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Commonwealth Services Delivery Agency Act 1997

  • - C2005C00611
  • In force - Superseded Version
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Act No. 31 of 1997 as amended, taking into account amendments up to Act No. 111 of 2005
An Act to establish an agency for the provision of certain Commonwealth services, and for related purposes
Administered by: Human Services
Registered 04 Oct 2005
Start Date 01 Oct 2005
End Date 30 Jun 2011

Commonwealth Services Delivery Agency Act 1997

Act No. 31 of 1997 as amended

This compilation was prepared on 1 October 2005
taking into account amendments up to Act No. 111 of 2005

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 and Publishing,
Attorney-General’s Department,
Canberra

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

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

2............ Commencement.................................................................................. 1

2A......... Application of the Criminal Code...................................................... 1

3............ Definitions.......................................................................................... 1

4............ Act binds the Crown.......................................................................... 2

5............ External Territories............................................................................. 2

Part 2—Establishment of Agency                                                                                  3

6............ Establishment of Agency.................................................................... 3

6A......... Function of Agency............................................................................ 3

Part 3—The Chief Executive Officer                                                                           4

Division 1—Powers and functions of Chief Executive Officer               4

7............ Service arrangements........................................................................... 4

8............ Functions of Chief Executive Officer................................................. 5

8A......... Agreements about exercise and performance of Chief Executive Officer’s powers and functions          5

9............ Ministerial directions about exercise and performance of Chief Executive Officer’s powers and function            5

10.......... Minister may request information...................................................... 6

11.......... Management of Agency...................................................................... 6

12.......... Delegation........................................................................................... 7

Division 2—Appointment etc. of Chief Executive Officer                        8

29.......... Appointment...................................................................................... 8

30.......... Remuneration...................................................................................... 8

30A....... Leave of absence................................................................................. 8

30B....... Other terms and conditions................................................................ 8

30C....... Termination of appointment.............................................................. 9

31.......... Acting Chief Executive Officer........................................................... 9

34.......... Resignation....................................................................................... 10

Part 4—Staff of the Agency                                                                                            11

35.......... Staff.................................................................................................. 11

37.......... Consultants....................................................................................... 11

Part 5—Miscellaneous                                                                                                       12

38.......... Use of protected names and symbols............................................... 12

39.......... Chief Executive Officer may charge for services.............................. 13

40.......... Chief Executive Officer’s annual report........................................... 13

41.......... Regulations....................................................................................... 14

Notes                                                                                                                                            15


An Act to establish an agency for the provision of certain Commonwealth services, and for related purposes

Part 1Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Commonwealth Services Delivery Agency Act 1997.

2  Commencement

                   This Act commences on 1 July 1997.

2A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

3  Definitions

                   In this Act, unless the contrary intention appears:

Agency means the Commonwealth Services Delivery Agency established by this Act.

benefit includes:

                     (a)  a pension, allowance, concession or payment; and

                     (b)  a card entitling its holder to a concession or a payment of any kind.

Chief Executive Officer means the Chief Executive Officer appointed under section 29.

Commonwealth authority means:

                     (a)  a Department of State; or

                     (b)  a body, other than the Agency, established for a public purpose by or under a law of the Commonwealth.

Commonwealth service means a service, benefit, program or facility for some or all members of the public that is provided for by the Commonwealth, whether under an enactment or otherwise.

employee means a member of the Agency’s staff referred to in subsection 35(1).

enactment means:

                     (a)  an Act; or

                     (b)  an instrument (including rules, regulations and by-laws) made under an Act.

principal officer means:

                     (a)  for a Department of State—the person who is the Secretary of the Department for the purposes of the Public Service Act 1999; or

                     (b)  for any other Commonwealth authority—the person identified by the regulations as the principal officer of the authority.

service arrangements means arrangements entered into under section 7.

4  Act binds the Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to be prosecuted for an offence.

5  External Territories

                   This Act extends to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.


 

Part 2Establishment of Agency

  

6  Establishment of Agency

             (1)  The Commonwealth Services Delivery Agency is established by this subsection.

             (2)  The Agency comprises:

                     (b)  the Chief Executive Officer; and

                     (c)  the employees.

             (3)  The Agency may also be known as Centrelink.

6A  Function of Agency

                   The function of the Agency is to assist the Chief Executive Officer in the performance of the Chief Executive Officer’s functions.


