Federal Register of Legislation - Australian Government

Primary content

Commonwealth Functions (Statutes Review) Act 1981

Authoritative Version
Act No. 74 of 1981 as amended, taking into account amendments up to Act No. 16 of 1990
An Act to implement certain changes in Commonwealth functions
Administered by: Treasury
Start Date 17 Jan 1990

Commonwealth Functions (Statutes Review) Act 1981

Act No. 74 of 1981 as amended

This compilation was prepared on 18 September 2001
taking into account amendments up to Act No. 16 of 1990

[Note: Some provisions of this Act are not in force, see Note 2]

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

  

  

  


Contents

Part I—Preliminary                                                                                                              1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

Part II—Australian Capital Territory                                                                      3

Division 1—Agents                                                                                                         3

3............ Repeal................................................................................................. 3

Division 2—Architects                                                                                                 4

4............ Repeal................................................................................................. 4

Division 3—Canberra Commercial Development Authority                  5

5............ Interpretation....................................................................................... 5

6............ Application of Division....................................................................... 5

7............ Power of Authority to enter into agreement........................................ 5

8............ Power of Minister to give directions to Authority............................... 6

9............ Sale by transfer of assets of Authority to company............................. 7

10.......... Sale by direct transfer of assets........................................................... 8

11.......... Existing contracts................................................................................ 8

12.......... Pending proceedings........................................................................... 9

13.......... Consequences of agreement................................................................ 9

14.......... Winding up of Authority..................................................................... 9

15.......... Application of Commonwealth Employees (Redeployment and Retirement) Act     10

16.......... Registration of changes in title to land............................................... 10

17.......... Officers’ Rights Declaration Act....................................................... 11

Division 4—Canberra Retail Markets Trust                                                 13

18.......... Interpretation..................................................................................... 13

19.......... Application of Division..................................................................... 13

20.......... Power of Trust to enter into agreements............................................ 13

21.......... Power of Minister to give directions to Trust.................................... 14

22.......... Sale by transfer of assets of Trust to company.................................. 15

23.......... Sale by direct transfer of assets......................................................... 16

24.......... Existing contracts.............................................................................. 16

25.......... Pending proceedings......................................................................... 17

26.......... Application of Ordinance where Trust continues to operate one Market  17

27.......... Consequences of agreement.............................................................. 17

28.......... Winding up of Trust.......................................................................... 18

29.......... Application of Commonwealth Employees (Redeployment and Retirement) Act     18

30.......... Registration of changes in title to land............................................... 19

31.......... Officers’ Rights Declaration Act....................................................... 20

Division 5—Canberra Showground Trust                                                      21

32.......... Principal Ordinance........................................................................... 21

33.......... .......................................................................................................... 21

Division 6—Co‑operative societies                                                                      22

34.......... Principal Ordinance........................................................................... 22

35.......... Interpretation [see Note 2]................................................................. 22

36.......... Repeal of Part III [see Note 2].......................................................... 22

37.......... Amalgamation [see Note 2]............................................................... 22

38.......... Use of word co‑operative [see Note 2]............................................. 22

39.......... Transfer of engagements [see Note 2]............................................... 22

40.......... Dealings with members and applicants [see Note 2]......................... 22

Division 7—Lakes                                                                                                         23

41.......... Principal Ordinance........................................................................... 23

42.......... Interpretation..................................................................................... 23

43.......... .......................................................................................................... 23

44.......... Powers to charge for admission........................................................ 24

Division 8—Landlord and Tenant                                                                       25

45.......... Principal Ordinance........................................................................... 25

46.......... Interpretation..................................................................................... 25

47.......... Repeal............................................................................................... 25

48.......... Cessation of application of determinations........................................ 25

49.......... Lessor to furnish information to lessee............................................. 25

50.......... Application of Division..................................................................... 25

51.......... Repeal............................................................................................... 25

52.......... Repeal............................................................................................... 26

53.......... Certain payments prohibited.............................................................. 26

54.......... Repeal............................................................................................... 26

55.......... Repeal............................................................................................... 26

56.......... Heading to Part IIA........................................................................... 26

57.......... Rent increases in relation to prescribed premises.............................. 26

58.......... Repeal............................................................................................... 26

59.......... Application to limited class of premises............................................ 26

60.......... Exclusion of premises let for a short‑term from operation of Part..... 27

61.......... Exclusion of certain premises from operation of Part........................ 27

62.......... Information to be furnished on request............................................. 27

63.......... Powers of entry and inspection......................................................... 27

64.......... Proof of instruments......................................................................... 27

65.......... Service of notices etc......................................................................... 27

Division 9—Life Insurance Holding Companies                                          28

66.......... Repeal of Ordinances........................................................................ 28

Division 10—Milk Authority                                                                                  29

67.......... Principal Ordinance........................................................................... 29

68.......... Interpretation..................................................................................... 29

69.......... Inspectors.......................................................................................... 29

70.......... .......................................................................................................... 29

71.......... Functions of Authority...................................................................... 30

72.......... .......................................................................................................... 30

73.......... Powers of Authority......................................................................... 32

74.......... .......................................................................................................... 32

75.......... Saving............................................................................................... 33

Division 11—Nature Conservation                                                                     34

76.......... Principal Ordinance........................................................................... 34

77.......... Interpretation..................................................................................... 34

78.......... Termination of office of Conservator................................................ 34

79.......... Repeal............................................................................................... 34

Division 12—Prices Regulation                                                                             35

80.......... Repeal............................................................................................... 35

Division 13—Rabbit destruction                                                                           36

81.......... Principal Ordinance........................................................................... 36

82.......... Amendment of Regulation................................................................ 36

83.......... Repeal of Regulations....................................................................... 36

Division 14—Sewerage rates                                                                                  37

84.......... Principal Ordinance........................................................................... 37

85.......... Interpretation..................................................................................... 37

86.......... Delegate and inspectors..................................................................... 37

87.......... Accounts for rates............................................................................. 37

88.......... Evidence............................................................................................ 37

Division 15—Surveyors                                                                                             38

89.......... Repeal............................................................................................... 38

Division 16—Trading hours                                                                                    39

90.......... Repeal............................................................................................... 39

Division 17—Water rates                                                                                         40

91.......... Principal Ordinance........................................................................... 40

92.......... Interpretation..................................................................................... 40

93.......... Reading of meters............................................................................. 40

94.......... Additional meter readings................................................................. 40

95.......... Meter not registering......................................................................... 40

96.......... Notice of results of meter readings.................................................... 41

97.......... Rates certificate where land metered.................................................. 41

98.......... Rates certificate where land unmetered or not connected to system of works           41

99.......... Testing of meters............................................................................... 41

100........ .......................................................................................................... 41

101........ Accounts for rates............................................................................. 41

102........ Special accounts for rates.................................................................. 41

103........ Closing or cutting off of water pipes for non‑payment of rates......... 42

104........ Entry of land by Delegate or meter reader......................................... 42

Division 18—Miscellaneous                                                                                     43

105........ Power to amend Ordinances and Regulations................................... 43

106........ Part to be deemed to be an Ordinance............................................... 43

Part III—Australian Postal Commission                                                               44

107........ Principal Act..................................................................................... 44

108........ Interpretation..................................................................................... 44

109........ Courier service.................................................................................. 44

110........ Protection from actions..................................................................... 44

111........ By‑laws............................................................................................. 44

112........ Regulations....................................................................................... 44

113........ Transitional....................................................................................... 44

Part V—Bankruptcy                                                                                                          46

122........ Principal Act..................................................................................... 46

123........ Duties etc. of trustee.......................................................................... 46

124........ Court may direct Official Trustee or registered trustee to take control of property before sequestration   47

125........ Proceedings and order on creditor’s petition..................................... 47

126........ Bankrupt’s statement of affairs......................................................... 48

127........ Debtor’s petition............................................................................... 48

128........ Debtor’s petition against partnership................................................. 50

129........ Debtor’s petition by joint debtors who are not partners.................... 51

130........ Vesting of property upon bankruptcy............................................... 52

131........ First meeting of creditors.................................................................. 52

132........ Public examination of bankrupt......................................................... 52

133........ Vesting and transfer of property....................................................... 53

134........ Discharge of bankrupt by operation of law....................................... 53

135........ Discharge by the Court..................................................................... 54

136........ .......................................................................................................... 55

137........ Appointment of trustees.................................................................... 56

138........ Appointment of more than one trustee etc......................................... 57

139........ .......................................................................................................... 57

140........ Solicitation by trustee........................................................................ 58

141........ Investment of surplus funds.............................................................. 58

142........ Trustee’s accounts and audit............................................................. 58

143........ Removal of trustee............................................................................ 58

144........ Trustee’s and solicitor’s duties and powers...................................... 58

145........ Payment of unclaimed moneys into Consolidated Revenue Fund..... 58

146........ Protection in respect of reports.......................................................... 59

147........ Protection in respect of trustees’ reports........................................... 59

Part VI—Commonwealth employees (compensation)                                   60

148........ Principal Act..................................................................................... 60

149........ Amendments of the Compensation (Commonwealth Government) Employees Act                60

150........ Interpretation..................................................................................... 60

151........ Review of existing determinations.................................................... 60

152........ Proceeding transferred to Administrative Appeals Tribunal.............. 63

153........ Extension of time.............................................................................. 64

154........ Lodging of material documents with Administrative Appeals Tribunal 65

155........ Saving provision relating to Federal Court of Australia.................... 65

Part VII—Commonwealth employees (payments of remuneration and allowances)       67

156........ Principal Act..................................................................................... 67

157........ .......................................................................................................... 67

Part VIII—Commonwealth teaching service                                                      69

158........ Principal Act..................................................................................... 69

159........ Interpretation..................................................................................... 69

160........ .......................................................................................................... 69

161........ .......................................................................................................... 71

162........ Officers............................................................................................. 72

163........ Employees......................................................................................... 73

164........ Leave of absence for service with a State or outside Australia.......... 74

165........ .......................................................................................................... 75

166........ Promotions Appeal Boards............................................................... 75

167........ Tenure of office................................................................................. 75

168........ Retirement on grounds of inefficiency or incapacity......................... 76

169........ Disciplinary action for misconduct.................................................... 76

170........ Disciplinary Appeals Board.............................................................. 76

171........ Interpretation..................................................................................... 77

172........ [see Note 2]....................................................................................... 77

173........ Payment of benefits under scholarships [see Note 2]........................ 77

174........ .......................................................................................................... 77

175........ Additional amendments..................................................................... 78

176........ Transitional and Saving..................................................................... 78

Part IX—Director‑General of Health                                                                      80

177........ Director‑General of Health to be medical practitioner....................... 80

Part X—Export expansion grants                                                                             81

178........ Principal Act..................................................................................... 81

179........ Interpretation..................................................................................... 81

180........ .......................................................................................................... 81

181........ Regulations....................................................................................... 82

Part XI—Export market development grants                                                    83

182........ Principal Act..................................................................................... 83

183........ Interpretation..................................................................................... 83

184........ Regulations....................................................................................... 83

Part XII—Foreign takeovers                                                                                        84

185........ Principal Act..................................................................................... 84

186........ Interpretation..................................................................................... 84

187........ Compulsory notification of transactions............................................ 84

Part XIV—Industries Assistance Commission                                                   85

203........ Principal Act..................................................................................... 85

204........ Reference of matters to Commission................................................. 85

205........ Temporary Assistance Authority...................................................... 85

206........ Validation of references made before commencement of Part........... 85

Part XV—Lands acquisition                                                                                         87

207........ Principal Act..................................................................................... 87

208........ Interpretation..................................................................................... 87

209........ .......................................................................................................... 87

210........ Modes of acquisition......................................................................... 87

211........ Disposal of land................................................................................ 87

Part XVI—Legislative Drafting Institute                                                              89

212........ Repeal............................................................................................... 89

213........ Interpretation..................................................................................... 89

214........ Transfer of rights, liabilities etc......................................................... 89

215........ Report on operations of Institute....................................................... 89

216........ Audit of financial statements............................................................. 90

217........ Report and financial statements to be laid before Parliament............. 90

218........ Officers’ Rights Declaration Act....................................................... 90

Part XVII—Navigation                                                                                                    91

Division 1—Navigation Act 1912                                                                         91

219........ Principal Act..................................................................................... 91

220........ Interpretation..................................................................................... 91

221........ .......................................................................................................... 91

222........ Certificate where seaman left behind................................................. 92

223........ Wages and effects of seaman left behind........................................... 92

Division 2—Navigation Amendment Act 1980                                             93

224........ Principal Act..................................................................................... 93

Division 3—Navigation Amendment Act 1981                                             94

229........ Principal Act..................................................................................... 94

Part XVIII—Prices Justification Tribunal                                                           95

231........ Repeal............................................................................................... 95

232........ Report on operations of Prices Justification Tribunal........................ 95

233........ Transfer of records............................................................................ 95

234........ Obligation of secrecy to continue...................................................... 96

235........ Officers’ Rights Declaration Act....................................................... 96

Part XIX—Procurement of goods, works and services                                97

236........ Principal Act..................................................................................... 97

237........ Amendment of title............................................................................ 97

238........ Heading............................................................................................. 97

239........ .......................................................................................................... 97

240........ Interpretation..................................................................................... 98

241........ Specification of requirement.............................................................. 98

242........ Heading............................................................................................. 98

243........ Tenders or quotations to be invited................................................. 100

244........ List of registered tenderers.............................................................. 100

245........ Postponement or cessation of action on tenders.............................. 100

246........ Heading........................................................................................... 100

247........ ........................................................................................................ 100

248........ Determination of Australian content of goods................................. 101

249........ Method of determination of origin of goods................................... 101

250........ Acceptance of tenders or quotations................................................ 101

251........ Publication of Australian content of goods..................................... 101

252........ Heading........................................................................................... 102

253........ Exemption from Part III or IV........................................................ 102

254........ Information to be furnished to Minister.......................................... 102

Part XX—Remuneration in respect of dual appointments                      103

255........ Principal Act................................................................................... 103

256........ ........................................................................................................ 103

Part XXI—Transport planning and research                                                  104

257........ Principal Act................................................................................... 104

258........ Interpretation................................................................................... 104

Part XXII—Urban public transport                                                                      105

259........ Principal Act................................................................................... 105

260........ Interpretation................................................................................... 105

261........ Transfer of part of maximum grant from one year to another.......... 105

262........ Additional amount to be allocated among States............................. 105

263........ Schedule.......................................................................................... 105

Part XXIII—Miscellaneous                                                                                          106

264........ Compensation................................................................................. 106

Schedule 1—Amendments of the Wool Industry Act 1972                      107

Schedule 2—Amendments of the Compensation (Commonwealth Government Employees) Act 1971                                                                                                                                    109

Schedule 3—Amendments of the Commonwealth Teaching Service Act 1972   115

Notes                                                                                                                                           117


An Act to implement certain changes in Commonwealth functions

Part IPreliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Commonwealth Functions (Statutes Review) Act 1981.

2  Commencement [see Note 1]

             (1)  Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent.

             (2)  Part III shall come into operation on 1 July 1981.

             (3)  Section 172 shall come into operation on the day on which section 44 of the Commonwealth Teaching Service Act 1972 comes into operation.

             (4)  Section 173 shall come into operation on the day on which section 46 of the Commonwealth Teaching Service Act 1972 comes into operation.

             (5)  Section 225 shall come into operation on the day on which subsection 5(2) of the Navigation Amendment Act 1980 comes into operation.

             (6)  Sections 226, 227 and 230 shall come into operation on the day on which section 18 of the Navigation Amendment Act 1980 comes into operation.

             (7)  Section 228 shall come into operation on the day on which sections 61 and 62 of the Navigation Amendment Act 1980 come into operation.

             (8)  Parts XIV and XVIII shall come into operation on the day on which the Petroleum Products Pricing Act 1981 comes into operation.

             (9)  Part XIX shall come into operation on the day on which this Act receives the Royal Assent but the provisions of the Act amended by that Part shall come into operation as so amended in accordance with section 2 of that Act as so amended.

           (10)  The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.


