Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument establishes the Old Parliament House as a corporate Commonwealth entity which will be legally separate from the Commonwealth.
Administered by: Finance
Made 06 May 2016
Registered 09 May 2016
Tabled HR 30 Aug 2016
Tabled Senate 30 Aug 2016

 

Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016

I, Mathias Cormann, Minister for Finance, make the following rule.

Dated 6 May 2016

Mathias Cormann

Minister for Finance

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

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

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Purpose......................................................................................................................... 1

6............ Definitions..................................................................................................................... 1

7............ Responsible Minister..................................................................................................... 2

Part 2—Old Parliament House                                                                                                                 3

8............ Establishment of Old Parliament House........................................................................ 3

9............ OPH’s functions........................................................................................................... 3

10.......... OPH’s powers.............................................................................................................. 3

11.......... Arts Minister may give directions to OPH.................................................................... 4

12.......... OPH does not have privileges and immunities of the Crown........................................ 4

Part 3—The Board                                                                                                                                          5

Division 1—Establishment, functions and powers etc.                                                          5

13.......... Establishment of the Board............................................................................................ 5

14.......... Functions of the Board.................................................................................................. 5

15.......... Minister may give the Board a statement setting out strategic guidance for OPH.......... 5

16.......... Powers of the Board...................................................................................................... 5

17.......... Delegation by the Board................................................................................................ 5

Division 2—Board members                                                                                                               6

18.......... Membership.................................................................................................................. 6

19.......... Appointment of Board members................................................................................... 6

20.......... Term of appointment..................................................................................................... 6

21.......... Acting Board Chair....................................................................................................... 6

22.......... Acting Board members.................................................................................................. 7

23.......... Remuneration of Board members.................................................................................. 7

24.......... Leave for Board members............................................................................................. 7

25.......... Restrictions on outside employment.............................................................................. 8

26.......... Resignation of Board members..................................................................................... 8

27.......... Termination of appointments of Board members........................................................... 8

28.......... Other terms and conditions of Board members............................................................. 9

Division 3—Procedures of the Board                                                                                           10

29.......... Convening of meetings................................................................................................ 10

30.......... Quorum....................................................................................................................... 10

31.......... Presiding at meetings................................................................................................... 10

32.......... Voting at meetings....................................................................................................... 10

33.......... Minutes....................................................................................................................... 11

34.......... Conduct of meetings.................................................................................................... 11

35.......... Decisions without meetings......................................................................................... 11

Part 4—The Director                                                                                                                                   12

36.......... Director....................................................................................................................... 12

37.......... Role............................................................................................................................. 12

38.......... Director to act in accordance with Board policies and directions................................. 12

39.......... Appointment of the Director........................................................................................ 12

40.......... Acting Director............................................................................................................ 12

41.......... Outside employment.................................................................................................... 13

42.......... Disclosure of interests................................................................................................. 13

43.......... Remuneration.............................................................................................................. 13

44.......... Leave........................................................................................................................... 14

45.......... Resignation.................................................................................................................. 14

46.......... Termination of appointment of the Director................................................................. 14

47.......... Other terms and conditions of the Director.................................................................. 15

Part 5—Staff and consultants                                                                                                                 16

48.......... Staff of OPH etc.......................................................................................................... 16

49.......... Consultants.................................................................................................................. 16

Part 6—Finance                                                                                                                                               17

50.......... Taxation....................................................................................................................... 17

Part 7—Transitional                                                                                                                                     18

Division 1—Preliminary                                                                                                                      18

51.......... Definitions................................................................................................................... 18

Division 2—Transfer of assets and liabilities of Old Parliament House                    19

52.......... Old Parliament House assets and liabilities................................................................. 19

53.......... Transfer of custody of records or documents of Old Parliament House...................... 19

54.......... Certificates relating to vesting of land.......................................................................... 19

55.......... Certificates for vesting of assets other than land.......................................................... 19

Division 3—Transfer of other matters relating to Old Parliament House              21

56.......... Acts of Old Parliament House to be attributed to OPH............................................... 21

57.......... Legal proceedings of Old Parliament House............................................................... 21

58.......... References in instruments to Old Parliament House.................................................... 21

Division 4—Staffing matters                                                                                                             22

59.......... Director of Old Parliament House............................................................................... 22

60.......... Advisory Council members of Old Parliament House................................................ 22

61.......... Staff of Old Parliament House.................................................................................... 22

Division 5—Other matters                                                                                                                 23

62.......... Exemption from stamp duty and other State or Territory taxes.................................... 23

63.......... Certificates taken to be authentic.................................................................................. 23

64.......... Compensation for acquisition of property................................................................... 23

Schedule 1—Amendments                                                                                                                        24

Public Governance, Performance and Accountability Rule 2014                                             24

 

 


Part 1Preliminary

  

1  Name

                   This is the Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016.