 

Part 3The Chief Executive Officer

Division 1Powers and functions of Chief Executive Officer

7  Service arrangements

             (1)  The Chief Executive Officer may, with the written approval of the Minister, enter into arrangements with the principal officer of a Commonwealth authority for the provision of the Commonwealth services specified in the arrangements, subject to the conditions specified in the arrangements.

             (2)  Arrangements for the provision of Commonwealth services may include arrangements for doing anything incidental, conducive or related to the provision of the services.

             (3)  Without limiting subsection (1) or (2), arrangements for the provision of Commonwealth services may include arrangements for:

                     (a)  making the Chief Executive Officer or specified employees, or employees in specified classes of employees, available to exercise powers or perform functions in connection with the provision of the services (including powers and functions delegated to the Chief Executive Officer or employees under other laws); or

                     (b)  determining a person’s eligibility for, or entitlement to receive or have access to, the services; or

                     (c)  maintaining records related to the provision of the services; or

                     (d)  providing Commonwealth authorities and other persons with information related to the provision of the services; or

                     (e)  undertaking education, compliance, investigation and enforcement activities related to the provision of the services; or

                      (f)  recovering overpayments and other amounts due to the Commonwealth in connection with the provision of the services; or

                     (g)  conducting litigation or proceedings related to the provision of the services.

             (4)  Arrangements for the provision of Commonwealth services may also include agreements covered by section 8A.

             (5)  An approval given by the Minister under this section is not a legislative instrument.

8  Functions of Chief Executive Officer

             (1)  The Chief Executive Officer has the following functions:

                     (a)  the provision of Commonwealth services in accordance with service arrangements, and doing anything included in the arrangements that is incidental, conducive or related to the provision of the services;

                     (b)  any functions conferred on the Chief Executive Officer under any other Act;

                     (c)  any functions that the Minister, by writing, directs the Chief Executive Officer to perform;

                     (d)  doing anything incidental, conducive or related to the performance of any of his or her other functions.

             (2)  A direction made under paragraph (1)(c) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the direction.

8A  Agreements about exercise and performance of Chief Executive Officer’s powers and functions

                   The Chief Executive Officer may enter into a written agreement with the principal officer of a Commonwealth authority about the exercise or performance of the Chief Executive Officer’s powers or functions.

9  Ministerial directions about exercise and performance of Chief Executive Officer’s powers and function

             (1)  The Minister may, by writing, give directions to the Chief Executive Officer about the exercise or performance of the Chief Executive Officer’s powers or functions.

          (1A)  Without limiting subsection (1), directions under this section may include directions about the following:

                     (a)  the objectives, strategies, policies or priorities of the Chief Executive Officer or the Agency;

                     (b)  the manner in which the Chief Executive Officer exercises or performs his or her powers or functions;

                     (c)  the manner in which the Agency performs its function.

          (1B)  The Minister must not give a direction under this section about the exercise or performance of powers or functions in relation to a particular individual or company.

Note:          See also section 19 of the Public Service Act 1999 which provides that an Agency Head is not subject to direction by any Minister in relation to the exercise of powers by the Agency Head under Division 1 or 2 of Part 4 of that Act in relation to particular individuals.

             (2)  Particulars of any directions given by the Minister under this section in a financial year must be included in the Chief Executive Officer’s annual report for that year.

             (3)  The Chief Executive Officer must comply with a direction given under this section.

             (4)  A direction given under this section is not a legislative instrument.

10  Minister may request information

             (1)  The Minister may, by writing, request the Chief Executive Officer to give the Minister information about:

                     (a)  the exercise or performance of the Chief Executive Officer’s powers or functions; or

                     (b)  the operation of the Agency.

             (2)  The Chief Executive Officer must, within a reasonable time, comply with a request under this section.

             (3)  A request made under this section is not a legislative instrument.

11  Management of Agency

                   The Chief Executive Officer is, under the Minister, responsible for:

                     (a)  deciding the objectives, strategies, policies and priorities of the Agency; and

                     (b)  managing the Agency; and

                     (c)  ensuring that the Agency performs its function in a proper, efficient and effective manner.

12  Delegation

             (1)  The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions of the Chief Executive Officer under this Act or any other Act.

             (2)  However, the Chief Executive Officer must not delegate powers or functions conferred on him or her under another Act if the delegation is inconsistent with the express provisions of that Act.

             (3)  The Chief Executive Officer may, by writing, delegate to an employee all or any of the powers or functions delegated to the Chief Executive Officer under another Act.

