Federal Register of Legislation - Australian Government

Primary content

Cities Commission Act 1972

Act No. 117 of 1972 as amended, taking into account amendments up to No. 216, 1973
Registered 24 Nov 2009
Start Date 31 Dec 1973
End Date 19 Jan 1976
Date of repeal 19 Jan 1976
Repealed by Cities Commission (Repeal) Act 1975

CITIES COMMISSION ACT 1972
- Reprinted as at 19 December 1973 (HISTACT CHAP 1956 #DATE 19:12:1973)

CITIES COMMISSION ACT 1972 - TABLE OF PROVISIONS

TABLE


CITIES COMMISSION ACT 1972

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Definitions

PART II-THE CITIES COMMISSION

5. Establishment of Cities Commission
6. Constitution of the Commission
7. Associate Commissioner
8. Period of appointment
8A. Remuneration and allowances
9. Leave of absence
10. Termination of appointment
11. Acting appointments
11A. Meetings
12. Duties of Commission
13. Powers of Commission
14. Cities Commission Advisory Committee

PART III-STAFF

15. Officers and employees
16. Superannuation
17. Rights of public servants appointed or employed under this Act

PART IV-FINANCE

18. Moneys payable to Commission
19. Estimates
20. Bank accounts
21. Application of moneys
22. Exemption from taxation

PART V-MISCELLANEOUS

23. Reports
24. Audit
25. Proper accounts to be kept
26. Committees
27. Regulations

CITIES COMMISSION ACT 1972 - SECT. 1.
Short title.

SECT

CITIES COMMISSION ACT 1972
Title amended by No. 41, 1973, s. 3.
An Act to establish a Cities Commission.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Cities Commission Act 1972.*

CITIES COMMISSION ACT 1972 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on the day on which it receives the Royal Assent.*
Section 3 repealed by No. 216, 1973, s 3.
* * * * * * * *

CITIES COMMISSION ACT 1972 - SECT. 4.
Definitions.

SECT

Substituted by No. 41, 1973, s. 5.
4. In this Act, unless the contrary intention appears-

''Associate Commissioner'' means the Associate Commissioner appointed under section 7;

''Commission'' means the Cities Commission established by this Act;

''Chairman'' means the Chairman of the Commission;

''part-time Commissioner'' means a Commissioner other than the Chairman or the Secretary;

''Secretary'' means the Secretary to the Department of Urban and Regional Development.

CITIES COMMISSION ACT 1972 - SECT. 5.
Heading substituted by No. 41, 1973, s. 6.

SECT

PART II-THE CITIES COMMISSION
Establishment of Cities Commission.
Substituted by No. 41, 1973, s. 7.
5. (1) The body corporate established by the section for which this section was substituted by section 7 of the Cities Commission Act 1973-

(a) continues in existence by force of this sub-section as a body corporate, under and subject to the provisions of this Act, under the name ''Cities Commission'', but so that the corporate identity of the body corporate shall not be affected;

(b) shall have a common seal;

(c) may acquire, hold and dispose of real and personal property; and

(d) may sue and be sued in its corporate name.

(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Commission affixed to a document and shall presume that it was duly affixed.

CITIES COMMISSION ACT 1972 - SECT. 6.
Constitution of the Commission.

SECT

Substituted by No. 41, 1973, s. 7.
6. (1) On and after 15th July, 1973, or an earlier date fixed by Proclamation, the Commission shall consist of five Commissioners, namely-

(a) a Chairman;

(b) the Secretary; and

(c) three other Commissioners.

(2) The Chairman and the Commissioners referred to in paragraph (c) of sub-section (1) shall be appointed by the Governor-General, the Chairman being appointed as a full-time Commissioner and the other Commissioners being appointed as part-time Commissioners.

(3) The performance of the functions or the exercise of the powers of the Commission is not affected by reason of there being a vacancy or vacancies in the membership of the Commission.

(4) Until the Commission is constituted as provided in sub-section (1), the Commission shall be constituted by a Commissioner, who shall be appointed by the Governor-General.

(5) Where the Commission is constituted as provided in sub-section (4) of this section, section 8, sub-section (5) of section 8A and sections 9, 10, 11 and 14 apply as if references to the Chairman and the office of Chairman were references to the Commissioner constituting the Commission by virtue of sub-section (4) of this section and the office of that Commissioner, respectively, and any references to a part-time Commissioner were omitted.

