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

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

No. 26 of 1982

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE ACTS INTERPRETATION ACT 1901

3. Principal Act 4. Regulations PART III—AMENDMENTS OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

5. Principal Act 6. Interpretation 7. Establishment of Tribunal 8. Repeal of section 6 and substitution of new section— 6. Appointment of members of Tribunal 9. Qualifications for appointment 10. Repeal of section 8 and substitution of new section— 8. Term of appointment 11. Repeal of section 9 and substitution of new section— 9. Remuneration and allowances 12. Acting appointments 13. Delegation 14. Insertion of new section— 10b. Oath or affirmation of office TABLE OF PROVISIONS—continued Section 15. Repeal of section 11 and substitution of new section— 11. Outside employment 16. Removal from office 17. Constitution of Tribunal for exercise of powers 18. Reconstitution of Tribunal in certain cases 19. Member presiding 20. Tribunal may review certain decisions 21. Tribunal may review decisions as provided by Schedule 1 22. Person affected by decision may obtain reasons for decision 23. Manner of applying for review 24. Parties to proceeding before Tribunal 25. Insertion of new section— 30a. Intervention by Attorney-General 26. Procedure of Tribunal 27. Conferences 28. Hearings to be in public except in special circumstances 29. Certain documents and information not required to be disclosed 30. Certain questions not required to be answered 31. Lodging of material documents with Tribunal 32. Operation and implementation of a decision that is subject to review 33. Review by Tribunal 34. Return of documents, &c., at completion of proceeding 35. Sending of documents to, and disclosure of documents by, the Federal Court of Australia 36. Insertion of new section— 62a. False or misleading evidence 37. Amendments with respect to Schedule 38. Schedule 2 39. Transitional provision with respect to existing members 40. References to members in other enactments PART IV—AMENDMENTS OF THE AGED PERSONS HOSTELS ACT 1972 41. Principal Act 42. Title 43. Short title 44. Interpretation 45. Approval of hostels 46. Amounts of grants 47. Grants for furnishings 48. Transfer of rights in respect of persons 49. Terms and conditions of grants 50. Period of operation 51. Further grants under Aged or Disabled Persons Homes Act PART V—AMENDMENTS OF THE ASHMORE AND CARTIER ISLANDS ACCEPTANCE ACT 1933 52. Principal Act 53. Tabling of Ordinances PART VI—AMENDMENTS OF THE AUDIT ACT 1901 54. Principal Act 55. Commonwealth Public Account 56. Delegation by Minister PART VII—AMENDMENTS OF THE AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 57. Principal Act 58. Tabling of Ordinances in Parliament TABLE OF PROVISIONS—continued Section PART VIII—AMENDMENTS OF THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 59. Principal Act 60. Interpretation 61. Establishment of Supreme Court 62. Appointment and tenure of Judges 63. Acting Chief Justice 64. Arrangement of business of Court 65. Salary and allowances of Judges 66. Oath of allegiance and office by Judge 67. Rules of Court 68. Seal 69. Transitional provisions PART IX—AMENDMENT OF THE AUSTRALIAN SHIPPING COMMISSION ACT 1956 70. Principal Act 71. Schedule PART X—AMENDMENTS OF CERTAIN BOUNTY ACTS 72. Amendments of certain Bounty Acts PART XI—AMENDMENTS OF THE CENSUS AND STATISTICS AMENDMENT ACT (No. 2) 1981 73. Principal Act 74. Statistics 75. Australian Statistician PART XII—AMENDMENTS OF THE CHRISTMAS ISLAND ACT 1958 76. Principal Act 77. Tabling of Ordinances in Parliament PART XIII—AMENDMENTS OF THE COCOS (KEELING) ISLANDS ACT 1955 78. Principal Act 79. Laying of Ordinances before the Parliament PART XIV—AMENDMENTS OF THE COMMONWEALTH TEACHING SERVICE ACT 1972 80. Principal Act 81. Officers 82. Employees 83. Promotions Appeal Boards PART XV—AMENDMENTS OF THE COMPANIES ACT 1981 84. Principal Act 85. Insertion of new section— 16a. Investigation of certain matters 86. Cancellation or suspension of registration 87. Interpretation 88. Alterations of provisions of memorandum 89. Copies of memorandum and articles 90. Application by recognised company for registration under Division TABLE