Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 (Cth)

Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 No. 72 of 1984 An Act to make various amendments of the statute law of the Commonwealth, and for related purposes [Assented to 25 June 1984] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984. Commencement 2. (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent. (2) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent. (3) The amendments of the Aboriginal Land Rights (Northern Territory) Act 1976 made by this Act shall come into operation on the day on which this Act receives the Royal Assent. (4) The amendment of the Australian Shipping Commission Act 1956 made by this Act shall be deemed to have come into operation on 19 January 1984. (5) The amendments of the Commonwealth Inscribed Stock Act 1911 made by this Act shall come into operation on a day to be fixed by Proclamation. (6) The amendment of sub-section 4 (1) of the Community Employment Act 1983 made by this Act shall be deemed to have come into operation on 24 June 1983. (7) The amendments of the definition of "Australian installation" in sub-section 4 (1) and of paragraph 161a (3) (c) of the Customs Act 1901 made by this Act shall be deemed to have come into operation on 1 January 1983. (8) If the twenty-eighth day after the day on which this Act receives the Royal Assent is an earlier day than the day on which section 22 of the Customs and Excise Amendment Act 1982 comes into operation, the amendment of section 96a of the Customs Act 1901 made by this Act shall come into operation on the last-mentioned day. (9) If the twenty-eighth day after the day on which this Act receives the Royal Assent is an earlier day than the day on which section 25 of the Customs and Excise Amendment Act 1982 comes into operation, the amendments of sections 111, 111a and 111d of the Customs Act 1901 made by this Act and the amendment of that Act inserting section 273gab made by this Act shall come into operation on the last-mentioned day. (10) The amendments of the Customs and Excise Amendment Act 1982 made by this Act shall be deemed to have come into operation on 23 September 1982. (11) The amendments of the Distillation Act 1901 made by this Act shall come into operation on a day to be fixed by Proclamation. (12) The amendments of the Family Law Act 1975 made by this Act shall— (a) in the case of the amendment of section 37a of that Act—come into operation, or be deemed to have come into operation, as the case requires, on the commencement of Part III of the Family Law Amendment Act 1983; and (b) in the case of the amendments of sections 44 and 87 of that Act—be deemed to have come into operation on 25 November 1983; and (c) in the case of the other amendments of that Act—come into operation on a day to be fixed by Proclamation. (13) The amendment of the Industries Assistance Commission Act 1973 made by this Act shall be deemed to have come into operation on 1 December 1983. (14) The amendment of the Insurance Amendment Act 1983 made by this Act shall be deemed to have come into operation on 19 January 1984. (15) The amendments of section 44 of the Judiciary Act 1903 made by this Act shall come into operation on 1 June 1984 or the day on which this Act receives the Royal Assent, whichever is the later. (16) The amendments of paragraphs 283d (1) (a) and 283e (1) (a) and sub-section 283j (1) of the Navigation Act 1912 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of section 76 of the Navigation Amendment Act 1980. (17) The amendment of the Postal and Telecommunications Amendment Act 1983 made by this Act shall be deemed to have come into operation on 22 December 1983. (18) The amendment of the Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1983 made by this Act shall come into operation, or be deemed to have come into operation, as the case requires, on the commencement of that Act. (19) The amendments of the Sex Discrimination Act 1984 made by this Act shall come into operation on the commencement of that Act. (20) The amendments of the Spirits Act 1906 made by this Act shall come into operation on a day to be fixed by Proclamation. (21) The amendment of the States Grants (Education Assistance—Participation and Equity) Act 1983 made by this Act shall be deemed to have come into operation on 21 December 1983. (22) The amendment of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 made by this Act shall be deemed to have come into operation on 4 June 1982. (23) Section 6 and the amendments