Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 (Cth)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1986 No. 168 of 1986 An Act to make various amendments of the statute law of the Commonwealth, and for related purposes [Assented to 18 December 1986] 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) 1986. Commencement 2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) The amendment of the Bankruptcy Act 1966 made by this Act inserting proposed section 31a shall come into operation on a day to be fixed by Proclamation. (3) The amendments of the Copyright Act 1968 made by this Act shall come into operation immediately after the commencement of section 3 of the Copyright Amendment Act 1986. (4) The amendment of paragraph 36 (3) (d) of the Dairy Produce Act 1986 made by this Act shall be deemed to have come into operation on 1 July 1986. (5) The amendment of the Defence (Re-establishment) Act 1965 made by this Act shall be deemed to have come into operation on 22 May 1986. (6) The amendments of section 11 of the Insurance Contracts Act 1984 made by this Act shall be deemed to have come into operation on 1 January 1986. (7) An amendment of a provision of the Interstate Road Transport Act 1985 made by this Act shall come into operation on the day on which that provision comes into operation. (8) The repeal and re-enactment of section 5a of the Migration Act 1958 by this Act shall come into operation on a day to be fixed by Proclamation. Amendment of Acts 3. The Acts specified in Schedule 1 are amended as set out in that Schedule. Repeals 4. The Acts specified in Schedule 2 are repealed. Transitional provisions 5. (1) Except where it is expressly provided to the contrary, 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(with or without modifications) a provision of an Act, any act done or decision made under the provision amended or repealed has effect after the amendment or repeal as if it had been done or made under the provision as so amended or re-enacted. (2) Where a non-citizen was present in the Territory of Cocos (Keeling) Islands or the Coral Sea Islands Territory immediately before the day of commencement of section 5a of the Migration Act 1958 as re-enacted by this Act, he or she shall be deemed, for the purposes of that Act as in force on and after that day, to have entered Australia as a non-citizen at the time (being a time on that day) when he or she is issued with an entry permit under that Act. (3) Sub-section (1) does not apply in relation to the amendment of the following Acts: Ashmore and Cartier Islands Acceptance Act 1933; Australian Antarctic Territory Act 1954; Christmas Island Act 1958; Cocos (Keeling) Islands Act 1955; Coral Sea Islands Act 1969; Heard Island and McDonald Islands Act 1953; Norfolk Island Act 1979; Seat of Government (Administration) Act 1910. Application 6. (1) The amendments of section 18 of the Bankruptcy Act 1966 made by this Act do not— (a) affect any property, powers, rights, authorisations, duties, functions, liabilities or obligations of; or (b) render defective any legal or other proceeding instituted by or against, the body corporate continued in existence by force of sub-section 18 (1) of the Bankruptcy Act 1966 as amended by this Act. (2) The amendments of sub-section 20b (8), section 20f, paragraph 20h (3) (b) and section 20j of the Bankruptcy Act 1966 made by this Act apply in relation to— (a) moneys received by the Official Trustee after the commencement of the amendments; and (b) moneys held by the Official Trustee at the commencement of the amendments. (3) The amendments of sub-section 3 (1), section 30 (other than the proposed insertion of sub-section (5a) and the amendment of sub-section 30 (6)), 31 and 33, of the Insurance Act 1973 do not apply in relation to a financial year of a body corporate that commenced before the commencement of the amendments. (4) A provision of the Insurance Act 1973 affected by an amendment falling within sub-section (3) continues to apply, as in force before the amendment, in relation to a financial year referred to in that sub-section. ———— SCHEDULE 1 Section 3 AMENDMENT OF ACTS Air Navigation (Charges) Act 1952 Sub-section 5b (1) (definition of "outstanding amount")— Add at the end "or waived or written off under any other law". Sub-section 5b (5)— After "aircraft" (first occurring) insert "and until the lien ceases to have effect". Sub-section 5b (12)— Omit the sub-section, substitute the following sub-section: "(12) If— (a) there are no outstanding