Statute Law (Miscellaneous Provisions) Act (No. 2) 1983 (Cth)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1983 No. 91 of 1983 An Act to make various amendments of the statute law of the Commonwealth, and for related purposes [Assented to 22 November 1983] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: Short title 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983. Commencement 2. (1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent. (2) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent. (3) The amendment of the Administrative Appeals Tribunal Act 1975 made by this Act shall come into operation on the day on which this Act receives the Royal Assent. (4) The amendment of section 35 of the Australian Capital Territory Supreme Court Act 1933 made by this Act shall be deemed to have come into operation on the commencement of that section. (5) The amendments of the Australian Federal Police Act 1979 made by this Act shall come into operation on a date to be fixed by Proclamation. (6) The amendment of the Crimes Act 1914 made by this Act shall come into operation on the day on which this Act receives the Royal Assent. (7) The amendments of the Economic Planning Advisory Council Act 1983 made by this Act shall come into operation on the day on which this Act receives the Royal Assent. (8) Section 88 of the Judiciary Act 1903 as enacted by this Act shall come into operation on a date to be fixed by Proclamation. (9) Section 16a of the Law Officers Act 1964, as inserted by this Act, shall come into operation on the day on which this Act receives the Royal Assent. (10) The amendment of the Navigation (Protection of the Sea) Amendment 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 section 7 of that Act. (11) The amendments of sections 35 and 58e of the Patents Act 1952 made by this Act shall come into operation on a date to be fixed by Proclamation. (12) The amendment of section 8 of the Royal Commissions Amendment Act 1982 made by this Act shall be deemed to have come into operation on 1 February 1983. (13) The amendments of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983 made by this Act shall— (a) in the case of the amendment of Schedule 1, be deemed to have come into operation on 13 December 1982; and (b) in the case of the amendment of Schedule 2, be deemed to have come into operation on 18 July 1983. (14) 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 6, insofar 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 Schedule 1 are amended as set out in that Schedule. Formal amendments of Law Officers Act 1964 4. The Law Officers Act 1964 is amended as set out in Schedule 2. Repeal 5. The Cattle Slaughter Levy (Suspension) Act 1961 is repealed. Transitional 6. (1) Subject to sub-section (2), 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) Where notification of a selection for promotion was published under regulation 17 of the Australian Federal Police Regulations before the commencement of the amendments of the Australian Federal Police Act 1979 (in this sub-section referred to as the "Principal Act") made by this Act and by the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, any appeal arising out of that selection shall be dealt with, or continue to be dealt with, as the case requires, as if those amendments had not been made, but any promotion following the disposal of any such appeal shall be made in accordance with the Principal Act as so amended. (3) In section 16a of the Law Officers Act 1964 inserted by this Act, a reference to a period of service as Solicitor-General extends, in the case of the person who is the Solicitor-General at the date of commencement of that section, to a period of service occurring before that date. –––––––––––––– SCHEDULE 1 Section 3 AMENDMENT OF ACTS Acts Amendments Administrative Appeals Tribunal Act 1975 New sub-section 18 (6)— At the end of the section, add the following sub-section: "(6) In this section, a reference to a presidential member does not include a presidential member who is a part-time member.". Airports (Surface Traffic) Act 1960 Sub-section 13 (7)— Omit "$10", substitute "$25". Australia-Japan Foundation Act 1976 Paragraph 14 (2) (c)— After "fails", insert", without reasonable excuse,". Sub-section 16 (1)— Omit ", otherwise than as a member of, and in common with the other members of, an incorporated company which consists of more than 25 persons and of which he is not a director,". Sub-section 16 (2)— Omit the sub-section, substitute the following sub-section: "(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Foundation