Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:1:p6
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 1 (pt 6/48)
Character Range: 210621–213411

to sub-section (2), sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)), 49 and 50 of the Acts Interpretation Act 1901 apply in relation to determinations as if, in those sections, references to regulations were references to determinations and references to a regulation were references to a provision of a determination.
"(2) Determinations are not statutory rules within the meaning of the Statutory Rules Publication Act 1903.

Evidence
"11b. For the purposes of section 5 of the Evidence Act 1905, a determination shall be deemed to be an order made by a Minister.

SCHEDULE 1—continued

Delegation
"11c. (1) The Governor-General may, by writing signed by the Governor-General, delegate to the Minister or an officer of the Australian Public Service performing duties in the Department all or any of the Governor-General's powers under this Act, other than this power of delegation.
"(2) The Minister may, by writing signed by the Minister, delegate to an officer of the Australian Public Service performing duties in the Department all or any of the Minister's powers under this Act, other than this power of delegation.
"(3) A delegation under this section may be made generally or as otherwise provided by the instrument of delegation.
"(4) A power delegated under this section shall, when exercised by the delegate, be deemed, for the purposes of this Act, to have been exercised by the person who made the delegation.
"(5) A delegation under this section does not prevent the exercise of a power by the person who made the delegation.
"(6) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation, but, for the purposes of the application of sub-section 33 (3) of the Acts Interpretation Act 1901 to a delegation under this section, nothing in this Act shall be taken to preclude the revocation or variation of the delegation by the same or a subsequent holder of the office.".

Trade Marks Act 1955

Section 18 and sub-section 98 (1)—
Omit "Penalty: Imprisonment for 3 years.", substitute the following:
"Penalty:
     (a) in the case of a natural person—$5,000 or imprisonment for 2 years, or both; or
     (b) in the case of a body corporate—$25,000.".

Sub-section 99 (1)—
Omit "Penalty: $200.", substitute the following:
"Penalty:
     (a) in the case of a natural person—$1,000; or
     (b) in the case of a body corporate—$5,000.".

Section 100
Omit "Penalty: $200.", substitute the following:
     "Penalty:
     (a) in the case of a natural person—$1,000; or
     (b) in the case of a body corporate—$5,000.".

Section 102—
Repeal the section, substitute the following section:

Aiding and abetting offences
"102. (1) A person who aids, abets,