ANL ACT 1956
- Reprinted as at 31 March 1991 (HISTACT CHAP 956 #DATE 31:03:1991)
*1*The ANL Act 1956 as shown in this reprint comprises Act No. 41, 1956
amended as indicated in the Tables below.
Table of Acts
Act
Number Date Date of Application,
and year of Assent commencement saving or
transitional
provisions
Australian Coastal Shipping Commission Act 1956
41, 1956 30 June 1 Oct 1956 (see Gazette 1956,
1956 p. 2917)
Australian Coastal Shipping Commission Act 1962
87, 1962 14 Dec 1962 11 Jan 1963 -
Australian Coastal Shipping Commission Act 1964
88, 1964 5 Nov 1964 5 Nov 1964 -
Australian Coastal Shipping Commission Act 1966
4, 1966 1 Apr 1966 29 Apr 1966 -
Australian Coastal Shipping Commission Act 1968
145, 1968 9 Dec 1968 9 Dec 1968 -
Australian Coastal Shipping Commission Act 1969
55, 1969 14 June 14 June 1969 -
1969
Statute Law Revision Act 1973
216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
Australian Shipping Commission Act 1974
83, 1974 18 Oct 1974 18 Oct 1974 S. 22
Australian Shipping Commission Amendment Act 1977
153, 1977 10 Nov 1977 10 Nov 1977 -
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 12 June 1978 S. 8
1978
Australian Shipping Commission Amendment Act 1980
39, 1980 23 May 1980 23 May 1980 -
Statute Law (Miscellaneous Amendments) Act
(No. 1) 1982
26, 1982 7 May 1982 Part IX (ss. 70 and 71): -
6 Mar 1984 (see Gazette 1984,
No. S85) (a)
Conciliation and Arbitration Amendment Act (No. 2) 1983
115, 1983 16 Dec 1983 S. 41: 1 June 1984 (see Gazette -
1984, No. S201) (b)
Australian Shipping Commission Amendment Act 1983
127, 1983 22 Dec 1983 19 Jan 1984 Ss. 4 (2),
(3), 8
(2)-(4),
10 (2), 12
(2), (3),
14 (2), (3),
15 (2) and
(3)
as amended by
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 165, 1984 25 Oct
1984 S. 3: (c) S. 2 (32)
Radiocommunications (Transitional Provisions and Consequential Amendments) Act
1983
136, 1983 22 Dec 1983 27 Aug 1985 (see s. 2 and -
Gazette 1985, No. S322)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984
72, 1984 25 June S. 3: (d) S. 2 (24)
1984
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (e) -
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986
76, 1986 24 June S. 3: Royal Assent (f) S. 9
1986
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act
1988
99, 1988 2 Dec 1988 2 Dec 1988 -
Government Business Enterprises (Miscellaneous Reforms) Act 1988
123, 1988 14 Dec 1988 Part II (ss. 3-12): 26 Jan -
1989
Part VI (ss. 26-31): 1 Jan
1989 (see Gazette 1988 No.
S399)
Part VII (ss. 32-37): 14
Nov 1988
Remainder: Royal Assent
ANL (Conversion into Public Company) Act 1988
127, 1988 14 Dec 1988 Ss. 6, 7 (2), 9 and 11: 1 -
July 1989 (see s. 2 (2) and
Gazette 1989 No. S210)
S. 7 (1): 10 June 1989 (g)
S. 7 (3): 1 July 1989
Remainder: Royal Assent
______________________________________________________________________________
__ (a)The Australian Shipping Commission Act 1956 was amended by Part IX
(sections 70 and 71) only of the Statute Law (Miscellaneous Amendments) Act
(No. 1) 1982, subsection 2 (2) of which provides as follows:
'(2) Part IX shall come into operation, or shall be deemed to have come into
operation, as the case requires, on the date of commencement of the
Environment Protection (Sea Dumping) Act 1981.'
(b) The Australian Shipping Commission Act 1956 was amended by section 41
only of the Conciliation and Arbitration Amendment Act (No. 2) 1983,
subsection 2 (2) of which provides as follows:
'(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, subsection 22 (3) and
sections 27, 39, 40, 41 and 43 shall come into operation on a date, or
respective dates, to be fixed by Proclamation.'
(c)The Australian Shipping Commission Amendment Act 1983 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984,
subsection 2 (6) of which provides as follows:
'(6) The amendments of the Australian Shipping Commission Amendment Act 1983
made by this Act shall be deemed to have come into operation on 19 January
1984.'
(d) The Australian Shipping Commission Act 1956 was amended by
section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984,
subsection 2 (4) of which provides as follows:
'(4) The amendment of the Australian Shipping Commission Act 1956 made by
this Act shall be deemed to have come into operation on 19 January 1984.'