OF PROVISIONS—continued Section 91. Application by foreign company for registration under Division 92. Redeemable preference shares 93. Commission to be informed of special rights carried by, or division or conversion of, shares 94. Company financing dealings in its shares, & c. 95. Register of options 96. Company to keep register of substantial shareholders 97. Powers of Court with respect to defaulting substantial shareholder 98. Register of debenture holders and copies of trust deed 99. Branch registers 100. Obligations of borrowing corporation 101. Loss or destruction of certificates 102. Charges required to be registered 103. Company to keep documents relating to charges and register of charges 104. Registration under Instruments Ordinance 1933 105. Insertion of new section— 215a. Charges created before commencement of this Act 106. Register of directors' shareholdings, &c. 107. Register of directors, principal executive officers and secretaries 108. Statutory meeting and statutory report 109. Resolutions of exempt proprietary companies 110. Lodgment with the Commission, &c., of copies of certain resolutions and agreements 111. Inspection of minute books 112. Inspection and closing of register 113. Branch registers 114. Provisions for facilitating reconstruction and amalgamation of corporations 115. Functions of committee of management and appointment of deputy official manager 116. Liability as contributories of present and past members 117. Certain notices to be lodged with Commission 118. Effect of voluntary winding up 119. Liquidator's accounts 120. Member of committee not to accept extra benefit 121. Agents 122. Notice to be filed where documents, & c, altered 123. Service of documents on company 124. Address of registered office, principal office, &c. 125. Continuing offences 126. Power of Court to prohibit payment or transfer of moneys, securities or other property 127. Injunctions 128. Schedule 1 PART XVI—AMENDMENTS OF THE COMPANIES (ACQUISITION OF SHARES) ACT 1980 129. Principal Act 130. Provisions relating to acquisition and disposal of, and entitlement to, shares, and associated persons 131. Miscellaneous provisions relating to orders 132. Power of Commission to declare acquisition of shares or other conduct to be unacceptable 133. Insertion of new section— 60a. Power of Commission to make certain orders PART XVII—AMENDMENTS OF THE CONSULAR PRIVILEGES AND IMMUNITIES ACT 1972 134. Principal Act 135. Provision relating to exemption from customs duties PART XVIII—AMENDMENTS OF THE COPYRIGHT ACT 1968 136. Principal Act 137. Interpretation TABLE OF PROVISIONS—continued Section 138. Repeal of section 138 and substitution of new section— 138. Constitution of Tribunal 139. Repeal of section 140 and substitution of new section— 140. Qualifications of members 140. Tenure of office 141. Acting President 142. Repeal of section 143 and substitution of new section— 143. Remuneration and allowances 143. Removal from office for failure to disclose interest 144. Sittings of the Tribunal 145. President to arrange business of Tribunal PART XIX—AMENDMENTS OF THE CORAL SEA ISLANDS ACT 1969 146. Principal Act 147. Tabling of Ordinances PART XX-AMENDMENTS OF THE DIPLOMATIC PRIVILEGES AND IMMUNITIES ACT 1967 148. Principal Act 149. Limitation on exemption from customs duties PART XXI—AMENDMENTS OF THE ENVIRONMENT PROTECTION (IMPACT OF PROPOSALS) ACT 1974 150. Principal Act 151. Orders to be notified and may be disallowed PART XXII—AMENDMENTS OF THE ENVIRONMENT PROTECTION (NUCLEAR CODES) ACT 1978 152. Principal Act 153. Codes of practice to be notified and may be disallowed PART XXIII—AMENDMENT OF THE FEDERAL COURT OF AUSTRALIA ACT 1976 154. Principal Act 155. Rules of Court PART XXIV—AMENDMENTS OF THE HEARD ISLAND AND MCDONALD ISLANDS ACT 1953 156. Principal Act 157. Laying of Ordinances before the Parliament PART XXV—AMENDMENT OF THE IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 158. Principal Act 159 Restrictions on disembarking from certain vessels PART XXVI—AMENDMENT OF THE JUDICIARY ACT 1903 160. Principal Act 161. Repeal of section 87 and substitution of new section— 87. Application of sections 48, 49 and 50 of the Acts Interpretation Act 1901 TABLE OF PROVISIONS—continued Section PART XXVII—AMENDMENT OF