of the Student Assistance Act 1973 made by this Act shall come into operation on a day to be fixed by Proclamation. (24) Where, under this section, an amendment of an Act comes into operation, or is deemed to have come into operation, on a day (in this sub-section referred to as the "commencement day") other than the twenty-eighth day after the day on which this Act receives the Royal Assent, then sections 3 and 5, in so far as they apply in relation to that amendment, shall come into operation, or be deemed to have come into operation, as the case may be, on the commencement day. Amendment of Acts 3. The Acts specified in the Schedule are amended as set out in the Schedule. Repeal 4. The Hide and Leather Industries Legislation Repeal Act 1955 is repealed. Transitional and savings 5. (1) Except as provided by section 6, where this Act— (a) amends a provision of an Act; or (b) repeals and re-enacts (with or without modifications) a provision of an Act, any act done or decision made under or in pursuance of the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under or in pursuance of the provision as so amended or re-enacted. (2) Notwithstanding the amendments of sections 133, 273ga and 273h of the Customs Act 1901 made by this Act and the amendment of that Act inserting section 273j made by this Act, sections 133, 273ga and 273h of that Act apply in relation to any application made to the Administrative Appeals Tribunal before the day on which those amendments come into operation, or any matter or thing arising out of, or any proceeding incidental to or connected with, any such application, as if those amendments had not been made. (3) Regulations made for the purposes of paragraph 4 (2) (d) of the Defence Service Homes Act 1918 as in force immediately before the commencement of the amendments of that Act made by this Act shall, after that commencement, continue in force as if made for the purposes of paragraph 4 (2) (b) of that Act as so amended. (4) All instruments made before the commencement of the amendments made by this Act to the Excise Tariff Act 1921 that purported to be Departmental By-laws within the meaning of the definition of "Departmental By-law" in the Schedule to that Act as in force before that commencement shall be deemed to have been Departmental By-laws lawfully made. (5) Notwithstanding the amendment made by this Act to the Schedule to the Excise Tariff Act 1921, all Departmental By-laws, within the meaning of the definition of "Departmental By-law" in that Schedule as in force before the commencement of that amendment, that were in force immediately before that commencement, continue in force as if they were Departmental By-laws made under Part XV of the Excise Act 1901 as amended by this Act. (6) The amendment of section 24 of the Federal Court of Australia Act 1976 made by this Act applies in relation to judgments given or pronounced before the date of commencement of the amendment but does not affect the hearing and determination of an appeal instituted before that date. (7) Section 105aaa of the National Health Act 1953 as enacted by this Act does not apply in relation to a decision made before the enactment of that section. Operation of Student Assistance Act, &c. 6. (1) Notwithstanding the amendments made by this Act, Part V of the Principal Act continues to operate in relation to a decision made by an authorized person before the commencing day if a request for the reconsideration of the decision was made under section 22 of the Principal Act before the commencing day. (2) Part V of the Student Assistance Act 1973 as amended by this Act applies in relation to— (a) a decision made by an authorized person before the commencing day, if a request for the reconsideration of the decision had not been made before the commencing day; and (b) a decision made by an authorized person on or after the commencing day. (3) Nothing in this Act shall be taken to have affected the appointment, as an authorized person under section 6 of the Principal Act, of a person who, immediately before the commencing day, was an officer or employee within the meaning of the Public Service Act 1922. (4) Where, immediately before the commencing day, a person held an office of Chairman of a Tribunal— (a) that person shall, on and after the commencing day, hold the office of Chairperson of that Tribunal on the same terms and conditions as the person held that office of Chairman; and (b) the period of appointment of the person as Chairperson of the Tribunal shall, subject