(e) The Australian Shipping Commission Act 1956 was amended by section 3
only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985,
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 Australian Shipping Commission Act 1956 was amended by section 3
only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986,
subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the day
on which it receives the Royal Assent.'
(g) The Australian Shipping Commission Act 1956 was amended by the ANL
(Conversion into Public Company) Act 1988, subsection 2 (2) of which provides
as follows:
'(2) Subsection 7 (1) commences on the day immediately after the day on
which subsection 39 (3) of the Principal Act as amended is complied with.'
The date on which the Australian Shipping Commission certified that the
requirements of subsection 39 (3) had been complied with was 9 June 1989.
Table of Amendments
ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________
__ Provision affected
How affected
Title
am. No. 83, 1974
rs. No. 173, 1988
S. 1
am. No. 127, 1988
Ss. 3, 4
rep. No. 216, 1973
ad. No. 127, 1988
S. 4A
ad. No. 127, 1988
S. 5
am. No. 87, 1962; No. 216, 1973
rs. No. 83, 1974
am. No. 153, 1977; No. 39, 1980; No. 127, 1983
rep. No. 127, 1988
S. 6
am. No. 216, 1973; No. 127, 1983
Heading to Part II
am. No. 83, 1974
rep. No. 127, 1988
Div.1 of Part II (ss. 7, 8, 8A, 9, 9A-9B, 10-13, 13A, 14, 14A)
rep. No. 127, 1988
S. 7
rs. No. 83, 1974
am. No. 127, 1983
rep. No. 127, 1988
S. 8
am. No. 216, 1973
rs. No. 83, 1974
am. No. 153, 1977
rs. No. 127, 1983am. No. 123, 1988
rep. No. 127, 1988
S. 8A
ad. No. 83, 1974
am. No. 153, 1977
rs. No. 127, 1983
am. No. 123, 1988
rep. No. 127, 1988
Ss. 8B, 8C
ad. No. 83, 1974
rep. No. 127, 1983
S. 9
am. No. 83, 1974
rs. No. 127, 1983
rep. No. 127, 1988
Ss. 9A, 9B
ad. No. 127, 1983
rep. No. 127, 1988
S. 10
rs. No. 127, 1983
am. No. 123, 1988
rep. No. 127, 1988
S. 11
rs. No. 83, 1974; No. 127, 1983
am. No. 123, 1988
rep. No. 127, 1988
S. 12
rs. No. 127, 1983
am. No. 123, 1988
rep. No. 127, 1988
S. 13
am. No. 83, 1974
rs. No. 127, 1983
rep. No. 127, 1988
S. 13A
ad. No. 83, 1974
rs. No. 127, 1983
am. No. 123, 1988
rep. No. 127, 1988
S. 14
am. No. 83, 1974
rs. No. 127, 1983
rep. No. 127, 1988
S. 14A
ad. No. 127, 1983
rep. No. 127, 1988
Div. 2 and 3 of Part II (ss. 15, 16, 16A, 17-19, 19A, 19B, 26, 27)
rep. No. 127, 1988
S. 15
am. No. 216, 1973; No. 83, 1974; No. 127, 1983
rep. No. 127, 1988
S. 16
am. No. 4, 1966; No. 145, 1968; No. 55, 1969; No. 216, 1973; No. 83,
1974; No. 153, 1977; No. 127, 1983
rep. No. 127, 1988
S. 16A
ad. No. 153, 1977
rep. No. 127, 1988
S. 17
am. No. 83, 1974; No. 153, 1977
rs. No. 127, 1983
rep. No. 127, 1988
S. 17A
ad. No. 153, 1977
rep. No. 127, 1983
S. 18
am. No. 145, 1968; No. 216, 1973; No. 83, 1974; No. 153, 1977
rs. No. 127, 1983
rep. No. 127, 1988
S. 19
am. No. 145, 1968
rs. No. 153, 1977
am. No. 39, 1980
rs. No. 127, 1983
rep. No. 127, 1988
S. 19A
ad. No. 127, 1983
am. No. 72, 1984
rep. No. 127, 1988
S. 19B
ad. No. 127, 1983
rep. No. 127, 1988
