- STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984- LONG TITLE
- SECT 1 Short title
- SECT 2 Commencement
- SECT 3 Amendment of Acts
- SECT 5 Repeal
- SECT 6 Transitional and savings
- SECT 7 Transitional provisions relating to Copyright Act 1968
- SECT 8 Transitional provisions relating to Overseas Telecommunications Act 1946
- SECT 9 Transitional provisions relating to certain offices under the Public Service Act 1922
- SCHEDULE 1
- Section 3
- AMENDMENTS OF ACTS
- Aboriginal Councils and Associations Act 1976
- Acoustic Laboratories Act 1948
- Acts Interpretation Amendment Act 1984
- Aged or Disabled Persons Homes Act 1954
- Archives Act 1983
- Australian Shipping Commission Amendment Act 1983
- Australian Wine and Brandy Corporation Act 1980
- Broadcasting and Television Act 1942
- Commonwealth Employees (Redeployment and Retirement) Act 1979
- Commonwealth Employees (Redeployment and Retirement) Act 1979
- Commonwealth Functions (Statutes Review) Act 1981
- Commonwealth Places (Application of Laws) Act 1970
- Commonwealth Teaching Service Act 1972
- Complaints (Australian Federal Police) Act 1981
- Copyright Act 1968
- Crimes Act 1914
- Customs Act 1901
- Defence Act 1903
- Defence (Re-establishment) Act 1965
- Delivered Meals Subsidy Act 1970
- Director of Public Prosecutions Act 1983
- Excise Act 1901
- Family Law Act 1975
- Federal Court of Australia Act 1976
- Handicapped Persons Assistance Act 1974
- Health Insurance Act 1973
- Health Legislation Amendment Act (No. 2) 1983
- Home Deposit Assistance Act 1982
- Home Nursing Subsidy Act 1956
- Homes Savings Grant Act 1964
- Homes Savings Grant Act 1964
- Homes Savings Grant Act 1976
- Income Tax Assessment Act 1936
- Judiciary Act 1903
- Members of Parliament (Staff) Act 1984
- Narcotic Drugs Act 1967
- National Crime Authority Act 1984
- National Health Act 1953
- National Library Act 1960
- Naval Defence Act 1910
- Overseas Students Charge Act 1979
- Overseas Students Charge Collection Act 1979
- Overseas Telecommunications Act 1946
- Patents Act 1952
- Postal Services Act 1975
- Poultry Industry Assistance Act 1965
- Poultry Industry Levy Act 1965
- Poultry Industry Levy Collection Act 1965
- Public Order (Protection of Persons and Property) Act 1971
- Public Service Act 1922
- Quarantine Amendment Act 1984
- Radiocommunications Act 1983
- Re-establishment and Employment Act 1945
- Sales Tax (Exemptions and Classifications) Act 1935
- Sales Tax (Exemptions and Classifications) Act 1935
- Shipping Registration Amendment Act 1984
- Social Security Act 1947
- Superannuation Act 1976
- Telecommunications Act 1975
- Therapeutic Goods Act 1966
- Trade Practices Act 1974
- Tuberculosis Act 1948
- SCHEDULE 2
- SCHEDULE 3
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
*1* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading to section 7 of the Delivered Meals Subsidy Act 1970 is altered by omitting "Director-General's" and substituting "Secretary's".
*2* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading of section 130J of the Health Insurance Act 1973 is altered by omitting "Director-General" and substituting "Secretary".
*3* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading to section 47 of the Home Deposit Assistance Act 1982 is altered by omitting "Director-General" and substituting "Secretary".
*4* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the headings to sections 11, 17C and 17D of the Homes Savings Grant Act 1964 are altered by omitting "Director-General" (wherever occurring) and substituting "Secretary".
*5* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the headings to sections 28, 30 and 39 of the Homes Savings Grant Act 1976 are altered by omitting "Director-General" (wherever occurring) and substituting "Secretary".
*6* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the headings to sections 15, 16, 105JB, 105N, 115E and 143A of the Social Security Act 1947
are altered by omitting "Director-General" (wherever occurring) and substituting "Secretary".
*7* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading to section 7 of the Social Security Act 1947 is altered to "Secretary to have general administration of Act".
*8* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading to section 23M of the Therapeutic Goods Act 1966 is altered by omitting "Director-General" and substituting "Secretary".
*9* On the day proclaimed for the purposes of sub-section 2 (20) of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 the heading to section 6 of the Tuberculosis Act 1948 is altered by omitting "Director-General" and substituting "Secretary".