 

Part IIAustralian Capital Territory

Division 1Agents

3  Repeal

                   The following Ordinances of the Australian Capital Territory are repealed:

     Agents Ordinance 1968

     Agents Ordinance 1970

     Agents Ordinance (No. 2) 1970

     Agents Ordinance 1971

     Agents Ordinance 1972

     Agents Ordinance 1973

     Agents Ordinance (No. 2) 1973

     Agents (Amendment) Ordinance 1976.


 

Division 2Architects

4  Repeal

                   The following Ordinances of the Australian Capital Territory are repealed:

     Architects Ordinance 1959

     Architects Ordinance 1967

     Architects Ordinance 1970

     Architects Ordinance (No. 2) 1970

     Architects Ordinance 1971

     Architects Ordinance 1973

     Architects Ordinance 1974

     Architects Ordinance (No. 2) 1974

     Architects (Amendment) Ordinance 1976

     Architects (Amendment) Ordinance 1978.


 

Division 3Canberra Commercial Development Authority

5  Interpretation

                   In this Division:

Authority means the Canberra Commercial Development Authority established under the Ordinance.

commencing day means the day fixed under section 13.

Minister means the Minister for the Capital Territory.

Ordinance means the Canberra Commercial Development Authority Ordinance 1974 of the Australian Capital Territory as amended and in force for the time being.

purchaser means a person who enters into an agreement with the Authority under section 7.

6  Application of Division

                   This Division has effect notwithstanding anything contained in the Ordinance.

7  Power of Authority to enter into agreement

             (1)  The Authority shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Authority as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement.

             (2)  An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Authority as are referred to in the agreement.

             (3)  In an agreement entered into under subsection (1):

                     (a)  a reference to rights, property or assets of the Authority may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and

                     (b)  a reference to debts, liabilities or obligations of the Authority may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement.

8  Power of Minister to give directions to Authority

             (1)  For the purpose of facilitating the sale of the rights, property or assets of the Authority and winding up the affairs of the Authority, the Minister may give directions to the Authority in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Authority shall comply with any such directions.

             (2)  If the Authority fails to comply with a direction given to it by the Minister under subsection (1), the Governor‑General may, by instrument in writing under his hand, remove any one or more of the members of the Authority from office.

             (3)  Where the Governor‑General removes a member of the Authority from office under subsection (2), the Governor‑General may appoint another person as a member of the Authority in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Governor‑General.

             (4)  If a member of the Authority who is removed from office by the Governor‑General under subsection (2) was the Chairman, or the Deputy Chairman, of the Authority, the Governor‑General may appoint another member of the Authority to be the Chairman, or the Deputy Chairman, of the Authority, as the case may be.

9  Sale by transfer of assets of Authority to company

             (1)  An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.

             (2)  The Authority shall:

                     (a)  form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Authority; and

                     (b)  on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement:

                              (i)  transfer to the company such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser; and

                             (ii)  cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser.

             (3)  Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations.

             (4)  If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.

10  Sale by direct transfer of assets

             (1)  An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.

             (2)  The Authority shall, on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser.

             (3)  Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations.

             (4)  If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.

11  Existing contracts

                   After the rights, property or assets referred to in subparagraph 9(2)(b)(i) or subsection 10(2), as the case may be, are transferred to a person in accordance with that subparagraph or subsection, such contracts (if any) as are specified in, or ascertained in accordance with, the agreement, being contracts to which the Authority was a party at the time immediately before the transfer took place, have effect as if:

                     (a)  that person were substituted for the Authority as a party to each contract; and

                     (b)  any reference in such a contract to the Authority were (except in relation to matters that occurred before that time) a reference to that person;

and the Authority ceases to be a party to the contracts.

12  Pending proceedings

                   If, immediately before the day on which rights, property or assets referred to in subparagraph 9(2)(b)(i) or subsection 10(2), as the case may be, are transferred to a person, the Authority was a party to proceedings specified in the agreement that were pending in a court, that person is, on that day, by force of this section, substituted for the authority as a party to the proceedings and has the same rights in the proceedings as the party for which that person is substituted.

13  Consequences of agreement

                   If the Authority enters into an agreement in accordance with section 7, the Minister shall, as soon after the day referred to in that section as it appears to him to be appropriate to do so, by notice published in the Gazette, fix a day on which the Authority is to cease to exist.

14  Winding up of Authority

             (1)  Upon the commencing day:

                     (a)  the Canberra Commercial Development Authority Ordinance 1974 and the Canberra Commercial Development Authority Amendment Ordinance 1977 of the Australian Capital Territory are repealed;

                     (b)  any rights, property or assets that, immediately before that day, were vested in the Authority vest on that day, by force of this subsection, in the Commonwealth; and

                     (c)  the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the Authority that existed immediately before that day.

             (2)  Any contract to which the Authority was a party immediately before the commencing day has effect on and after that day as if:

                     (a)  the Commonwealth were substituted for the Authority as a party to the contract; and

                     (b)  any reference in the contract to the Authority were (except in relation to matters that occurred before that time) a reference to the Commonwealth.

             (3)  If, immediately before the commencing day, proceedings to which the Authority was a party were pending in any court, the Commonwealth is, on that day, by force of this subsection, substituted for the Authority as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.

15  Application of Commonwealth Employees (Redeployment and Retirement) Act

                   On and after the commencing day, any functions, duties or powers under the Commonwealth Employees (Redeployment and Retirement) Act 1979 that would, if the Authority had not ceased to exist, be required to be performed or be permitted to be exercised by the Authority shall be performed or may be exercised, as the case may be, by the Secretary to the Department of the Capital Territory.

16  Registration of changes in title to land

             (1)  Where by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney‑General’s Department or a person authorized under subsection 55E(4) of the Judiciary Act 1903 may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such other things, as are necessary to reflect the operation of this Division in relation to that interest in land.

             (2)  The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Authority, require the Authority to produce to him any Crown lease or other document in the possession or within the control of the Authority affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division.

             (3)  If the Authority fails to comply with a requirement in a notice given to the Authority under subsection (2), the Authority is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200.

             (4)  If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed until the Crown lease or other document is produced.

             (5)  Charges against the Authority for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document.

             (6)  If the Authority is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.

17  Officers’ Rights Declaration Act

                   Where, at the expiration of the day immediately preceding the commencing day, the repealed Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time a member or employee of the Authority, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the Ordinances referred to in section 14 had not been repealed but that person had on the first‑mentioned day resigned his office, or resigned from his employment with the Authority, as the case may be.


 

Division 4Canberra Retail Markets Trust

18  Interpretation

                   In this Division:

commencing day means the day fixed under section 27.

Market has the same meaning as in the Ordinance.

Minister means the Minister for the Capital Territory.

Ordinance means the Canberra Retail Markets Ordinance 1971 of the Australian Capital Territory as amended and in force for the time being.

purchaser means a person who enters into an agreement with the Trust under section 20.

Trust means the Canberra Retail Markets Trust established under the Ordinance.

19  Application of Division

                   This Division has effect notwithstanding anything contained in the Ordinance.

20  Power of Trust to enter into agreements

             (1)  The Trust shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Trust as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement.

             (2)  An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Trust as are referred to in the agreement.

             (3)  In an agreement entered into under subsection (1):

                     (a)  a reference to rights, property or assets of the Trust may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and

                     (b)  a reference to debts, liabilities or obligations of the Trust may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement.

21  Power of Minister to give directions to Trust

             (1)  For the purpose of facilitating the sale of the rights, property or assets of the Trust and winding up the affairs of the Trust, the Minister may give directions to the Trust in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Trust shall comply with any such directions.

             (2)  If the Trust fails to comply with a direction given to it by the Minister under subsection (1), the Minister may, by instrument in writing under his hand, remove any one or more of the members of the Trust from office.

             (3)  Where the Minister removes a member of the Trust from office under subsection (2), the Minister may appoint another person as a member of the Trust in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Minister.

             (4)  If a member of the Trust who is removed from office by the Minister under subsection (2) was the Chairman of the Trust, the Minister may appoint another member of the Trust to be the Chairman of the Trust.

22  Sale by transfer of assets of Trust to company

             (1)  An agreement entered into in accordance with section 20 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.

             (2)  The Trust shall:

                     (a)  form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Trust; and

                     (b)  on the day referred to in the agreement in accordance with subsection 20(1), upon receipt of the consideration specified in the agreement:

                              (i)  transfer to the company such of the rights, property or assets of the Trust as are required by the agreement to be acquired by the purchaser; and

                             (ii)  cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser.

             (3)  Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Trust as are required by the agreement to be paid or discharged by the purchaser and the Trust ceases to be liable to pay or discharge those debts, liabilities or obligations.

             (4)  If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Trust arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 20(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Trust, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.

23  Sale by direct transfer of assets

             (1)  An agreement entered into in accordance with section 20 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.

             (2)  The Trust shall, on the day referred to in the agreement in accordance with subsection 20(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Trust as are required by the agreement to be acquired by the purchaser.

             (3)  Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Trust as are required by the agreement to be paid or discharged by the purchaser and the Trust ceases to be liable to pay or discharge those debts, liabilities or obligations.

             (4)  If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Trust arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 20(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Trust, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.

24  Existing contracts

                   After the rights, property or assets referred to in subparagraph 22(2)(b)(i) or subsection 23(2), as the case may be, are transferred to a person in accordance with that subparagraph or subsection, such contracts (if any) as are specified in, or ascertained in accordance with, the agreement, being contracts to which the Trust was a party at the time immediately before the transfer took place, have effect as if:

                     (a)  that person were substituted for the Trust as a party to each contract; and

                     (b)  any reference in such a contract to the Trust were (except in relation to matters that occurred before that time) a reference to that person;

and the Trust ceases to be a party to the contracts.

25  Pending proceedings

                   If, immediately before the day on which rights, property or assets referred to in subparagraph 22(2)(b)(i) or subsection 23(2), as the case may be, are transferred to a person, the Trust was a party to proceedings specified in the agreement that were pending in a court, that person is, on that day, by force of this section, substituted for the Trust as a party to the proceedings and has the same rights in the proceedings as the party for which that person is substituted.

26  Application of Ordinance where Trust continues to operate one Market

                   If the Trust enters into an agreement in accordance with section 20 that relates to rights, property or assets of the Trust in relation to one only of the Markets managed and controlled by the Trust, Parts III, IV, V and VI of the Ordinance apply only in relation to the Market that the Trust continues to manage and control.

27  Consequences of agreement

                   If the Trust enters into an agreement in accordance with section 20 that relates, or agreements in accordance with that section that together relate, to rights, property or assets of the Trust in relation to both of the Markets managed and controlled by the Trust, the Minister shall, as soon after the day referred to in section 20 as it appears to him to be appropriate to do so, by notice published in the Gazette, fix a day on which the Trust is to cease to exist.

28  Winding up of Trust

             (1)  Upon the commencing day:

                     (a)  the following Ordinances of the Australian Capital Territory are repealed:

                            Canberra Retail Market Trust Ordinance 1971

                            Canberra Retail Market Trust Ordinance 1972

                            Canberra Retail Market Trust Ordinance 1973

                            Canberra Retail Market Trust Ordinance 1974

                            Canberra Retail Markets Ordinance 1976

                            Canberra Retail Markets (Amendment) Ordinance 1978

                            Canberra Retail Markets (Amendment) Ordinance 1980;

                     (b)  any rights, property or assets that, immediately before that day, were vested in the Trust vest on that day, by force of this subsection, in the Commonwealth; and

                     (c)  the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the Trust that existed immediately before that day.

             (2)  Any contract to which the Trust was a party immediately before the commencing day has effect on and after that day as if:

                     (a)  the Commonwealth were substituted for the Trust as a party to the contract; and

                     (b)  any reference in the contract to the Trust were (except in relation to matters that occurred before that time) a reference to the Commonwealth.

             (3)  If, immediately before the commencing day, proceedings to which the Trust was a party were pending in any court, the Commonwealth is, on that day, by force of this subsection, substituted for the Trust as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted.

29  Application of Commonwealth Employees (Redeployment and Retirement) Act

                   On and after the commencing day, any functions, duties or powers under the Commonwealth Employees (Redeployment and Retirement) Act 1979 that would, if the Trust had not ceased to exist, be required to be performed or be permitted to be exercised by the Trust shall be performed or may be exercised, as the case may be, by the Secretary to the Department of the Capital Territory.

30  Registration of changes in title to land

             (1)  Where, by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney‑General’s Department or a person authorized under subsection 55E(4) of the Judiciary Act 1903 may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such things, as are necessary to reflect the operation of this Division in relation to that interest in land.

             (2)  The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Trust, require the Trust to produce to him any Crown lease or other document in the possession or within the control of the Trust affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division.

             (3)  If the Trust fails to comply with a requirement in a notice given to the Trust under subsection (2), the Trust is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200.

             (4)  If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed, until the Crown lease or other document is produced.

             (5)  Charges against the Trust for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document.

             (6)  If the Trust is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately.

31  Officers’ Rights Declaration Act

                   Where, at the expiration of the day immediately preceding the commencing day, the repealed Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time a member or employee of the Trust, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the Ordinances referred to in section 28 had not been repealed but that person had on the first‑mentioned day resigned his office, or resigned from his employment with the Trust, as the case may be.


 

Division 5Canberra Showground Trust

32  Principal Ordinance

                   The Canberra Showground Trust Ordinance 1976 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

33 

Section 18 of the Principal Ordinance is repealed and the following section is substituted:

18  Staff

             (1)  The Trust may engage such employees as are necessary for the performance of its functions under this Ordinance.

             (2)  The terms and conditions of employment of persons engaged under this section (including conditions with respect to the duration of employment or with respect to dismissal from employment) are such as are determined by the Trust with the approval of the Public Service Board.


 

Division 6Co‑operative societies

34  Principal Ordinance

                   The Co‑operative Societies Ordinance 1939 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

35  Interpretation [see Note 2]

Section 4 of the Principal Ordinance is amended by omitting the definition of trading society.

36  Repeal of Part III [see Note 2]

Part III of the Principal Ordinance is repealed.

37  Amalgamation [see Note 2]

Section 18 of the Principal Ordinance is amended by omitting from subsection (1) “registered trading societies,”.

38  Use of word co‑operative [see Note 2]

Section 32 of the Principal Ordinance is amended:

                     (a)  by omitting from subsections (1) and (1A) “trade or” (wherever occurring); and

                     (b)  by omitting from subsection (1B) “trading or”.

39  Transfer of engagements [see Note 2]

Section 38 of the Principal Ordinance is amended:

                     (a)  by omitting from subsection (1) “a registered trading society,”; and

                     (b)  by omitting from subsection (1) “registered trading society,”.

40  Dealings with members and applicants [see Note 2]

Section 45 of the Principal Ordinance is amended by omitting from subsection (1) “through or” (first occurring).


 

Division 7Lakes

41  Principal Ordinance

                   The Lakes Ordinance 1976 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

42  Interpretation

Section 4 of the Principal Ordinance is amended:

                     (a)  by inserting after the definition of Dairy Bridge in subsection (1) the following definition:

delegate of the Minister means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 6.; and

                     (b)  by omitting from subsection (1) the definition of Superintendent.

43 

Sections 6 and 7 of the Principal Ordinance are repealed and the following sections are substituted:

6  Delegate of the Minister

                   The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.

7  Powers of delegate

                   The delegate of the Minister has such powers as are conferred upon him by this Ordinance and, in addition, has all the powers of an inspector.

44  Powers to charge for admission

Section 35 of the Principal Ordinance is amended by omitting from subsection (1) “Superintendent” (wherever occurring) and substituting “delegate of the Minister”.


 

Division 8Landlord and Tenant

45  Principal Ordinance

                   The Landlord and Tenant Ordinance 1949 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

46  Interpretation

Section 8 of the Principal Ordinance is amended:

                     (a)  by omitting from subsection (1) the definition of appeal;

                     (b)  by omitting “Controller” from the definition of application in subsection (1) and substituting “Minister”; and

                     (c)  by omitting from subsection (1) the definitions of authorized officer, determination, Fair Rents Board and the Controller.

47  Repeal

Division 1 of Part II of the Principal Ordinance is repealed.

48  Cessation of application of determinations

Section 13A of the Principal Ordinance is amended by omitting subsection(2).

49  Lessor to furnish information to lessee

Section 15 of the Principal Ordinance is amended by omitting subsection (1).