Division 2A of Part II (ss. 20A-20J)
ad. No. 123, 1988
rep. No. 127, 1988
Ss. 20A-20J
ad. No. 123, 1988
rep. No. 127, 1988
S. 21
am. No. 127, 1983
rep. No. 127, 1988
S. 22
am. No. 88, 1964; No. 4, 1966; No. 216, 1973; No. 83, 1974
rs. No. 127, 1983
rep. No. 127, 1988
S. 23
rs. No. 127, 1983
rep. No. 123, 1988
S. 24A
ad. No. 83, 1974
rep. No. 153, 1977
S. 25
am. No. 127, 1983
rep. No. 115, 1983
S. 26
am. Nos. 127 and 115, 1983
rep. No. 127, 1988
S. 27
am. No. 216, 1973; No. 127, 1983
rep. No. 127, 1988
Div. 4 of Part II (ss. 28, 29, 29A, 30-32, 32A-32C, 33-35, 35A, 36, 37)
rep. No. 127, 1988
S. 28
rs. No. 216, 1973
am. No. 83, 1974; No. 153, 1977; No. 36, 1978; No. 127, 1983
rep. No. 129, 1988
S. 29
am. No. 83, 1974; No. 153, 1977
rs. No. 127, 1983
rep. No. 127, 1988
S. 29A
ad. No. 127, 1983
rep. No. 127, 1988
S. 30
am. No. 87, 1962
rs. No. 88, 1964
am. No. 4, 1966; No. 83, 1974; No. 153, 1977; No. 36, 1978
rs. No. 39, 1980
am. No. 127, 1983; No. 76, 1986
rep. No. 127, 1988
Ss. 30A-30E
ad. No. 39, 1980
rep. No. 127, 1983
S. 31
am. No. 87, 1962
rs. No. 127, 1983
am. No. 76, 1986
rep. No. 127, 1988
S. 32
am. No. 87, 1962; No. 88, 1964; No. 83, 1974; No. 153, 1977
rs. No. 127, 1983
rep. No. 127, 1988
Ss. 32A, 32B
ad. No. 127, 1983
rep. No. 127, 1988
S. 32C
ad. No. 76, 1986
rep. No. 127, 1988
S. 33
am. No. 83, 1974; No. 153, 1977; No. 127, 1983
rep. No. 127, 1988
Ss. 34, 35
rs. No. 83, 1974; No. 127, 1983
rep. No. 127, 1988
S. 35A
ad. No. 123, 1988
rep. No. 127, 1988
S. 36
am. No. 216, 1973
rs. No. 83, 1974; No. 153, 1977
am. No. 39, 1980; No. 127, 1983
rep. No. 127, 1988
S. 37
rs. No. 127, 1983
rep. No. 127, 1988
Div. 5 of Part II (ss. 37-39)
rep. No. 127, 1983
Ss. 37, 38
rep. No. 127, 1983
S. 39
am. No. 83, 1974; No. 153, 1977; No. 36, 1978
rep. No. 127, 1983
Part III (ss. 40-43)
rep. No. 216, 1973
Ss. 40-43
rep. No. 216, 1973
Part III (ss. 38-41)
ad. No. 127, 1988
Ss. 38-41
ad. No. 127, 1988
Part IIIA (ss. 42-49)
ad. No. 127, 1988
Ss. 42-49
ad. No. 127, 1988
Part IV (ss. 44-48)
rep. No. 127, 1988
S. 44
am. No. 83, 1974
rs. No. 127, 1983
rep. No. 127, 1988
S. 45
am. No. 83, 1974; No. 127, 1983
rep. No. 127, 1988
S. 46
rep. No. 127, 1988
S. 47
am. No. 83, 1974; No. 153, 1977; No. 36, 1978
rs. No. 127, 1983
am No. 65, 1985; No. 99, 1988
rep. No. 127, 1988
S. 48
am. No. 4, 1966; No. 83, 1974
rs. No. 127, 1983
rep. No. 127, 1988
S. 49
am. No. 4, 1966; No. 83, 1974
rep. No. 127, 1983
S. 50
am. No. 4, 1966
rep. No. 127, 1983
Parts IV-VII (ss. 50-69)
ad. No. 127, 1988
Ss. 50-69
ad. No. 127, 1988
Heading to the Schedules
rep. No. 83, 1974
First, Second Schedules
rep. No. 216, 1973
Heading to Third Schedule
rep. No. 83, 1974
Third Schedule
am. No. 87, 1962; No. 145, 1968
Heading to Schedule
ad. No. 83, 1974
rep. No. 127, 1988
Schedule
am. No. 153, 1977; No. 26, 1982; No. 127, 1983 (as am. by No. 165,
1984); No. 136, 1983
rep. No. 127, 1988
ANL ACT 1956 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I-PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Operating under a name