amounts covered by the statutory lien; (b) the aircraft is sold under sub-section (9); or (c) the Secretary or an authorised officer directs in writing that the statutory lien ceases to have effect, the statutory lien ceases to have effect, and the Registrar shall make an entry in the Register in the manner prescribed.". Ashmore and Cartier Islands Acceptance Act 1933 Paragraph 10 (5a) (b)— After "another Ordinance", insert "or any other law". Sub-section 10 (5a)— After "reviving that other Ordinance", insert "or law, as the case may be,". Sub-section 10 (5b)— Add at the end, ", and a reference in sub-section (5a) to a law has a corresponding meaning". Australian Antarctic Territory Act 1954 Paragraph 12 (4a) (b)— After "another Ordinance", insert "or any other law". Sub-section 12 (4a)— After "reviving that other Ordinance", insert "or law, as the case may be,". Sub-section 12 (4b)— Add at the end, ", and a reference in sub-section (4a) to a law has a corresponding meaning". Australian Capital Territory Supreme Court Act 1933 Paragraph 28 (1) (d)— After "by this Act", insert "or by any Ordinance". SCHEDULE 1—continued Australian Institute of Marine Science Act 1972 Section 5 (definition of "acting member")— Omit "an acting Chairman", substitute "an acting Chairperson, Acting Director". Section 5 (definition of 'member")— Omit "the Chairman", substitute "the Chairperson and the Director". Section 5 (definition of "the Chairman")— Omit the definition, substitute the following definition: " 'the Chairperson' means the Chairperson of the Council;". Part III— Insert at the beginning of the Part the following section: Interpretation "10a. In this Part, a reference to a member or an acting member does not, except in section 18 and sub-sections 20 (5) and (6), include a reference to the Director or an Acting Director.". Sub-section 12 (1)— Omit the sub-section, substitute the following sub-section: "(1) The Council shall consist of— (a) a Chairperson; (b) the Director; and (c) 4 other members.". Paragraph 16 (c)— After "fails", insert ", without reasonable excuse,". Sub-section 17 (1)— (a) Omit "the Chairman" (wherever occurring), substitute "the Chairperson". (b) Omit "the acting Chairman", substitute "the acting Chairperson". Sub-section 17 (2)— Omit "the Chairman" (wherever occurring), substitute "the Chairperson". Section 18— Repeal the section, substitute the following section: Disclosure of interests "18. (1) A member who has a direct or indirect pecuniary interest in a matter being considered by the Council shall, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the Council. "(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Council and the member shall not, unless the Minister or the Council otherwise determines— (a) be present during any deliberation of the Council with respect to that matter; or (b) take part in any decision of the Council with respect to that matter. "(3) For the purpose of the making of a determination by the Council under sub-section (2) in relation to a member who has made a disclosure under sub-section (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not— SCHEDULE 1—continued (a) be present during any deliberation of the Council for the purpose of making the determination; or (b) take part in the making by the Council of the determination.". Sub-sections 20 (2) and (3)— Omit "The Chairman", substitute "The Chairperson". Sub-section 20 (4)— Omit "the Chairman", substitute "both the Chairperson and the acting Chairperson". Sub-section 20 (5)— Omit "not less than three", substitute "not less than 4". Part III— Add at the end of the Part the following section: Director not to take part in certain deliberations of Council "20a. The Director— (a) shall not take part in any deliberation or decision of the Council with respect to the grant of leave to him or her by the Council; and (b) shall be disregarded for the purpose of constituting a quorum of the Council for any such deliberation or decision.". Paragraph 28 (b)— Omit "or". Paragraph 28 (c)— Omit "months,", substitute "months; or". After paragraph 28 (c)— Add the following paragraph: "(d) fails, without reasonable excuse, to comply with his or her obligations under section 18,". Australian Trade Commission Act 1985 Paragraphs 33 (1) (a) and (d)— Omit "in that country" (wherever occurring), substitute "in a foreign country". Sub-sections 46 (1) and (2)— After "person carrying on business in Australia", insert "or a corporation in which such a person has a substantial shareholding". After