50  Application of Division

Section 16 of the Principal Ordinance is amended by omitting “the Controller or a Fair Rents Board” and substituting “the Minister”.

51  Repeal

Divisions 3 and 4 of Part II of the Principal Ordinance are repealed.

52  Repeal

Sections 30 to 35 (inclusive) of the Principal Ordinance are repealed.

53  Certain payments prohibited

Section 36 of the Principal Ordinance is amended by omitting from subsection (6) the definition of weekly rent and substituting the following definition:

weekly rent, in respect of prescribed premises, means the rent applicable to those premises in respect of a week.

54  Repeal

Sections 42 to 55 (inclusive) of the Principal Ordinance are repealed.

55  Repeal

Sections 58 and 59 of the Principal Ordinance are repealed.

56  Heading to Part IIA

The heading to Part IIA of the Principal Ordinance is repealed and the following heading is substituted:

 

Part IIA—Rent increases

57  Rent increases in relation to prescribed premises

Section 62A of the Principal Ordinance is amended:

                     (a)  by omitting from subsection (8) “by a determination or”;

                     (b)  by adding at the end of paragraph (10)(a) “or”; and

                     (c)  by omitting paragraph (10)(b).

58  Repeal

Sections 65 and 66 of the Principal Ordinance are repealed.

59  Application to limited class of premises

Section 79 of the Principal Ordinance is repealed.

60  Exclusion of premises let for a short‑term from operation of Part

Section 87 of the Principal Ordinance is amended by omitting from subsections (1), (2), (3) and (5) “Controller” and substituting “Minister”.

61  Exclusion of certain premises from operation of Part

Section 88 of the Principal Ordinance is amended by omitting from subsections (2), (3) and (6) “Controller” and substituting “Minister”.

62  Information to be furnished on request

Section 93 of the Principal Ordinance is amended by omitting from subsection (1) “Controller or an authorized officer” and substituting “Minister”.

63  Powers of entry and inspection

Section 94 of the Principal Ordinance is amended by omitting “Controller or an authorized officer” and substituting “Minister”.

64  Proof of instruments

Section 95 of the Principal Ordinance is amended by omitting “Controller” (wherever occurring) and substituting “Minister”.

65  Service of notices etc.

Section 95A of the Principal Ordinance is amended:

                     (a)  by omitting from paragraph (1)(b) “the Board or the Controller” and substituting “the Minister”; and

                     (b)  by omitting from subsection (2) “Controller” (wherever occurring) and substituting “Minister”.


 

Division 9Life Insurance Holding Companies

66  Repeal of Ordinances

                   The following Ordinances of the Australian Capital Territory are repealed:

Companies (Life Insurance Holding Companies) Ordinance 1968

Companies (Life Insurance Holding Companies) Ordinance 1970

Companies (Life Insurance Holding Companies) Ordinance 1973.


 

Division 10Milk Authority

67  Principal Ordinance

                   The Milk Authority Ordinance 1971 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in the Division referred to as the Principal Ordinance.

68  Interpretation

Section 4 of the Principal Ordinance is amended:

                     (a)  by inserting after the definition of authorized officer in subsection (1) the following definition:

distributor means a person who is a party to a contract with the Authority for the distribution of milk to places other than residential premises.;

                     (b)  by inserting after the definition of person in subsection (1) the following definition:

price includes every valuable consideration, whether direct or indirect.; and

                     (c)  by inserting after the definition of process in subsection (1) the following definition:

processor means a person who is a party to a contract with the Authority for the processing of milk.

69  Inspectors

Section 5 of the Principal Ordinance is amended by omitting from subsection (1) “Minister” and substituting “Authority”.

70 

Section 15 of the Principal Ordinance is repealed and the following sections are substituted:

14A  Staff

             (1)  The Authority may engage such employees as are necessary for the performance of its functions under this Ordinance.

             (2)  The terms and conditions of employment of persons engaged under this section (including conditions with respect to the duration of employment or with respect to dismissal from employment) are such as are determined by the Authority with the approval of the Public Service Board.

15  Secretary and Assistant Secretary to Authority

             (1)  The Authority may appoint a person employed under section 14A to be Secretary to the Authority.

             (2)  The Authority may appoint a person employed under section 14A to be Assistant Secretary to the Authority.

             (3)  The person appointed to be Assistant Secretary to the Authority has and may exercise and perform such of the powers and functions of the Secretary to the Authority as the Authority directs.

71  Functions of Authority

Section 16 of the Principal Ordinance is amended by omitting from subsection (2) “does not include” and substituting “includes”.

72 

After section 16 of the Principal Ordinance the following sections are inserted:

16A  Fixing of prices

             (1)  The Authority may, by notice in writing published in the Gazette, fix and declare:

                     (a)  the maximum price at which milk of a specified kind in a container of a specified kind may be sold by retail;

                     (b)  the maximum price at which milk of a specified kind in a container of a specified kind may be sold by processors to the holders of Vendor’s Licences or Vendor’s Permits;

                     (c)  the maximum price at which milk of a specified kind in a container of a specified kind may be sold by processors to distributors; and

                     (d)  the maximum price at which milk of a specified kind in a container of a specified kind may be sold by distributors.

             (2)  A reference in subsection (1) to a container of a specified kind shall be read as including a reference to a container of a specified size and to a container of a specified size that has specified characteristics.

16B  Powers of Minister in relation to maximum prices

             (1)  The Minister may, by writing signed by him and delivered to the Secretary to the Authority, request the Authority to give further consideration to any maximum price fixed by the Authority under section 16A and to report the result of its further consideration to him within 28 days of the delivery of the request, and the Authority shall comply with that request.

             (2)  Where as the result of its consideration, in response to a request under subsection (1), of the maximum price in relation to a class of sales of milk, the Authority decides that in lieu of that maximum price another maximum price should be fixed, the Authority shall, in accordance with section 16A, forthwith fix and declare that other maximum price in relation to that class of sales.

             (3)  Where the Minister makes a request for a report under subsection (1) in respect of a maximum price, he may, by notice published in the Gazette, suspend the operation of that price until notice of the receipt of the report is published in the Gazette.

             (4)  For the purposes of this Ordinance (other than this section), during the suspension, by virtue of subsection (3), of the operation of a maximum price in relation to a class of sales of milk fixed under a paragraph of subsection 16A(1):

                     (a)  that maximum price shall be deemed not to be so fixed; and

                     (b)  the maximum price (if any) that applied (whether by virtue of this Ordinance, the Prices Regulation Ordinance 1949 of the Australian Capital Territory as amended or section 75 of the Commonwealth Functions (Statutes Review) Act 1981) in relation to that class of sales immediately before that first‑mentioned maximum price was fixed shall be deemed to be the maximum price in relation to that class of sales fixed under that paragraph.

             (5)  Where the Minister has published a notice under subsection (3) in respect of a maximum price, he shall, on receipt of the report of the Authority requested by him in respect of that price, publish notice of the receipt of the report in the Gazette.

73  Powers of Authority

Section 17 of the Principal Ordinance is amended by adding at the end of paragraph (1)(e) or in relation to the price at which milk ought to be sold or the charges that ought to be made in connection with the sale of milk.

74 

After section 49A of the Principal Ordinance the following section is inserted:

49B  Price offences

             (1)  Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by retail is fixed under paragraph 16A(1)(a), a person shall not sell, or offer for sale, by retail any milk of that kind in a container of that kind at a greater price than that maximum price.

             (2)  Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by processors to the holders of Vendor’s Licences or Vendor’s Permits is fixed under paragraph 16A(1)(b), a processor shall not sell or offer for sale any milk of that kind in a container of that kind to such holders at a price greater than that maximum price.

             (3)  Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by processors to distributors is fixed under paragraph 16A(1)(c), a processor shall not sell or offer for sale any milk of that kind in a container of that kind to distributors at a price greater than that maximum price.

             (4)  Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by distributors is fixed under paragraph 16A(1)(d), a distributor shall not sell or offer for sale any milk of that kind in a container of that kind at a price greater than that maximum price.

             (5)  A reference in this section to a container of a particular kind shall be read as including a reference to a container of a particular size and to a container of a particular size that has particular characteristics.

Penalty:  $1,000.

75  Saving

                   If section 80 comes into operation before prices relating to the sale of milk in the Australian Capital Territory are fixed under section 16A of the Principal Ordinance as amended by this Division:

                     (a)  the maximum prices relating to the sale of milk in that Territory under the Ordinances repealed by section 80 that were applicable immediately before the repeal of those Ordinances took effect continue in force until prices relating to the sale of milk in that Territory are fixed under section 16A of the Principal Ordinance as amended by this Division; and

                     (b)  if a maximum price is in force in relation to a particular class of sales of milk in the Territory by virtue of paragraph (a), a person who sells or offers to sell milk to which that maximum price is applicable at a price that exceeds that maximum price is guilty of an offence punishable upon conviction by a fine not exceeding $1,000.


 

Division 11Nature Conservation

76  Principal Ordinance

                   The Nature Conservation Ordinance 1980 of the Australian Capital Territory is in this Division referred to as the Principal Ordinance.

77  Interpretation

Section 5 of the Principal Ordinance is amended by omitting the definitions of Chairman and Council.

78  Termination of office of Conservator

Section 10 of the Principal Ordinance is amended by omitting subsection (2) and substituting the following subsection:

             (2)  If the Conservator becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Minister shall terminate his appointment.

79  Repeal

                   Part II of the Principal Ordinance is repealed.


 

Division 12Prices Regulation

80  Repeal

                   The following Ordinances of the Australian Capital Territory are repealed:

Prices Regulation Ordinance 1949

Prices Regulation Ordinance 1973

Prices Regulation Ordinance 1974.


 

Division 13Rabbit destruction

81  Principal Ordinance

                   The Rabbit Destruction Ordinance 1919 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

82  Amendment of Regulation

Regulation 2 in force under the Principal Ordinance is amended by omitting the definition of Receiver.

83  Repeal of Regulations

Regulations 21, 22 and 23 in force under the Principal Ordinance are repealed.


 

Division 14Sewerage rates

84  Principal Ordinance

                   The Sewerage Rates Ordinance 1968 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

85  Interpretation

Section 4 of the Principal Ordinance is amended:

                     (a)  by inserting after the definition of appropriate officer in subsection (1) the following definition:

delegate of the Minister means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 17.; and

                     (b)  by omitting from subsection (1) the definition of the authorized officer.

86  Delegate and inspectors

Section 17 of the Principal Ordinance is amended by omitting subsection (1) and substituting the following subsection:

             (1)  The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.

87  Accounts for rates

Section 19 of the Principal Ordinance is amended by omitting from subsections (1) and (3) “authorized officer” and substituting “delegate of the Minister”.

88  Evidence

Section 24 of the principal Ordinance is amended by omitting from subsection (1) “authorized officer” (wherever occurring) and substituting “delegate of the Minister”.


 

Division 15Surveyors

89  Repeal

                   The following Ordinances of the Australian Capital Territory are repealed:

Surveyors Ordinance 1967

Surveyors Ordinance 1970

Surveyors Ordinance (No. 2) 1970

Surveyors Ordinance 1975

Surveyors (Amendment) Ordinance 1976

Surveyors (Amendment) Ordinance 1977

Surveyors (Amendment) Ordinance 1978.


 

Division 16Trading hours

90  Repeal

                   The following Ordinances of the Australian Capital Territory are repealed:

Trading Hours Ordinance 1962

Trading Hours Ordinance 1968

Trading Hours Ordinance 1971

Trading Hours Ordinance 1972

Trading Hours (Amendment) Ordinance 1977.


 

Division 17Water rates

91  Principal Ordinance

                   The Water Rates Ordinance 1959 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance.

92  Interpretation

Section 4 of the Principal Ordinance is amended:

                     (a)  by inserting before the definition of Department in subsection (1) the following definition:

delegate of the Minister means the person who is the delegate of Minister for the purposes of this Ordinance by virtue of an appointment under section 21A.; and

                     (b)  by omitting from subsection (1) the definition of proper authority.

93  Reading of meters

Section 17 of the Principal Ordinance is amended by omitting “proper authority” (wherever occurring) and substituting “delegate of the Minister”.

94  Additional meter readings

Section 18 of the Principal Ordinance is amended by omitting “proper authority” (wherever occurring) and substituting “delegate of the Minister”.

95  Meter not registering

Section 19 of the Principal Ordinance is amended by omitting from subsection (1) “proper authority” and substituting “delegate of the Minister”.

96  Notice of results of meter readings

Section 20 of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.

97  Rates certificate where land metered

Section 20A of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.

98  Rates certificate where land unmetered or not connected to system of works

Section 20B of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.

99  Testing of meters

Section 21 of the Principal Ordinance is amended by omitting from subsection (1) “proper authority” (wherever occurring) and substituting “delegate of the Minister”.

100 

Before section 22 of the Principal Ordinance the following section is inserted in Part IV:

21A  Appointment of delegate of the Minister

                   The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance.

101  Accounts for rates

Section 24 of the Principal Ordinance is amended by omitting “proper authority” and substituting “delegate of the Minister”.

102  Special accounts for rates

Section 25 of the Principal Ordinance is amended by omitting from subsections (1) and (2) “proper authority” (wherever occurring) and substitute “delegate of the Minister”.

103  Closing or cutting off of water pipes for non‑payment of rates

Section 27 of the Principal Ordinance is amended by omitting from subsection (1) “proper authority” and substituting “delegate of the Minister”.

104  Entry of land by Delegate or meter reader

Section 33 of the Principal Ordinance is amended by omitting from subsections (1) and (2) “proper authority” and substituting “delegate of the Minister”.


 

Division 18Miscellaneous

105  Power to amend Ordinances and Regulations

                   Nothing in this Part prevents:

                     (a)  the amendment or repeal by an Ordinance under the Seat of Government (Administration) Act 1910 of an Ordinance of the Australian Capital Territory that has been amended by this Part; or

                     (b)  the amendment or repeal by regulations made pursuant to an Ordinance under that Act of a provision of a regulation made under that Ordinance where that provision has been amended by this Part.

106  Part to be deemed to be an Ordinance

             (1)  This Part shall be deemed to be an Ordinance of the Australian Capital Territory for the purposes of section 38 of the Interpretation Ordinance 1967 of the Australian Capital Territory as amended and in force for the time being.

             (2)  Where a Division of this Part amends an Ordinance of the Australian Capital Territory, the provisions of that Division shall be construed with that Ordinance and as part of it.


 

Part IIIAustralian Postal Commission

  

107  Principal Act

                   The Postal Services Act 1975 is in this Part referred to as the Principal Act.

108  Interpretation

Section 3 of the Principal Act is amended by omitting from the definition of postal article in subsection (1) “or an article not transmissible by post but transmissible by the courier service”.

109  Courier service

Section 10 of the Principal Act is repealed.

110  Protection from actions

Section 104 of the Principal Act is amended by omitting from subsection (1) “or of articles transmitted by the courier service”.

111  By‑laws

Section 115 of the Principal Act is amended by omitting paragraph (1)(p).

112  Regulations

Section 116 of the Principal Act is amended by omitting from paragraph (g) “or by the courier service”.

113  Transitional

                   Notwithstanding the amendments of the Principal Act made by this Part, the Australian Postal Commission may continue to operate a courier service as provided by the Principal Act for the purpose of the conveyance and delivery of any article that had been collected by the Commission before the commencement of this Part for conveyance and delivery pursuant to the courier service but had not been delivered before that commencement.


 

Part VBankruptcy

  

122  Principal Act

                   The Bankruptcy Act 1966 is in this Part referred to as the Principal Act.

123  Duties etc. of trustee

             (1)  Section 19 of the Principal Act is amended:

                     (a)  by omitting from subsection (1) “Official Receiver” and substituting “trustee”;

                     (b)  by omitting paragraph (1)(c) and substituting the following paragraph:

                             (c)  if the trustee, having regard to all the circumstances of the case, considers it desirable to do so, to investigate:

                                          (i)  the conduct, dealings, and transactions of the bankrupt;

                                         (ii)  the cause of bankruptcy; and

                                        (iii)  the books, accounts and records kept by the bankrupt,

                                   and, if he conducts such an investigation, to file with the Registrar a report showing the result of the investigation;

                     (c)  by omitting from paragraph (1)(d) “an officer, or other person authorized in writing by the Official Receiver,” and substituting “a person authorized in writing by the trustee”;

                     (d)  by omitting paragraph (1)(g) and substituting the following paragraph:

                             (g)  if an investigation referred to in paragraph (c) is made in relation to the bankrupt, to file from time to time such supplementary reports in relation to the matters specified in that paragraph as the trustee considers desirable, having regard to all the circumstances of the case.; and

                     (e)  by omitting from subsection (2) “Official Receiver” and substituting “trustee”.

