Federal Register of Legislation - Australian Government

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No. 1 of 2004 Notices & Notifications as made
This declaration will make the ARTC Services Company Pty Ltd (ARTC Services) a Commonwealth authority for the purposes of the Act.
Administered by: Attorney-General's
General Comments: This instrument is also taken to be made under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the DRCA), by virtue of transitional provisions in the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017. The Minster for Veterans’ Affairs is responsible for administering the DRCA.
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 57
Registered 20 Jan 2006
Tabling HistoryDate
Tabled HR03-Aug-2004
Tabled Senate03-Aug-2004
Gazetted 30 Jun 2004

EXPLANATORY STATEMENT

 

 

Issued by the authority of the

Minister for Employment and Workplace Relations

 

 

 

Safety, Rehabilitation and Compensation Act 1988

 

 

Definition of ‘Commonwealth authority’ - subsection 4(1)

 

 

The Safety, Rehabilitation and Compensation Act 1988 (the Act) provides workers’ compensation coverage for Commonwealth employees, including employees of Commonwealth authorities.

 

Subsection 4(1) of the Act defines ‘Commonwealth authority’Under paragraph (d) of that definition, the Minister can declare certain types of bodies corporate as Commonwealth authorities which are covered under the Act, including a body corporate in which a body corporate declared under paragraph (c) has a controlling interest.

 

This declaration will make the ARTC Services Company Pty Ltd (ARTC Services) a Commonwealth authority for the purposes of the Act. 

 

ARTC Services is a wholly owned subsidiary of the Australian Rail Track Corporation Ltd.  The Australian Rail Track Corporation is a company limited by shares, incorporated under the Corporations Act 2001, in which the Commonwealth has a controlling interest.  On 13 May 1998 the Australian Rail Track Corporation was declared to be a body corporate to which the SRC Act applies under paragraph (c) of the definition of Commonwealth authority in subsection 4(1) of the Act.  However, this declaration does not extend to subsidiary companies of the Australian Rail Track Corporation for the purposes of the SRC Act.

 

ARTC Services has been operating under State workers’ compensation arrangements.  However, coverage under the Act is appropriate given its Commonwealth status.

 

ARTC Services already has occupational health and safety coverage under the Occupational Health and Safety (Commonwealth Employment) Act 1991 as it falls within the definition of ‘Commonwealth authority’ in that Act.

 

This declaration will take effect from the date of Gazettal.