4A. Subsidiaries
6. Extension to Territories
PART III-CREATION OF CAPITAL STRUCTURE AND OTHER STEPS
PRIOR TO CONVERSION OF ANL INTO PUBLIC COMPANY
38. Share capital of ANL
39. Issue of shares in ANL
40. New name of ANL
41. ANL to apply to be registered as company etc.
PART IIIA-CONVERSION OF ANL INTO PUBLIC COMPANY
42. ANL taken to be registered under Companies Act
43. Memorandum and articles of ANL
44. Membership of ANL
45. Application of certain provisions of Companies Act
46. Accounting records
47. Accounts
48. Operation of section 25B of Acts Interpretation Act
49. Effect of Part-summary
PART IV-USE OF CERTAIN NAMES
50. Protected body may operate under protected company name
51. Protected body may operate under protected business name
52. Other persons not to use protected names
53. Exceptions for pre-existing rights
54. Use of other names by protected bodies
55. Effect on State and Territory laws
PART V-STAFF MATTERS
56. Employment of staff members continues after transition
57. Act not to affect certain matters relating to staff members
58. Effect of sections 56 and 57
59. Variation of terms and conditions
60. Application of Part IV of Public Service Act
PART VI-TAXATION MATTERS
Division 1-Exemption from certain taxes
61. Interpretation
62. Exemptions relating to exempt matters
63. Authorised person may certify in relation to exemptions
Division 2-Application of Income Tax Assessment Act
64. ANL to be taken to have had share capital
PART VII-MISCELLANEOUS
65. ANL not public authority etc.
66. Additional powers and functions under State or Territory laws
67. Judicial notice of ANL's seal
68. Compensation for acquisition of property
69. Regulations
ANL ACT 1956 - LONG TITLE
SECT
An Act relating to the constitution of ANL as a public company, and for
related purposes
ANL ACT 1956 - PART I
PART I-PRELIMINARY
ANL ACT 1956 - SECT 1
Short title
SECT
1. This Act may be cited as the ANL Act 1956.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ANL ACT 1956 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
ANL ACT 1956 - SECT 3
Interpretation
SECT
3. In this Act, unless the contrary intention appears:
'amount' includes a nil amount;
'ANL' means the body corporate that, at the commencement of this section,
exists, because of subsection 7 (1), under the name ' Australian Shipping
Commission';
'articles' means articles of association;
'Australian Capital Territory' includes the Jervis Bay Territory;
'authorised person' means:
(a) the Minister; or
(b) the holder of an authorising office;
'authorising office' means an office, in the Department, which is declared
by writing signed by the Minister to be an authorising office for the purposes
of this definition;
'employment', in relation to a staff member, means employment by, or service
with, ANL;
'group company' means:
(a) ANL; or
(b) a wholly-owned subsidiary of ANL;
'liability' includes a debt or obligation;
'member', in relation to ANL at any time before the transition, includes a
Commissioner;
'memorandum' means memorandum of association;
'operate', in relation to a name, has the meaning given by section 4;
'property' means any legal or equitable estate or interest (whether present
or future and whether vested or contingent) in real or personal property of
any description;
'protected body' means a group company that is a trading corporation, or a
financial corporation, within the meaning of paragraph 51 (20) of the
Constitution;
'protected business name' means any of the following names:
(a) 'ANL';
(b) 'Australian National Line';
(c) 'Maritime Agencies of Australia';
(d) 'Searoad';
(e) such other names as are prescribed for the purposes of this
definition;
'protected company name' means any of the following names:
(a) 'ANL Limited';
(b) such other names as are prescribed for the purposes of this
definition;
'protected name' means a protected business name or a protected company
name;
'protection time', in relation to a protected name, means the time
immediately before:
(a) in the case of a name prescribed for the purposes of the definition
of
'protected business name' or 'protected company name' - the name first became
so prescribed; or
(b) in any other case-the commencement of this section;
'registered', in relation to a name, includes reserved;
'share', in relation to a body corporate, means a share in the share capital
of the body corporate;
'staff member' means a person who, immediately before the transition, is:
(a) the Managing Director of ANL;
(b) an officer of ANL; or
(c) a temporary or casual employee of ANL;
'subsidiary' has the meaning given by section 4A;
'transfer' includes a sale, conveyance or assignment;
'transition' means the commencement of Part IIIA;
'wholly-owned subsidiary', in relation to a body corporate (in this
definition called the 'holding body' ), means a body corporate:
(a) that is a subsidiary of the holding body;
(b) none of whose members is a person other than:
(i) the holding body;
(ii) a body corporate that is, under any other application or
applications of this definition, a wholly-owned subsidiary of the holding
body; or
(iii) a nominee of the holding body or of a body of a kind referred
to in subparagraph (ii); and
(c) no share in which is beneficially owned by a person other than:
(i) the holding body; or
(ii) a body of a kind referred to in subparagraph (b) (ii).
