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 (Repealed)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Section 3 repealed by No. 216, 1973, s 3.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.
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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
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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.