             (2)  The amendments of section 19 of the Principal Act made by subsection (1) of this section apply in relation to:

                     (a)  the estate of a person who becomes a bankrupt after the commencement of this section; and

                     (b)  the estate of a person who became a bankrupt before the commencement of this section and in relation to whom a report has not been furnished under section 19 of the Principal Act before the commencement of this section.

124  Court may direct Official Trustee or registered trustee to take control of property before sequestration

Section 50 of the Principal Act is amended by inserting in subsection (1) “or a specified registered trustee” after “Official Trustee”.

125  Proceedings and order on creditor’s petition

             (1)  Section 52 of the Principal Act is amended:

                     (a)  by inserting in subsection (1) “, subject to subsection (1A),” after “may” (last occurring); and

                     (b)  by inserting after subsection (1) the following subsection:

          (1A)  The Court shall not make a sequestration order under subsection (1) against the estate of a debtor or against the estates of 2 or more joint debtors, whether partners or not, unless:

                             (a)  a registered trustee has, under subsection 156A(1), consented to act as the trustee of the estate of the debtor, or as the trustee of the joint and separate estates of the joint debtors, as the case may be; or

                             (b)  if paragraph (a) does not apply:

                                          (i)  it appears to the Court that the value of the property of the debtor, or of the property comprising the joint estate of the joint debtors, as the case may be, that would be divisible amongst the creditors by virtue of section 116 if the order were to be made (but not including any property acquired by or devolving on the debtor, or on the joint debtors jointly, as the case may be, after the making of the order that would be so divisible) is less than $10,000, or, if another amount is for the time being prescribed for the purpose of this subparagraph, that other amount; or

                                         (ii)  the petitioning creditor satisfies the Court that he has, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of the estate of the debtor, or in respect of the joint and separate estates of the joint debtors who would become bankrupts upon the making of the order, as the case may be, but has been unable to obtain any such consent.

             (2)  Notwithstanding the amendments of section 52 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.

126  Bankrupt’s statement of affairs

             (1)  Section 54 of the Principal Act is amended by omitting from paragraphs 54(1)(b) and 54(2)(b) “Official Receiver for the District in which the sequestration order was made” and substituting “trustee”.

             (2)  The amendments of section 54 of the Principal Act made by subsection (1) of this section do not apply in relation to sequestration orders made before the commencement of this section.

127  Debtor’s petition

             (1)  Section 55 of the Principal Act is amended:

                     (a)  by omitting from subsection (3) “Where” and substituting “Subject to subsection (4A), where”;

                     (b)  by inserting in subsection (4) “but subject to subsection (4A)”, after “Registrar,”;

                     (c)  by inserting after subsection (4) the following subsection:

          (4A)  The Registrar shall not, under subsection (3), accept a petition presented to him under this section, being a petition other than a petition in relation to which a direction under subsection (4) is in force, and the Court shall not, under subsection (4), direct the Registrar to accept such a petition, unless:

                             (a)  a registered trustee has, under subsection 156A(1), consented to act as the trustee of the estate of the debtor; or

                             (b)  if paragraph (a) does not apply:

                                          (i)  it appears to the Registrar, or to the Court, as the case may be, that the value of the property of the debtor that would be divisible amongst his creditors by virtue of section 116 if the petition were to be accepted (but not including any property acquired by or devolving on him after the acceptance of the petition that would be so divisible) is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or

                                         (ii)  the debtor satisfies the Registrar, or the Court, as the case may be, that he has, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of his estate but has been unable to obtain any such consent.; and

                     (d)  by omitting from subsection (5) “Official Receiver” (wherever occurring) and substituting “trustee”.

             (2)  Notwithstanding the amendments of section 55 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.

128  Debtor’s petition against partnership

             (1)  Section 56 of the Principal Act is amended:

                     (a)  by omitting from subsection (4) “subsection (6)” and substituting “subsections (6) and (7A)”;

                     (b)  by inserting after subsection (7) the following subsection:

          (7A)  The Registrar shall not, under subsection (4), accept a petition presented to him under this section, being a petition other than a petition that is required to be referred to the Court under subsection (5) or (6), and the Court shall not, under subsection (5) or paragraph (7)(a) or (b), direct the Registrar to accept a petition, unless:

                             (a)  a registered trustee has, under subsection 156A(1), consented to act as the trustee of the joint and separate estates of the members of the partnership who would become bankrupts upon the acceptance of the petition, or the petition as amended, as the case may be, under this section; or

                             (b)  if paragraph (a) does not apply:

                                          (i)  it appears to the Registrar, or to the Court, as the case may be, that the value of the property comprising the joint estate of the members of the partnership, who would become bankrupts upon acceptance of the petition, or the petition as amended, as the case may be, under this section, being property (not including any property acquired by or devolving on the members of the partnership jointly after the acceptance of the petition, or the petition as amended, as the case may be,) that would be divisible amongst the creditors by virtue of section 116 if the petition, or the petition as amended, as the case may be were to be accepted, is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or

                                         (ii)  the petitioning partners satisfy the Registrar, or the Court, as the case may be, that they have, in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of the joint and separate estates of the members of the partnership who would become bankrupts upon acceptance of the petition, or the petition as amended, as the case may be, under this section but have been unable to obtain any such consent.; and

                     (c)  by omitting from subsections (9) and (13) “Official Receiver” (wherever occurring) and substituting “trustee”.

             (2)  Notwithstanding the amendments of section 56 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.

129  Debtor’s petition by joint debtors who are not partners

             (1)  Section 57 of the Principal Act is amended:

                     (a)  by omitting from subsection (4) “Where” and substituting “Subject to subsection (5A), where”;

                     (b)  by inserting after subsection (5) the following subsection:

          (5A)  The Registrar shall not, under subsection (4), accept a petition presented to him under this section, being a petition other than a petition that is required to be referred to the Court under subsection (5), and the Court shall not, under subsection (5), direct the Registrar to accept a petition, unless:

                             (a)  a registered trustee has, under subsection 156A(1), consented to act as the trustee of the joint and separate estates of the petitioning debtors; or

                             (b)  if paragraph (a) does not apply:

                                          (i)  it appears to the Registrar, or to the Court, as the case may be, that the value of the property comprising the joint estate of the petitioning debtors that would be divisible amongst the creditors by virtue of section 116 if the petition were to be accepted (but not including any property acquired by or devolving on the petitioning debtors jointly after the acceptance of the petition that would be so divisible) is less than $10,000, or, if another amount is for the time being prescribed for the purposes of this subparagraph, that other amount; or

                                         (ii)  the petitioning debtors satisfy the Registrar, or the Court, as the case may be, that they have in all the circumstances of the case, taken all reasonable steps to obtain from registered trustees a consent under subsection 156A(1) in respect of their joint and separate estates but have been unable to obtain any such consent.; and

                     (c)  by omitting from subsection (6) “Official Receiver” (wherever occurring) and substituting “trustee”.

             (2)  Notwithstanding the amendments of section 57 of the Principal Act made by subsection (1) of this section, the provisions of that section of the Principal Act continue to apply, after the commencement of this section, in relation to a petition presented under that section of the Principal Act before the commencement of this section as if those amendments had not been made.

130  Vesting of property upon bankruptcy

Section 58 of the Principal Act is amended by inserting in paragraph (1)(a) “or, if, at the time when the debtor becomes a bankrupt, a registered trustee becomes the trustee of the estate of the bankrupt by virtue of section 156A, in that registered trustee” after “Official Trustee”.

131  First meeting of creditors

Section 64 of the Principal Act is amended by omitting from subsections (1) and (2) “Official Receiver” and substituting “trustee”.

132  Public examination of bankrupt

             (1)  Section 69 of the Principal Act is amended:

                     (a)  by omitting subsections (1), (2) and (3) and substituting the following subsections:

             (1)  The trustee of the estate of a bankrupt may, at any time, make an application, in writing, to the Registrar for the examination of the bankrupt, on oath, as to the conduct, trade dealings, property and affairs of the bankrupt.

             (2)  The Registrar shall, on receipt by him of an application under subsection (1), fix a date, time and place for the commencement of the examination, under this section, of the bankrupt to whom the application relates and shall summon the bankrupt to attend on the date, and at the time and place, so fixed.; and

                     (b)  by omitting subsection (13) to (17) (inclusive).

             (2)  Notwithstanding the amendments of section 69 of the Principal Act made by subsection (1) of this section, where the Registrar has, before the commencement of this section, fixed a date, time and place for the examination of a bankrupt under that section of the Principal Act, the provisions of section 69 of the Principal Act continue to apply, after the commencement of this section, in relation to any examination of the bankrupt in consequence of that date, time and place having been so fixed as if those amendments had not been made, and section 69 of the Principal Act as amended by subsection (1) of this section does not apply in relation to any such examination of the bankrupt.

133  Vesting and transfer of property

Section 132 of the Principal Act is amended by inserting in subsection (1) “and to section 158,” after “section,”.

134  Discharge of bankrupt by operation of law

             (1)  Section 149 of the Principal Act is amended by omitting from subsections (3), (8) and (12) “Official Receiver” and substituting “Inspector‑General”.

             (2)  Where:

                     (a)  the Official Receiver has, before the commencement of this section, entered an objection, under paragraph 149(3)(c) of the Principal Act, to the discharge of a bankrupt by force of section 149 of the Principal Act;

                     (b)  the objection has not been withdrawn, or has not lapsed, before the commencement of this section; and

                     (c)  the bankrupt has not been discharged under section 150 of the Principal Act before the commencement of this section;

section 149 of the Principal Act as amended by subsection (1) of this section applies in relation to the objection as if the objection had been entered by the Inspector‑General in Bankruptcy under paragraph 149(3)(c) of the Principal Act as so amended and in relation to any application made by the Official Receiver under section 149 of the Principal Act in relation to the objection as if that application had been made by the Inspector‑General in Bankruptcy under section 149 of the Principal Act as so amended.

135  Discharge by the Court

             (1)  Section 150 of the Principal Act is amended:

                     (a)  by omitting paragraph (1)(b) and substituting the following paragraph:

                     (b)  the trustee has notified him in writing, that the trustee does not intend to make an application for his examination under section 69; or;

                     (b)  by omitting subsection (3) and substituting the following subsection:

             (3)  On the hearing of an application under this section, the Court shall take into consideration a report in writing by the trustee concerning the bankrupt, his conduct, trade dealings, property and affairs both in respect of the period before and the period after the applicant became a bankrupt.;

                     (c)  by omitting subparagraph (4)(a)(i); and

                     (d)  by omitting from subparagraph (4)(a)(iv) “(being a registered trustee)”.

             (2)  Notwithstanding the amendments of section 150 of the Principal Act made by subsection (1) of this section, where:

                     (a)  a bankrupt has, before the commencement of this section, applied to the court under section 150 of the Principal Act for an order of discharge; and

                     (b)  the application has not been disposed of before the commencement of this section;

the provisions of section 150 of the Principal Act continue to apply, after the commencement of this section, in relation to the application as if those amendments had not been made.

136 

The Principal Act is amended by inserting after section 156 the following section:

156A  Consent to act as trustee

             (1)  A registered trustee may, by instrument signed by him and filed with the Registrar, consent to act:

                     (a)  as the trustee of the estate of the debtor specified in the instrument in the event that the debtor becomes a bankrupt; or

                     (b)  as the trustee of the joint and separate estates of such of the debtors specified in the instrument, being members of a partnership or joint debtors who are not in partnership with one another, as may become bankrupts, or, if only one of those debtors becomes a bankrupt, as the trustee of the estate of that debtor.

             (2)  An instrument under subsection (1) shall be in accordance with the prescribed form.

             (3)  Where:

                     (a)  at the time when a debtor becomes a bankrupt, a registered trustee has, under subsection (1), consented to act as the trustee of the estate of the debtor and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the estate of the bankrupt; and

                     (b)  at the time when 2 or more debtors, being members of a partnership or joint debtors who are not in partnership with one another, become bankrupts, a registered trustee has, under subsection (1), consented to act as the trustee of the joint and separate estates of those debtors and the consent has not been revoked, the registered trustee becomes, at that time, by force of this subsection, the trustee of the joint and separate estates of those bankrupts.

             (4)  A creditor may file with the Registrar for the appropriate District an application for the removal by the Court of a trustee of the estate of a bankrupt, being a trustee who is the trustee of that estate by virtue of subsection (3), on the ground:

                     (a)  that the trustee is not fit to act as trustee; or

                     (b)  that the connection of the trustee with, or the relation of the trustee to, the bankrupt is likely to make it difficult for him to act with impartiality in the interests of the creditors generally.

             (5)  Where an application under subsection (4) is filed, the Court may, if a ground specified in that subsection is established, remove the trustee from office and may appoint another registered trustee to be trustee in his place.

             (6)  Where the Court appoints a person as trustee under subsection (5), the Registrar shall issue to the person a certificate of appointment.

             (7)  The appointment of a trustee under subsection (5) takes effect from and including the date on which the Court makes the appointment or such later date as the Court directs.

137  Appointment of trustees

             (1)  Section 157 of the Principal Act is amended:

                     (a)  by omitting subsection (1) and (2) and substituting the following subsections:

             (1)  Where a debtor becomes a bankrupt, the creditors may, if the Official Trustee is the trustee of the estate of the bankrupt, by resolution, at the first or a subsequent meeting of creditors, appoint a registered trustee to the office of trustee of the estate of the bankrupt in place of the Official Trustee.

             (2)  The person (in this section referred to as the relevant trustee) who is the trustee of the estate of a bankrupt at the time of an appointment, under subsection (1), of a registered trustee as the trustee, or as one of the trustees, of the estate shall, as early as practicable, notify the registered trustee, in writing, that he has been so appointed.;

                     (b)  by omitting from subsection (3) “so appointed” and substituting “appointed under subsection (1)”;

                     (c)  by omitting from subsections (3) and (5) “Official Receiver” (wherever occurring) and substituting “relevant trustee”;

                     (d)  by omitting from subsection (5) “as trustee by the creditors” and substituting “under subsection (1)”; and

                     (e)  by omitting from subsection (5) “another person” and substituting “, under subsection (1), another registered trustee”.

             (2)  Notwithstanding the amendments of section 157 of the Principal Act made by subsection (1) of this section, where, before the commencement of this section:

                     (a)  a person has been appointed under subsection 157(1) of the Principal Act but the appointment has not taken effect (otherwise than by reason of subsection 157(5) of the Principal Act); or

                     (b)  an objection to an appointment under subsection 157(1) of the Principal Act has been filed under subsection 157(6) of the Principal Act but the objection has not been disposed of;

section 157 of the Principal Act continues to apply, after the commencement of this section, in relation to the appointment, or in relation to the appointment and the objection, as the case may be, as if those amendments had not been made.

138  Appointment of more than one trustee etc.

Section 158 of the Principal Act is amended by adding at the end thereof the following subsection:

             (3)  In this section, a reference to a registered trustee, in relation to the appointment of a trustee of the estate of a bankrupt, includes a reference to a registered trustee who is, by virtue of subsection 156A(3), the trustee of the estate of the bankrupt.

139 

Section 160 of the Principal Act is repealed and the following section is substituted:

160  Official Trustee to be trustee when no registered trustee is trustee

                   If at any time there is no registered trustee who is the trustee of the estate of a bankrupt, the Official Trustee shall, by force of this section, be the trustee of the estate.

140  Solicitation by trustee

Section 166 of the Principal Act is repealed.

141  Investment of surplus funds

Section 172 of the Principal Act is amended:

                     (a)  by omitting from paragraph (1)(a) “fixed”; and

                     (b)  by omitting from paragraph (1)(c) “any Commonwealth security” and substituting “public securities as defined by subsection 20D(8)”.