to the Student Assistance Act 1973, expire on the day on which the period of appointment of the person as Chairman would have expired. (5) Any act done or decision made, before the commencing day, by a person in the capacity of Chairman of a Tribunal shall, for the purposes of the Student Assistance Act 1973, be taken to have been done or made by the Chairperson of the Tribunal. (6) In this section— "commencing day" means the day on which the amendments made by this Act to the Student Assistance Act 1973 come into operation; "Principal Act" means the Student Assistance Act 1973 as amended and in force immediately before the commencing day. –––––––––– SCHEDULE Section 3 AMENDMENTS OF ACTS Aboriginal Land Rights (Northern Territory) Act 1976 Sub-section 3 (1), definition of "Commissioner"— Omit the definition, substitute the following definition: "'Commissioner' means an Aboriginal Land Commissioner holding office under Part V;". Sub-section 3 (1), definition of "Judge"— Omit the definition: Paragraph 11 (1) (a)— Omit "the Commissioner", substitute "a Commissioner". Sub-sections 11 (1aa), (1ab), (1ad) and (2)— Omit "the Commissioner", substitute "a Commissioner". Section 33— Omit "10 per centum", substitute "10%". Sub-section 34 (3)— Omit "20 per centum", substitute "20%". Heading to Part V— Omit the heading, substitute the following heading: "PART V—ABORIGINAL LAND COMMISSIONERS". Section 49— Omit "an Aboriginal Land Commissioner", substitute "such number of Aboriginal Land Commissioners as the Minister determines". Sub-section 50 (1)— Omit "the Commissioner" (first occurring), substitute "a Commissioner". Sub-section 50 (2)— Omit "The Commissioner", substitute "A Commissioner". Sub-sections 50 (3) and (4)— Omit "the Commissioner", substitute "a Commissioner". Section 51— Omit "The Commissioner", substitute "A Commissioner". Sub-section 52 (1)— Omit "The Commissioner", substitute "A Commissioner". SCHEDULE—continued Sub-section 52 (2)— Omit "the Commissioner", substitute "a Commissioner". Sub-section 52 (3)— Omit "as Commissioner" (wherever occurring), substitute "as a Commissioner". Section 53— Add at the end thereof the following sub-section: "(4) In this section, 'Judge of the Supreme Court of the Northern Territory' includes a person appointed as an additional Judge, or a person acting as a Judge, of the Supreme Court of the Northern Territory.". Sub-sections 53 (1) and (3)— Omit "as Commissioner" (wherever occurring), substitute "as a Commissioner". Sub-section 53 (2)— Omit "as Commissioner if he ceases to be", substitute "as a Commissioner if he is no longer". Section 53a— (a) Omit "The Commissioner", substitute "A Commissioner". (b) Omit "as Commissioner", substitute "as a Commissioner". Sub-sections 54 (1), (2) and (5)— Omit "The Commissioner", substitute "A Commissioner". Sub-section 54 (4)— Omit "the Commissioner", substitute "a Commissioner". Paragraph 54 (6) (a)— Omit "the Commissioner", substitute "a Commissioner". Sub-section 54a (1)— Omit "the Commissioner" (first occurring), substitute "a Commissioner". Sub-section 54a (2)— Omit "the Commissioner", substitute "a Commissioner". Paragraph 54b (a)— Omit "the Commissioner", substitute "a Commissioner". Paragraph 54b (b)— Omit "the Commissioner" (first occurring), substitute "a Commissioner". Paragraph 54c (1) (a)— Omit "the Commissioner", substitute "a Commissioner". Section 55— Omit "The Commissioner", substitute "A Commissioner". Section 56— Omit "the Commissioner", substitute "a Commissioner". SCHEDULE—continued Section 57— Add at the end thereof the following sub-section: "(7) A reference in sub-section (4) to a Judge is a reference to— (a) a Judge of the Supreme Court of the Northern Territory or a person appointed as an additional Judge, or a person acting as a Judge, of that Court; or (b) a Judge, or a person acting as a Judge, of a court created by Parliament.". Sub-section 57 (1)— (a) Omit "the office", substitute "an office". (b) Omit "as Commissioner", substitute "as a Commissioner". Sub-section 57 (2)— (a) Omit "the Commissioner" (first occurring), substitute "a Commissioner". (b) Omit "as Commissioner", substitute "as a Commissioner". Sub-section 57 (3)— (a) Omit "as Commissioner", substitute "as a Commissioner". (b) Add at the end thereof "in whose place he is appointed to act". Sub-section 57 (4)— Omit "the Commissioner", substitute "a Commissioner". Paragraph 57 (5) (a)— Omit "the Commissioner", substitute "a Commissioner". Section 58— Omit "The Commissioner", substitute "A Commissioner". Section 