Document ID: chunk:federal_register_of_legislation:C2004A04938:body:0:p48
Version: federal_register_of_legislation:C2004A04938
Segment Type: other
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Character Range: 125366–128156

and Consumer".

Refusal to be sworn or to answer questions

74. Section 161 of the Principal Act is amended by omitting from subsection (2) "a person" and substituting "an individual".

Jurisdiction of Court to make declarations and orders

75. Section 163A of the Principal Act is amended:

    (a) by omitting from subsection (2) "The Minister" and substituting "Subject to subsection (2A), the Minister";

    (b) by inserting after subsection (2):

    "(2A) Subsections (1) and (2) do not permit the Minister:

        (a) to institute a proceeding seeking a declaration, or an order described in paragraph (1)(b), that relates to Part IV; or

        (b) to intervene in a proceeding so far as it relates to a matter that arises under Part IV.".

Judicial notice

76. Section 167 of the Principal Act is amended by omitting from paragraph (1)(a) "Chairman, Deputy Chairman, " and substituting "Chairperson, Deputy Chairperson, ".

Amendments of other Acts

77. The Acts specified in Schedule 3 are amended as set out in that Schedule.

Division 2—Transitional rules

Government rail transport of coal not covered by access system for first 5 years

78.(1) For the period of 5 years after the commencement of section 59, a government coal-carrying service is not a service for the purposes of Part IIIA of the Principal Act.

(2) In this section:

"government coal-carrying service" means a service of carrying coal by rail, where the provider of the service is a State or a Territory or an authority of a State or a Territory.

PART 4—AMENDMENTS COMMENCING AT THE THIRD COMMENCEMENT TIME

Amendment of Prices Surveillance Act: insertion of feminine pronouns

79. The Prices Surveillance Act 1983 is amended so that:

    (a) every occurrence of "he" is followed once by "or she";

    (b) every occurrence of "him" is followed once by "or her";

    (c) every occurrence of "himself" is followed once by "or herself";

    (d) every occurrence of "his" is followed once by "or her".

PART 5—AMENDMENTS COMMENCING AT THE FOURTH COMMENCEMENT TIME

Division 1—Amendments

Application of Act to Commonwealth and Commonwealth authorities

80. Section 2A of the Principal Act is amended by omitting subsection (3) and substituting:

"(3) Nothing in this Act makes the Crown in right of the Commonwealth liable to a pecuniary penalty or to be prosecuted for an offence.

"(3A) The protection in subsection (3) does not apply to an authority of the Commonwealth.".

Insertion of new sections

81. After section 2A of the Principal Act the following sections are inserted:

Application of Act to States and Territories

"2B.(1) Part IV, and the other provisions of this Act so far as they relate to Part IV, bind the Crown in right of each of the States, of the Northern Territory and of