CITIES COMMISSION ACT 1972 - SECT. 7.
Associate Commissioner.

SECT

Substituted by No. 41, 1973, s. 7.
7. (1) The Governor-General shall appoint a person to be the Associate Commissioner of the Commission.

(2) The Associate Commissioner shall give such advice and assistance to the Commission as the Commission requires and shall perform such duties as the Chairman directs.

CITIES COMMISSION ACT 1972 - SECT. 8.
Period of appointment.

SECT

Substituted by No. 41, 1973, s. 7.
8. (1) The Chairman, a part-time Commissioner or the Associate Commissioner shall be appointed for such period, not exceeding-

(a) in the case of the Chairman or the Associate Commissioner-seven years; or

(b) in the case of a part-time Commissioner-five years,
as the Governor-General specifies in the instrument of appointment, but is eligible for re-appointment.

(2) A person who has attained the age of sixty-five years shall not be appointed or re-appointed as the Chairman, a part-time Commissioner or the Associate Commissioner and a person shall not be appointed or re-appointed as the Chairman, a part-time Commissioner or the Associate Commissioner for a period that extends beyond the date on which he will attain the age of sixty-five years.

CITIES COMMISSION ACT 1972 - SECT. 8A.
Remuneration and allowances.

SECT

Inserted by No. 41, 1973, s. 7.
8A.* (1) The Chairman shall be paid remuneration at such rate, and an annual allowance at such rate (if any), as the Parliament fixes, but, until 1st January, 1974, the rate of that remuneration and the rate (if any) of that allowance shall be as prescribed.

(2) A part-time Commissioner shall be paid remuneration at such rate as the Parliament fixes, but, until 1st January, 1974, the rate of that remuneration shall be as prescribed.

(3) The Associate Commissioner shall be paid remuneration at the rate of Twenty thousand five hundred and two dollars per year.

(4) Until the Commission is constituted as provided in sub-section (1) of section 6, the Commissioner constituting the Commission shall be paid remuneration at the rate of Twenty-nine thousand two hundred and fifty dollars per year and an annual allowance at the rate of One thousand seven hundred and fifty dollars per year.

(5) The Chairman, the Associate Commissioner and a part-time Commissioner shall be paid such allowances (not including an annual allowance) as are prescribed.

CITIES COMMISSION ACT 1972 - SECT. 9.
Leave of absence.

SECT

Amended by No. 41, 1973, s. 8.
9. The Minister may grant leave of absence to the Chairman, a part-time Commissioner or the Associate Commissioner on such terms and conditions as to remuneration and otherwise as the Minister determines.

CITIES COMMISSION ACT 1972 - SECT. 10.
Termination of appointment.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
10. (1) The Governor-General may terminate the appointment of the Chairman or the Associate Commissioner for inability, inefficiency or misbehaviour.
Amended by No. 41, 1973, s. 12.

(2) If the Chairman or the Associate Commissioner-

(a) engages in paid employment outside the duties of his office;

(b) 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;

(c) resigns his office by writing under his hand addressed to the Governor-General;

(d) is absent from duty, except on leave of absence granted by the Minister, for fourteen consecutive days or for twenty-eight days in any twelve months; or

(e) in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons-

(i) becomes concerned or interested in a contract entered into by or on behalf of the Authority; or

(ii) participates or claims to participate in the profit of any such contract or in any benefit or emolument arising from any such contract,
the Governor-General shall, by notice in the Gazette, declare that the office of Chairman or Associate Commissioner is vacant, and thereupon the office shall be deemed to be vacant.
Added by No. 41, 1973, s. 9.

(3) If a part-time Commissioner-

(a) 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;

(b) is absent, except on leave granted by the Commission, from three consecutive meetings of the Commission;

(c) resigns his office by writing under his hand addressed to the Governor-General; or

(d) fails to comply with his obligations under sub-section (4),
the Governor-General shall, by notice in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.
Added by No. 41, 1973, s. 9.