59— Omit "the Commissioner", substitute "a Commissioner". Sub-section 60 (1)— Omit "The Commissioner", substitute "A Commissioner". Sub-section 61 (1)— Omit "The Commissioner", substitute "Each Commissioner". Sub-section 61 (2)— Omit "The Commissioner", substitute "A Commissioner". Sub-section 64 (1)— Omit "40 per centum", substitute "40%". Sub-section 64 (2)— Omit "50 per centum", substitute "50%". Sub-section 64 (3)— Omit "30 per centum", substitute "30%". Paragraph 74a (1) (b)— Omit "the Commissioner", substitute "a Commissioner". SCHEDULE—continued Acts Interpretation Act 1901 Section 34a— Omit "that Act", substitute "that or any other Act". Administrative Appeals Tribunal Act 1975 Sections 16, 17 and 18— Repeal the sections, substitute the following section: Application of Judges' Pensions Act "16. (1) Subject to this section, the Judges' Pensions Act 1968 has effect as if a presidential member were a Judge for the purposes of that Act. "(2) Subject to sub-section (3), the Judges' Pensions Act 1968 does not apply to a presidential member if, immediately before his appointment as a presidential member, he was an eligible employee for the purposes of the Superannuation Act 1976. "(3) If a presidential member was, immediately before his appointment as a presidential member, an eligible employee for the purposes of the Superannuation Act 1976, and he elects, within 3 months after his appointment as a presidential member, by notice in writing to the Minister, to cease to be an eligible employee for the purposes of that Act, sub-section (2) does not apply, and shall be deemed not to have applied, to him and he shall be deemed to have ceased to be such an eligible employee immediately before his appointment as a presidential member. "(4) Where— (a) a presidential member makes an election in accordance with sub-section (3); and (b) he would, but for this sub-section, be entitled to a benefit under Division 1, 2 or 4 of Part V, or under Division 3 of Part IX, of the Superannuation Act 1976, sub-section 80 (1) of that Act applies in relation to him as if he were not entitled to that benefit. "(5) The amount of any pension that, but for this sub-section, would be payable to a person under the Judges' Pensions Act 1968 in respect of any period by virtue of that person or another person having been a presidential member shall be reduced by the amount of any other pension or retiring allowance payable to the first-mentioned person in respect of that period out of moneys provided in whole or in part by— (a) the Commonwealth, a State, the Government of the Northern Territory or the Administration of another Territory; (b) a body corporate established for a public purpose by a law of the Commonwealth, of a State or of a Territory; or (c) an incorporated company all the stock or shares in the capital of which is or are beneficially owned by the Commonwealth, a State or the Northern Territory. "(6) In this section, a reference to a presidential member does not include a presidential member who is a part-time member.". SCHEDULE—continued Airports (Business Concessions) Act 1959 Sub-section 15 (1)— Omit all the words after "writing", substitute the following words and paragraphs: "signed by him— (a) delegate to any prescribed person or to any person included in a prescribed class of persons his power to grant an authority to sell or supply intoxicating liquor; and (b) delegate to any person all or any of his other powers and functions under this Act, other than the power of delegation under this section". Sub-section 15 (2)— Omit "so delegated", substitute "delegated under this section". Apple and Pear Stabilization Act 1971 After sub-section 17 (4)— Insert the following sub-section: "(4a) Notwithstanding sub-section (4), moneys standing to the credit of the Beurre Bosc Stabilization Fund referred to in column 2 of Schedule 1 may be paid out of that Fund to the Corporation, but the Corporation shall not apply any moneys so paid otherwise than for the purposes of research relating to the production, packing, handling, production or marketing of pears.". Sub-section 17 (7)— After "a person", insert "(other than the Corporation)". Australian Shipping Commission Act 1956 Sub-section 19a (6)— After "approved", insert "under sub-section (5)". Australian Tourist Commission Act 1967 Sub-section 6 (1)— Omit "10", substitute "12". Sub-section 6 (4)— Omit "8", substitute "10". Sub-section 14 (5)— Omit "6", substitute "7". Australian Wine and Brandy Corporation Act 1980 Section 14— Add at