and the member shall not— (a) be present during any deliberation of the Foundation with respect to that matter; or (b) take part in any decision of the Foundation with respect to that matter.". Australian Broadcasting Corporation Act 1983 New sub-section 12 (6)— Add at the end of section 12 the following sub-section: "(6) A person shall not continue to hold the position of Chairman, Deputy Chairman or acting Chairman if he ceases to be a Director.". Sub-section 46 (1), definition of "redeployment declaration"— Omit "paragraph", substitute "sub-paragraph". New sub-section 82 (5a)— After sub-section 82 (5) insert the following sub-section: "(5a) The Principal Community Affairs Officer shall, as soon as practicable after making a decision under sub-section (5), inform the complainant of the decision.". Australian Capital Territory Supreme Court Act 1933 Sub-section 35 (1)— Omit sub-section (1), substitute the following sub-section: "(1) The Registrar has power to administer oaths, and may exercise such other powers, and shall perform such duties, as are assigned to him by or under any Act or Ordinance, by Rules of Court or by a special order of the Court.". Australian Centre for International Agricultural Research Act 1982 Paragraph 11 (2) (c)— After "fails", insert ", without reasonable excuse,". Paragraph 39 (2) (b)— Omit "general". Australian Federal Police Act 1979 Sub-section 19 (1a)— Omit "the Deputy Commissioner" (twice occurring), substitute "a Deputy Commissioner". Paragraph 25 (1) (a)— After "appointment to", insert "a position within". SCHEDULE 1—continued Acts Amendments Paragraph 25 (1) (b)— Omit "higher", substitute "position within a higher". Paragraph 25 (1) (c) — Omit "an equivalent", substitute "a position within an equivalent". Sub-section 25 (2)— Omit "commissioned rank, or a higher commissioned rank", substitute "position within a commissioned rank, or a position within a higher commissioned rank". Sub-section 25 (3)— Omit "rank" (wherever occurring), substitute "position". New sub-section 25 (3a)— After sub-section 25 (3), insert the following sub-sections: "(3a) Notwithstanding sub-section (1), the Commissioner may, at any time, by instrument in writing, transfer a person from one position in a rank to another position in the same rank.". Paragraph 26 (1) (a)— Omit the paragraph, substitute the following paragraph: "(a) appoint a person to a position within a non-commissioned rank in a component, being a rank that the person is, in accordance with the regulations, competent and qualified to hold;". Paragraph 26 (1) (b)— Omit "higher", substitute "position within a higher". Paragraph 26 (1) (c)— Omit "an equivalent", substitute "a position within an equivalent". Paragraph 26 (1) (d)— Omit "higher", substitute "position within a higher". Sub-section 26 (2)— (a) Omit "rank" (first and second occurring), substitute "position within a rank". (b) Omit "rank" (last occurring), substitute "position". New sub-section 26 (2a)— After sub-section 26 (2), insert the following sub-section: "(2a) The Commissioner may, at any time, by instrument in writing, transfer a person from one position in a rank to another position in the same rank.". Sub-section 26a (3)— Omit "such rank", substitute "a position within a rank, being such rank". Paragraph 36 (2) (a)— Omit "and" (last occurring). New paragraph 36 (2) (c)— At the end of sub-section 36 (2), add the following word and paragraph: "; and (c) without affecting its meaning in any other provision of this Act, 'promotion' includes an appointment under paragraph 25 (1) (a) of a non-commissioned officer to a position within a commissioned rank.". Sub-section 38 (2)— After "transfer him to", insert "a position within". Paragraph 39 (a)— After "one component to", insert "a position within". SCHEDULE 1—continued Acts Amendments Paragraph 39 (b)— (a) Omit "rank" (first occurring), substitute "position". (b) Before "lower", insert "position within a". Paragraph 39 (c)— Before "lower", insert "position within a". Broadcasting and Television Act 1942 Paragraph 83 (5) (b)— Omit "(ka), (l) or (m)", substitute "(ka) or (l)". Sub-section 90j (7)— Omit "by notice in writing served on the person within that period of 28 days". Sub-section 90j (7a)— Omit "by notice in writing served on the person before that 28th day". Sub-section 90j (7d)— After "the Chairman", insert ", or a member authorized in writing by the Chairman for the purposes of this sub-section,". Paragraph 92b (1) (a)— Omit "or" (last occurring). Sub-section 92f (7)— Omit "by notice in writing served on the person within that period