paragraph 72 (c)— Insert the following paragraph: "(ca) in making loans under Part V;". After paragraph 73 (3) (a)— Insert the following paragraph: "(aa) in making loans under Part V;". SCHEDULE 1—continued Bankruptcy Act 1966 Paragraph 12 (2) (d)— After "Official Receiver", insert ", Registrar, Deputy Registrar or any other person". Section 12— Add at the end the following sub-section: "(3) For the purposes of conducting an inquiry or investigation on behalf of the Inspector-General, an Official Receiver, Registrar, Deputy Registrar or other person, appointed by the Inspector-General under sub-section (2), may exercise all or any of the powers referred to in that sub-section other than the power referred to in paragraph (2) (d).". Sub-section 18 (1)— Omit the sub-section, substitute the following sub-section: "(1) The body corporate known as the Official Trustee in Bankruptcy that was in existence immediately before the commencement of this sub-section continues in existence, under that name, constituted as a corporation sole.". Sub-section 18 (3)— Omit the sub-section, substitute the following sub-section: "(3) The Secretary to the Department constitutes the Official Trustee in Bankruptcy.". Sub-section 18 (6)— Omit the sub-section. Sub-sections 18 (8), (9) and (10)— Omit the sub-sections, substitute the following sub-sections: "(8) An Official Receiver may, in the name of, and on behalf of, the Official Trustee, exercise any of the powers, or perform any of the functions, of the Official Trustee. "(8a) All acts and things done in the name of, or on behalf of, the Official Trustee by, or under the authority of, any Official Receiver, shall be deemed to have been done by the Official Trustee. "(8b) In, or in respect of, the doing of any act or thing by an Official Receiver in the name of, or on behalf of, the Official Trustee, the Official Receiver is responsible to the Official Trustee, and shall comply with such directions (if any) as are given to him or her by the Official Trustee. "(8c) The Official Trustee shall consult with the Inspector-General and the Official Receivers concerning the conduct of the business of the Official Trustee, and its practices and procedures. "(9) Where, under a provision of this Act or of the repealed Act in its continued application by virtue of this Act, the exercise of a power or the performance of a function by the Official Trustee is dependent upon the opinion, belief or state of mind of the Official Trustee in relation to a matter— (a) the power may be exercised or the function performed by, or with the authority of, any Official Receiver, in the name of, or on behalf of, the Official Trustee upon the opinion, belief or state of mind in relation to that matter of the person exercising the power or performing the function; and SCHEDULE 1—continued (b) any act or thing done by, or with the authority of, any Official Receiver, in the exercise of such a power, or performance of such a function, in accordance with this sub-section shall be deemed to have been done by the Official Trustee. "(10) Where the Official Trustee is one of the trustees of a deed of assignment, deed of arrangement, composition or scheme of arrangement, a power the exercise of which, or a function the performance of which, is dependent upon the opinion, belief or state of mind of those trustees in relation to a matter may be exercised or performed by those trustees as if the opinion, belief or state of mind in relation to that matter of— (a) an Official Receiver who; or (b) another person who with the authority of an Official Receiver, acts in the name of, or on behalf of, the Official Trustee in the exercise of the power or the performance of the function were the opinion, belief or state of mind in relation to the matter of the Official Trustee.". Section 20— Repeal the section, substitute the following section: Records, returns and bank accounts "20. (1) Subject to this Act, the Registrars shall keep such books of account and records and make such returns as the Secretary to the Department, in writing, directs. "(2) The Registrars shall open and maintain such bank accounts with an approved bank or approved banks as the Secretary, in writing, directs. "(3) The Registrars shall comply with any directions in writing given by the Secretary to the Department with respect to the banking of moneys in bank accounts maintained in pursuance of sub-section (2).". Section 20a (definition of "Investment Board")— Omit the definition. Sub-section 20b (4)— Omit "the