Australia-Japan Foundation (Repeal and Transitional Provisions) Act 2006
No. 95, 2006
An Act to repeal the Australia‑Japan Foundation Act 1976, and for related purposes
[Assented to 5 September 2006]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Australia‑Japan Foundation (Repeal and Transitional Provisions) Act 2006.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 5 September 2006 |
| 2. Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 December 2006 (see F2006L03882) |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Repeal and transitional provisions
Part 1—Repeal of the Australia‑Japan Foundation Act 1976
Australia‑Japan Foundation Act 1976
1 The whole of the Act
Repeal the Act.
Part 2—Transitional provisions
Division 1—Preliminary
2 Definitions
In this Part:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
Appropriation Act means an Act appropriating money for expenditure out of the Consolidated Revenue Fund.
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official, in relation to an asset other than land, means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.
commencement time means the time when this Part commences.
Foundation means the Australia‑Japan Foundation established by the Australia‑Japan Foundation Act 1976.
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; and
(iv) regulations; but
(b) does not include an Act.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
Division 2—Assets, liabilities and legal proceedings
3 Vesting of assets of Foundation
(1) This item applies to the assets of the Foundation immediately before the commencement time.
(2) At the commencement time, the assets to which this item applies cease to be assets of the Foundation and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.
4 Vesting of liabilities of Foundation
(1) This item applies to the liabilities of the Foundation immediately before the commencement time.
(2) At the commencement time, the liabilities to which this item applies cease to be liabilities of the Foundation and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.
5 Certificates relating to vesting of land
(1) This item applies if:
(a) any land vests in the Commonwealth under this Division; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the Commonwealth under this Division.
Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 15.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
6 Certificates relating to vesting of assets other than land
(1) This item applies if:
(a) any asset other than land vests in the Commonwealth under this Division; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Commonwealth under this Division.
Note: Certificates under paragraph (1)(b) are presumed to be authentic: see item 15.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register as are necessary having regard to the effect of this Part.
7 Substitution of Commonwealth as a party to pending proceedings
If any proceedings to which the Foundation was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the Foundation, from the commencement time, as a party to the proceedings.
8 Transfer of custody of Foundation records
(1) This item applies to any records or documents that, immediately before the commencement time, were in the custody of:
(a) the Foundation; or
(b) a committee appointed under section 21 of the Australia‑Japan Foundation Act 1976.
(2) The records and documents are to be transferred into the custody of the Commonwealth at or after the commencement time.
Division 3—Reference to, and things done by or in relation to, Foundation
9 References in instruments
References to Foundation taken to be references to Commonwealth
(1) If:
(a) an instrument is in force immediately before the commencement time; and
(b) the instrument contains a reference to the Foundation;
the instrument has effect from the commencement time as if the reference to the Foundation were a reference to the Commonwealth.
References to staff of Foundation taken to be references to staff of Department
(2) If:
(a) an instrument is in force immediately before the commencement time; and
(b) the instrument contains a reference to a member of the staff of the Foundation;
the instrument has effect from the commencement time as if the reference to the member of the staff of the Foundation were a reference to a member of the staff of the Department.
Minister and regulations may provide otherwise
(3) The Minister may, by writing, determine that subitem (1) or (2) does not apply in relation to a specified reference. A determination under this subitem has effect accordingly.
(4) The regulations may provide that an instrument containing a reference specified in a determination under subitem (3) has effect from the commencement time as if:
(a) in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth; or
(b) in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than a member of the staff of the Foundation.
Determinations are not legislative instruments
(5) A determination under subitem (3) is not a legislative instrument.
10 Operation of laws
Things done by Foundation taken to be done by Commonwealth
(1) If, before the commencement time, a thing was done by, or in relation to, the Foundation, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the Commonwealth.
Minister and regulations may provide otherwise
(2) The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Foundation. A determination under this subitem has effect accordingly.
(3) The regulations may provide for a thing specified in a determination under subitem (2) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth.
Meaning of doing
(4) To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.
Determinations are not legislative instruments
(5) A determination made under subitem (2) is not a legislative instrument.
11 Appropriation of money
(1) For the purposes of the operation of an Appropriation Act after the commencement time, references to the Foundation are to be read as references to the Department.
(2) If an amount (the AJA balance) stands to the credit of the Australia‑Japan Account immediately before the commencement time, the departmental item for the Department under the Appropriation Act (No. 1) 2005‑2006 is increased by an amount equal to the AJA balance.
12 Financial statements and other reporting requirements
Reporting requirements
(1) If:
(a) immediately before the commencement time, a law required the Foundation (including the Chair) to provide a report (whether financial statements or otherwise) for a period; and
(b) the period ends after the commencement time;
the Secretary of the Department must provide the report, as required, for so much of the period as occurs before the commencement time.
Outstanding reporting requirements
(2) If:
(a) a law required the Foundation (including the Chair) 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 Secretary of the Department must provide the report as required.
Division 4—Miscellaneous
13 Exemption from stamp duty and other State or Territory taxes
No stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:
(a) the transfer of an asset or liability under this Part; or
(b) the operation of this Part in any other respect.
14 Compensation for acquisition of property
(1) If the operation of this Part would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
15 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
16 Delegation by Minister
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to the Secretary of the Department.
(2) In exercising or performing powers or functions under a delegation, the Secretary must comply with any directions of the Minister.
17 Regulations
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Part to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Part.
(2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the repeal made by this Schedule.