142  Trustee’s accounts and audit

Section 175 of the Principal Act is amended:

                     (a)  by adding at the end of paragraph (1)(a) “and”; and

                     (b)  by omitting paragraph (1)(b).

143  Removal of trustee

Section 181 of the Principal Act is amended by inserting “, or a registered trustee who is, by virtue of subsection 156A (3), the trustee of the estate of the bankrupt concerned,” after “them,”.

144  Trustee’s and solicitor’s duties and powers

Section 190 of the Principal Act is amended by adding at the end of subsection (3) “or with the leave of the Court”.

145  Payment of unclaimed moneys into Consolidated Revenue Fund

Section 254 of the Principal Act is amended:

                     (a)  by omitting from paragraph (2A)(a) “or an Official Receiver” and substituting “, an Official Receiver or a registered trustee”; and

                     (b)  by omitting from subsection (2A) “the Official Trustee or Official Receiver” (wherever occurring) and substituting “the Official Trustee, Official Receiver or registered trustee”.

146  Protection in respect of reports

             (1)  Section 306B of the Principal Act is amended:

                     (a)  by omitting from subsection (1) “an Official Receiver” and substituting “the trustee of the estate of a bankrupt”; and

                     (b)  by omitting from subsection (1) “19(1)(c)” and substituting “19(1)(c) or (g)”.

             (2)  Notwithstanding the amendments of section 306B of the Principal Act made by subsection (1) of this section, that section of the Principal Act continues to apply, after the commencement of this section, in relation to reports prepared in pursuance of paragraph 19(1)(c) of the Principal Act before the commencement of this section.

147  Protection in respect of trustees’ reports

             (1)  Section 306C of the Principal Act is repealed.

             (2)  Notwithstanding the repeal of section 306C of the Principal Act effected by subsection (1) of this section, that section of the Principal Act continues to apply, after the commencement of this section, in relation to reports prepared in pursuance of paragraph 175(1)(b) of the Principal Act before the commencement of this section.


 

Part VICommonwealth employees (compensation)

  

148  Principal Act

                   The Compensation (Commonwealth Government Employees) Act 1971 is in this Part referred to as the Principal Act.

149  Amendments of the Compensation (Commonwealth Government) Employees Act

                   The Principal Act is amended as set out in Schedule 2.

150  Interpretation

                   Expressions used in this Part that are used in the Principal Act have, unless the contrary intention appears, the same meanings as in the Principal Act.

151  Review of existing determinations

             (1)  Where a determination was made by the Commissioner for Employees’ Compensation under the Principal Act before the date of commencement of this Part, then, subject to this Part:

                     (a)  if a party to the determination had not, before that date, requested the Commissioner to refer a matter or question to which the determination relates to a Compensation Tribunal for reconsideration and had not, before that date, applied to a prescribed Court for a judicial review of the determination, then, subject to this Part, the Principal Act as amended by this Part applies in relation to the determination in like manner as it applies in relation to a determination made on or after that date;

                     (b)  if a party to the determination had, before that date, applied to a prescribed Court for a judicial review of the determination, then, notwithstanding the amendments made by section 149, the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination;

                     (c)  if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination and the Court had granted an extension for a period ending on or after that date but an application had not been made before that date for a judicial review of the determination then, notwithstanding the amendments made by section 149:

                              (i)  the Principal Act continues to apply for the purpose of enabling the party to make such an application within that period; and

                             (ii)  where the party makes an application within that period—the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination;

                     (d)  if a party to the determination had, before that date, applied to a prescribed Court for an extension of time for lodging and serving an application for a judicial review of the determination but the Court had not, before that date, heard and determined the application for the extension of time, then, notwithstanding the amendments made by section 149:

                              (i)  the Principal Act continues to apply for the purpose of enabling the Court to hear and determine the application and, where the Court grants the extension of time, enabling that party to apply for a judicial review of the determination within the period for which the time is extended; and

                             (ii)  where the party applies for a judicial review of the determination within that period—the Principal Act continues to apply in relation to the determination, and in relation to any determination made by a prescribed Court in substitution for the determination; or

                     (e)  if a party to the determination had, before that date, requested the Commissioner to refer a matter or question to which the determination relates to a Compensation Tribunal for reconsideration and no Compensation Tribunal had, before that date, commenced the hearing of a reconsideration of the matter or question or a Compensation Tribunal had commenced the hearing but had not, before that date, given its decision on the matter or question:

                              (i)  the proceeding before the Compensation Tribunal is, by force of this section, transferred to the Administrative Appeals Tribunal and shall continue before that Tribunal as if it were a proceeding on an application for a review of the determination made to that Tribunal by the party to the determination who made the request; and

                             (ii)  if a question of law that had arisen in the proceeding had been referred by the Compensation Tribunal to the Federal Court of Australia under section 94A of the Principal Act and that Court had not given its opinion on the question—that question shall be deemed to have been referred to that Court by the Administrative Appeals Tribunal under section 45 of the Administrative Appeals Tribunal Act 1975 but, for the purposes of the reference, that Court shall be constituted in accordance with section 94A of the Principal Act.

             (2)  For the purposes of the application of paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975 in relation to a determination that was made under the Principal Act before the date of commencement of this Part and of which notification was given under section 61 of the Principal Act within the period of 60 days before that date, the prescribed time is:

                     (a)  the period of 60 days commencing on the date of commencement of this Part; or

                     (b)  the period applicable under subsection 29(2) of the Administrative Appeals Tribunal Act 1975 as that subsection has effect by virtue of subsection 65(4) of the Principal Act as amended by this Part;

whichever period expires later.

             (3)  Paragraph (1)(e) applies in relation to a request lodged with the Clerk of a Compensation Tribunal before the date of commencement of this Part notwithstanding that the request was lodged after the period referred to in paragraph 76(1)(c) of the Principal Act and, for the purposes of paragraph (1)(e), a proceeding in respect of the request shall be taken to be before a Compensation Tribunal notwithstanding that the request was lodged after that period, but nothing in this subsection requires the Administrative Appeals Tribunal to hear and determine the proceeding unless that Tribunal extends the time for making the application so that the application is to be taken to have been duly lodged with the Tribunal.

152  Proceeding transferred to Administrative Appeals Tribunal

                   Where a proceeding before a Compensation Tribunal in relation to a determination made before the date of commencement of this Part is transferred to the Administrative Appeals Tribunal by virtue of section 151:

                     (a)  the request that instituted the proceeding:

                              (i)  shall be deemed to constitute an application for the review of the determination made, by the party who made the request, to the Administrative Appeals Tribunal; and

                             (ii)  shall be deemed to have complied with the requirements of paragraphs 29(1)(a), (b) and (c) of the Administrative Appeals Tribunal Act 1975;

                     (b)  if the request was lodged with the Clerk of a Compensation Tribunal within the period referred to in paragraph 76(1)(c) of the Principal Act or within any extension of that period granted under section 77 of that Act, the application that is deemed by paragraph (a) of this section to have been made to the Administrative Appeals Tribunal shall be deemed to have been lodged with the Administrative Appeals Tribunal within the time prescribed by paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975;

                     (c)  if the request was lodged with the Clerk of a Compensation Tribunal after the period referred to in paragraph 76(1)(c) of the Principal Act, the application that is deemed by paragraph (a) of this section to have been made to the Administrative Appeals Tribunal shall be deemed to have been lodged with the Administrative Appeals Tribunal after the time prescribed by paragraph 29(1)(d) of the Administrative Appeals Tribunal Act 1975 but nothing in this paragraph affects the powers of the Administrative Appeals Tribunal under subsection 29(7) of that Act;

                     (d)  the Administrative Appeals Tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the Compensation Tribunal relating to its reconsideration of the determination, including a record of any evidence that had been taken;

                     (e)  a person who has in his possession or under his control a document or other thing that was furnished to him in connection with the proceeding before a Compensation Tribunal shall lodge that document or thing with the Administrative Appeals Tribunal;

                      (f)  the President of the Administrative Appeals Tribunal, or a Deputy President or senior non‑presidential member of the Administrative Appeals Tribunal authorized for the purpose by the President, may give such directions, not inconsistent with the Administrative Appeals Tribunal Act 1975 or any regulations in force under that Act, as he thinks appropriate in respect of any matter relating to the conduct of the review by that Tribunal of the determination;

                     (g)  the Principal Act as amended by this Part applies in relation to the determination in like manner as that Act as so amended applies in relation to a determination made after the commencement of this Part;

                     (h)  subject to the preceding provisions of this section, the Administrative Appeals Tribunal Act 1975 applies in relation to the determination in like manner as it applies in relation to a determination made after the commencement of this Part; and

                      (j)  the power of the Administrative Appeals Tribunal to make an order in relation to costs under section 64 of the Principal Act as amended by this Part extends in relation to costs incurred in respect of the proceeding before a Compensation Tribunal.

153  Extension of time

             (1)  A request for an extension of time made before the date of commencement of this Part to a Compensation Tribunal under section 77 of the Principal Act that had not been dealt with by that Tribunal before that date shall be deemed to be an application for an extension of time made to the Administrative Appeals Tribunal under subsection 29(7) of the Administrative Appeals Tribunal Act 1975.

             (2)  Where a request for an extension of time was granted before the date of commencement of this Part by a Compensation Tribunal under section 77 of the Principal Act, the extension shall be deemed to have been granted by the Administrative Appeals Tribunal under subsection 29(7) of the Administrative Appeals Tribunal Act 1975.

154  Lodging of material documents with Administrative Appeals Tribunal

                   For the purposes of a proceeding that is transferred to the Administrative Appeals Tribunal by virtue of section 151:

                     (a)  the reference in subsection 37(1) of the Administrative Appeals Tribunal Act 1975 to 28 days after receiving notice of the application for review shall be construed as a reference to 28 days after the commencement of this Part; and

                     (b)  if the Commissioner for Employees’ Compensation has complied with the requirements of paragraphs 78(a) and (b) of the Principal Act, he shall be deemed to have complied with the requirements of paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 and the documents sent by him to the Clerk of a Compensation Tribunal shall be deemed to constitute a statement referred to in paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975,

but nothing in this section affects the powers of the Administrative Appeals Tribunal under section 38 of that last‑mentioned Act.

155  Saving provision relating to Federal Court of Australia

                   Notwithstanding the amendments made by section 149, Division 5 of Part V of the Principal Act continues to apply in relation to any decision of a Compensation Tribunal made before the commencement of this Part but, for the purposes of the exercise of the powers of the Federal Court of Australia under paragraph 95(3)(c) of the Principal Act in respect of an appeal to that Court from such a decision, the reference in that paragraph to the Compensation Tribunal shall be construed as a reference to the Administrative Appeals Tribunal which shall deal with any case remitted to it under that paragraph as if the decision appealed from were a decision of that Tribunal in a proceeding duly instituted before that Tribunal in relation to the relevant determination of the Commissioner.


 

Part VIICommonwealth employees (payments of remuneration and allowances)

  

156  Principal Act

                   The Audit Act 1901 is in this Part referred to as the Principal Act.

157 

Before section 70A of the Principal Act the following section is inserted in Part XIII:

70AH  Method of paying salary

             (1)  Except where the Minister otherwise determines, any payment of remuneration or allowances to a Commonwealth employee shall be made otherwise than in cash.

             (2)  In this section:

Commonwealth authority means an authority or body, whether a body corporate or not, established for a public purpose by or under a law of the Commonwealth or of a Territory (other than the Northern Territory), and includes a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest.

Commonwealth employee means:

                     (a)  a person who is an officer or employee for the purposes of the Public Service Act 1922 or is the holder of a statutory office;

                     (b)  any other person employed by the Commonwealth or by a Commonwealth authority, whether in a permanent capacity or otherwise; or

                     (c)  a person holding an office or appointment in the Commonwealth Teaching Service or an office or appointment under the Supply and Development Act 1939 or under regulations under the Naval Defence Act 1910;

but does not include a member of the Defence Force.


 

Part VIIICommonwealth teaching service

  

158  Principal Act

                   The Commonwealth Teaching Service Act 1972 is in this Part referred to as the Principal Act.

159  Interpretation

Section 4 of the Principal Act is amended by inserting after the definition of scholarship in subsection (1) the following definitions:

school means a school or any similar institution at which pre‑school, primary, secondary or technical or further education is provided, but does not include a university as defined by the Commonwealth Tertiary Education Commission Act 1977 or a college of advanced education as defined by that Act.

Secretary means the Secretary to the Department of Education.

State includes the Northern Territory.

160

Part II of the Principal Act is repealed and the following Part is substituted:

 

Part II—Administration

6  Object of Act

                   The object of this Act is to provide for the employment of persons who are to be made available for the performance of teaching duties in Commonwealth schools and certain other schools.

7  Functions of relevant authorities

             (1)  The functions of the relevant authorities are to make officers and temporary employees available for the performance of teaching duties as mentioned in section 6.

             (2)  The relevant authority in relation to a component of the Service may, and if so directed by the Minister shall, make an officer of, or temporary employee engaged to perform services in relation to, that component available to the Government of a country other than Australia or to an authority of such a Government for the performance of teaching duties in a school or schools conducted in that country by that Government or authority or, in the case of Papua New Guinea, by a body other than the Government or an authority of the Government.

             (3)  Where a State or an authority of a State has made, or proposes to make, a person or persons available to an authority or authorities conducting a Commonwealth school or Commonwealth schools for the performance of teaching duties in that school or those schools, a relevant authority in relation to a component of the Service may, and if so directed by the Minister shall, make an officer of, or temporary employee engaged to perform services in relation to, that component available to that State or to that authority of that State for the performance of teaching duties in a school or schools conducted by that State or by that authority of that State.

             (4)  A relevant authority shall not direct an officer to perform duties under subsection 7(2) or (3) unless the officer consents to perform those duties.

             (5)  Where a relevant authority makes a person available to an authority that conducts two or more schools, the last‑mentioned authority may make use of the services of the person in whichever of those schools that authority thinks fit.

             (6)  A relevant authority has power to do all things necessary or convenient for the purposes of this section.

8  Delegation

             (1)  A relevant authority may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person any of the powers of that relevant authority under this Act other than this power of delegation.

             (2)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the relevant authority.

             (3)  A delegation under this section does not prevent the exercise of a power by a relevant authority.

161 

Section 19 of the Principal Act is repealed and the following section is substituted:

19  Establishment of Commonwealth Teaching Service

             (1)  The Commonwealth Teaching Service established under the Commonwealth Teaching Service Act 1972 as amended and in force immediately before the commencement of this section is continued in existence for all purposes.

             (2)  The Service shall consist of the persons who were members of the Service under the Commonwealth Teaching Service Act 1972 as amended and in force immediately before the commencement of this section (other than persons whose membership of that Service would have terminated at the expiration of the day immediately before the date of commencement of this section if Part VIII of the Commonwealth Functions (Statutes Review) Act 1981 had not been enacted) and such persons as are appointed as officers or engaged as temporary employees after the commencement of this section in accordance with this Part.

             (3)  The Commonwealth Teaching Service as continued in existence by subsection (1) is divided into the following components:

                     (a)  an Australian Capital Territory Schools component;

                     (b)  an Australian Capital Territory Technical and Further Education component;

                     (c)  a general component; and

                     (d)  such other components as are prescribed.

             (4)  Each component shall consist of officers holding positions in the Service established in that component and temporary employees engaged for the purpose of performing services in relation to that component.

             (5)  For the purposes of this Act, the relevant authority in relation to a component of the Service is:

                     (a)  in the case of the Australian Capital Territory Schools component—the person for the time being holding, or performing the duties of, the office of Chief Education Officer of the Australian Capital Territory Schools Authority;

                     (b)  in the case of the Australian Capital Territory Technical and Further Education component—the person for the time being holding, or performing the duties of, an office in the Australian Public Service for the time being designated for the purposes of that component by the Secretary by writing signed by him;

                     (c)  in the case of the general component—the person for the time being holding, or performing the duties of, the office of Secretary or, if another office in the Australian Public Service is for the time being designated for the purposes of that component by the Secretary by writing signed by him—the person for the time being holding, or performing the duties of, that other office; and

                     (d)  in the case of any other component:

                              (i)  in a case to which neither subparagraph (ii) nor (iii) applies—the person for the time being holding, or performing the duties of, the office of Secretary;

                             (ii)  if an office in the Australian Public Service is for the time being designated for the purposes of that component by the Secretary by writing signed by him and subparagraph (iii) does not apply—the person for the time being holding, or performing the duties of, that office; or

                            (iii)  if the regulations designate a particular office for the purposes of that component—the person for the time being holding, or performing the duties of, that office.

