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AUSTRALIAN HERITAGE COMMISSION AMENDMENT ACT 1976

No. 135 of 1976

An Act to amend the Australian Heritage Commission Act 1975.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: —

Short title and citation.
1. (1) This Act may be cited as the Australian Heritage Commission Amendment Act 1976.
(2) The Australian Heritage Commission Act 1975 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Australian Heritage Commission Act 1975-1976.

Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.
3. Section 3 of the Principal Act is amended—
     (a) by inserting in sub-section (1), before the definition of "Australia", the following definition:—
         "'Aboriginals' means persons who are—
             (a) members of the Aboriginal race of Australia; or
             (b) members of the race to which Torres Strait Islanders belong;"; and
     (b) by omitting from sub-section (1) the definition of "representative Commissioner" and substituting the following definition:—
         "'representative Commissioner' means a Commissioner whose appointment is authorized by sub-section 12(1a);".

Functions of Commission.
4. Section 7 of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:—
     "(a) to furnish advice to the Minister, either of its own motion or upon request made to it by the Minister, on matters relating to the national estate, including advice relating to action to conserve, improve and present the national estate;".

Consultation by Commission.
5. Section 8 of the Principal Act is amended—
     (a) by inserting, after the word "authorities" (first occurring), the words "of the Commonwealth and"; and
     (b) by adding at the end thereof the words "and, in particular, without limiting the generality of the foregoing, shall consult with the Director of National Parks and Wildlife in relation to any matter that concerns the establishment or management of a park or reserve under the National Parks and Wildlife Conservation Act 1975".

Membership of Commission.
6. (1) Section 12 of the Principal Act is amended—
     (a) by omitting sub-section (1) and substituting the following sub-sections:—
         "(1) The Commission shall consist of—
             (a) the Chairman; and
             (b) not fewer than 4 nor more than 6 other Commissioners.
    "(1a) A person who is the Permanent Head of a Department or the Chairman of an authority of the Commonwealth may be appointed as a Commissioner, but not more than 2 such persons shall hold office as Commissioners at the one time.";

     (b) by omitting from sub-section (5) the words "in paragraph (1)(c)" and substituting the words "in paragraph (1)(b), other than representative Commissioners";
     (c) by omitting from paragraph (a)