ANL ACT 1956 - SECT 4
Operating under a name
SECT
4. A reference in this Act to a body operating in a State or Territory under
a particular name includes a reference to the body engaging in conduct that,
for the purposes of a law in force in the State or Territory, constitutes:
(a) in any case-using the name in the State or Territory;
(b) if the name is the body's name-establishing a place of business, or
carrying on business, within the State or Territory; or
(c) if paragraph (b) does not apply-carrying on business under the name
in
the State or Territory.
ANL ACT 1956 - SECT 4A
Subsidiaries
SECT
4A. For the purposes of this Act, the question whether a body corporate is a
subsidiary of another body corporate shall be determined in the same manner as
the question whether a corporation is a subsidiary of another corporation is
determined under the Companies Act 1981.
ANL ACT 1956 - SECT 6
Extension to Territories
SECT
6. This Act extends to every external Territory.
ANL ACT 1956 - PART III
PART III-CREATION OF CAPITAL STRUCTURE AND OTHER STEPS
PRIOR TO CONVERSION OF ANL INTO PUBLIC COMPANY
ANL ACT 1956 - SECT 38
Share capital of ANL
SECT
38.(1) As from the commencement of this Part, ANL shall have a share
capital.
(2) The amount of the share capital shall be equal to the amount that
subsection 39 (1) requires to be applied as mentioned in that subsection.
(3) The share capital shall be divided into shares of $1 each.
(4) As from the transition, this section has effect subject to the Companies
Act 1981.
ANL ACT 1956 - SECT 39
Issue of shares in ANL
SECT
39.(1) As soon as practicable after the commencement of this Part, ANL shall
apply the capital that it has at that commencement in paying up, in full,
shares in ANL.
(2) If the amount of the capital is not a multiple of $1, subsection (1)
applies as if the amount were reduced to the nearest multiple of $1.
(3) As soon as practicable after complying with subsection (1), ANL shall
issue the shares paid up under that subsection:
(a) to the Commonwealth; or
(b) to nominees of the Commonwealth;
as the Minister directs in writing.
(4) The issue of shares under subsection (3) discharges in full ANL's
obligations to repay the capital to the Commonwealth.
(5) The shares issued under subsection (3) shall be taken to have been
issued for valuable consideration other than cash, being the discharge
effected by subsection (4).
(6) A person is not a member of ANL at any time before the transition merely
because the person holds shares in ANL.
ANL ACT 1956 - SECT 40
New name of ANL
SECT
40.(1) On the day immediately before the transition, ANL's name is, by force
of this subsection, changed to 'ANL Limited'.
(2) Subsection 65 (5) of the Companies Act 1981 applies in relation to the
change of name made by subsection (1) as if:
(a) ANL were a company, within the meaning of that Act, when the change
was
made; and
(b) the change were made under that Act.
(3) This section has effect in spite of anything in the Companies Act 1981,
but nothing in this section prevents:
(a) ANL from later changing its name under section 65 of that Act; or
(b) the cancellation, under Division 2 of Part III of that Act, of the
registration of a name.
ANL ACT 1956 - SECT 41
ANL to apply to be registered as company etc.
SECT
41.(1) ANL shall, on the day immediately before the transition:
(a) apply to the National Companies and Securities Commission under
subsection 85 (1) of the Companies Act 1981 to be registered as a company
limited by shares within the meaning of that Act;
(b) apply to the National Companies and Securities Commission under
subsection 55 (1) of the Companies Act 1981 for the reservation of the name
'ANL Limited'; and
(c) lodge with the National Companies and Securities Commission a proposed
memorandum, and proposed articles, for ANL.
(2) The application mentioned in paragraph (1) (a) shall, subject to the
regulations, be accompanied by the documents required by subsection 85 (4) of
the Companies Act 1981 to accompany such an application.
(3) The applications mentioned in paragraphs (1) (a) and (b) shall be made
to the National Companies and Securities Commission by delivering them to the
office of the Corporate Affairs Commission for the Australian Capital
Territory, and the documents mentioned in paragraph (1) (c) and subsection (2)
shall be lodged with the National Companies and Securities Commission by
lodging them at that office.
(4) ANL shall be taken to be entitled to make the applications referred to
in paragraphs (1) (a) and (b), and to lodge the documents mentioned in
paragraph (1) (c) and subsection (2).
(5) The National Companies and Securities Commission shall be taken:
(a) to have been required to reserve the name 'ANL Limited'under
subsection
55 (2) of the Companies Act 1981; and
(b) to have so reserved that name immediately after the making of the
application mentioned in paragraph (1) (b).