2  Commencement

             (1)  Each provision of this instrument 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

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 July 2016.

1 July 2016

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Public Governance, Performance and Accountability Act 2013.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Purpose

                   This instrument prescribes matters relating to Old Parliament House particularly for section 87 of the Act.

6  Definitions

                   In this instrument:

Act means the Public Governance, Performance and Accountability Act 2013.

Arts Minister means the Minister administering the National Portrait Gallery of Australia Act 2012.

Board means the Board established by section 13.

Board Chair means the Chair of the Board.

Board member means a member of the Board (and includes the Board Chair and the Director).

Department means the Department administered by the Arts Minister.

Deputy Board Chair means the Deputy Chair of the Board.

Director means the Director appointed under section 39.

OPH (short for Old Parliament House) means Old Parliament House established by section 8.

7  Responsible Minister

                   For paragraph 87(n) of the Act, the Arts Minister is responsible for OPH.

Part 2Old Parliament House

  

8  Establishment of Old Parliament House

             (1)  Old Parliament House (OPH) is established by this section.

             (2)  OPH may also be known by a name specified in a written instrument made by the Arts Minister.

             (3)  OPH:

                     (a)  is a body corporate; and

                     (b)  must have a seal; and

                     (c)  may sue and be sued.

             (4)  OPH’s seal is to be kept in such custody as the Board directs and must not be used except as authorised by the Board.

9  OPH’s functions

                   OPH has the following functions:

                     (a)  to conserve, develop and present the Old Parliament House building and collections;

                     (b)  to provide public programs and research activities related to Australia’s social and parliamentary history;

                     (c)  to provide a range of other services for visitors to Old Parliament House;

                     (d)  to undertake other relevant tasks as the Arts Minister may require from time to time;

                     (e)  such other functions as are conferred on OPH by this instrument or by any other law of the Commonwealth;

                      (f)  to do anything incidental to or conducive to the performance of any of the above functions.

10  OPH’s powers

             (1)  OPH has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  OPH’s powers include the following powers:

                     (a)  the power to enter into contracts;

                     (b)  the power to purchase or take on hire, to commission or produce, or to accept (as a gift or on deposit or loan) objects or related material;

                     (c)  the power to make available (whether by hire, loan or otherwise) objects or related material;

                     (d)  the power to provide financial assistance to persons (whether by way of loan, grant, award or otherwise and whether on commercial terms or otherwise);

                     (e)  the power to accept gifts, devises, bequests and assignments (whether on trust or otherwise);

                      (f)  the power to act as trustee of money or other property vested in OPH on trust;

                     (g)  the power to do anything incidental to any of its functions.

11  Arts Minister may give directions to OPH

             (1)  The Arts Minister may give written directions to OPH:

                     (a)  relating to the performance of its functions or the exercise of its powers; or

                     (b)  requiring the provision of a report or advice on a matter that relates to any of OPH’s functions or powers.

             (2)  A direction given under subsection (1):

                     (a)  must not relate to a particular individual; and

                     (b)  must not be inconsistent with:

                              (i)  the Act; or

                             (ii)  this instrument; or

                            (iii)  any other instrument made under the Act.

             (3)  OPH must comply with a direction given under subsection (1).

             (4)  This section does not affect the application of section 22 of the Act (which deals with the application of government policy to corporate Commonwealth entities) in relation to OPH.

12  OPH does not have privileges and immunities of the Crown

                   OPH does not have the privileges and immunities of the Crown in right of the Commonwealth.

Part 3The Board

Division 1Establishment, functions and powers etc.

13  Establishment of the Board

                   The Board of OPH is established by this section.

Note:          The Board is the accountable authority of OPH; see subsection 12(2) of the Act.

14  Functions of the Board

                   The functions of the Board are:

                     (a)  to decide the objectives, strategies and policies to be followed by OPH; and

                     (b)  to ensure the proper and efficient performance of OPH’s functions.

15  Minister may give the Board a statement setting out strategic guidance for OPH

             (1)  The Minister may give the Board a written statement setting out strategic guidance for OPH.

             (2)  A statement given under subsection (1):

                     (a)  must be of a general nature only; and

                     (b)  must not relate to a particular individual; and

                     (c)  must not be inconsistent with:

                              (i)  the Act; or

                             (ii)  this instrument; or

                            (iii)  any other instrument made under the Act.