of 28 days". Sub-section 92f (7a)— Omit "by notice in writing served on the person before that 28th day". Sub-section 92f (7d)— After "the Chairman", insert ", or a member authorized in writing by the Chairman for the purposes of this sub-section,". Sub-section 117a (8)— Omit "Commission in pursuance of the Parliamentary Proceedings Broadcasting Act 1946-1960", substitute "Corporation in pursuance of the Parliamentary Proceedings Broadcasting Act 1946". Sub-section 126 (6)— Omit "The holder", insert "Subject to sub-section (6a), the holder". New sub-section 126 (6a)— After sub-section 126 (6), insert the following sub-section: "(6a) Sub-section (6) does not apply in relation to— (a) a permit granted in relation to a proposed variation of a specification, being a specification as defined by sub-section 80 (1); or (b) a permit granted in relation to a proposed broadcasting translator station licence or a proposed television translator station licence.". Paragraph 133 (1) (b)— Omit "on". Paragraph 133 (1) (c)— Omit "on" (first occurring). Commonwealth Legal Aid Act 1977 New paragraph 4 (2) (ca)— After paragraph 4 (2) (c), insert the following paragraph: "(ca) a member appointed after consultation between the Attorney-General and any person who, or association or body that, in the opinion of the Attorney-General, is representative of community legal centres;". SCHEDULE 1—continued Acts Amendments Copyright Act 1968 Paragraph 52 (1) (a)— Omit "(1) of the last preceding section", substitute "51 (1)". Paragraph 52 (2) (a)— Omit "(1) of the last preceding section", substitute "51 (1)". Section 53c— Omit ", dramatic or musical" (second and third occurring), substitute "or dramatic". Sub-section 133 (1)— After "copy of a work" (wherever occurring), insert "or other subject-matter,". Sub-section 159a (1)— Omit "or declarations". Sub-section 159a (2)— Omit "or declarations". Sub-section 159b (1)— Omit "sub-section 53b (1)", substitute "sub-sections 53b (1) and (2)". Sub-section 159b (2)— Omit "or declarations". Sub-section 203a (5)— Omit "officer" (second occurring), substitute "custodian". Sub-section 203f (3)— (a) Omit "a central records authority", substitute "an institution". (b) Omit "central records authority" (second occurring), substitute "institution". Crimes Act 1914 New sub-section 21aa (3a)— After sub-section (3), insert the following sub-section: "(3a) Sub-section (3) does not prevent a court from taking into account an indictable offence where the court has jurisdiction to sentence a person charged with that offence.". Customs Tariff (Anti-Dumping) Act 1975 Sub-section 9 (4)— Omit "party", substitute "country". Customs Tariff (Coal Export Duly) Act 1975 Sub-section 7 (2)— Omit "by the Minister for Trade and Resources" (wherever occurring). Section 8— Omit "Trade and Resources" (wherever occurring), substitute "Resources and Energy". Economic Planning Advisory Council Act 1983 Paragraph 7 (7) (a)— Omit "sub-section (1) or (5)", substitute "this section". Paragraph 7 (8) (a)— Omit "sub-section (1) or (5)", substitute "this section". Paragraph 9 (1) (j)— Omit "and" from the end of the paragraph. SCHEDULE 1—continued Acts Amendments New paragraph 9(1) (m)— Add at the end of sub-section 9(1) the following word and paragraph: "; and (m) 1 member selected after consultation between the Minister or his representative and such organizations that are representative of small business as the Minister considers appropriate.". Sub-section 9(8)— Omit "17", substitute "18". Sub-section 27(2)— Omit "sub-section 7(1) or (5)", substitute "section 7". Environment Protection (Northern Territory Supreme Court) Act 1978 Section 3, definition of "Commission"— Omit all the words after "means the", substitute "Conservation Commission of the Northern Territory, being the body corporate established under that name by the Conservation Commission Act 1980 of the Northern Territory". Evidence Act 1905 New sub-sections 4(1a) and (1b)— After sub-section 4(1), insert the following sub-sections: "(1a) An order may be made under sub-section (1) in relation to an office that has ceased to exist prior to the making of the order. "(1b) An order under sub-section (1) continues to apply in relation to an office, notwithstanding that the office ceases to exist after the making of the order.". New sub-sections 6(2), (3) and (4)— At the end of section 6 add the following sub-sections: "(2) Subject to sub-sections (3) and (4), where an officer entrusted with the custody of a book or document to which sub-section (1) applies is required by a Court to produce the book or document, it