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- LONG TITLE
SECT An Act to make various amendments of the statute law of the Commonwealth, and for related purposes (Assented to 25 October 1984)
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
-SECT 1 Short title
SECT 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- SECT 2 Commencement
SECT 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. or on the day fixed by Proclamation for the purpose of sub-section (20) of this section, whichever is the later. 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 32 of that Act. Telecommunications Act 1975 shall be deemed to have come into operation on 26 April 1984. Act of the definition of "respite care bed" in section 10A of that Act), the Aged or Disabled Persons Hostels Act 1972, the Broadcasting and Television Act 1942, the Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, the Handicapped Persons Assistance Act 1974, the Health Insurance Act 1973, the Home Nursing Subsidy Act 1956, the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1964, the Homes Savings Grant Act 1976 , the Income Tax Assessment Act 1936, the Narcotic Drugs Act 1967, the National Health Act 1953 (other than the amendments made by this Act to sub-sections 105AAA (1), (2), (4), (5) and (6) and paragraphs 105AC (1AA) (a) and (b) and (1B) (a) of that Act), the Sales Tax (Exemptions and Classifications) Act 1935, the Social Security Act 1947, the Re-establishment and Employment Act 1945, the Therapeutic Goods Act 1966
and the Tuberculosis Act 1948 shall come into operation on the day fixed by Proclamation for the purposes of sub-section (20) of this section. STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- SECT 3 Amendment of Acts
SECT
3. The Acts specified in Schedule 1 are amended as set out in that Schedule.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- SECT 4 Amendment of Acts consequential upon alteration of certain designations under Public Service Act 1922
SECT
4. The Acts specified in Schedule 2 are amended, or are further amended, as the case may be, as set out in that Schedule.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
-SECT 5 Repeal
SECT
5. (1) The Acts specified in Schedule 3 are repealed.
(2) The Queensland Meat Inspection Agreement Act 1932 is repealed.
STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
-SECT 6 Transitional and savings
SECT
6. (1) Except where it is expressly provided to the contrary, where this Act- STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- SECT 7 Transitional provisions relating to Copyright Act 1968 SECT
7. (1) Where, immediately before the commencement of this section- STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
- SECT 8 Transitional provisions relating to Overseas Telecommunications Act 1946
SECT
8. (1) A person who, immediately before the day on which the amendments made by this Act to the Principal Act come into operation, holds office as a Commissioner by virtue of an appointment under a provision of the Principal Act, continues to hold office for the remainder of his or her term of office as if those amendments had not been made. STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
-SECT 9 Transitional provisions relating to certain offices under the Public Service Act 1922
SECT
9. (1) Any act or thing done at any time before the commencement of this section by a person or by a delegate of a person who, at that time, held office as, or acted in the office of, the Director-General of Health, being an act or thing done pursuant to the person's duties as the holder of, or person acting in, that office or as a delegate of the holder of that office, shall have such consequences or effects after the commencement of this section as it would have had if the amendments made by this Act to the Acoustic Laboratories Act 1948 , the Broadcasting and Television Act 1942, the Home Nursing Subsidy Act 1956, the Narcotic Drugs Act 1967, the Sales Tax (Exemptions and Classifications) Act 1935, the Therapeutic Goods Act 1966, the Tuberculosis Act 1948 and paragraph 16 (4) (f) and sub-section 73A (6) of the Income Tax Assessment Act 1936 had not been made, but any power or function conferred by any Act may be exercised or performed after the commencement of this section in relation to that act or thing as if that act or thing had been done by the Secretary to the Department of Health or by a delegate of the Secretary to the Department of Health, as the case may be. STATUTE LAW (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1984 No. 165, 1984
-SCHEDULE 1
SCH SCHEDULE 1 Section 3 AMENDMENTS OF ACTS Aboriginal Councils and Associations Act 1976 Section 3 (paragraph (a) of the definition of "Aboriginal association") After "Aboriginals", insert "and spouses of Aboriginals".
Section 3 (definition of "disposable estate or interest")- Omit the definition.
After the definition of "Registrar" in section 3-
Insert the following definition:
" 'spouse', in relation to an Aboriginal, includes a person who, although not legally married to the Aboriginal, is living with the Aboriginal as the Aboriginal's spouse on a permanent and bona fide domestic basis;".
Paragraph 19 (3 (c)-
Omit the paragraph, substitute the following paragraph:
"(c) may acquire, hold and dispose of real and personal property; and".
Paragraph 19 (3) (d)- Omit the paragraph.
Paragraph 29 (b)-
Omit all the words after "over", substitute "all or any of the property of the Council;".
Paragraph 46 (1) (c)-
Omit the paragraph, substitute the following paragraph:
"(c) may acquire, hold and dispose of real and personal property; and".
