Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p11
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 11/17)
Character Range: 51593–54409

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                         SCHEDULE 2 Section 74

AMENDMENTS OF OTHER ACTS

PART 1

Audit Act 1901

Section 2ab:

  Add at the end the following subsection:

"(5) Subsection (1) applies in relation to the Australian Federal Police as if the reference to the Secretary were a reference to the Commissioner of Police and a reference to a Department were a reference to the Australian Federal Police.".

After subsection 53a (2):

  Insert the following subsection:

"(2a) For the purposes of subsection (1), the relevant authority in relation to the Australian Federal Police is the Minister administering the Australian Federal Police Act 1979.".

Subsection 70aa (1) (definition of "officer"):

Insert in paragraph (g) of the definition ", staff member" after "a member".

Subsection 70aa (1) (definition of "Permanent Head"):

Insert in paragraph (g) of the definition, ", staff member" after "a member".

SCHEDULE 2—continued

Australian Antarctic Territory Act 1954

Section 4:

  Insert the following definition:

" 'criminal laws' means any laws (whether written, unwritten, substantive or procedural) relating to offences, whether indictable or not, including laws about:

   (a) the investigation of offences; and

     (b) the punishment of offenders, including the penalties or loss of benefits to which offenders are liable; and

   (c) the forfeiture and confiscation of the proceeds of crime;

and any laws providing for the interpretation of such laws;".

Subsection 6 (1):

  After "the laws" insert "(other than the criminal laws)".

Subsection 6 (2):

  Omit the subsection, substitute the following subsections:

"(2) Subject to this Act, the criminal laws in force from time to time in the Jervis Bay Territory are, by virtue of this section (so far as they are applicable to the Territory and are not inconsistent with an Ordinance) in force in the Territory as if the Territory formed part of the Jervis Bay Territory.

"(3) Subsection (1) does not extend to a law in force in the Australian Capital Territory, if that law is an Act or a provision of an Act other than:

  (a) section 6 of the Seat of Government Acceptance Act 1909; and

     (b) sections 3, 4 and 12c of the Seat of Government (Administration) Act 1910 and the Schedule to that Act.

"(4) Subsection (2) does not extend to a criminal law in force in the Jervis Bay Territory if that law is an Act or a provision of an Act.".

Section 7:

  Repeal the section, substitute the following section:

Powers and functions under applied laws

"7. (1) Subject to subsection (2), where a power or function is vested in a person or authority (other than a court) by a law in force in the Territory under section 6, the power or function is, in relation to the Territory,