is sufficient compliance with the requirement for the officer to produce a copy of or extract from the book or document if it purports to be signed and certified by the officer as a true copy or extract. "(3) It is sufficient production of a copy or extract for the purposes of sub-section (2) if the officer sends it by prepaid post, or causes it to be delivered, to the proper officer of the Court in which it is to be produced or to the person before whom it is to be produced. "(4) The Court before which a copy or extract is produced pursuant to sub-section (2) may, if it thinks fit, direct the officer to produce the original book or document.". Sub-section 7a(1), definition of "proceeding"— Omit "(other than a court of a Territory) created by the Parliament", substitute "(not being a court of a Territory other than the Australian Capital Territory) created by or under an Act". Federal Court of Australia Act 1976 Sub-section 19(1)— Omit ", being jurisdiction in respect of matters arising under laws made by the Parliament". Federal Proceedings (Costs) Act 1981 Sub-section 18(2) and (3)— Omit the sub-sections, substitute the following sub-section: SCHEDULE 1—continued Acts Amendments "(2) The Attorney-General shall not authorize payment under this Act in respect of a costs certificate (other than a costs certificate granted under sub-section 10(2) or (3)) in relation to an appeal or a new trial of an amount that exceeds the prescribed maximum amount in relation to the court that heard that appeal or new trial, as the case may be.". Growth Centres (Financial Assistance) Act 1973 Sub-section 10(2)— Omit "sub-section (3)", substitute "sub-sections (3) and (5a)". Sub-section 10(3)— After "but", insert ", subject to sub-section (5a),". New sub-section 10(5a)— After sub-section 10(5), insert the following sub-section: "(5a) An agreement between Australia and a State relating to a loan referred to in this section may vary any conditions provided for by sub-section (2) or (3).". Judiciary Act 1903 New section 39b— After section 39a, insert the following section in Part VI: Original jurisdiction of Federal Court of Australia "39b. (1) The original jurisdiction of the Federal Court of Australia includes jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth. "(2) The reference in sub-section (1) to an officer or officers of the Commonwealth does not include a reference to— (a) a person holding office under the Conciliation and Arbitration Act 1904, the Public Service Arbitration Act 1920 or the Coal Industry Act 1946; or (b) a Judge or Judges of the Family Court of Australia.". Sub-section 40 (1)— Omit "or the Attorney-General of a State", substitute ", the Attorney-General of a State or the Attorney-General of the Northern Territory". Section 44— (a) After "or not", insert ", or any part of such a matter". (b) After "in the matter", insert "or in that part of the matter, as the case may be,". New section 78aa— Before section 78a, insert the following section in Division 1a of Part XI: State includes Northern Territory "78aa. In this Division, 'State' includes the Northern Territory.". Sub-section 78b (1)— (a) Omit "other than", substitute "including". (b) Omit "Attorney-General of the Commonwealth and—", substitute "Attorneys-General of the Commonwealth and of the States,". (c) Omit paragraphs (a) and (b). (d) Omit "that Attorney-General or by those", substitute "the". Paragraph 78b (2) (a)— Omit "and" (last occurring). SCHEDULE 1—continued Acts Amendments New paragraph 78b (2) (c)— At the end of sub-section 78b (2) add the following word and paragraph: "; and (c) may continue to hear evidence and argument concerning matters severable from any matter arising under the Constitution or involving its interpretation.". New section 88— After section 87, add the following section: Regulations "88. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters— (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, may make regulations— (c) prescribing the content and form of a notice to be given under sub-section 78b (1) and specifying the documents (if any) that are to accompany such a notice; (d) prescribing the practice and procedure for the filing and giving of such a notice, including the manner in which, the time within which, the persons to whom, and the persons by whom, such a notice is to be given; and (e) specifying any affidavits to be filed following the giving of a notice under sub-section 78b (1) and prescribing the persons by whom and times within which the affidavits are to be filed.". Land Commissions (Financial Assistance) Act 1973