Paragraph 46 (1) (d)- Omit the paragraph.
Sub-section 49 (1)- After "an Aboriginal" insert ", or the spouse of an Aboriginal,".
After section 49-
Insert the following section: Provision in rules for conferral of specified rights of membership on persons not entitled to become members
"49A. (1) Where more than 75% of the members of an Aboriginal association agree, the Rules referred to in sub-section 43 (2) may provide for the conferring of specified rights of membership of the association (other than the right to vote at meetings of the association and the right to stand for election to the Governing Committee of the association) on persons not entitled to become members of the association.
"(2) Where more than 75% of the members of an Incorporated Aboriginal Association agree, the Rules of the Association may, subject to section 54 and the requirements of the Rules relating to alteration of the Rules, be altered to provide for the conferring of specified rights of membership of the Association (other than the right to vote at meetings of the Association and the right to stand for election to the Governing Committee of the Association) on persons not entitled to become members of the Association.".
Paragraph 51 (b)-
Omit all the words after "over", substitute "all or any of the property of the Association".
After section 59-
Insert the following section: Exemption from section 59 in certain circumstances
"59A. (1) Where the Registrar is satisfied that it would be impracticable for an Incorporated Aboriginal Association to comply with the requirements of section 59, or that the application of those requirements to an Incorporated Aboriginal Association would be unduly onerous, the Registrar may, by writing, exempt the Association, wholly or in part, from those requirements.
"(2) Where the Registrar has, in an instrument issued under sub-section (1), exempted an Incorporated Aboriginal Association, in whole or in part, from the requirements of section 59, the Registrar may, in the instrument, require that Association to comply with such requirements as to the keeping of accounts and records, and the preparation and filing of reports and statements prepared from those accounts and records, as the Registrar thinks appropriate in view of the exemption that has been granted, and that Association shall comply with the requirement.
Penalty: $50.".
Sub-section 60 (1)-
After "sub-section 59 (1)" insert ", or pursuant to a requirement of the Registrar under sub-section 59A (2),".
Paragraph 61 (1) (a)-
After "section 59" insert ", or under a requirement of the Registrar under sub-section 59A (2)".
Paragraph 61 (1) (b)-
After "sub-section 59 (4)" insert ", or filed in compliance with a requirement of the Registrar under sub-section 59A (2),".
Sections 66, 78 and 78A-Repeal the sections.
Acoustic Laboratories Act 1948 Section 2 (definition of "the Director-General")-
Omit the definition, substitute the following definition:
" 'Secretary' means the Secretary to the Department of Health;".
Sections 3 and 5 and paragraph 6 (a)- Omit "Director-General" (wherever occurring), substitute "Secretary".
Acts Interpretation Amendment Act 1984 Section 19- Omit " 'made' ", substitute " 'made,' ".
Aged or Disabled Persons Homes Act 1954 After the definition of "local governing body" in sub-section 2 (1)-
Insert the following definition:
" 'Secretary' means the Secretary of the Department;".
Sub-section 2 (1) (definition of "the Director-General")- Omit the definition.
Section 10A (definition of "respite care bed")- Omit "Director-General", substitute "Secretary".
Archives Act 1983 Sub-section 44 (3)- Omit "sub-section (5)", substitute "sub-section (7)".
Paragraph 71 (d)- Omit "and".
Section 71-
Add at the end thereof the following word and paragraph:
"; and (f) making records not forming part of the archival resources of the Commonwealth available to the Commonwealth institution from which they were received or to the Commonwealth institution that has succeeded to the relevant functions of that institution.".
Australian Shipping Commission Amendment Act 1983 Schedule- Australian Wine and Brandy Corporation Act 1980 Sub-section 14 (5)-
Omit the sub-section, substitute the following sub-section:
"(5) The Minister may, by writing, extend to a day not later than 30 June 1986 the period for which a member (other than a member referred to in paragraph 13 (1) (g)) who held office on 30 June 1984 is entitled (including by reason of a previous extension) to hold that office, and, where the Minister so extends the term of office of a member that would, but for the extension, have expired on 30 June 1984-
(a) the member shall be deemed to have held that office at all times during the period from that 30 June to the time when the extension was given; and
(b) any act or thing done by the member during the period referred to in paragraph (a) shall be deemed to have been as validly done as if the extension had been given before that act or thing was done.".
Broadcasting and Television Act 1942 Sub-sections 100 (6), (7), (8) and (9)- Omit "Director-General of Health" (wherever occurring), substitute "Secretary to the Department of Health".
Commonwealth Employees (Redeployment and Retirement) Act 1979 Sub-section 3 (1) (paragraphs (a), (b) and (d) of the definition of "prescribed Commonwealth authority")-