Inspector-General directs by writing under his hand", substitute "are necessary for the purposes of the Common Fund". Sub-section 20b (5)— Omit the sub-section, substitute the following sub-section: "(5) The Official Trustee shall ensure that at all times one account referred to in sub-section (4) is maintained for each District, or, if the Official Trustee thinks fit, for any 2 or more Districts having the same Official Receiver.". Sub-section 20b (8)— (a) At the end of paragraph (a) add "or". (b) Omit paragraphs (b), (d) and (e). Section 20c— Repeal the section. Sub-sections 20d (2) and (3)— Omit the sub-sections. Sub-section 20d (4)— Omit all the words before paragraph (a), substitute "The Official Trustee—". Paragraph 20d (4) (b)— (a) Omit "Investment Board", substitute "Official Trustee". (b) Omit "by the Official Trustee". SCHEDULE 1—continued Sub-section 20d (5)— Omit "Investment Board", substitute "Official Trustee". Sub-section 20e (1)— (a) Omit "Investment Board" (first occurring), substitute "Official Trustee". (b) Omit "Investment Board may, by instrument in writing, authorize the Official Trustee", substitute "Official Trustee may apply to the Minister for Finance". Sub-section 20e (2)— Omit "is authorized", substitute "has applied". Section 20f— (a) Insert in sub-sections (1), (2), (3), (4), (5), (6) and (7) "or fund" after "estate". (b) Omit sub-section (8), substitute the following sub-section: "(8) In this section— 'estate' means the estate of a bankrupt or of a deceased debtor; 'fund' means a fund of moneys referred to in paragraph 20j (1) (b).". Paragraph 20h (3) (b)— Omit the paragraph, substitute the following paragraph: "(b) each amount of interest that— (i) forms part of the estate of a bankrupt or of a deceased debtor by virtue of sub-section 20j (2) or (3); (ii) forms part of a fund referred to in paragraph 20j (1) (b) by virtue of sub-section 20j (2) or (3a); or (iii) is payable to a person by virtue of sub-section 20j (4),". Sub-section 20h (4)— Omit "Investment Board" and "Board", substitute in each case "Official Trustee". Sub-section 20j (1)— Omit the sub-section, substitute the following sub-section: "(1) Where the Official Trustee is— (a) the trustee of the estate of a bankrupt or of a deceased debtor; or (b) the trustee of a fund of moneys held or received by the Official Trustee in respect of a particular debtor or bankrupt by reason of being— (i) the trustee of a composition, or of a scheme of arrangement, accepted under Division 6 of Part IV; (ii) the trustee of a deed of assignment or deed of arrangement executed, or a composition accepted, under Part X; or (iii) the trustee of— (a) a composition or scheme of arrangement accepted and approved under Division 5 of Part IV of the repealed Act; (b) a composition or scheme of arrangement accepted, or a deed of assignment executed, under Part XI of the repealed Act; or (c) a deed of arrangement executed under Part XII of the repealed Act, the estate or the fund is not entitled, except as provided by sub-sections (2), (3) and (3a), to interest on moneys held by the Official Trustee as trustee of the estate or fund, as the case may be.". SCHEDULE 1—continued Sub-section 20j (2)— (a) Insert ", or as trustee of a fund referred to in paragraph (1) (b)," after "debtor". (b) Add at the end "or fund, as the case may be". Sub-section 20j (3)— Insert "(other than moneys of the kind referred to in paragraph (1) (b))" after "interest on moneys". Sub-section 20j (4)— Omit the sub-section, substitute the following sub-sections: "(3a) Where, on or after the date of commencement of this sub-section (in this sub-section referred to as the 'commencing day'), the Official Trustee receives an amount by way of interest on moneys held or received by the Official Trustee by reason of being trustee of a fund referred to in paragraph (1) (b) (in this sub-section referred to as the 'appropriate fund'), being moneys that form part of the Common Fund— (a) if the interest accrued in respect of a period that ended before the commencing date—the amount of the interest forms part of the appropriate fund; or (b) if the interest accrued in respect of a period that commenced before, but ended on or after, the commencing day—an amount that bears to the amount of that interest the same proportion as the number of days in the part of the period in respect of which the interest accrued that occurred before the commencing day bears to the number of days in that period forms part of the appropriate fund. "(4) Where it is