents Act 1952 Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 No. 26 of 1982 An Act to make various amendments of the statute law of the Commonwealth [Assented to 7 May 1982] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982. Commencement 2. (1) Sections 1 and 2 and Parts VIII and XXXIV shall come into operation on the day on which this Act receives the Royal Assent. (2) Part IX shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Environment Protection (Sea Dumping) Act 1981. (3) Part XI shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of the Census and Statistics Amendment Act (No. 2) 1981. (4) Section 83 shall be deemed to have come into operation on 10 August 1981. (5) Part XV shall come into operation on the day on which the Companies Act 1981 comes into operation. (6) Part XXVII shall come into operation on the day on which the Companies Act 1981 comes into operation or the day on which the Minerals (Submerged Lands) (Registration Fees) Act 1981 comes into operation, whichever is later. (7) Section 177 and sub-section 191 (1) shall be deemed to have come into operation immediately after the commencement of section 17 of the Patents Amendment Act 1979. (8) The provisions of section 191 (other than sub-section 191 (1)) shall come into operation on a date to be fixed by Proclamation. (9) Section 196 shall come into operation on a date to be fixed by Proclamation. (10) Part XXXVII shall come into operation on the date fixed under sub-section 2 (5) of the Statute Law (Miscellaneous Amendments) Act 1981. (11) Section 217 shall be deemed to have come into operation on 12 June 1981. (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 ACTS INTERPRETATION ACT 1901 Principal Act 3. The Acts Interpretation Act 19011 is in this Part referred to as the Principal Act. Regulations 4. Section 48 of the Principal Act is amended— (a) by omitting paragraph (5a) (a) and substituting the following paragraph: "(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and"; (b) by inserting in sub-section (5a) "first-mentioned" before "House" (third and fourth occurring); and (c) by omitting sub-section (6) and substituting the following sub-sections: "(6) Where a regulation is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (3), the disallowance of the regulation or the operation of sub-section (3) in relation to the regulation, as the case may be, has the same effect as a repeal of the regulation. "(7) Where— (a) a regulation (in this sub-section referred to as the 'relevant regulation') is disallowed, or is deemed to have been disallowed, under this section or becomes void and of no effect by virtue of the operation of sub-section (3); and (b) the relevant regulation repealed, in whole or in part, another regulation that was in force immediately before the relevant regulation came into operation, the disallowance of the relevant regulation or the operation of sub-section (3) in relation to the relevant regulation, as the case may be, has the effect of reviving that other regulation from and including the date of the disallowance or the date on which the relevant regulation became void and of no effect by virtue of that operation of sub-section (3), as the case may be, as if the relevant regulation had not been made.". PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 Principal Act 5. The Administrative Appeals Tribunal Act 19751 is in this Part referred to as the Principal Act. Interpretation 6. Section 3 of the Principal Act is amended— (a) by omitting from sub-section (1) the definition of "Deputy President" and substituting the following definition: " 'Deputy President' means a member appointed as a Deputy President of the Tribunal after the commencement of Part III of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982;"; (b) by omitting from paragraph (a) of the definition of "Judge" in sub-section (1) "or of a court of a State"; (c) by omitting from sub-section (1) the definition of "member" and substituting the following definition: " 'member' means a presidential member, a senior member, or any other member of the Tribunal;"; (d) by omitting from sub-section (1) the definition of "presidential member" and substituting the following definition: " 'presidential member' means the President, a member who is a Judge or a Deputy President;"; (e) by omitting from sub-section (1) the definition of "senior non-presidential member" and substituting the following definition: " 'senior member' means a senior member of the Tribunal;"; and (f) by omitting sub-section (4) and substituting the following sub-section: "(4) For the purposes of a reference in this Act to the furnishing to a person of a document or statement, or the service on or giving to a person of a notice or other notification— (a) a document or statement shall be deemed to be furnished to a person, or a notice or other notification shall be deemed to be served on or given to a person, as the case may be, if it is posted to the person by a pre-paid letter— (i) where the document, statement or notice or other notification relates to a proceeding and the person has furnished an address at which documents in relation to the proceeding may be served—to that address; or (ii) where sub-paragraph (i) does not apply— (a) in the case of a person not being a company—to the address of the place of residence or business of the person last known to the person posting the document, statement or notice or other notification; or (b) in the case of a company—to the address of the registered office of the company; and (b) a document or