THE MINERALS (SUBMERGED LANDS) (REGISTRATION FEES) ACT 1981 162. Principal Act 163. Imposition of registration fees PART XXVIII—AMENDMENTS OF THE NORFOLK ISLAND ACT 1979 164. Principal Act 165. Laying of certain Ordinances before the Parliament PART XXIX—AMENDMENT OF THE NURSING HOMES ASSISTANCE ACT 1974 166. Principal Act 167. Moneys from which payments under this Act to be made PART XXX—AMENDMENTS OF THE PARLIAMENTARY ALLOWANCES ACT 1952 168. Principal Act 169. Allowances to Senators 170. Allowances to members of the House of Representatives 171. Allowances to President, Speaker and Chairman of Committees 172. Repeal PART XXXI—AMENDMENTS OF THE PATENTS ACT 1952 173. Principal Act 174. Interpretation 175. References to prescribed court 176. Crown to be bound 177. Priority date of complete specification 178. Voluntary division of patents 179. Repeal of section 113 and substitution of new section— 113. Infringement action may be instituted in a prescribed court 180. Declaration as to non-infringement 181. Groundless threats of legal proceedings 182. Repeal of section 132 and substitution of new section— 132. Interpretation 183. Insertion of new section— 135a. Regulations with respect to the professional conduct of patent attorneys 184. Jurisdiction of prescribed courts 185. Transfer of proceedings 186. Appeals 187. Application for review 188. Fees 189. Regulations 190. Formal amendments 191. Transitional 192. Compensation PART XXXII—AMENDMENTS OF THE PUBLIC SERVICE ACT 1952 193. Principal Act 194. Determination of matters by reference to other instruments 195. Regulations 196. Amendment of Schedule 3 TABLE OF PROVISIONS—continued Section PART XXXIII—AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1973 197. Principal Act 198. Salaries and allowances of certain office holders 199. Travelling allowances payable to holders of certain offices 200. Schedule PART XXXIV—AMENDMENTS OF THE ROYAL COMMISSIONS ACT 1902 201. Principal Act 202. Repeal of section 6dd and substitution of new section— 6dd. Statements made by witness not admissible in evidence against him 203. Insertion of new sections— 7a. Effect of Royal Commissioner having authority to inquire under foreign law 7b. Commission may take evidence outside Australia 7c. Statements made by witness not admissible in evidence against him 204. Evidence of issue of Commission, &c. PART XXXV—AMENDMENTS OF THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910 205. Principal Act 206. Ordinances PART XXXVI—AMENDMENTS OF THE SECURITIES INDUSTRY ACT 1980 207. Principal Act 208. Interpretation 209. Disclosure to Commission 210. Power of Court to make certain orders 211. Use by dealer of clients' moneys 212. Power of Court to restrain dealings with dealer's bank accounts 213. Power of Court to prohibit payment or transfer of moneys, securities or other property PART XXXVII—AMENDMENT OF THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT 1981 214. Principal Act 215. Persons entitled to enrolment and to vote PART XXXVIII—AMENDMENTS OF THE STATUTE LAW REVISION ACT 1981 216. Principal Act 217. Schedule 1 PART XXXIX—AMENDMENTS OF THE STUDENT ASSISTANCE ACT 1973 218. Principal Act 219. Title of Principal Act 220. Benefits provided under this Act 221. Interpretation 222. Repeal of Part II 223. Grant of Tertiary Education Assistance 224. Benefit under Tertiary Education Assistance Grants 225. Repeal of sections 12 and 13 226. Grant of Post-graduate Awards 227. Benefit under Post-graduate Awards 228. Repeal of section 16 TABLE OF PROVISIONS—continued Section 229. Repeal of section 19 and substitution of new section— 19. Remuneration and allowances 230. Termination of appointment 231. Repeal of section 21 and substitution of new section— 21. Resignation 232. Request for review by Tribunal 233. Insertion of new sections— 25a. Constitution of Tribunal 25b. Disclosure of interests by members 234. Powers of Tribunal with respect to decision under review 235. Procedure of Tribunal to be informal, &c. 236. Repeal of section 29 and substitution of new sections— 29. Hearings to be in public except in special circumstances 29a. Opportunity to make submissions concerning evidence 237. Insertion of new section— 30a. Request for reconsideration or review may be made on behalf of person