ANL ACT 1956 - PART IIIA
PART IIIA-CONVERSION OF ANL INTO PUBLIC COMPANY
ANL ACT 1956 - SECT 42
ANL taken to be registered under Companies Act
SECT
42.(1) The National Companies and Securities Commission shall be taken:
(a) to have been required to grant the application mentioned in paragraph
41
(1) (a) and to register ANL as a company under subsection 86 (2) of the
Companies Act 1981;
(b) to have granted the application at the commencement of this Part;
(c) to have so registered ANL, at the commencement of this Part:
(i) by the name 'ANL Limited'; and
(ii) in accordance with subsections 86 (3) and (4) of that Act, as a
public company, and as a company limited by shares, within the meaning of that
Act; and
(d) to have registered the name 'ANL Limited' in relation to ANL at the
commencement of this Part, under subsection 55 (4) of the Companies Act 1981.
(2) The date of commencement of ANL's registration as a company under
Division 4 of Part III of the Companies Act 1981 shall be taken to be the day
of commencement of this Part.
(3) For the purposes of Division 4 of Part III of the Companies Act 1981,
ANL shall be taken to have been on the day before the commencement of this
Part, and to be at that commencement, a corporation within the meaning of that
Act.
ANL ACT 1956 - SECT 43
Memorandum and articles of ANL
SECT
43.(1) As from the commencement of this Part, the proposed memorandum, and
the proposed articles, lodged under paragraph 41 (1) (c):
(a) are respectively the memorandum, and the articles, of ANL; and
(b) bind ANL and its members accordingly.
(2) As from the commencement of this Part, the Companies Act 1981 applies in
relation to ANL's memorandum and articles as if they had been registered as
such under that Act.
ANL ACT 1956 - SECT 44
Membership of ANL
SECT
44.(1) A person who immediately before the commencement of this Part was, or
was acting as, a member of ANL ceases at that commencement to be, or to act
as, such a member.
(2) Each person who holds shares in ANL at the commencement of this Part
becomes, by force of this subsection, a member of ANL at that commencement.
(3) A person referred to in subsection (2) is, in relation to membership of
ANL, entitled to the same rights, privileges and benefits, and is subject to
the same duties, liabilities and obligations, as if the person had become a
member of ANL under ANL's memorandum and articles.
ANL ACT 1956 - SECT 45
Application of certain provisions of Companies Act
SECT
45.(1) If all the shares in ANL are beneficially owned by the Commonwealth,
subsection 82 (1), and paragraph 364 (1) (d), of the Companies Act 1981 do not
apply in relation to ANL, and subsection 244 (6) of that Act applies in
relation to ANL as if:
(a) the Commonwealth were a holding company, within the meaning of that
subsection, of ANL;
(b) the Commonwealth held the whole of the issued shares in ANL; and
(c) the Minister were a representative of the Commonwealth authorised
under
subsection 244 (3) of that Act.
(2) Paragraph 86 (6) (b) and subsections 87 (4) and 90 (5) of the Companies
Act 1981 do not apply in relation to ANL.
(3) For the purposes of section 360 of the Companies Act 1981, a person is
not a past member of ANL merely because he or she was a member of ANL, or
acted as a member of ANL, before the commencement of this Part.
ANL ACT 1956 - SECT 46
Accounting records
SECT
46. For the purposes of the Companies Act 1981 , accounts and records kept
under section 63F of the Audit Act 1901 (as that section applied to ANL
because of this Act) shall be taken to be accounting records kept by ANL under
a provision of a previous law of the Australian Capital Territory, being a
provision corresponding to section 267 of the Companies Act 1981.
ANL ACT 1956 - SECT 47
Accounts
SECT
47.(1) This section has effect for the purposes of:
(a) the Companies Act 1981; and
(b) the Companies (Transitional Provisions) Act 1981 as it applies in
relation to, and in relation to persons and matters associated with, ANL
because of subsection 90 (6) of the Companies Act 1981.
(2) A report and financial statements that were prepared under section 63H
of the Audit Act 1901 (as that section applied to ANL because of this Act) in
relation to a period and furnished to the Minister on a particular day shall
be taken to be a profit and loss account of ANL that was:
(a) made out in relation to that period; and
(b) laid before the body at an annual general meeting of the body held on
that day.
ANL ACT 1956 - SECT 48
Operation of section 25B of Acts Interpretation Act
SECT
48. Nothing in this Act or in the Companies Act 1981 affects, or is affected
by, section 25B of the Acts Interpretation Act 1901 as that section applies in
relation to ANL.
ANL ACT 1956 - SECT 49
Effect of Part-summary
SECT
49. After the commencement of this Part:
(a) ANL is a company registered under the Companies Act 1981;
(b) ANL's name is 'ANL Limited';
(c) ANL is a public company, and a company limited by shares, within the
meaning of that Act; and
(d) that Act applies, subject to this Act, in relation to ANL.