162  Officers

Section 20 of the Principal Act is amended:

                     (a)  by omitting subsection (1) and substituting the following subsection:

             (1)  The relevant authority in relation to a component of the Service shall, on behalf of the Commonwealth, appoint as officers in that component such number of persons as he thinks necessary for the purpose of achieving the object of this Act in relation to that component.;

                     (b)  by inserting in subsection (2) “by a relevant authority” after “officer” (first occurring);

                     (c)  by omitting “Commissioner” from subsection (2) (wherever occurring) and substituting “relevant authority”;

                     (d)  by omitting from subsection (3) “The Commissioner” and substituting “The relevant authority”; and

                     (e)  by omitting subsections (4) and (5) and substituting the following subsections:

             (4)  Subject to this Part, officers hold office on such terms and conditions as the Public Service Board determines.

             (5)  A determination under subsection (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, a determination made under section 82D of the Public Service Act 1922.

             (6)  Subsections 82D(8) to (12), inclusive, and sections 82E and 82F of the Public Service Act 1922 apply in relation to determinations made under subsection (4) of this section in like manner as they apply in relation to determinations made under section 82D of the Public Service Act 1922.

             (7)  Officers appointed by a relevant authority shall perform duties as directed by that relevant authority.

163  Employees

Section 23 of the Principal Act is amended:

                     (a)  by omitting subsection (1) and substituting the following subsection:

             (1)  The relevant authority in relation to a component of the Service may, on behalf of the Commonwealth, engage persons as temporary employees to perform services in relation to that component.;

                     (b)  by inserting in subsection (2) “by a relevant authority” after “employee”;

                     (c)  by omitting from subsection (2) “the Commissioner” (wherever occurring) and substituting “the relevant authority”;

                     (d)  by omitting from subsection (3) “The Commissioner” and substituting “The relevant authority”;

                     (e)  by omitting subsections (4) and (5) and substituting the following subsections:

             (4)  Persons engaged as temporary employees shall be employed on such terms and conditions as the Public Service Board determines.

             (5)  A determination under subsection (4) may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, a determination made under section 82D of the Public Service Act 1922.

             (6)  Subsections 82D(8) to (12), inclusive, and sections 82E and 82F of the Public Service Act 1922 apply in relation to determinations made under subsection (4) of this section in like manner as they apply in relation to determinations made under section 82D of the Public Service Act 1922.

             (7)  Persons engaged as temporary employees by a relevant authority shall perform duties as directed by that relevant authority.

164  Leave of absence for service with a State or outside Australia

             (1)  Section 24 of the Principal Act is repealed.

             (2)  Where, before the commencement of this section, leave of absence was granted to a member of the Service under section 24 of the Principal Act for a period commencing on or after, or extending after, the commencement of this section:

                     (a)  the repeal of that section does not affect the grant of that leave of absence;

                     (b)  any such leave of absence that occurs after the commencement of this section shall be deemed to have been granted in accordance with the terms and conditions (in this paragraph referred to as the relevant provisions) on which the member holds office, or is engaged as a temporary employee, as the case may be, and the conditions (if any) subject to which the leave was granted shall be deemed to be conditions applicable to the grant of that leave under the relevant provisions; and

                     (c)  the period during which the member is so absent on leave forms part of his period of service as a member of the Service.

165 

Section 25 of the Principal Act is repealed and the following section is substituted:

25  Creation and abolition of position

             (1)  Each position in the Service immediately before the commencement of this section continues in existence as a position in the Service in such component of the Service as the Public Service Board determines.

             (2)  The Public Service Board may authorize a relevant authority to create positions in the component of the Service in relation to which that authority is the relevant authority and to abolish positions in that component.

             (3)  Where the Public Service Board authorizes the creation of a position, it shall determine the salary, or the range of salary, to be applicable to the position.

166  Promotions Appeal Boards

Section 30 of the Principal Act is amended:

                     (a)  by omitting from paragraph (2)(c) “elected, as prescribed, by” and substituting “nominated, as provided by the regulations, to represent”; and

                     (b)  by omitting subsections (4), (5), (6) and (10).

167  Tenure of office

Division 4 of the Principal Act is repealed.

168  Retirement on grounds of inefficiency or incapacity

Section 34 of the Principal Act is repealed.

169  Disciplinary action for misconduct

Section 35 of the Principal Act is amended by omitting paragraphs (10)(a) to (h), inclusive, and substituting the following paragraphs:

                     (a)  he wilfully disobeys, or wilfully disregards, a direction given by a person having authority to give the direction, being a direction with which it is his duty as an officer to comply;

                     (b)  he is inefficient or incompetent for reasons or causes within his own control;

                     (c)  he is negligent or careless in the discharge of his duties;

                     (d)  he engages in improper conduct as an officer;

                     (e)  he engages in improper conduct otherwise than as an officer, being conduct that affects adversely the performance of his duties or brings the Service into disrepute;

                      (f)  he contravenes or fails to comply with:

                              (i)  a provision of this Act or of the regulations, being a provision that is applicable to him; or

                             (ii)  the terms and conditions upon which he is employed; or

                     (g)  he has, whether before or after becoming an officer, wilfully supplied to the Commonwealth Teaching Service Commissioner, a relevant authority, a person acting on behalf of the Commonwealth Teaching Service Commissioner or of a relevant authority, or any other officer of the Service, incorrect or misleading information in connection with his appointment to the Service.

170  Disciplinary Appeals Board

Section 37 of the Principal Act is amended:

                     (a)  by omitting from paragraph (2)(c) “elected, as prescribed, by” and substituting “nominated, as provided by the regulations, to represent”; and

                     (b)  by omitting subsections (4), (5), (6) and (10).

171  Interpretation

Section 38 of the Principal Act is amended by adding at the end thereof the following subsection:

             (4)  For the purposes of this Division, the Public Service Board shall be deemed to be the employer of the employees of the Service.

172  [see Note 2]

Section 44 of the Principal Act is amended by omitting “Commissioner” (wherever occurring) and substituting “Secretary”.

173  Payment of benefits under scholarships [see Note 2]

Section 46 of the Principal Act is amended by omitting “Commissioner” and substituting “Secretary”.

174 

Sections 50 and 51 of the Principal Act are repealed and the following sections are substituted:

50  Delegation

             (1)  The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under Division 10 of Part III or under Part IV.

             (2)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Secretary.

             (3)  A delegation under this section does not prevent the exercise of a power by the Secretary.

51  Approvals

             (1)  An approval under this Act may be varied or revoked by the person by whom, or by the authority by which, the approval was given.

             (2)  A person who, or authority which, gives, varies, or revokes an approval under this Act shall make such arrangements as the person or authority thinks proper for giving public notice of the giving of the approval or of the variation or revocation of the approval.

175  Additional amendments

                   The Principal Act is amended as set out in Schedule 3.

176  Transitional and Saving

                   Notwithstanding the amendments of the Principal Act made by this Part:

                     (a)  any determination made or approval given by the Commonwealth Teaching Service Commissioner under the Principal Act and in force immediately before the commencement of this section continues in force as if it were a determination made or approval given by the person or authority having power to make such a determination or give such an approval under the Principal Act as amended by this Part;

                     (b)  any reference in a determination or approval referred to in paragraph (a) to the Commonwealth Teaching Service Commissioner shall, except in relation to matters that occurred before the commencement of this section, be read as a reference to the person or authority having power to make such a determination or give such an approval under the Principal Act as amended by this Part;

                     (c)  a person who held a position in the Commonwealth Teaching Service immediately before the commencement of this section and continues in the Service after that commencement by virtue of subsection 19(2) of the Principal Act as amended by this Part continues to hold that position after that commencement;

                     (d)  a person who was a temporary employee in the Commonwealth Teaching Service immediately before the commencement of this section and continues in the Service after that commencement by virtue of subsection 19(2) of the Principal Act as amended by this Part continues as a temporary employee in the Service in such component of the Service as the Secretary determines;

                     (e)  any provisional promotion to a position in the Commonwealth Teaching Service that was made before the commencement of this section but had not been confirmed before that commencement continues to have effect and may be confirmed or appealed against under the Principal Act as amended by this Part;

                      (f)  any appeal to a Promotions Appeals Board, or to the Disciplinary Appeals Board, that was pending immediately before the commencement of this section continues in force and may be heard or determined under the Principal Act as amended by this Part;

                     (g)  any person who held office as a member of a Promotions Appeals Board or of the Disciplinary Appeals Board immediately before the commencement of this section continues to hold office as if he had been duly appointed under the Principal Act as amended by this Part; and

                     (h)  in any proceeding before the Australian Conciliation and Arbitration Commission in respect of an industrial dispute or industrial matter in respect of the Commonwealth Teaching Service that was pending immediately before the commencement of this section the Public Service Board shall be deemed to be a party to the proceeding in place of the Commonwealth Teaching Service Commissioner.


 

Part IXDirector‑General of Health

  

177  Director‑General of Health to be medical practitioner

Section 5 of the National Health Act 1953 is repealed.


 

Part XExport expansion grants

  

178  Principal Act

                   The Export Expansion Grants Act 1978 is in this Part referred to as the Principal Act.

179  Interpretation

Section 3 of the Principal Act is amended:

                     (a)  by adding “or (4A)” at the end of the definition of eligible services in subsection (1); and

                     (b)  by omitting “4” from the definition of grant year in subsection (1) and substituting “5”.

180 

             (1)  Section 13 of the Principal Act is repealed and the following section is substituted:

13  Incentive grant entitlements

                   Subject to this Act, the incentive grant entitlement of a claimant in relation to a grant year is an amount equal to:

                     (a)  where his export earnings increment for that year does not exceed $500,000—7.5% of that increment;

                     (b)  where his export earnings increment for that year exceeds $500,000 but does not exceed $5,000,000—the sum of $37,500 and an amount equal to 5% of the difference between that increment and $500,000;

                     (c)  where his export earnings increment for that year exceeds $5,000,000 but does not exceed $10,000,000—the sum of $262,500 and an amount equal to 2.5% of the difference between that increment and $5,000,000; or

                     (d)  where his export earnings increment for that year exceeds $10,000,000—the sum of $387,500 and an amount equal to 1.25% of the difference between that increment and $10,000,000.

             (2)  The amendment made by subsection (1) applies in respect of the grant year commencing on 1 July 1982 and section 13 of the Principal Act continues to apply in respect of earlier grant years.

181  Regulations

Section 22 of the Principal Act is amended by inserting after subsection (4) the following subsection:

          (4A)  The regulations may declare that services by way of provision of eligible goods under an agreement for lease or hire of those goods are eligible services.


 

Part XIExport market development grants

  

182  Principal Act

                   The Export Market Development Grants Act 1974 is in this Part referred to as the Principal Act.

183  Interpretation

Section 3 of the Principal Act is amended:

                     (a)  by adding “or (2A)” at the end of the definition of eligible services in subsection (1); and

                     (b)  by omitting “7” from the definition of grant year in subsection (1) and substituting “8”.

184  Regulations

Section 43 of the Principal Act is amended by inserting after subsection (2) the following subsection:

          (2A)  The regulations may declare that services by way of provision of eligible goods under an agreement for lease or hire of those goods are eligible services.


 

Part XIIForeign takeovers

  

185  Principal Act

                   The Foreign Takeovers Act 1975 is in this Part referred to as the Principal Act.

186  Interpretation

Section 5 of the Principal Act is amended by inserting after the definition of moneylending agreement in subsection (1) the following definition:

non‑trading company means a corporation:

                     (a)  that does not carry on any business and is not engaged in any trading activities; and

                     (b)  the value of the assets of which does not exceed $1,000.

187  Compulsory notification of transactions

Section 26 of the Principal Act is amended by inserting in subsection (2) “(other than a non‑trading company)” after “Australian corporation” (twice occurring).


 

 

Part XIVIndustries Assistance Commission

203  Principal Act

                   The Industries Assistance Commission Act 1973 is in this Part referred to as the Principal Act.

204  Reference of matters to Commission

Section 23 of the Principal Act is amended by inserting in subsection (1) “or to industries generally” after “a particular group or groups of primary or secondary industries”.

205  Temporary Assistance Authority

Section 25 of the Principal Act is amended:

                     (a)  by inserting in subsection (2) “subsection (3A) and” after “Subject to”; and

                     (b)  by inserting after subsection (3) the following subsections:

          (3A)  The Governor‑General may, under subsection (2), appoint the person who holds the office of Commissioner for Petroleum Products Pricing as the full‑time member of the Authority, and nothing in this Act operates to prohibit such a person carrying out the duties of the office of Commissioner for Petroleum Products Pricing.

          (3B)  Notwithstanding section 6 as it applies by virtue of subsection (3) of this section, the person who holds the office of full‑time member of the Authority may be appointed to, and may carry out the duties of, the office of Commissioner for Petroleum Products Pricing.

206  Validation of references made before commencement of Part

                   If, before the commencement of this Part, the Minister for Business and Consumer Affairs purported to refer to the Industries Assistance Commission a matter that could not have been referred to the Industries Assistance Commission under section 23 of the Industries Assistance Commission Act 1973 as amended and in force immediately before the commencement of this Part, being a matter that could be referred to the Industries Assistance Commission under section 23 of the Industries Assistance Commission Act 1973 as amended and in force immediately after the commencement of this Part, that matter shall be deemed to have been referred to the Industries Assistance Commission on the date of commencement of this Part.


 

Part XVLands acquisition

  

207  Principal Act

                   The Lands Acquisition Act 1955 is in this Part referred to as the Principal Act.

208  Interpretation

Section 5 of the Principal Act is amended by inserting before the definition of claimant in subsection (1) the following definition:

Australia includes the external Territories.

209 

Section 5A of the Principal Act is repealed and the following section is substituted:

5A  Application of Act

                   This Act applies both within and outside Australia and extends to every external Territory.

210  Modes of acquisition

Section 6 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

             (1)  The Commonwealth may:

                     (a)  acquire land in Australia for a public purpose by agreement or by compulsory process; and

                     (b)  acquire land outside Australia for a public purpose by agreement.

211  Disposal of land

Section 53 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

             (4)  Subsection (3) does not apply:

                     (a)  in relation to land outside Australia; or

                     (b)  where the Commonwealth has, since the date of acquisition, made substantial improvements to the land.


 

Part XVILegislative Drafting Institute

  

212  Repeal

                   The Legislative Drafting Institute Act 1974 is repealed.

213  Interpretation

                   In this Part, unless the contrary intention appears:

commencing day means the day on which this Part comes into operation.

Institute means the Legislative Drafting Institute established by the repealed Act.

repealed Act means the Legislative Drafting Institute Act 1974.

214  Transfer of rights, liabilities etc.

                   On the commencing day:

                     (a)  any rights, property or moneys that immediately before that day were vested in the Institute are, by force of this section, vested in the Commonwealth; and

                     (b)  the Commonwealth becomes, by force of this section, liable to pay or discharge any debts, liabilities or obligations of the Institute that existed immediately before that day.

215  Report on operations of Institute

                   The Attorney‑General shall, as soon as practicable after the commencing day, cause to be prepared a report of the operations of the Institute during the period that commenced at the expiration of the last period in respect of which a report of the operations of the Institute was furnished to the Attorney‑General and ended immediately before the commencing day (in section 216 referred to as the relevant period), together with financial statements in respect of that period in such form as the Minister for Finance approves.

216  Audit of financial statements

                   The Attorney‑General shall cause the financial statements prepared in accordance with section 215 to be submitted to the Auditor‑General, who shall report to the Attorney‑General:

                     (a)  whether the statements are based on proper accounts and records;

                     (b)  whether the statements are in agreement with the accounts and records;

                     (c)  whether, in his opinion, the receipt, expenditure and investment of moneys, and the acquisition and disposal of assets, by the Institute during the relevant period were in accordance with the repealed Act; and

                     (d)  as to such matters arising out of the statements as the Auditor‑General considers should be reported to the Attorney‑General.