established that— (a) moneys held by the Official Trustee as the trustee of the estate of a bankrupt or of a deceased debtor do not form part of the estate; or (b) moneys held by the Official Trustee as part of a fund referred to in paragraph (1) (b) do not form part of the fund, interest on those moneys is payable to the person to whom those moneys are payable, out of the Common Fund, at the rate prescribed for the purposes of this section and in respect of the period during which those moneys are held by the Official Trustee.". After section 31— Insert the following section: Exercise of Powers by certain officials "31a. (1) Subject to sub-section (2), the following powers of the Court under this Act may, if a Judge of the Court, in writing, directs, be exercised by a Registrar of the Court in relation to a proceeding: (a) the power to make orders or give directions in relation to the service of a notice or other document under this Act; (b) the power to make orders in relation to discovery, inspection and production of documents in the possession, power or custody of a party to the proceeding or of any other person; (c) the power to make orders in relation to interrogatories; (d) the power to allow the amendment of any written process, proceeding or notice under this Act; (e) a power referred to in paragraph 33 (1) (c); (f) the power to make an order adjourning the hearing of the proceeding; (g) the power to make an order as to costs; SCHEDULE 1—continued (h) the power to set aside a bankruptcy notice; (j) the power under sub-section 47 (2) to grant leave to withdraw a creditor's petition after presentation; (k) the power under section 49 to substitute another creditor or other creditors for a creditor in relation to a petition; (m) the power under sub-section 52 (5) to extend the period at the expiration of which a creditor's petition will lapse; (n) the power to make a sequestration order against the estate of a debtor under sub-section 52 (1) and the power under sub-section 52 (2) to dismiss a creditor's petition; (p) the power to make an order under sub-section 244 (9), (10), (11) or (12) in relation to a petition; (q) the power to grant leave to present a petition under sub-section 244 (13); (r) the power under sub-section 247 (1a) in relation to a petition; (s) a power of the Court prescribed by the rules. "(2) A Registrar shall not exercise the powers referred to in paragraph (1) (g) except in relation to costs for or in connection with a proceeding heard by a Registrar. "(3) Without limiting the generality of sub-section (1), the power to issue a direction under that sub-section in relation to the exercise of powers by a Registrar in a proceeding includes the power to issue a direction providing for the exercise of a specified power or powers in a specified class or specified classes of powers— (a) in relation to a proceeding in a specified class of proceedings or specified classes of proceedings; or (b) by a specified Registrar, a Registrar in a specified class of Registrars or Registrars in specified classes of Registrars. "(4) The provisions of this Act and the rules that relate to the exercise by the Court of a power that is, by virtue of sub-section (1), exercisable by a Registrar apply in relation to the exercise of the power by a Registrar under this section as if the references in those provisions to the Court were references to the Registrar. "(5) Notwithstanding any other provision of this Act and any provision of the Public Service Act 1922 or of any other law, a Registrar is not subject to the direction or control of any person or body in relation to the manner in which the Registrar exercises the powers pursuant to sub-section (1). "(6) A party to a proceeding in which a Registrar has exercised any of the powers of the Court under sub-section (1) may, within the time prescribed by the rules, or within any further time allowed in accordance with the rules, apply to the Court to review that exercise of power. "(7) The Court may, on application under sub-section (6) or of its own motion, review an exercise of power by a Registrar pursuant to this section and may make such order or orders as it thinks fit with respect to the matter with respect to which the power was exercised. "(8) Where at a hearing of a proceeding that involves the exercise of a power referred to in paragraph (1) (n) in relation to a sequestration order or in paragraph (1) (p) to make an order for the administration of the estate of a deceased debtor under Part XI, a person opposes