             (3)  In performing its functions or exercising its powers, the Board must have regard to a statement given under subsection (1).

16  Powers of the Board

             (1)  The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

             (2)  Anything done in the name of, or on behalf of, OPH by the Board, or with the authority of the Board, is taken to have been done by OPH.

17  Delegation by the Board

             (1)  The Board may, in writing, delegate any or all of its powers or functions under this instrument to a member of the Board.

Note:          The Director is a member of the Board.

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

Division 2Board members

18  Membership

                   The Board consists of the following members:

                     (a)  the Board Chair;

                     (b)  the Deputy Board Chair;

                     (c)  the Director;

                     (d)  not more than 4 other members.

19  Appointment of Board members

             (1)  The Arts Minister may, by written instrument, appoint a person as a Board member (other than the Director) on a part‑time basis.

Note:          For the appointment of the Director, see section 39.

             (2)  However, a person must not be appointed as a Board member unless the Arts Minister is satisfied that the person has knowledge or experience relevant to OPH’s affairs.

             (3)  A person must not be appointed as a Board member for a period if the sum of the following exceeds 9 years:

                     (a)  that period;

                     (b)  any periods of previous appointment of the person as a Board member.

             (4)  The Arts Minister must appoint one of the Board members to be the Board Chair and another Board member to be the Deputy Board Chair.

20  Term of appointment

                   A Board member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

Note:          For reappointment, see section 33AA of the Acts Interpretation Act 1901 (as that section applies because of paragraph 13(1)(a) of the Legislation Act 2003).

21  Acting Board Chair

             (1)  The Arts Minister may, by written instrument, appoint a Board member to act as the Board Chair:

                     (a)  during a vacancy in the office of Board Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period when the Board Chair:

                              (i)  is absent from duty; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (as those sections apply because of paragraph 13(1)(a) of the Legislation Act 2003).

             (2)  A person must not be appointed to act as the Board Chair for more than 6 months.

22  Acting Board members

             (1)  The Arts Minister may, by written instrument, appoint a person to act as a Board member other than the Board Chair:

                     (a)  during a vacancy in the office of a Board member (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when a Board member:

                              (i)  is acting as the Board Chair; or

                             (ii)  is absent from duty; or

                            (iii)  is, for any reason, unable to perform the duties of the office of Board member.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (as those sections apply because of paragraph 13(1)(a) of the Legislation Act 2003).

             (2)  A person must not be appointed to act as a Board member other than the Board Chair for more than 6 months.

             (3)  A person is not eligible for appointment to act as a Board member unless the person is eligible for appointment as a Board member under subsection 19(2).

23  Remuneration of Board members

             (1)  A Board member (other than the Director) 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 member is to be paid the remuneration that is prescribed under subsection (4).

Note:          For the Director’s remuneration, see section 43.

             (2)  A Board member (other than the Director) is to be paid the allowances that are prescribed under subsection (4).

Note:          For allowances payable to the Director, see section 43.

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

             (4)  The Arts Minister may, by legislative instrument, prescribe:

                     (a)  remuneration for the purposes of subsection (1); and

                     (b)  allowances for the purposes of subsection (2).

24  Leave for Board members

Board Chair

             (1)  The Arts Minister may grant leave of absence to the Board Chair on the terms and conditions that the Arts Minister determines.

Other Board members

             (2)  The Board Chair may grant leave of absence to another Board member (other than the Director) on the terms and conditions that the Board Chair determines.

             (3)  The Board Chair must notify the Arts Minister if the Board Chair grants another Board member leave of absence for a period that exceeds 3 months.

25  Restrictions on outside employment

Board Chair

             (1)  The Board Chair must not engage in any paid employment that, in the Arts Minister’s opinion, conflicts or may conflict with the proper performance of his or her duties.

Other Board members

             (2)  A Board member (other than the Board Chair and the Director) must not engage in any paid employment that, in the Board Chair’s opinion, conflicts or may conflict with the proper performance of his or her duties.

26  Resignation of Board members

             (1)  A Board member (other than the Director) may resign his or her appointment by giving the Arts Minister a written resignation.

Note:          For the resignation of the Director, see section 45.

             (2)  The Board Chair may resign his or her appointment as the Board Chair without resigning his or her appointment as a Board member.

             (3)  The Deputy Board Chair may resign his or her appointment as the Deputy Board Chair without resigning his or her appointment as a Board member.

             (4)  The resignation takes effect on the day it is received by the Arts Minister or, if a later day is specified in the resignation, on that later day.