217  Report and financial statements to be laid before Parliament

                   The Attorney‑General shall cause copies of the report and financial statements together with a copy of the report of the Auditor‑General to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Attorney‑General of the report of the Auditor‑General.

218  Officers’ Rights Declaration Act

                   Where, at the expiration of the day immediately preceding the commencing day, the repealed Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time the Director or a member of the staff of the Institute, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the repealed Act had not been repealed but that person had on the first‑mentioned day resigned his office or resigned from his employment with the Institute, as the case may be.


 

Part XVIINavigation

Division 1Navigation Act 1912

219  Principal Act

                   The Navigation Act 1912 is in this Division referred to as the Principal Act.

220  Interpretation

Section 6 of the Principal Act is amended by inserting after subsection (4) the following subsections:

          (4A)  Where, in pursuance of articles of agreement, a person becomes a member of the crew of a ship, he shall, until he ceases to be a member of the crew of the ship, be deemed, for the purposes of this Act, to belong to the ship.

          (4B)  A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall be deemed, for the purposes of this Act, to cease to belong to the ship and does not again belong to the ship until he again becomes a member of the crew of the ship.

          (4C)  A person who, in pursuance of articles of agreement, ceases temporarily to be a member of the crew of a ship shall not be taken to have been discharged from the ship.

221 

Section 52 of the Principal Act is repealed and the following section is substituted:

52  Owner or master to furnish details of crew of ship

             (1)  The owner or master of a ship to which this Part applies shall, at such times as are prescribed and in accordance with the prescribed form or in a form approved by the Minister by instrument in writing, furnish to a superintendent at a port such details of, and such details of changes in, the crew of the ship as are required by the form to be furnished.

             (2)  Where there is a failure to comply with subsection (1) in relation to a ship to which this Part applies, the owner and the master of the ship are each guilty of an offence punishable upon conviction by a fine not exceeding:

                     (a)  in the case of an offence by a natural person—$500; or

                     (b)  in the case of an offence by a body corporate—$1,000.

222  Certificate where seaman left behind

Section 148B of the Principal Act is amended:

                     (a)  by omitting from subsection (1) “The master” and substituting “Subject to subsection (1A), the master”; and

                     (b)  by inserting after subsection (1) the following subsection:

          (1A)  Subsection (1) does not apply in relation to a seaman serving under articles of agreement where the seaman is left behind, or is proposed to be left behind, in accordance with the terms of the articles of agreement.

223  Wages and effects of seaman left behind

Section 148C of the Principal Act is amended:

                     (a)  by omitting from subsection (1) “If a seaman” and substituting “Subject to subsection (1A), if a seaman”; and

                     (b)  by inserting after subsection (1) the following subsection:

          (1A)  Subsection (1) does not apply in relation to a seaman serving under articles of agreement where the seaman is left on shore at a port in accordance with the terms of the articles of agreement.


 

Division 2Navigation Amendment Act 1980

224  Principal Act

                   The Navigation Amendment Act 1980 is in this Division referred to as the Principal Act.


 

Division 3Navigation Amendment Act 1981

229  Principal Act

                   The Navigation Amendment Act 1981 is in this Division referred to as the Principal Act.


 

Part XVIIIPrices Justification Tribunal

  

231  Repeal

                   The following Acts are repealed:

Prices Justification Act 1973

Prices Justification Act 1974

Prices Justification Amendment Act 1976

Prices Justification Amendment Act 1979.

232  Report on operations of Prices Justification Tribunal

                   The Minister for Business and Consumer Affairs shall, as soon as practicable after the commencement of this Part, cause to be prepared a report of the operations of the Prices Justification Tribunal during the period that commenced at the expiration of the last period in respect of which a report of the operations of that Tribunal was furnished to that Minister and ended immediately before the commencement of this Part and shall cause copies of the report to be laid before each House of the Parliament as soon as practicable after the report is prepared.

233  Transfer of records

             (1)  The Minister for Business and Consumer Affairs shall, as soon as practicable after the commencement of this Part, cause to be transferred to the Petroleum Products Pricing Authority the records of the Prices Justification Tribunal that relate to the production or supply of petroleum products as defined in the Petroleum Products Pricing Act 1981 or to services related to the production or supply of petroleum products as so defined.

             (2)  The Minister for Business and Consumer Affairs shall, as soon as practicable after the commencement of this Part, cause to be transferred to the Australian Archives the records of the Prices Justification Tribunal other than the records referred to in subsection (1).

234  Obligation of secrecy to continue

             (1)  Notwithstanding the repeals effected by section 231, the provisions of section 34A of the Prices Justification Act 1973 as amended and in force immediately before the commencement of this Part continue to operate in relation to any person who, immediately before that commencement, was a person to whom that section applied.

             (2)  Section 34A of the Prices Justification Act 1973 as continued in operation by subsection (1) does not operate to prohibit:

                     (a)  the transfer of records to the Petroleum Products Pricing Authority or the Australian Archives as required by section 233; or

                     (b)  a person divulging or communicating any information or producing any document (being information or a document relating to the production or supply of petroleum products or to services relating to the production or supply of petroleum products) to:

                              (i)  the Commissioner for Petroleum Products Pricing;

                             (ii)  an associate Commissioner of the Petroleum Products Pricing Authority;

                            (iii)  a consultant to the Petroleum Products Pricing Authority;

                            (iv)  a member of the staff of the Petroleum Products Pricing Authority; or

                             (v)  an officer of the Department of Administrative Services.

235  Officers’ Rights Declaration Act

                   Where, at the expiration of the day immediately preceding the commencement of this Part, the repealed Officers’ Rights Declaration Act 1928 applied in relation to a person who was at that time a member of the Prices Justification Tribunal, that Act continues, after the commencement of this Part, by force of this section, to apply in relation to that person as if the Acts repealed by section 231 had not been repealed but that person had immediately before the commencement of this Part resigned his office as a member of the Tribunal.


 

Part XIXProcurement of goods, works and services

  

236  Principal Act

                   The Preference to Australian Goods (Commonwealth Authorities) Act 1980 is in this Part referred to as the Principal Act.

237  Amendment of title

                   The title of the Principal Act is amended by omitting “to give preference, in the procurement of goods for Commonwealth authorities, to goods of Australian origin or having an Australian content” and substituting “relating to the procurement of goods, works and services for the Commonwealth and Commonwealth authorities”.

238  Heading

Before section 1 of the Principal Act the following heading is inserted:

Part I—Preliminary

239 

Sections 1 and 2 of the Principal Act are repealed and the following sections are substituted:

1  Short title

                   This Act may be cited as the Procurement of Goods, Works and Services Act 1981.

2  Commencement

             (1)  This Part shall come into operation on the day on which the Commonwealth Functions (Statutes Review) Act 1981 receives the Royal Assent.

             (2)  The remaining Parts shall come into operation on such respective dates as are fixed by Proclamation.

240  Interpretation

Section 3 of the Principal Act is amended:

                     (a)  by inserting in subsection (1), after the definition of procurement, the following definition:

services includes:

                     (a)  services of a professional nature; and

                     (b)  the provision of facilities;

                                   but does not include legal professional services, court reporting services or financing or underwriting services.; and

                     (b)  by omitting subsection (2).

241  Specification of requirement

Section 4 of the Principal Act is repealed.

242  Heading

Before section 5 of the Principal Act the following Part, heading and section are inserted:

 

Part II—Procurement of goods, works and services

4A  Interpretation

                   In this Part, unless the contrary intention appears:

Commonwealth authority means an authority or body (including a body corporate and a corporation sole) established for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or of the Australian Capital Territory, but does not include an intergovernmental body unless that body is prescribed for the purposes of this Part.

goods includes:

                     (a)  ships, aircraft, vehicles, machinery and equipment;

                     (b)  copyrights, patent rights, trademarks and other incorporeal property; and

                     (c)  computer software.

procurement, in relation to goods, includes taking the goods on lease or hire.

4B  Procurement of goods, works and services

             (1)  Subject to this section, after the commencement of this Part, the procurement of goods, works or services on behalf of the Commonwealth or a Commonwealth authority involving expenditure exceeding $10,000, or, if a higher amount is prescribed, that higher amount, shall be undertaken in accordance with arrangements approved by the Secretary to the Department of Administrative Services or approved by a person authorized in writing by him, and not otherwise.

             (2)  The Minister may, by instrument in writing under his hand, grant exemptions from the application of subsection (1), either absolutely or subject to conditions (not being conditions inconsistent with Part III or IV or with regulations in force under the Audit Act 1901), and without limiting the generality of the foregoing, may grant exemptions by reference to one or more of the following:

                     (a)  particular Departments of the Australian Public Service or particular Commonwealth authorities;

                     (b)  particular activities of particular Departments of the Australian Public Service or of particular Commonwealth authorities;

                     (c)  particular classes of goods, work or services;

                     (d)  particular places;

                     (e)  particular stages of procurement;

                      (f)  particular amounts of expenditure;

                     (g)  particular periods of time.

             (3)  Where a provision of a law constituting or establishing a Commonwealth authority requires the authority to obtain the consent or approval of the Minister administering that law before the authority enters into a contract, this section does not exempt the authority from the requirement.

Part III—Commonwealth authorities to invite tenders or quotations

4C  This Part subject to Part II

                   This Part has effect subject to Part II.

243  Tenders or quotations to be invited

Section 5 of the Principal Act is amended:

                     (a)  by inserting “, works or services” after “goods” (wherever occurring); and

                     (b)  by omitting “in such manner as is prescribed” from paragraph (2)(b) and substituting “as prescribed”.

244  List of registered tenderers

Section 6 of the Principal Act is amended by inserting “, works or services” after “goods” in subsection (1).

245  Postponement or cessation of action on tenders

Section 7 of the Principal Act is amended by inserting “, works or services” after “goods”.

246  Heading

After section 8 of the Principal Act the following heading is inserted:

 

Part IV—Preference to goods of Australian origin or having Australian content

247 

Before section 9 of the Principal Act the following sections are inserted:

8A  Interpretation

                   Where a specification of a requirement for goods for a Commonwealth authority includes related services, this Part applies in relation to those goods and related services as if a reference in this Part to goods were a reference to goods and related services.

8B  Specification of requirement

             (1)  A Commonwealth authority, in preparing a specification of a requirement for goods for the authority, shall ensure that the specification is not drawn up so as to exclude goods of Australian origin or goods having an Australian content, being, in either case, goods that are suitable, or reasonably capable of being adapted, for meeting that requirement.

             (2)  The Minister may, by instrument in writing, issue guidelines to assist Commonwealth authorities to comply with subsection (1).

248  Determination of Australian content of goods

Section 9 of the Principal Act is amended:

                     (a)  by omitting from subsection (1) “for the method of calculation” and substituting “for or in relation to the determination”; and

                     (b)  by omitting from subsection (2) “Act” and substituting “Part”.

249  Method of determination of origin of goods

Section 10 of the Principal Act is amended by omitting from subsection (2) “Act” and substituting “Part”.

250  Acceptance of tenders or quotations

Section 13 of the Principal Act is amended by inserting “authority” after “Commonwealth” in paragraph (9)(c).

251  Publication of Australian content of goods

Section 16 of the Principal Act is amended by omitting from subsection (1) “may be published to such persons, and in such circumstances, as are prescribed” and substituting “may, and shall in such cases or classes of cases as are prescribed, be published as prescribed”.

252  Heading

Before section 17 of the Principal Act the following heading is inserted:

 

Part V—Miscellaneous

253  Exemption from Part III or IV

Section 17 of the Principal Act is amended by omitting “this Act” (wherever occurring) and substituting “Part III or IV”.

254  Information to be furnished to Minister

Section 19 of the Principal Act is amended by inserting “, works or services” after “goods”.


 

Part XXRemuneration in respect of dual appointments

  

255  Principal Act

                   The Remuneration Tribunals Act 1973 is in this Part referred to as the Principal Act.

256 

Section 7 of the Principal Act is amended by inserting after subsection (12) the following subsection:

        (12A)  Where the same person holds each of two public offices on a full‑time basis:

                     (a)  if the salary applicable to one of those offices is higher than the salary applicable to the other of those offices—he shall be remunerated only by the salary and annual allowance (if any) applicable to the office to which the higher salary is applicable; or

                     (b)  if the same salary is applicable to each of those offices:

                              (i)  where an annual allowance is applicable to one only of those offices—he shall be remunerated only by the salary and annual allowance applicable to that office;

                             (ii)  if an annual allowance is applicable to each of those offices but the annual allowance applicable to one of those offices is higher than the annual allowance applicable to the other of those offices—he shall be remunerated only by the salary and annual allowance applicable to the office to which the higher annual allowance is applicable; or

                            (iii)  if the same annual allowance is applicable to each of those offices—he shall be remunerated only by the salary and annual allowance applicable to one of those offices.


 

Part XXITransport planning and research

257  Principal Act

                   The Transport Planning and Research (Financial Assistance) Act 1977 is in this Part referred to as the Principal Act.

258  Interpretation

Section 3 of the Principal Act is amended by omitting “or any succeeding year” from the definition of “year to which this Act applies” and substituting “or any of the next 3 succeeding years”.


 

Part XXIIUrban public transport

259  Principal Act

                   The States Grants (Urban Public Transport) Act 1978 is in this Part referred to as the Principal Act.

260  Interpretation

Section 3 of the Principal Act is amended:

                     (a)  by omitting “and includes any amount allocated to the State under section 8 in respect of that year” from the definition of maximum grant in subsection (1); and

                     (b)  by omitting “4” from the definition of year to which this Act applies in subsection (1) and substituting “2”.

261  Transfer of part of maximum grant from one year to another

Section 7 of the Principal Act is amended by omitting subsection (2).

262  Additional amount to be allocated among States

Section 8 of the Principal Act is repealed.

263  Schedule

The Schedule to the Principal Act is amended by omitting:

Year commencing

Year commencing

 

1 July 1981

1 July 1982

 

$

$

 

17,500,000

17,500,000

 

15,000,000

15,000,000

 

8,750,000

8,750,000

 

5,000,000

5,000,000

 

2,500,000

2,500,000

 

1,250,000

1,250,000.


 

Part XXIIIMiscellaneous

  

264  Compensation

             (1)  If the operation of this Act results in the acquisition of property from a person, being an acquisition of property within the meaning of paragraph 51(xxxi) of the Constitution, the Commonwealth is liable to pay to that person such compensation as is determined by agreement between the Commonwealth and that person or, in the absence of agreement, by action brought by that person against the Commonwealth in the Supreme Court of a State or Territory.

             (2)  The Supreme Courts of the States have jurisdiction, and the Supreme Courts of the Territories have jurisdiction to the extent that the Constitution permits, with respect to matters arising under this section.


Schedule 1Amendments of the Wool Industry Act 1972

  

Section 117

Provision amended

Amendments

Subsection 5(2) .......

Omit “, the Authority”.

Subsection 6(1) .......

Omit the definition of the Authority.

Subsection 20(4) .....

Before paragraph (a) insert the following paragraph:

(aa)     carry out tests of wool and other fibres, whether natural or otherwise, and wool products and similar products made wholly or partly from other fibres;

Paragraph 35(b) ......

Omit “or of the Authority”.

Part V .....................

Repeal.

Section 76 ...............

At the end of the section add the following subsection:

     (3)      Where the Minister is satisfied that the retention by the Corporation of land or a building to which this Part applies is not necessary to the maintenance by the Corporation of a minimum wool storage capacity, the Minister may, by writing under his hand, direct the Corporation to dispose of, in such manner and on such terms and conditions as are specified in the instrument of direction, the property or rights of the Corporation in or in respect of the land or building and to apply the proceeds of the disposal in such manner as is so specified, and, where such a direction is given, the Corporation shall comply with the direction.

Subsection 85(1) .....

Omit “and of the Authority” (wherever occurring).

Subsection 85(4) .....

(a) Omit “and of the Authority”.

(b) Omit “or by the Authority”.

Subsection 87(1) .....

Omit “and the Authority are”, substitute “is”.

Subsection 87(1A) ..

Omit “and the Authority are”, substitute “is”.

Subsection 87(2) .....