statement so posted shall be deemed to have been furnished, and a notice or other notification so posted shall be deemed to have been served or given, unless the contrary is proved, at the time when the document, statement or notice or other notification would have been delivered in the ordinary course of post.". Establishment of Tribunal 7. (1) Section 5 of the Principal Act is amended by omitting all the words after "number" and substituting "of other members as are appointed in accordance with this Act". (2) The amendment of section 5 of the Principal Act made by sub-section (1) does not affect the continuance in existence of the Administrative Appeals Tribunal in existence immediately before the commencement of this Part. 8. Section 6 of the Principal Act is repealed and the following section is substituted: Appointment of members of Tribunal "6. (1) The members shall be appointed by the Governor-General. "(2) A Judge who is to be appointed as a member (other than the President) of the Tribunal shall be appointed as a presidential member. "(3) A person (other than a Judge) who is to be appointed as a member of the Tribunal shall be appointed as a Deputy President of the Tribunal, as a senior member of the Tribunal, or as a member of the Tribunal. "(4) A member (other than a Judge) shall be appointed either as a full-time member or as a part-time member.". Qualifications for appointment 9. Section 7 of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-sections: "(1) A person shall not be appointed as the President unless he is a Judge of the Federal Court of Australia. "(1a) A person shall not be appointed as a Deputy President unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years. "(1b) A person shall not be appointed as a senior member unless he— (a) is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years; or (b) has, in the opinion of the Governor-General, special knowledge or skill relevant to the duties of a senior member."; (b) by inserting in sub-section (2) "(other than a senior member)" after "non-presidential member" (first occurring); and (c) by omitting from paragraph (2) (c) "a non-presidential member" and substituting "such a member". 10. Section 8 of the Principal Act is repealed and the following section is substituted: Term of appointment "8. (1) Subject to this Part— (a) a presidential member who is a Judge, or a Deputy President who was appointed as a full-time member, holds office until he attains the age of 70 years; (b) a senior member who was appointed as a full-time member holds office until he attains the age of 65 years; and (c) a Deputy President who was appointed as a part-time member, or a non-presidential member (other than such a member to whom paragraph (b) applies), holds office for such period, not exceeding 7 years, as is specified in the instrument of his appointment but is eligible for re-appointment. "(2) Where a member who is a Judge ceases to be a Judge, he ceases to hold office as a member. "(3) A person who has attained the age of 70 years shall not be appointed or re-appointed as a full-time member to an office of Deputy President. "(4) A Judge who has attained the age of 70 years shall not be appointed or re-appointed as a member. "(5) A person who has attained the age of 65 years shall not be appointed or re-appointed as a full-time member to an office of senior member or to an office of member, and a person shall not be appointed or re-appointed as a full-time member to an office of member for a period that extends beyond the date on which he will attain the age of 65 years. "(6) Subject to this Part, a member holds office on such terms and conditions as are prescribed.". 11. Section 9 of the Principal Act is repealed and the following section is substituted: Remuneration and allowances "9. (1) A member, other than a member who is a Judge, shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, he shall be paid such remuneration as is prescribed. "(2) A member to whom sub-section (1) applies shall be paid such allowances as are prescribed. "(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.". Acting appointments 12. Section 10 of the Principal Act is amended— (a) by omitting from sub-section (1) "The Minister may appoint a Deputy President" and substituting "The Governor-General may appoint a Judge of the Federal Court of Australia"; (b) by omitting sub-section (2) and substituting the following sub-section: "(2) Where a Deputy President is, or is expected to be, absent from duty or from Australia, the Governor-General may appoint a person qualified to be appointed as a Deputy President to act as a Deputy President during the absence."; (c) by omitting from sub-section (3) "qualified to be appointed as a non-presidential member"; (d) by omitting sub-section (4) and substituting the following sub-section: "(4) A person shall not be appointed under sub-section (3) to act as a senior member, or as a non-presidential member other than a senior member, unless the person is qualified to be appointed as a senior member or as such a non-presidential member, as the case requires."; (e) by omitting from sub-section (7) "as President,"; (f) by omitting sub-section (8); (g) by inserting in sub-section (9) "as President," after "acting" (first occurring); and (h) by omitting sub-section (10) and substituting the following sub-section: "(10) A person acting as the President, as a Deputy President, as a senior member or as a non-presidential member other than a senior member in accordance with this section has and may exercise all the powers, and