             (4)  However, the Chief Executive Officer must not delegate powers or functions delegated to him or her under another Act if the delegation by the Chief Executive Officer would be inconsistent with the express provisions of that Act.


 

Division 2Appointment etc. of Chief Executive Officer

29  Appointment

             (1)  There is to be a Chief Executive Officer of the Agency.

             (2)  The Chief Executive Officer is to be appointed in writing by the Minister.

             (3)  The Chief Executive Officer is to be appointed on a full-time basis.

             (4)  The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

30  Remuneration

             (1)  The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed.

             (2)  The Chief Executive Officer is to be paid the allowances that are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

30A  Leave of absence

             (1)  The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

30B  Other terms and conditions

                   The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister in writing.

30C  Termination of appointment

             (1)  The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the Chief Executive Officer if:

                     (a)  the Chief Executive Officer:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the Chief Executive Officer is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Chief Executive Officer engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.

             (3)  The Minister must terminate the appointment of the Chief Executive Officer if, in the Minister’s opinion, the performance of the Chief Executive Officer has been unsatisfactory for a significant period of time.

31  Acting Chief Executive Officer

             (1)  The Minister may appoint a person to act as the Chief Executive Officer:

                     (a)  during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any other reason, unable to perform the functions of the office.

             (2)  Anything done by or in relation to a person purporting to act under an appointment under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had stopped having effect; or

                     (d)  the occasion for the person to act had not arisen or had stopped.

34  Resignation

                   The Chief Executive Officer may resign by giving the Minister a written resignation.


 

Part 4Staff of the Agency

  

35  Staff

             (1)  Subject to this Part, the Agency’s staff are to be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the Chief Executive Officer and the APS employees assisting the Chief Executive Officer together constitute a Statutory Agency; and

                     (b)  the Chief Executive Officer is the Head of that Statutory Agency.

37  Consultants

             (1)  The Chief Executive Officer may engage as consultants persons having suitable qualifications and experience.

             (2)  The terms and conditions of engagement are to be determined by the Chief Executive Officer.


 

Part 5Miscellaneous

  

38  Use of protected names and symbols

             (1)  A person must not, without the Chief Executive Officer’s written consent:

                     (a)  use in relation to a business, trade, profession or occupation; or

                     (b)  use as the name, or as part of the name, of any firm, body corporate, institution, premises, vehicle, ship, aircraft or other craft; or

                     (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:

either:

                     (e)  a protected name, or a name so closely resembling a protected name as to be likely to be mistaken for it; or

                      (f)  the protected symbol, or a symbol so closely resembling the protected symbol as to be likely to be mistaken for it.

Penalty:  30 penalty units.

          (1A)  Subsection (1) is an offence of strict liability.

             (2)  Subsection (1), so far as it applies in relation to a particular protected name or the protected symbol, does not affect rights conferred by law on a person in relation to:

                     (a)  a trade mark that is a registered trade mark for the purposes of the Trade Marks Act 1995; or

                     (b)  a design registered under the Designs Act 2003;

that was so registered, or was registered under the Designs Act 1906, at the protection time in relation to the name or symbol.

             (3)  This section, so far as it applies in relation to a particular protected name or the protected symbol, does not affect the use, or rights conferred by law relating to the use, of a name or symbol (the relevant name or symbol) by a person in a particular manner if, at the protection time in relation to the protected name or protected symbol, the person:

                     (a)  was using the relevant name or symbol 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 symbol or a similar name or symbol, goods or services as the goods or services of the first-mentioned person.

             (4)  In this section:

protected name means any of the following names:

                     (a)  “Commonwealth Services Delivery Agency”;

                     (b)  such other names as are prescribed.

protected symbol means the Agency’s official symbol, whose design is set out in the regulations.

protection time means:

                     (a)  in relation to the name “Commonwealth Services Delivery Agency”—the time immediately before the commencement of this Act; or

                     (b)  in relation to any other name—the time immediately before the commencement of the regulation prescribing the name; or

                     (c)  in relation to the protected symbol—the time immediately before the commencement of the regulation setting out the design of the symbol.

39  Chief Executive Officer may charge for services

                   The Chief Executive Officer may charge fees for services he or she provides in connection with the performance of his or her functions.

40  Chief Executive Officer’s annual report

             (1)  The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give the Minister a report on:

                     (a)  the exercise and performance of the powers and functions of the Chief Executive Officer during that year; and

                     (b)  the operations of the Agency during that year.