(4) A part-time Commissioner who is directly or indirectly interested in a contract made or proposed to be made by the Commission, otherwise than as a member, and in common with other members, of an incorporated company consisting of not less than twenty-five persons, shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.
Added by No. 41, 1973, s. 9.

(5) A disclosure under sub-section (4) shall be recorded in the minutes of the Commission, and the part-time Commissioner-

(a) shall not take part after the disclosure in any deliberation or decision of the Commission with respect to the contract; and

(b) shall be disregarded for the purpose of constituting a quorum of the Commission for any such deliberation or decision.

CITIES COMMISSION ACT 1972 - SECT. 11.
Acting appointments.

SECT

Substituted by No. 41, 1973, s 10.
11. (1) Where the Chairman or Associate Commissioner is, or is expected to be, absent from duty or from Australia or there is a vacancy in the office of Chairman or Associate Commissioner, the Minister may appoint a person to be acting Chairman or acting Associate Commissioner during the absence or until the filling of the vacancy.

(2) An acting Chairman or acting Associate Commissioner appointed in the event of the office of Chairman or Associate Commissioner becoming vacant shall not continue in office after the expiration of twelve months after the occurrence of the vacancy in the office of Chairman or Associate Commissioner.

(3) An acting Chairman or acting Associate Commissioner has all the powers and shall perform all the duties of the Chairman or Associate Commissioner, as the case requires.

(4) If the Associate Commissioner or a part-time Commissioner is at any time appointed to be acting Chairman, his office shall, during the period of his appointment, be deemed, for the purposes of this section, to be vacant.

(5) In the event of the inability of a part-time Commissioner (whether on account of illness or otherwise) to attend meetings of the Commission, the Minister may appoint a person to be an acting Commissioner during that inability, and the person so appointed has all the powers and functions of a part-time Commissioner.

(6) The Minister may, at any time, terminate an appointment under this section.

(7) Subject to this section, a person appointed under this section holds office on such terms and conditions as the Minister determines.

(8) The validity of an act done by the Commission shall not be questioned in any proceedings on a ground arising from the fact that the occasion for the appointment of a person purporting to be appointed under this section had not arisen or that an appointment under this section had ceased to have effect.

(9) Where an appointment of a person to act in the place of the Secretary is in force, this Act applies as if references to the Secretary were references to that person.

CITIES COMMISSION ACT 1972 - SECT. 11A.
Meetings.

SECT

Inserted by No. 41, 1973, s. 10.
11A. (1) The Commission shall hold such meetings as are necessary for the performance of its functions.

(2) The Chairman may at any time convene a meeting of the Commission.

(3) The Chairman shall, upon receipt of a request in writing signed by three Commissioners, convene a meeting of the Commission.

(4) At a meeting of the Commission, a quorum is constituted by the Chairman and two other Commissioners.

(5) The Chairman shall preside at all meetings of the Commission.

(6) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the Commissioners present.

(7) The Chairman has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

(8) In this section, ''Chairman'' includes an acting Chairman and ''Commissioner'' includes an acting Commissioner.

CITIES COMMISSION ACT 1972 - SECT. 12.
Duties of Commission.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
12. (1) The Commission shall investigate, and from time to time report to the Minister on, matters relating to urban or regional development-

(a) for the purpose of assisting the Government of the Commonwealth in the consideration by the Government of the grant of financial assistance by the Parliament to a State in connexion with urban or regional development, including the terms and conditions on which that assistance might be granted by the Parliament; and

(b) in so far as those matters relate to any matter with respect to which the Parliament has power to make laws.
Amended by No. 41, 1973, s.12.

(2) The Commission shall comply with any directions given to it by the Minister with respect to the matters to be investigated by the Commission.
Sub-section (3) omitted by No. 216, 1973, s. 3.
* * * * * * * *

CITIES COMMISSION ACT 1972 - SECT. 13.
Powers of Commission.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
13. (1) The Commission has power to do all things that are necessary or convenient to be done for or in connexion with the performance of its duties and, in particular, without limiting the generality of the foregoing, the Commission may engage persons, or make arrangements with persons, to advise and inform the Commission on any matter being investigated by the Commission.
Amended by No. 41, 1973, s. 12.

(2) The powers of a body established by an Act extend to entering into arrangements with the Commission as mentioned in the last preceding sub-section.

