Document ID: chunk:federal_register_of_legislation:C2004A01519:body:0:p3
Version: federal_register_of_legislation:C2004A01519
Segment Type: other
Provision Reference: 
Character Range: 4816–7588

omitting sub-section (7).

Determination of applications for authorizations.
10. Section 90 of the Principal Act is amended—

    (a) by omitting from sub-section (2) the words "or any other person" and substituting the words ", by the Commonwealth, by a State or by any other person";

    (b) by omitting from sub-section (5) the words "Subject to sub-sections (9) and (11)" and substituting the words "Subject to sub-section (9)";

    (c) by omitting from sub-section (6) the words "prescribed date" and substituting the words "date on which the application is received by the Commission";

    (d) by omitting from sub-section (9) the words "Subject to sub-section (10), where—" and substituting the word "Where—"; and

(e) by omitting sub-sections (10), (11), (12), (13) and (14).

Applications for review.
11. Section 101 of the Principal Act is amended by omitting from sub-section (1) the word and figures "or (11)".

Representation.
12. Section 110 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraphs:—

"(a) a natural person may appear in person;

     "(aa) a person other than a body corporate may be represented by an employee of the person approved by the Tribunal;

Interpretation
13. Section 111 of the Principal Act is amended by omitting from the definition of "Australian flag shipping operator" in sub-section (1) the words "a law of Australia" and substituting the words "a law of the Commonwealth".

Institution of prosecutions.
14. Section 140 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:—

"(1) For the purpose of proceedings before the Court for an offence against this Part, the references in paragraph 163(4)(b) to the Minister shall be read as references to the Minister administering this Part.

15. After section 163 of the Principal Act the following section is inserted:—

Jurisdiction of Court to make declarations and orders.
"163a. (1) Subject to this section, a person may institute a proceeding in the Court seeking, in relation to a matter arising under this Act, the making of—
    (a) a declaration in relation to the operation or effect of any provision of this Act other than Division 2 of Part V or in relation to the validity of any act or thing done, proposed to be done or purporting to have been done under this Act; or

(b) an order by way of, or in the nature of, prohibition, certiorari or mandamus,
    or both such a declaration and such an order, and the Court has jurisdic­tion to hear and determine the proceeding.

"(2) The Minister may institute a proceeding in the Court under this section and may intervene in any proceeding instituted in the Court under this section or in a proceeding instituted in any