(a) Omit “and by the Authority”.

(b) Omit “or the Authority”.

Section 89 ...............

Omit “or of the Authority” (wherever occurring).

Subsection 90(5) .....

Omit the subsection.

Subsection 92(2) .....

Omit “subsection (2A) of section 60”, substitute “subsection (2) of section 116 of the Commonwealth Functions (Statutes Review) Act 1981”.


Schedule 2Amendments of the Compensation (Commonwealth Government Employees) Act 1971

  

Section 149

Provision amended

Amendments

Subsection 5(1) .......

Omit the definitions of Compensation Tribunal, Judge, prescribed Court and the Clerk.

Subsection 5(2A) ....

Omit the subsection.

Subsections 5(8) and (9) ...........................


Omit the subsections, substitute:

(8)      A reference in this Act to the institution of a proceeding under Part V in respect of a determination shall be read as a reference to the making of an application to the Administrative Appeals Tribunal under section 63 for a review of the determination.

Paragraph 7A(3)(a) .

Omit “, a Territory forming part of the Commonwealth or a Commonwealth Employees’ Compensation Tribunal,” substitute “or a Territory forming part of the Commonwealth”.

Paragraph 51(1)(b) ..

Omit “Compensation”.

Paragraph 51(3)(b) ..

Omit “Compensation”.

Paragraphs 61(1)(b)and (c) .......


Omit the paragraphs, substitute:

(b)      if the determination does not set out the findings on material questions of fact, refer to the evidence or other material on which those findings were based and give the reasons for the decision—a notice informing the person served of his rights under section 28 of the Administrative Appeals Tribunal Act 1975; and

(c)      a notice informing the person of his right to apply to the Administrative Appeals Tribunal for a review of the determination.

Subsection 61(3) .....

Omit the subsection.

Part V .....................

Omit:

Part V—References to Compensation Tribunals and Applications to Prescribed Courts

Division 1—Preliminary

 

substitute:

Part V—Review of Determinations by Administrative Appeals Tribunal

Section 63 ...............

Repeal the section, substitute:

 

63  Applications to Administrative Appeals Tribunal

(1)     Where a determination by the Commissioner is made under this Act, an application may be made to the Administrative Appeals Tribunal for a review of the determination by or on behalf of a party to the determination but, notwithstanding section 27 of the Administrative Appeals Tribunal Act 1975, no other person may make such an application.

(2)      The parties to a proceeding before the Tribunal for a review of a determination shall be the person by or on behalf of whom the application for the review was made and any other person who was a party to the determination but, notwithstanding section 30 of the Administrative Appeals Tribunal Act 1975, the Commissioner shall not be a party to a proceeding before the Tribunal for a review of a determination.

64  Costs of proceeding before Administrative Appeals Tribunal

(1)      Subject to this section, the costs incurred by a party in relation to proceedings instituted before the Administrative Appeals Tribunal under this Part shall be borne by that party.

(2)      Where:

(a)    the Administrative Appeals Tribunal gives a decision:

(i)    varying a determination of the Commissioner in a manner favourable to a party to the determination other than the Commonwealth; or

(ii)    setting aside a determination of the Commissioner and making a determination in substitution for the determination so set aside that is more favourable to a party to the determination other than the Commonwealth than the determination so set aside; or

(b)    the Administrative Appeals Tribunal gives a decision:

(i)    varying the determination of the Commissioner in a manner adverse to a party to the determination other than the Commonwealth; or

(ii)    setting aside a determination of the Commissioner and making a determination in substitution for the determination so set aside that is less favourable to a party to the determination other than the Commonwealth than the determination so set aside;

not being a decision made as the result of an application to the Tribunal by or on behalf of that party;

 

the Administrative Appeals Tribunal may order that the costs of the proceedings before it incurred by that party, or a part of those costs, shall be paid by the Commonwealth.

(3)      Where the Administrative Appeals Tribunal gives a decision setting aside a determination of the Commissioner and remitting the case for re‑determination by the Commissioner, the Administrative Appeals Tribunal shall order that the costs of the proceedings before it incurred by parties to the determination other than the Commonwealth shall be paid by the Commonwealth.

(4)      Where:

(a)    the Administrative Appeals Tribunal gives a decision affirming a determination of the Commissioner; and

(b)    a party to the determination, not being the Commonwealth or a party by or on behalf of whom the proceedings were instituted, incurred costs in connection with the proceedings before the Tribunal;

the Tribunal shall order that those costs shall be paid by the Commonwealth.

(5)      Nothing in subsection (2), (3) or (4) authorized the Administrative Appeals Tribunal to order the Commonwealth to pay any costs incurred by a party in relation to an application for an extension of time for applying to the Tribunal for a review of a determination.

(6)      Where, in accordance with this section, the Administrative Appeals Tribunal orders the Commonwealth to pay costs incurred by a party to a determination, the Tribunal may, in the absence of agreement between the Commonwealth and that party as to the amount of the costs to be so paid, tax or settle the amount of the costs to be so paid or order that the costs be taxed by the Registrar or a Deputy Registrar of the Tribunal.

(7)      This section does not limit the operation of subsection (5) of section 20.

65  Modifications of Administrative Appeals Tribunal Act 1975

(1)      This section has effect for the purposes of the application of the Administrative Appeals Tribunal Act 1975 in relation to a determination made by the Commissioner under this Act.

(2)      Section 21 of the Administrative Appeals Tribunal Act 1975 has effect as if any reference in subsection (1A) to a presidential member included a reference to a senior non‑presidential member authorized by the President for the purposes of the exercise of the powers referred to in that subsection.

(3)      Section 24 of the Administrative Appeals Tribunal Act 1975 has effect as if the reference to any place in Australia or in an external Territory were a reference to any place whether within or outside Australia.

(4)      Subsection (2) of section 29 of the Administrative Appeals Tribunal Act 1975 has effect as if the reference in that subsection to “the twenty‑eighth day” (first occurring) were a reference to “the sixtieth day”.

(5)      Section 29 of the Administrative Appeals Tribunal Act 1975 has effect as if there were added at the end thereof the following subsection:

(12)    A person who applies to the Administrative Appeals Tribunal for a review of a determination under the Compensation (Commonwealth Government Employees) Act 1971 shall cause a copy of the application to be served on the other party or each other party to the determination.

(6)      Section 41 of the Administrative Appeals Tribunal Act 1975 has effect as if references in subsections (4) and (5) to the person who made the decision to which the relevant proceeding relates were references to the parties to the determination to which the relevant proceeding relates.

(7)      Section 42A of the Administrative Appeals Tribunal Act 1975 has effect as if subsection (2) were omitted and the following subsection substituted:

(2)      If, in the case of a proceeding before the Tribunal in respect of an application for the review of a determination under the Compensation (Commonwealth Government Employees) Act 1971, the person who applied for the review (being the person by or on behalf of whom the claim to which the determination relates was made) fails either to appear in person or to appear by a representative at a preliminary conference held in relation to the application under section 34 and the only other party to the proceeding is the Commonwealth, the Tribunal may dismiss the application without proceeding to review the the determination.

(8)      Section 43 of the Administrative Appeals Tribunal Act 1975 has effect as if “and to the Commissioner for Employees’ Compensation” were added at the end of subsection (3).

(9)      Section 67 of the Administrative Appeals Tribunal Act 1975 has effect as if the reference in paragraph (a) of subsection (2) to the person who made the decision subject to review were a reference to the Commonwealth.

Divisions 2, 3, 4 and 5 of Part V ..............


Repeal the Divisions.

Subparagraph 123(1)(a)(i) .............


Add “and” at the end of the sub‑paragraph.

Subparagraph 123(1)(a)(ii) ............


Add “and” at the end of the sub‑paragraph.

Subparagraphs 123(1)(a)(iii) and (iv) ................................


Omit the sub‑paragraphs.


Schedule 3Amendments of the Commonwealth Teaching Service Act 1972

  

Section 175

Provision amended

Amendments

Subsection 4(1)............

(1)  Omit “Commissioner” from the definition of advanced education institution, substitute “Secretary”.

(2)  Omit “Commissioner” from the definition of full‑time student, substitute “Secretary”.

(3)  Omit the definition of the Commissioner.

(4)  Omit “Commissioner” from the definition of University, substitute “Secretary”.

Section 21 ...................

Omit from subsections (1) and (2) “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 22 ...................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 23A .................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 26 ...................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 27 ...................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Paragraph 28(2)(a) .......

Omit “Commissioner”, substitute “relevant authority”.

Section 29 ...................

Omit from subsections (3), (4), (5), (6) and (7) “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 30 ...................

Omit from paragraphs (2)(b) and (8)(a) “Commissioner” (wherever occurring), substitute “relevant authority”.

Subsection 31(2) .........

Omit “Commissioner”, substitute “relevant authority”.

Section 32 ...................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 34 ...................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 35 ...................

Omit “Commissioner” (wherever occurring), substitute “relevant authority”.

Subsection 36(5) .........

Omit “Commissioner”, substitute “relevant authority”.

Section 37 ...................

Omit from paragraphs (2)(b) and (8)(a) “Commissioner” (wherever occurring), substitute “relevant authority”.

Section 43 ...................

Omit “Commissioner” (wherever occurring), substitute “Public Service Board”.

Section 43T..................

(1)  Omit from subsection (1) “Commissioner” (wherever occurring), substitute “Secretary”.

(2)  Omit subsection (4).

Section 43U .................

Omit “Commissioner” (wherever occurring), substitute “Secretary”.

Section 43V .................

Omit “Commissioner” (wherever occurring), substitute “Secretary”.

Section 43W ................

Omit “Commissioner” (wherever occurring), substitute “Secretary”.

Subsection 43X(2) .......

Omit “Commissioner”, substitute “Secretary”.

Section 43Y .................

Omit “Commissioner” (wherever occurring), substitute “Secretary”.

Section 52 ...................

Omit “Commissioner”, substitute “Secretary”.

Section 53 ...................

Omit paragraph (a).

First Schedule ..............

Repeal the Schedule.


Notes to the Commonwealth Functions (Statutes Review) Act 1981

Note 1

The Commonwealth Functions (Statutes Review) Act 1981 as shown in this compilation comprises Act No. 74, 1981 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Commonwealth Functions (Statutes Review) Act 1981

74, 1981

18 June 1981

Ss. 3, 4, 34–40, 89 and 90 [see Note 2]
Ss. 5–31: 24 July 1981 (see Gazette 1981, No. S148)
Ss. 32, 33, 69 and 70: 14 Dec 1981 (see Gazette 1981, No. S258)
Ss. 41–65, 67, 68, 71–75, 80–88 and 91–106: 18 Aug 1981 (see Gazette 1981, No. S171)
S. 66: 21 Aug 1981 (see Gazette 1981, No. S165)
Ss. 76–79: 5 June 1982 (see Gazette 1982, No. S110)
Part III (ss. 107‑113): 1 July 1981
Ss. 122–147: 2 Nov 1981 (see Gazette 1981, No. S229)
Ss. 148–155: 1 July 1981 (see Gazette 1981, No. S127)

 

 

 

 

Ss. 156 and 157: 3 Dec 1981 (see Gazette 1981, No. S255)
Ss. 158–165, 169, 171 and 174–176: 10 Aug 1981 (see Gazette 1981, No. S161)
Ss. 166 and 170: 1 July 1983 (see Gazette 1983, No. S129)
Ss. 167 and 168: 14 June 1982 (see Gazette 1982, No. S116)
S. 172: [see Note 2]
S. 173: [see Note 2]
Part XIV (ss. 203–206) and Part XVIII (ss. 231–235): 26 June 1981 (see s. 2(8) and Gazette 1981, No. S127)
Ss. 212–218: 9 Dec 1981 (see Gazette 1981, No. S258)
Ss. 220–223: 1 Feb 1982 (see Gazette 1982, No. S18)
Ss. 225–228 and 230: (a)
Remainder: Royal Assent

 

Statute Law (Miscellaneous Amendments) Act 1981

176, 1981

2 Dec 1981

Part X (ss. 36, 37): 2 Nov 1981 (see Gazette 1981, No. S229) (a)
S. 68: 30 Dec 1981 (b)

Statute Law (Miscellaneous Amendments) Act (No. 2) 1982

80, 1982

22 Sept 1982

Part LXXVII (s. 280): Royal Assent (c)

S. 280(2) and (3)

Housing Loans Insurance Amendment Act 1983

48, 1983

21 Sept 1983

21 Sept 1983

Australian Government Solicitor (Consequential Amendments) Act 1984

10, 1984

10 Apr 1984

S. 3: 1 July 1984 (see Gazette 1984, No. S231) (d)

S. 4(1)

Statute Law (Miscellaneous Provisions) Act (No. 2) 1984

165, 1984

25 Oct 1984

S. 3: 22 Nov 1984 (e)

S. 6(1)

Primary Industries and Energy Legislation Amendment Act (No. 3) 1989

16, 1990

17 Jan 1990

S. 29(1): Royal Assent (f)


(a)           Subsections 2(5)–(7) provide as follows:

                 (5)   Section 225 shall come into operation on the day on which subsection 5(2) of the Navigation Amendment Act 1980 comes into operation.

                 (6)   Sections 226, 227 and 230 shall come into operation on the day on which section 18 of the Navigation Amendment Act 1980 comes into operation.

                 (7)   Section 228 shall come into operation on the day on which sections 61 and 62 of the Navigation Amendment Act 1980 come into operation.

         Sections 5(2), 18, 61 and 62 of the Navigation Amendment Act 1980 were repealed by section 25 of the Transport Legislation Amendment Act 1988 before a date was fixed for the commencement of sections 225–228 and 230.

(b)     The Commonwealth Functions(Statutes Review) Act 1981 was amended by Part X (sections 36 and 37) and section 68 only of the Statute Law (Miscellaneous Amendments) Act 1981, subsections 2(6) and 2(12) of which provide as follows:

                 (6)   Part X shall come into operation, or shall be deemed to have come into operation, as the case requires, on the date of commencement of subsection 125(1) of the Commonwealth Functions (Statutes Review) Act 1981.

               (12)   The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(c)     The Commonwealth Functions (Statutes Review) Act 1981 was amended by Part LXXVII (section 280) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:

                 (1)   Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(d)     The Commonwealth Functions (Statutes Review) Act 1981 was amended by section 3 only of the Australian Government Solicitor (Consequential Amendments) Act 1984, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsection (2), this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which section 7 of the Judiciary Amendment Act (No. 2) 1984 comes into operation.

(e)     The Commonwealth Functions (Statutes Review) Act 1981 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(f)      The Commonwealth Functions (Statutes Review) Act 1981 was amended by subsection 29(1) only of the Primary Industries and Energy Legislation Amendment Act (No. 3) 1989, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Part II

 

Division 3

 

S. 16....................................

am. No. 10, 1984

Division 4

 

S. 30....................................

am. No. 10, 1984

Division 7

 

S. 44....................................

am. No. 176, 1981

Division 14

 

S. 87....................................

am. No. 176, 1981

Part IV ................................

rep. No. 16, 1990

Ss. 114, 115........................

rep. No. 16, 1990

S. 116..................................

am. No. 165, 1984

 

rep. No. 16, 1990

Ss. 117–121........................

rep. No. 16, 1990

Part V

 

S. 125..................................

am. No. 176, 1981

Part XIII...............................

rep. No. 48, 1983

Ss. 188, 189........................

am. No. 80, 1982

 

rep. No. 48, 1983

Ss. 190–193........................

rep. No. 48, 1983

S. 194..................................

am. No. 80, 1982

 

rep. No. 48, 1983

Ss. 195–202........................

rep. No. 48, 1983

Part XVIII

 

S. 234..................................

am. No. 80, 1982


Note 2

Subsections 2(3), (4) and (10) provide as follows:

             (3)  Section 172 shall come into operation on the day on which section 44 of the Commonwealth Teaching Service Act 1972 comes into operation.

             (4)  Section 173 shall come into operation on the day on which section 46 of the Commonwealth Teaching Service Act 1972 comes into operation.

           (10)  The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.

As at 18 September 2001 no date had been fixed for the commencement of Divisions 1, 2, 6, 15 and 16 (sections 3, 4, 34–40, 89 and 90) of Part II, and sections 172 and 173.