CITIES COMMISSION ACT 1972 - SECT. 14.
Cities Commission Advisory Committee.

SECT

Sub-section (1) substituted by No. 41, 1973, s. 11.
14. (1) There shall be a Cities Commission Advisory Committee to advise the Commission in connexion with its duties and powers under this Act.
Amended by No. 41, 1973, ss. 11 and 12.

(2) The Committee shall consist of the Chairman and thirteen other members.
Amended by No. 41, 1973, s. 12.

(3) The Chairman shall be the chairman of the Committee.
Amended by No. 41, 1973, s. 12.

(4) The members of the Committee other than the Chairman shall be appointed by the Minister and hold office, subject to good behaviour, for a period of three years but a retiring member is eligible for reappointment.
Amended by No. 41, 1973, s. 12.

(5) The members of the Committee appointed by the Minister shall be persons who, in the opinion of the Minister, by their knowledge and experience, can assist the Commission in the performance of its duties.
Amended by No. 41, 1973, s. 12.

(6) In the event of a member of the Committee other than the Chairman ceasing to hold office before the end of the period of his appointment, the Minister may appoint another member for the remainder of that period.

(7) A vacancy in the membership of the Committee does not affect the exercise of the powers of the Committee.
Amended by No. 41, 1973, s. 12.

(8) Members of the Committee other than the Chairman shall be paid such fees and allowances (other than annual allowances) as are prescribed.
Substituted by No. 41, 1973, s. 12.

(9) The Associate Commissioner shall, if the Chairman so requests, attend a meeting of the Committee in place of the Chairman and, while so attending, shall be the chairman of the Committee.

CITIES COMMISSION ACT 1972 - SECT. 15.
Officers and employees.

SECT

PART III-STAFF
Sub-section (1) amended by No. 41, 1973, s. 12.
15. (1) The Commission may appoint such officers or engage such employees as it thinks necessary for the purposes of this Act.
Amended by No. 41, 1973, s. 12.

(2) The terms and conditions of service or employment of persons so appointed or engaged are such as are, subject to the approval of the Public Service Board, determined by the Commission.
Amended by No. 41, 1973, s. 12.

(3) The Commission may arrange with the Permanent Head of any Department of the Public Service of the Commonwealth, or with a body established by an Act, for the services of officers or employees of the Department or body to be made available to the Commission.

CITIES COMMISSION ACT 1972 - SECT. 16.
Superannuation.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
16. (1) The Commission is an approved authority for the purposes of the Superannuation Act 1922-1971.
Amended by No. 41, 1973, s. 12.

(2) For the purposes of that Act, the Chairman and the Associate Commissioner shall each be taken to be a person who is required to give the whole of his time to the duties of his office.

CITIES COMMISSION ACT 1972 - SECT. 17.
Rights of public servants appointed or employed under this Act.

SECT

Amended by No. 41, 1973, s. 12; and No. 216, 1973, s. 3.
17. Where the Chairman, the Associate Commissioner or an officer or employee of the Commission was, immediately before his appointment or engagement, an officer of the Public Service of the Commonwealth (including an unattached officer)-

(a) he retains his existing and accruing rights; and

(b) for the purpose of determining those rights, his service under this Act shall be taken into account as if it were service in the Public Service of the Commonwealth.

CITIES COMMISSION ACT 1972 - SECT. 18.
Sub-section (1) amended by No. 41, 1973, s. 12.

SECT

PART IV-FINANCE
Sub-section (1) amended by No. 41, 1973, s. 12.
18. (1) There are payable to the Commission such moneys as are appropriated by the Parliament for the purposes of the Commission.
Amended by No. 41, 1973, s. 12.

(2) The Treasurer may give directions as to the amounts in which, and the times at which, moneys referred to in the last preceding subsection are to be paid to the Commission.

CITIES COMMISSION ACT 1972 - SECT. 19.
Estimates.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
19. (1) The Commission shall prepare estimates, in such form as the Minister directs, of its expenditure for each financial year and for such other period (if any) as the Minister directs and shall submit those estimates to the Minister not later than such date as the Minister directs.
Amended by No. 41, 1973, s. 12.

(2) Moneys shall not be expended by the Commission otherwise than in accordance with estimates of expenditure approved by the Minister.