ANL ACT 1956 - PART IV
PART IV-USE OF CERTAIN NAMES
ANL ACT 1956 - SECT 50
Protected body may operate under protected company name
SECT
50. A protected body whose name is a protected company name may operate
under the name in a State or Territory even if the name is not registered in
relation to the body under a particular law, or any law, in force in the State
or Territory.
ANL ACT 1956 - SECT 51
Protected body may operate under protected business name
SECT
51.(1) A protected body may operate under a protected business name in a
State or Territory even if the name is not registered in relation to the body
under a particular law, or any law, in force in the State or Territory.
(2) Nothing in this section permits more than one body to operate under the
same name at the same time in the same State or Territory.
ANL ACT 1956 - SECT 52
Other persons not to use protected names
SECT
52.(1) A person other than a protected body shall not:
(a) use in relation to a business, trade, profession or occupation;
(b) use as the name, or as part of the name, of any firm, body corporate,
institution, premises, vehicle, ship or craft (including aircraft);
(c) apply, as a trade mark or otherwise, to goods imported, manufactured,
produced, sold, offered for sale or let for hire; or
(d) use in relation to:
(i) goods or services; or
(ii) the promotion, by any means, of the supply or use of goods or
services;
a protected name, or a name so closely resembling a protected name as to be
likely to be mistaken for it.
Penalty: $1,000.
(2) Nothing in subsection (1) limits anything else in that subsection.
ANL ACT 1956 - SECT 53
Exceptions for pre-existing rights
SECT
53.(1) Nothing in section 52, so far as it applies in relation to a
particular protected name, affects rights conferred by law on a person in
relation to:
(a) a trade mark that is registered under the Trade Marks Act 1955; or
(b) a design that is registered under the Designs Act 1906;
and was so registered at the protection time in relation to the name.
(2) Nothing in section 52, so far as it applies in relation to a particular
protected name, affects the use, or rights conferred by law relating to the
use, of a name (in this subsection called the 'relevant name' ) by a person in
a particular manner if, at the protection time in relation to the protected
name, the person:
(a) was using the relevant name in good faith in that manner; or
(b) would have been entitled to prevent another person from passing off,
by
means of the use of the relevant name or a similar name, goods or services as
the goods or services of the first-mentioned person.
ANL ACT 1956 - SECT 54
Use of other names by protected bodies
SECT
54. This Part does not prevent a protected body from operating in a State or
Territory under a name other than a protected name.
ANL ACT 1956 - SECT 55
Effect on State and Territory laws
SECT
55. This Part does not prevent a protected body from registering a name
under a law of a State or Territory.
ANL ACT 1956 - PART V
PART V-STAFF MATTERS
ANL ACT 1956 - SECT 56
Employment of staff members continues after transition
SECT
56. Subject to this Part, each staff member continues at and after the
transition to be employed by ANL on the terms and conditions on which he or
she was employed by the body immediately before the transition.
ANL ACT 1956 - SECT 57
Act not to affect certain matters relating to staff members
SECT
57. (1) This section has effect for the purposes of the application, at any
time at or after the transition, of a law, award, determination or agreement
in relation to the employment of a staff member.
(2) Neither his or her contract of employment, nor his or her period of
employment, shall be taken to have been broken by the operation of this Act.
(3) Without limiting section 56 or subsection (2) of this section, this Act
does not affect any accrued rights that the staff member had immediately
before the transition in relation to any kind of leave.
(4) Where:
(a) if the staff member had, immediately before the transition, ceased to
be
employed by ANL, it would have been necessary to take into account a period
during which the staff member was employed by ANL or any other person to
determine:
(i) an amount payable to the staff member; or
(ii) a benefit to which the staff member would have been entitled;
because of his or her so ceasing; and
(b) but for this subsection, some or all of that period would not have to
be taken into account as a period during which the staff member was employed
by ANL;
ANL shall treat the whole of the first-mentioned period as a period during
which the staff member was employed by it.
ANL ACT 1956 - SECT 58
Effect of sections 56 and 57
SECT
58. Sections 56 and 57 are enacted only for the avoidance of doubt and, in
particular, do not limit subsection 65 (5) or 87 (2) of the Companies Act
1981.
ANL ACT 1956 - SECT 59
Variation of terms and conditions
SECT
59.(1) It is a term of each staff member's employment after the transition
that the terms and conditions of that employment may be varied to the extent
to which, and in the manner in which, the terms and conditions of his or her
employment could, immediately before the transition, be varied under this
Act.