             (2)  The Minister must cause a copy of each report under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

41  Regulations

                   The Governor-General may make regulations prescribing 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.


Notes to the Commonwealth Services Delivery Agency Act 1997

Note 1

The Commonwealth Services Delivery Agency Act 1997 as shown in this compilation comprises Act No. 31, 1997 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Commonwealth Services Delivery Agency Act 1997

31, 1997

17 Apr 1997

1 July 1997

 

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 325–327): 5 Dec 1999 (see Gazette 1999, No. S584) (a)

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001

137, 2001

1 Oct 2001

2 Oct 2001

S. 4

Family and Community Services Legislation Amendment Act 2003

30, 2003

15 Apr 2003

15 Apr 2003

Designs (Consequential Amendments) Act 2003

148, 2003

17 Dec 2003

Schedules 1 and 2: (b)
Remainder: Royal Assent

Human Services Legislation Amendment Act 2005

111, 2005

6 Sept 2005

Schedule 1 (items 1–43,
62–71): 1 Oct 2005 (see F2005L02671)

Sch. 1 (items
62–71)


(a)     The Commonwealth Services Delivery Agency Act 1997 was amended by Schedule 1 (items 325–327) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(b)    Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

2.  Schedules 1 and 2

Immediately after the commencement of section 4 of the Designs Act 2003.

17 June 2004


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 2A...................................

ad. No. 137, 2001

S. 3......................................

am. No. 146, 1999; No. 30, 2003; No. 111, 2005

Part 2

 

Heading to Part 2.................

rs. No. 111, 2005

S. 6......................................

am. No. 111, 2005

S. 6A...................................

ad. No. 111, 2005

Part 3

 

Heading to Part 3.................

ad. No. 111, 2005

Division 1

 

Heading to Div. 1 of Part 3...

ad. No. 111, 2005

S. 7......................................

am. No. 111, 2005

Heading to s. 8....................

rs. No. 111, 2005

S. 8......................................

am. No. 111, 2005

S. 8A...................................

ad. No. 111, 2005

Heading to s. 9....................

am. No. 111, 2005

S. 9......................................

am. No. 111, 2005

S. 10....................................

rs. No. 111, 2005

Part 3...................................

rep. No. 111, 2005

Ss. 11, 12............................

rs. No. 111, 2005

Ss. 13–28............................

rep. No. 111, 2005

Division 2

 

Heading to Div. 2 of Part 3...

ad. No. 111, 2005

S. 29....................................

am. No. 111, 2005

S. 30....................................

rs. No. 111, 2005

Ss. 30A–30C.......................

ad. No. 111, 2005

S. 31....................................

am. No. 111, 2005

Ss. 32, 33............................

rep. No. 111, 2005

S. 34....................................

am. No. 111, 2005

Part 4

 

Heading to Part 4.................

rs. No. 111, 2005

Heading to Div. 1 of Part 4...

rep. No. 111, 2005

Heading to Div. 2 of Part 4...

rep. No. 111, 2005

S. 35....................................

am. No. 146, 1999; No. 111, 2005

S. 36....................................

rep. No. 111, 2005

Part 5

 

S. 38....................................

am. No. 137, 2001; No. 148, 2003; No. 111, 2005

S. 39....................................

rs. No. 111, 2005

Heading to s. 40..................

rs. No. 111, 2005

S. 40....................................

am. No. 111, 2005


Table A

Application, saving or transitional provisions

Family and Community Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 137, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Human Services Legislation Amendment Act 2005 (No. 111, 2005)

Schedule 1

62  Definitions

(1)        In this Part:

amend includes repeal and remake.

Board means the Board within the meaning of the old law.

Centrelink means the Commonwealth Services Delivery Agency.

CEO means the Chief Executive Officer of Centrelink.

Chairman means the Chairman of the Board.

commencement time means the time when this Part commences.

instrument:

                     (a)  includes:

                              (i)  a contract, deed, undertaking or agreement; and

                             (ii)  a notice, authority, order or instruction; and

                            (iii)  an instrument made under an Act or regulations; but

                     (b)  does not include an Act or regulations.

new law means the Commonwealth Services Delivery Agency Act 1997 as in force after the commencement time.

old law means the Commonwealth Services Delivery Agency Act 1997 as in force before the commencement time.

(2)        In this Part, unless a contrary intention is expressed, a reference to a law (however described) is a reference to a law of the Commonwealth.