the end thereof the following sub-sections: "(5) The Minister may, by writing signed by him, extend the period for which a member is entitled to hold office under sub-section (1), (3) or (4), being a member holding office immediately before the commencement of this sub-section, for a period not exceeding 2 years or for consecutive periods not exceeding in the aggregate 2 years. SCHEDULE—continued "(6) Whenever a vacancy occurs in the office of a member whose term of office has been extended under sub-section (5), a reference in sub-section (3) or (4) to the period for which the member was entitled to hold office shall be read as a reference to the period as so extended.". Boy Scouts' Association Act 1924 Long title of Act— Omit "Boy Scouts' Association", substitute "Scout Association". Preamble— (a) Omit the first paragraph of the Preamble, substitute the following paragraph: "WHEREAS the Scout Association (in this Act referred to as the 'Association') was duly incorporated under the name of the Boy Scouts Association in the United Kingdom of Great Britain and Ireland by Royal Charter granted on 4 January 1912:". (b) Omit the third paragraph of the Preamble, substitute the following paragraph: "AND WHEREAS for providing and maintaining an efficient organization for promoting the objects of the Association, various Local Branches, including the Scout Association of Australia which was duly incorporated under the name of the Australian Boy Scouts Association by Royal Charter granted on 23 August 1967, have been formed under the power aforesaid in Australia:". Section 1— Repeal the section, substitute the following section: Short title "1. This Act may be cited as the Scout Association Act 1924". Section 2— Omit "The Boy Scouts' Association'", substitute "the 'Scout Association'". Broadcasting and Television Act 1942 Sub-section 4 (1), definition of "technical equipment"— Omit the definition. Sub-section 90aa (2)— Omit the sub-section. Sub-sections 90c (4), (5), (6) and (7)— Omit the sub-sections. Sub-sections 90f (3) and (4)— Omit the sub-sections. Sub-section 90l (5)— Omit the sub-section. Paragraph 90n (2) (a)— Omit the paragraph. SCHEDULE—continued Sub-section 90n (2)— Omit "latest", substitute "later". Sub-section 91ab (2)— Omit the sub-section. Sub-sections 92 (3), (4), (5) and (6)— Omit the sub-sections. Sub-sections 92c (2) and (3)— Omit the sub-sections. Section 92fab— Repeal the section. Sub-section 92g (5)— Omit the sub-section. Paragraph 92j (2) (a)— Omit the paragraph. Sub-section 92j (2)— Omit "latest", substitute "later". Sub-section 116 (6), definitions of "broadcasting station" and "television station"— Omit "Part III or IIIA", substitute "the Australian Broadcasting Corporation Act 1983 or Part IIIa of this Act". Christmas Island Act 1958 Sub-section 10 (1)— Omit "is, and shall be deemed to have been,", substitute "shall be". Sub-section 10 (6)— (a) After "Ordinance", insert "or any other law (not being an Act) in force in the Territory". (b) Omit "are, and shall be deemed to have been,", substitute "shall be". Commonwealth Employment Service Act 1978 Section 12, definitions of "employees' council" and "employers' organization"— Omit the definitions, substitute the following definitions: 'employees' council' means the Australian Council of Trade Unions; 'employers' organization' means the Confederation of Australian Industry;". Paragraph 14 (1) (b) and sub-section 19 (3)— Omit "an employees' council", substitute "the employees' council". Section 21— Omit "allowances as if he were an officer of the Second Division of the Public Service", substitute "allowance at a rate equal to the highest rate of travelling allowance payable to SCHEDULE—continued officers of the Australian Public Service other than Permanent Heads within the meaning of the Public Service Act 1922". Commonwealth Inscribed Stock Act 1911 Section 3, definition of "Stock"— Omit the definition, substitute the following definition: "'stock' means Commonwealth Government Inscribed Stock, Australian Consolidated Inscribed Stock or such other stock as is created under section 4.". Section 4— Omit "or Australian Consolidated Inscribed Stock", substitute ", Australian Consolidated Inscribed Stock or such other stock as is prescribed". Section 16— Omit "four", substitute "4". Section 19— Repeal the section, substitute the following section: Protection of Registrar in relation to trusts "19. (1) Stock may be inscribed in the name of a trustee in his capacity as a trustee whether as trustee of a