shall perform all the functions and duties, conferred or imposed by this Act on the President, on a Deputy President, on a senior member or on a non-presidential member other than a senior member, as the case may be, and, for the purposes of the exercise of those powers, or the performance of those functions and duties, this Act has effect as if a reference to the President, to a Deputy President, to a senior member or to a non-presidential member other than a senior member included a reference to a person acting as the President, as a Deputy President, as a senior member, or as a non-presidential member other than a senior member, as the case may be.". Delegation 13. Section 10a of the Principal Act is amended— (a) by omitting sub-section (1) and substituting the following sub-section: "(1) The President may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a member all or any of his powers under this Act, other than this power of delegation."; and (b) by omitting sub-section (3) and substituting the following sub-section: "(3) A delegation may be made to a member under this section notwithstanding that a delegation to another member is, or delegations to other members are, in force under this section.". 14. After section 10a of the Principal Act the following section is inserted: Oath or affirmation of office "10b. A person who is appointed or re-appointed after the commencement of this section as a member shall, before proceeding to discharge the duties of his office, take before the Governor-General, a Justice of the High Court or a Judge of another federal court or of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in Schedule 2.". 15. Section 11 of the Principal Act is repealed and the following section is substituted: Outside employment "11. (1) Subject to sub-section (2), a full-time member shall not, except with the consent of the Minister, engage in paid employment outside the duties of his office. "(2) Sub-section (1) does not apply in relation to the holding by a full-time member of an office or appointment in the Defence Force.". Removal from office 16. Section 13 of the Principal Act is amended by adding at the end thereof the following sub-section: "(11) A reference in sub-sections (1), (7) and (10) to a member does not include a reference to a member who is a Judge.". Constitution of Tribunal for exercise of powers 17. Section 21 of the Principal Act is amended— (a) by inserting in sub-section (1) "and to any other provision made in this Act or in any other enactment with respect to the constitution of the Tribunal in relation to particular proceedings" after "sub-section (1a)"; (b) by omitting paragraph (1) (a) and substituting the following paragraphs: "(aa) a presidential member who is a Judge and 2 other members (not being Judges); (a) a Deputy President and 2 non-presidential members;"; (c) by omitting from paragraph (1) (c) "senior non-presidential member" and substituting "senior member"; (d) by omitting from paragraph (1) (d) "senior"; (e) by inserting in sub-section (1a) "or 30 (1a)" after "(9)"; (f) by inserting in sub-section (1a) ", (1c)" after "(la)"; (g) by inserting at the end of sub-paragraph (1a) (a) (i) "or by a senior member authorized by the President, in accordance with this section, for the purposes of this sub-paragraph"; (h) by inserting at the end of sub-paragraph (1a) (a) (iii) "or"; (j) by omitting from paragraph (1a) (b) "or"; (k) by omitting paragraph (1a) (c);and (m) by adding at the end thereof the following sub-sections: "(3) For the purposes of sub-paragraph (1a) (a) (i), the President may authorize a senior member to exercise, either generally or in relation to a particular proceeding or particular proceedings or to proceedings included within a class or classes of proceedings, any or all of the powers of the Tribunal referred to in sub-section (1a). "(4) The President may at any time vary or revoke an authorization under sub-section (3).". Reconstitution of Tribunal in certain cases 18. Section 21a of the Principal Act is amended— (a) by inserting in sub-section (1) "(a)," before "(b)"; (b) by inserting before paragraph (3) (a) the following paragraph: "(aa) in the case of a proceeding before the Tribunal constituted in accordance with paragraph 21 (1) (a)—the Tribunal is constituted in accordance with paragraph 21 (1) (aa);"; (c) by omitting from paragraph (3) (a) "21 (1) (a)" and substituting "21 (1) (aa) or (a)"; and (d) by omitting from paragraph (3) (b) "(21 (1) (a), (b) or (c)" and substituting "21 (1) (aa), (a), (b) or (c)". Member presiding 19. Section 22 of the Principal Act is amended— (a) by inserting after paragraph (1) (a) the following paragraph: "(aa) if the President is not a member of the Tribunal as so constituted, but a presidential member who is a Judge is a member of the Tribunal as so constituted—that presidential member shall preside; (b) by omitting from paragraph (1) (b) "if the President is not a member of the Tribunal as so constituted" and substituting "if a presidential member who is a Judge is not a member of the Tribunal as so constituted"; and (c) by omitting from paragraph (1) (c) "senior non-presidential member" (wherever occurring) and "senior non-presidential members" (wherever occurring) and substituting "senior member" and "senior members" respectively. Tribunal may review certain decisions 20. Section 25 of the Principal Act is amended— (a) by omitting from sub-section (5) "For the purposes of this section, a failure by a person to do an act or thing within the period prescribed by an enactment" an