the making of that order, the Registrar shall not hear, or continue to hear, the proceeding and shall make appropriate arrangements for the proceeding to be heard by the Court. SCHEDULE 1—continued "(9) Where at any time before or during the hearing of a proceeding that involves the exercise of a power referred to in sub-section (1) by a Registrar— (a) the Registrar considers that it is not appropriate for the proceeding to be heard by the Registrar under this section; or (b) an application is made to the Registrar for the proceeding to be heard by a Court, the Registrar shall not hear, or continue to hear, the proceeding and shall make appropriate arrangements for the proceeding to be heard by the Court. "(10) In this section— 'Registrar' means the Registrar, a Deputy Registrar, a District Registrar or a Deputy District Registrar, of the Court; 'the Court' means the Federal Court of Australia when exercising jurisdiction under this Act.". Sub-section 116 (2)— After paragraph (m), insert the following paragraph: "(ma) amounts paid to the bankrupt under a scheme established and operated by a State or the Northern Territory in accordance with the agreement between the Commonwealth and the States and the Northern Territory the execution of which, on behalf of the Commonwealth, was approved by the States and Northern Territory Grants (Rural Adjustment) Act 1985, or in accordance with that agreement as subsequently amended, being amounts paid by way of grant or loan as assistance for the purpose of rehabilitation or household support;". Sub-paragraph 116 (3) (iii)— Omit "or (m)", substitute ", (m) or (ma)". Sub-paragraph 116 (4) (iii)— Omit "or (m)", substitute ", (m) or (ma)". Sub-section 119a (5)— Omit "a bankrupt" (last occurring), substitute "the bankrupt". Paragraph 253b (b)— Omit "or" (last occurring). Section 253b— After paragraph (c), insert the following word and paragraph: "; or (d) gives effect to the agreement between the Commonwealth and the States and the Northern Territory the execution of which, on behalf of the Commonwealth, was approved by the States and Northern Territory Grants (Rural Adjustment) Act 1985 or that agreement as subsequently amended,". Biological Control Act 1984 After the definition of "agent recommendation" in sub-section 2 (1)— Insert the following definition: "'Australia' includes the external Territories (if any) in respect of which a declaration under sub-section 4 (1) is in force;". SCHEDULE 1—continued Sub-section 2 (1) (definition of "Commonwealth Minister" or "the Minister")— Omit the definition. Sub-section 2 (1) (paragraph (a) of the definition of "organism")— Omit "man", substitute "a human". After sub-section 2 (4), insert the following sub-section: "(4a) For the purposes of this Act— (a) a recommendation or decision of, or an approval by, the Council, has effect whether or not it was made while the Council was in session; (b) a recommendation of the Council shall be taken to be unanimous if, and only if, the recommendation is a recommendation of all the members of the Council; (c) an approval by the Council shall be taken to be unanimous if, and only if, the approval is an approval by all the members of the Council; and (d) where a person is authorised to act as a member of the Council in place of another person, then while the first-mentioned person is so acting, the first-mentioned person is to be taken to be a member of the Council and the other person is not to be taken to be a member of the Council.". Sub-sections 8 (2), (3), (4), (5) and (6)— Omit the sub-sections, substitute the following sub-section: "(2) The Authority shall be the Minister who is for the time being a member of the Council.". Paragraph 9 (a)— Insert "and" after "State;". Paragraph 9 (b)— Omit "and" (last occurring). Paragraph 9 (c)— Omit the paragraph. Section 9— Add at the end the following sub-sections: "(2) A declaration shall not be made under sub-section (1) in respect of a law of a State unless the Minister of the State administering that law consents in writing to the declaration being made. "(3) A declaration made under sub-section (1) shall cease to have effect in respect of a law if that law ceases to be a law described in paragraphs (1) (a) and (b).". Section 11— Repeal the section, substitute the following section: Operation of Industries Assistance Commission Act "11. (1) In this section, 'Assistance Act' means the Industries Assistance Commission Act 1973. "(2) For the purposes of the Assistance Act— (a) a declaration under this