specified trust or as trustee without specifying a trust. "(2) Notwithstanding that stock is inscribed in the name of a trustee in his capacity as a trustee, whether as trustee of a specified trust or as trustee without specifying a trust, the Registrar— (a) is not affected with notice of any trust; and (b) is not required to make any inquiries concerning— (i) any trust; or (ii) the propriety of anything done in relation to stock that is inscribed in the name of a trustee or any part of such stock.". Section 21— Omit "one", substitute "1". Sub-section 22a (2)— Omit "two", substitute "2". Sub-section 22a (4)— Omit "of this section". After section 22a— Insert the following section in Division 2 of Part III: Inscription of stock in name of unincorporated associations "22b. (1) Notwithstanding anything contained in this Act, stock may, subject to this section, be inscribed in the name of an unincorporated association that complies with such conditions as are prescribed. "(2) An application for stock made by an unincorporated association shall be in such form and contain such particulars as are prescribed, and any documents prescribed by or under this Act and relating to that stock shall be signed by 2 or more persons appointed by that association to sign such documents. SCHEDULE—continued "(3) A certificate, receipt or other document relating to stock inscribed in the name of an unincorporated association shall be issued only to a person authorized by the association to receive the document concerned. "(4) A transaction under this Act shall not be effected in relation to stock inscribed under this section unless the transaction is authorized by the persons appointed by the unincorporated association in accordance with sub-section (2) and the Commonwealth is not under any legal liability in respect of any such transaction that is so authorized.". Section 24— Add at the end thereof the following sub-section: "(2) In this section, 'person' includes— (a) a Friendly Society or a branch of a Friendly Society; (b) a Trade Union or a branch of a Trade Union; or (c) an unincorporated association.". Section 27— (a) Omit "fourteen", substitute "14". (b) Omit "one", substitute "1". Sub-section 29 (2)— Omit "paragraph (a) of the last preceding sub-section", substitute "paragraph (1) (a)". Sub-section 29 (3)— Omit "the last preceding sub-section", substitute "sub-section (2)". Sub-section 48 (1)— Omit "ten", substitute "10". Section 49— Omit "ten", substitute "10". Section 50— Omit "ten", substitute "10". Section 51a— Add at the end thereof the following sub-section: "(3) Notwithstanding sub-section (1), Treasury Bonds, Debentures or other prescribed securities shall not be made out, issued or sold in connection with any loan raised after the commencement of this sub-section.". Section 51ba— (a) Omit "Two hundred dollars", substitute "$200". (b) Omit "six", substitute "6". (c) Omit "Ten per centum", substitute "10%". Section 51c— Omit "Treasury Bills Act 1914-1915", substitute "Treasury Bills Act 1914". SCHEDULE—continued Section 51e— Add at the end thereof the following sub-section: "(2) Notwithstanding sub-section (1), stock issued or sold after the commencement of this sub-section may not be exchanged for Treasury Bonds, Debentures or other prescribed securities.". Section 51f— Omit "section sixty-two a of the Audit Act 1901-1917", substitute "section 62a of the Audit Act 1901". Sub-section 52b (2)— (a) Omit "the twelfth day of September One thousand nine hundred and thirty-one", substitute "12 September 1931". (b) Omit "section twenty", substitute "section 20". Sub-section 52c (1)— Omit "Estate Duty Act 1914-1941", substitute "Estate Duty Act 1914". Sub-section 54 (1)— Omit "ten", substitute "10". Section 57b— Omit "sections thirteen, thirteen A, thirteen B and fourteen of the Treasury Bills Act 1914-1940", substitute "sections 13, 13a, 13b and 14 of the Treasury Bills Act 1914". Commonwealth Tertiary Education Commission Act 1977 Heading to Part II— Omit the heading, substitute the following heading: "PART II—COMMONWEALTH TERTIARY EDUCATION COMMISSION". Community Employment Act 1983 Sub-section 4 (1)— After "may approve", insert ", by instrument in writing,". Section 6— After "Minister," insert "or an officer of the Department administered by the Minister who is authorized by the Minister by instrument in writing,". After section 12— Insert the following section: Rescission of approvals "13. If the Minister, or an officer of the Department, rescinds an approval given under sub-section 