Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Judiciary Amendment Bill 1998
Schedule 3 Consequential amendments

   

Aboriginal Councils and Associations Act 1976

1  Subsection 27(5)

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Registrar”.

2  Subsection 27(5)

Omit “Secretary or by a person so authorized”, substitute “Registrar”.

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

3  Subsection 10(1)

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Chief Executive Officer of the Aboriginal and Torres Strait Islander Commission”.

4  Subsection 10(1)

Omit “Secretary or a person so authorised”, substitute “Chief Executive Officer of the Aboriginal and Torres Strait Islander Commission”.

Administrative Decisions (Judicial Review) Act 1977

5  At the end of Schedule 1

Add:

                  ; (za)  decisions under Part VIIIB of the Judiciary Act 1903 (which relates to the Australian Government Solicitor).

Defence (Visiting Forces) Act 1963

6  Subsection 28(1)

Repeal the subsection, substitute:

             (1)  The Attorney-General may, in relation to a matter, or to a State, Territory or other part of Australia, delegate in writing all or any of the Attorney-General’s powers and functions under this Act to an officer holding or performing the duties of a Senior Executive Service office in the Attorney-General’s Department.

7  Subsection 28(2)

Repeal the subsection.

Director of Public Prosecutions Act 1983

8  Paragraph 11(1)(b)

Omit “a person authorized under subsection 55E(4) of the Judiciary Act 1903 ”, substitute “the Chief Executive Officer of the Australian Government Solicitor”.

9  Paragraph 15(1)(f)

Repeal the paragraph, substitute:

                      (f)  by the Australian Government Solicitor.

10  Subsection 15(2)

Repeal the subsection.

11  Subsection 15(3) (definition of prescribed person )

Repeal the definition.

12  Subsection 32(1)

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Chief Executive Officer of the AGS for the AGS”.

13  Paragraph 32(1)(a)

Omit “relevant person”, substitute “AGS”.

14  Paragraph 32(1)(b)

Repeal the paragraph.

15  Subsection 32(3)

Omit all the words from and including “a person” to and including “Department” (first occurring), substitute “the AGS”.

16  Paragraph 32(3)(b)

Omit all the words after “arrangement” (second occurring).

17  At the end of section 32

Add:

             (4)  In this section:

AGS has the meaning it has in Part VIIIB of the Judiciary Act 1903 .

Note:       The heading to section 32 is altered by omitting “ Crown Solicitor ” and substituting “ the Australian Government Solicitor ”.

Freedom of Information Act 1982

18  Part I of Schedule 2

Insert in its appropriate alphabetical position:

Australian Government Solicitor

19  Division 1 of Part II of Schedule 2 (at the end of the entry for the Attorney-General’s Department)

Add “and in relation to documents in respect of commercial activities undertaken by the Australian Government Solicitor”.

20  Division 1 of Part II of Schedule 2 (entry for the Australian Government Solicitor)

Repeal the entry.

Lands Acquisition Act 1989

21  Subsections 38(1) and 51(1), subparagraphs 55(2)(e)(ii) and 65(1)(b)(ii) and subsection 123(3)

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Secretary to the Department”.

22  Section 87

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ” (wherever occurring), substitute “Secretary to the Department”.

23  Subparagraph 87(1)(d)(ii)

Omit “or a person so authorised”.

Lands Acquisition (Northern Territory Pastoral Leases) Act 19 81

24  Subsection 9(1)

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Secretary to the Department”.

25  Subsection 9(1)

Omit “or by a person so authorized”.

National Parks and Wildlife Conservation Act 1975

26  Section 8

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Director”.

27  Section 8

Omit “Secretary or by a person so authorized”, substitute “Director”.

Northern Territory (Self-Government) Act 1978

28  Subsection 70(7)

Omit all the words from and including “Secretary” to and including “ Judiciary Act 1903 ”, substitute “Secretary to the Department”.

29  Subsection 70(7)

Omit “or by a person so authorized”.