Act that organisms of a particular kind that have an adverse effect on the carrying on by a person of a business or activity are target organisms for the purposes of this Act; or SCHEDULE 1—continued (b) a declaration under this Act that organisms of another kind the release of which could control the population of organisms of the first-mentioned kind are agent organisms for the purposes of this Act, shall be taken to be assistance by way of the doing of an act that would assist that person to carry on that business or activity. "(3) For the purposes of the Assistance Act— (a) a declaration under a relevant State law that organisms of a particular kind that have an adverse effect on the carrying on by a person of a business or activity are target organisms for the purposes of that law; or (b) a declaration under a relevant State law that organisms of another kind the release of which could control the population of organisms of the first-mentioned kind are agent organisms for the purposes of that law, shall be deemed to be assistance by the Commonwealth Government by way of the doing of an act that would assist that person to carry on that business or activity. "(4) Nothing in this section shall be read as limiting the generality of paragraph 4 (2) (a) of the Assistance Act.". Paragraph 12 (2) (a)— Insert "unanimous" after "a". Sub-section 17 (1)— (a) Insert "unanimously" after "has". (b) Omit "organisms the", substitute "organisms, the". Paragraph 17 (3) (d)— Insert "unanimously" after "has". Paragraph 19 (1) (b)— Omit "members of the". Paragraphs 19 (1) (f) and (g)— Omit "where the Authority considers it appropriate to do so,". After sub-section 19 (1)— Insert the following sub-section: "(1a) Action shall not be taken under paragraph (1) (e), (f) or (g) in respect of a target recommendation unless the Council, upon being consulted in accordance with paragraph (1) (b), has unanimously recommended that the action be taken.". Paragraph 20 (1) (a)— Omit "and". After paragraph 20 (1) (b)— Insert the following word and paragraph: "; and (ba) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation,". Sub-section 20 (1)— Insert ", subject to sub-section (2)," after "Authority" (last occurring). Sub-section 20 (2)— Omit the sub-section, substitute the following sub-section: "(2) The Authority shall not make a declaration under sub-section (1) in respect of a target recommendation unless the Council, upon being consulted in accordance with paragraph (1) (ba), has unanimously recommended that the declaration be made.". SCHEDULE 1—continued Paragraph 21 (2) (a)— Insert "unanimous" after "a". Sub-section 26 (1)— Insert "unanimously" after "has". Paragraph 26 (2) (d)— Insert "unanimously" after "has". Paragraph 28 (1) (b)— Omit "members of the". Paragraph 28 (1) (f) and (g)— Omit "where the Authority considers it appropriate to do so,". After sub-section 28 (1)— Insert the following sub-section: "(1a) Action shall not be taken under paragraph (1) (e), (f) or (g) in respect of an agent recommendation unless the Council, upon being consulted in accordance with paragraph (1) (b), has unanimously recommended that the action be taken.". Paragraph 29 (1) (a)— Omit "and". After paragraph 29 (1) (b)— Insert the following word and paragraph: "; and (ba) consulting the Council regarding the appropriateness of action under this section in respect of that recommendation,". Sub-section 29 (1)— Insert ", subject to sub-section (1a)," after "Authority" (last occurring). After sub-section 29 (1)— Insert the following sub-section: "(1a) The Authority shall not make a declaration under sub-section (1) in respect of an agent recommendation unless the Council, upon being consulted in accordance with paragraph (1) (ba), has unanimously recommended that the declaration be made.". Sub-section 29 (3)— Omit the sub-section. Sub-section 30 (1)— Insert ", subject to sub-section (1a)," after "Authority" (last occurring). After sub-section 30 (1)— Insert the following sub-section: "(1a) The Authority shall not make a declaration under sub-section (1) in respect of an organism unless— (a) the Authority has first consulted the Council regarding the appropriateness of action under this section in respect of that organism; and (b) the Council has unanimously recommended that the declaration be made.". Sub-section 31 (1)— Insert ", subject to sub-section (1a)," after "Authority" (last occurring). SCHEDULE 1—continued After sub-section 31 (1)— Insert the following sub-section: "(1a) The Authority shall not m