4 (1) of a project to which an agreement under this Act relates (including an agreement entered into before the commencement of this section), the agreement ceases to have any further effect in relation to the project except for the purposes of the enforcement of any right accrued, or obligation incurred, under the agreement before the agreement so ceases to have effect.". SCHEDULE—continued Complaints (Australian Federal Police) Act 1981 Paragraph 87 (1) (a)— Omit the paragraph, substitute the following paragraph: "(a) a member of the Australian Federal Police;". Paragraph 87 (1) (d)— Omit "section 50.", substitute "section 50;". After paragraph 87 (1) (d)— Insert the following paragraph: "(e) a member of the staff referred to in section 16 of the Australian Federal Police Act 1979.". Sub-section 87 (2)— Omit the sub-section, substitute the following sub-section: "(2) Subject to this section, a person who is, or has been, a person to whom this section applies, shall not, either directly or indirectly, and either while he is, or after he has ceased to be, a person to whom this section applies, except in the performance of his duties or with the consent, in writing, of the appropriate person, make a record of, or divulge or communicate, prescribed information acquired at any time by him by reason of his being or having been a person to whom this section applies. Penalty: $1,000.". After sub-section 87 (3)— Insert the following sub-section: "(3a) Sub-section (2) does not prevent the Commissioner from disclosing information, or making a statement, to any person or to the public or a section of the public with respect to the performance of the functions of, or an investigation or inquiry by, the Investigation Division if, in the opinion of the Commissioner, it is in the interests of the Australian Federal Police or of any person, or is otherwise in the public interest, to do so, having regard to whether the disclosure of that information, or the making of that statement would, or could reasonably be expected to— (a) prejudice the fair trial of a person or the impartial adjudication of a particular matter; (b) reveal, or enable a person to ascertain, the existence or identity of a confidential source of information or the identity of a complainant; (c) constitute an unwarranted invasion of the privacy of any person; or (d) endanger the physical safety of any person.". Section 87— Add at the end thereof the following sub-section: "(7) In sub-section (2), 'prescribed information' means information supplied to or obtained by the Australian Federal Police in the course of, or for the purposes of, the investigation of a complaint, or the holding of an inquiry, concerning action taken by a member.". SCHEDULE—continued Coral Sea Islands Act 1969 Preamble— Omit the Preamble, substitute the following Preamble: "Whereas all the islands within the area the boundary of which commences at the point of intersection of the line following the outer edge of the Great Barrier Reef by the parallel of Latitude 12°00' South and runs— (1) thence south-easterly along the geodesic to the point of Latitude 16°00' South, Longitude 156°06' East; (2) thence south along the meridian of Longitude 156°06' East to its intersection by the parallel of Latitude 24°00' South; (3) thence west along that parallel to its intersection by the meridian of Longitude 154°00' East; (4) thence north along that meridian to its intersection by the parallel of Latitude 22°00' South; (5) thence west along that parallel to its intersection by the line following the outer edge of the Great Barrier Reef; and (6) thence generally north-westerly along that line to the point of commencement, are territories acquired by the Commonwealth: And whereas it is desirable to make provision for the government of those islands as one Territory.". Section 2— Add at the end thereof the following sub-sections: "(2) Where, for the purposes of this Act, it is necessary to determine the position on the surface of the Earth of a point, line or area, that position shall be determined by reference to a spheroid having its centre at the centre of the Earth and a major (equatorial) radius of 6,378,160 metres and a flattening of 100/29825 and by reference to the position of the Johnston Geodetic Station in the Northern Territory. "(3) That station shall be taken to be situated at the point of Latitude 25°56'54.5515" South, Longitude 133°12'30.0771" East and to have a ground level of 571.2 metres above the spheroid referred to in sub-section (2).". S