(2) Nothing in this Part prevents the terms and conditions of a staff
member's employment after the transition from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(3) In this section:
'terms and conditions' includes a term or condition existing because of
subsection (1);
'vary', in relation to terms and conditions, includes vary by way of:
(a) omitting any of those terms and conditions;
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and
conditions.
ANL ACT 1956 - SECT 60
Application of Part IV of Public Service Act
SECT
60. For the purposes of the application, after the transition, of Part IV
of the Public Service Act 1922 in relation to a staff member, ANL shall be
taken to be declared, by regulations in force under that Act, to be a
Commonwealth authority for the purposes of that Part.
ANL ACT 1956 - PART VI
PART VI-TAXATION MATTERS
ANL ACT 1956 - DIVISION 1
Division 1-Exemption from certain taxes
ANL ACT 1956 - SECT 61
Interpretation
SECT
61. In this Division:
'exempt matter' means:
(a) an issue of shares under subsection 39 (3);
(b) the change of name made by subsection 40 (1);
(c) the reservation of name made by paragraph 41 (5) (b);
(d) ANL's registration as a company by force of this Act;
(e) the operation of this Act; or
(f) giving effect to a matter referred to in another paragraph of this
definition or otherwise giving effect to this Act;
'tax' includes:
(a) sales tax;
(b) tax imposed by the Debits Tax Act 1982;
(c) fees payable under the Companies (Fees) Act 1981;
(d) stamp duty; and
(e) any other tax, fee, duty, levy or charge;
but does not include income tax imposed as such by a law of the Commonwealth.
ANL ACT 1956 - SECT 62
Exemptions relating to exempt matters
SECT
62. Tax under a law of the Commonwealth or a State or Territory is not
payable in relation to:
(a) an exempt matter; or
(b) anything done (including, for example, a transaction entered into or
an
instrument or document made, executed, lodged or given) because of, or for a
purpose connected with or arising out of, an exempt matter.
ANL ACT 1956 - SECT 63
Authorised person may certify in relation to exemptions
SECT
63.(1) An authorised person may, by signed writing, certify that:
(a) a specified matter or thing is an exempt matter; or
(b) a specified thing was done (including, for example, a transaction
entered into or an instrument or document made, executed, lodged or given)
because of, or for a purpose connected with or arising out of, a specified
exempt matter.
(2) For all purposes and in all proceedings, a certificate under subsection
(1) is conclusive evidence of the matters certified, except so far as the
contrary is established.
ANL ACT 1956 - DIVISION 2
Division 2-Application of Income Tax Assessment Act
ANL ACT 1956 - SECT 64
ANL to be taken to have had share capital
SECT
64. For the purposes of the Income Tax Assessment Act 1936, ANL shall be
taken to have had, at all times before it complies with subsection 39 (3) of
this Act, a share capital all the issued shares in which were, at all such
times, beneficially owned by the Commonwealth.
ANL ACT 1956 - PART VII
PART VII-MISCELLANEOUS
ANL ACT 1956 - SECT 65
ANL not public authority etc.
SECT
65. ANL, as it exists after the transition, shall be taken for the purposes
of a law of the Commonwealth or a State or Territory:
(a) not to have been incorporated or established for a public purpose or
for
a purpose of the Commonwealth; and
(b) not to be a public authority or an instrumentality or agency of the
Crown;
except so far as express provision is made by a law of the Commonwealth, State
or Territory, as the case may be.
ANL ACT 1956 - SECT 66
Additional powers and functions under State or Territory laws
SECT
66.(1) It is the intention of the Parliament that ANL should have such
additional powers and functions as are conferred on it by or under a law of a
State or Territory.
(2) Subsection (1) has effect subject to the regulations.
ANL ACT 1956 - SECT 67
Judicial notice of ANL's seal
SECT
67.(1) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of ANL appearing on a document and shall
presume that it was duly affixed.
(2) Subsection (1) applies in relation to an imprint that was affixed, or
appears to have been affixed, before the transition.
ANL ACT 1956 - SECT 68
Compensation for acquisition of property
SECT
68.(1) Where, but for this section, the operation of this Act would result
in the acquisition of property from a person otherwise than on just terms,
there is payable to the person by ANL such reasonable amount of compensation
as is agreed on between the person and ANL or, failing agreement, as is
determined by a court of competent jurisdiction.
(2) Any damages or compensation recovered or other remedy given in
proceedings that are instituted otherwise than under this section shall be
taken into account in assessing compensation payable in proceedings that are
instituted under this section and that arise out of the same event or
transaction.
(3) In this section, 'acquisition of property' and 'just terms' have the
same respective meanings as in paragraph 51 (31) of the Constitution.
ANL ACT 1956 - SECT 69
Regulations
SECT
69. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.