63  CEO to continue

The person who was the CEO immediately before the commencement time continues to be the CEO immediately after the commencement time and holds office as if:

                     (a)  his or her appointment by the Board under section 29 of the old law (the first appointment) were terminated immediately before the commencement time; and

                     (b)  he or she were appointed for the remainder of the term of his or her first appointment by the Minister under Division 2 of Part 3 of the new law immediately after the commencement time.

64  Operation of laws—things done by, or in relation to, Centrelink

(1)        If, before the commencement time, a thing was done by, or in relation to, Centrelink, the Board or the Chairman, then, for the purposes of the operation of any law after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2)        For the purposes of subitem (1), a thing done before the commencement time under a provision amended by this Schedule has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

(3)        The Minister may, by writing, determine that subitem (1):

                     (a)  does not apply in relation to a specified thing done by, or in relation to, Centrelink, the Board or the Chairman; or

                     (b)  applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.

A determination under this subitem has effect accordingly.

(4)        The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a person or body other than the CEO, the Commonwealth or Centrelink.

(5)        To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

(6)        A determination made under subitem (3) is not a legislative instrument.

65  References in instruments

(1)        If:

                     (a)  an instrument is in force immediately before the commencement time; and

                     (b)  the instrument contains a reference to Centrelink (however described), the Board or the Chairman;

the instrument has effect from the commencement time as if the reference to Centrelink, the Board or the Chairman were a reference to the CEO.

(2)        The Minister may, by writing, determine that subitem (1):

                     (a)  does not apply in relation to a specified reference; or

                     (b)  applies as if the reference in that subitem to the CEO were a reference to the Commonwealth or to Centrelink.

A determination under this subitem has effect accordingly.

(3)        The regulations may provide that an instrument containing a reference specified in a determination under paragraph (2)(a) has effect from the commencement time as if the reference were a reference to a person or body other than the CEO, the Commonwealth or Centrelink.

(4)        A determination made under subitem (2) is not a legislative instrument.

66  Transfer of records

At the commencement time, the records and documents of Centrelink become the records and documents of the CEO.

67  Financial statements and other reporting requirements

Financial statements

(1)        If:

                     (a)  immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide financial statements for a period; and

                     (b)  the period ends after the commencement time;

the CEO must, within 3 months after the commencement time, provide the statements for so much of the period as occurs before the commencement time.

Other reporting requirements

(2)        If:

                     (a)  immediately before the commencement time, a law required Centrelink, the Board or the Chairman to provide a report (other than financial statements) for a period; and

                     (b)  the period ends after the commencement time;

the CEO must provide the report, as required, for so much of the period as occurs before the commencement time.

(3)        If:

                     (a)  under subitem (2), the CEO is required to provide a report for a part of a period; and

                     (b)  the CEO is also required to provide a similar report for the remainder of the period;

the CEO may meet the requirements in a single report for the period.

Outstanding reporting requirements

(4)        If:

                     (a)  a law required Centrelink, the Board or the Chairman to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and

                     (b)  the report has not been provided by the commencement time;

the CEO must provide the report as required.

68  Substitution of parties to proceedings

If, immediately before the commencement time, any proceedings to which Centrelink, the Board or the Chairman was a party were pending in any court or tribunal, then, from the commencement time, the CEO is substituted for Centrelink, the Board or the Chairman as a party to the proceedings.

69  Constitutional safety net—acquisition of property

(1)        If:

                     (a)  a provision of this Schedule would result in an acquisition of property; and

                     (b)  the provision would not be valid, apart from this item, because a particular person has not been compensated;

the Commonwealth must pay that person:

                     (c)  a reasonable amount of compensation agreed on between the person and the Commonwealth; or

                     (d)  failing agreement—a reasonable amount of compensation determined by a court of competent jurisdiction.

(2)        Any damages or compensation recovered, or other remedy given, in a proceeding begun otherwise than under this item must be taken into account in assessing compensation payable in a proceeding begun under this item and arising out of the same event or transaction.

(3)        In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

70  Delegation by Minister

(1)        The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee, or acting SES employee, in the Department; or

                     (c)  the CEO.

(2)        In exercising or performing powers or functions under a delegation, the delegate must comply with any directions of the Minister.

(3)        A power delegated to the CEO under subitem (1) must not be sub-delegated under subsection 12(3) of the new law.

71  Regulations

(1)        The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Schedule to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

(2)        In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by this Schedule.