CITIES COMMISSION ACT 1972 - SECT. 20.
Bank accounts.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
20. (1) The Commission may open and maintain an account or accounts with an approved bank or approved banks and shall maintain at all times at least one such account.
Amended by No. 41, 1973, s. 12.

(2) The Commission shall pay all moneys of the Commission into an account referred to in this section.

(3) In this section, ''approved bank'' means the Reserve Bank of Australia or another bank approved by the Treasurer.

CITIES COMMISSION ACT 1972 - SECT. 21.
Application of moneys.

SECT

Amended by No. 41, 1973, s. 12.
21. The moneys of the Commission may be applied by the Commission-

(a) in payment or discharge of the costs and expenses of the Commission under this Act; and

(b) in payment of any remuneration or allowances payable to any person under this Act,
but not otherwise.

CITIES COMMISSION ACT 1972 - SECT. 22.
Exemption from taxation.

SECT

Amended by No. 41, 1973, s. 12; and No. 216, 1973, s. 3.
22. The Commission is not subject to taxation under any law of the Commonwealth or of a State or Territory.

CITIES COMMISSION ACT 1972 - SECT. 23.
Reports.

SECT

PART V-MISCELLANEOUS
Sub-section (1) amended by No. 41, 1973, s. 12.
23. (1) The Commission shall, as soon as practicable after each 30th June, prepare and furnish to the Minister, for presentation to the Parliament, a report of its operations during the year ended on that date, together with financial statements in respect of that year in such form as the Treasurer approves.
Amended by No. 41, 1973, s. 12.

(2) Before furnishing the financial statements to the Minister, the Commission shall submit them to the Auditor-General, who shall report to the Minister-

(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 the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Commission during the year have been in accordance with this Act; and

(d) as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

CITIES COMMISSION ACT 1972 - SECT. 24.
Audit.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
24. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Commission and records relating to assets of, or in the custody of, the Commission, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify his so doing.

(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in the last preceding sub-section.
Amended by No. 41, 1973, s. 12.

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of the inspection and audit carried out under sub-section (1).
Amended by No. 41, 1973, s. 12.

(4) The Auditor-General or an officer authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission.

(5) The Auditor-General or an officer authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

(6) The Auditor-General or an officer authorized by him may require any person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized officer considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirement.

(7) A person who contravenes the last preceding sub-section is guilty of an offence punishable, upon conviction, by a fine not exceeding Two hundred dollars.

CITIES COMMISSION ACT 1972 - SECT. 25.
Proper accounts to be kept.

SECT

Amended by No. 41, 1973, s. 12.
25. The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission and shall do all things necessary to ensure that all payments out of its moneys are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.

CITIES COMMISSION ACT 1972 - SECT. 26.
Committees.

SECT

Sub-section (1) amended by No. 41, 1973, s. 12.
26. (1) The Minister may establish one or more committees, in addition to the committee established by section 14, to advise the Commission in connexion with its duties and powers under this Act.
Amended by No. 41, 1973, s. 12.

(2) The Chairman shall be a member of and chairman of each such committee.
Substituted by No. 41, 1973, s. 12.

(3) The Associated Commissioner shall, if the Chairman so requests, attend a meeting of a committee in place of the Chairman and, while so attending, shall be the chairman of the committee.

CITIES COMMISSION ACT 1972 - SECT. 27.
Regulations.

SECT

27. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
------------------------------------------------------------------------------ -

CITIES COMMISSION ACT 1972 - NOTES


NOTES
1. The Cities Commission Act 1972 comprises the National Urban and Regional Development Authority Act 1972 as amended by the other Acts specified in the following table:

----------------------------------------------------------------------------
Number Date of
Act and year Date of Assent commencement
----------------------------------------------------------------------------
National Urban and Regional
Development Authority Act
1972 No. 117, 1972 31 Oct 1972 31 Oct 1972
Cities Commission Act 1973 No. 41, 1973 7 June 1973 7 June 1973
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
----------------------------------------------------------------------------

2.-S. 8A-By section 16 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Chairman of the Cities Commission is $29,250 and that of Commissioner (being a part-time Commissioner) is $2,600 with an annual allowance applicable to the office of Chairman of $1,750.