27  Termination of appointments of Board members

             (1)  The Arts Minister may terminate the appointment of a Board member (other than the Director):

                     (a)  for misbehaviour; or

                     (b)  if the member is unable to perform the duties of his or her office because of physical or mental incapacity; or

                     (c)  if the member fails, without reasonable excuse, to comply with section 29 of the Act or Subdivision B of Division 2 of Part 2‑2 of the Public Governance, Performance and Accountability Rule 2014 (which both deal with disclosure of material personal interests); or

                     (d)  if, in the case of the Board Chair, he or she engages in paid employment that, in the Arts Minister’s opinion, conflicts or may conflict with the proper performance of the duties of his or her office (see subsection 25(1)); or

                     (e)  if, in the case of a Board member other than the Board Chair, he or she engages in paid employment that, in the Board Chair’s opinion, conflicts or may conflict with the proper performance of the duties of his or her office (see subsection 25(2)); or

                      (f)  if the Arts Minister is satisfied that the performance of the member has been unsatisfactory for a significant period.

Note:          For termination of the Director’s appointment, see section 46.

             (2)  The Arts Minister must terminate the appointment of a Board member (other than the Director) if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with one or more of his or her creditors; or

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

                     (b)  he or she is absent, except on leave of absence, from 3 consecutive meetings of the Board.

28  Other terms and conditions of Board members

                   A Board member holds office on the terms and conditions (if any) in relation to matters not covered by this instrument that are determined by the Arts Minister.

Division 3Procedures of the Board

29  Convening of meetings

             (1)  The Board Chair must convene such meetings of the Board as are, in his or her opinion, necessary for the efficient conduct of its affairs.

             (2)  The Board Chair must convene at least 2 meetings of the Board each calendar year.

             (3)  The Board Chair must convene a meeting of the Board if directed to do so by the Arts Minister.

             (4)  On receipt of a written request signed by a majority of the Board members, the Board Chair must convene a meeting of the Board.

30  Quorum

             (1)  At a meeting of the Board, a quorum is constituted by a majority of the Board members for the time being holding office.

             (2)  However, if:

                     (a)  a Board member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and

                     (b)  when the Board member leaves the meeting concerned there is no longer a quorum present;

the Board members remaining at the meeting constitute a quorum for the purposes of any consideration of, or vote on, the matter at the meeting.

31  Presiding at meetings

             (1)  The Board Chair must preside at all meetings of the Board at which he or she is present.

             (2)  If the Chair is not present at a meeting of the Board, the Deputy Chair, if present, must preside at the meeting.

             (3)  If neither the Chair nor the Deputy Chair is present at a meeting of the Board, the Board members present must elect one of their number to preside at the meeting.

32  Voting at meetings

             (1)  At a meeting of the Board, a question is decided by a majority of the votes of Board members present and voting.

             (2)  The Board member presiding at the meeting has:

                     (a)  a deliberative vote; and

                     (b)  in the event of an equality of votes, a casting vote.

33  Minutes

                   The Board must keep minutes of its meetings.

34  Conduct of meetings

                   Subject to the Act, the Board may regulate the conduct of its meetings as it thinks fit.

Note:          Section 33B of the Acts Interpretation Act 1901 (as that section applies because of paragraph 13(1)(a) of the Legislation Act 2003) contains further provisions about the ways in which Board members may participate in meetings.

35  Decisions without meetings

             (1)  The Board is taken to have made a decision at a meeting if:

                     (a)  without meeting, a majority of the Board members entitled to vote on the proposed decision indicate agreement with the decision; and

                     (b)  that agreement is indicated in accordance with the method determined by the Board under subsection (2); and

                     (c)  all the Board members were informed of the proposed decision, or reasonable efforts were made to inform all the Board members of the proposed decision.

             (2)  Subsection (1) does not apply unless the Board:

                     (a)  has determined that it may make decisions of that kind without meeting; and

                     (b)  has determined the method by which Board members are to indicate agreement with proposed decisions.

             (3)  For paragraph (1)(a), a Board member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the proposal had been considered at a meeting of the Board.

             (4)  The Board must keep a record of decisions made in accordance with this section.

Part 4The Director

  

36  Director

                   There is to be a Director of OPH.

37  Role

             (1)  The Director is responsible for the day‑to‑day administration of OPH.

             (2)  The Director has power to do all things necessary or convenient to be done for or in connection with the performance of his or her duties.

38  Director to act in accordance with Board policies and directions

             (1)  The Board may give written directions to the Director about the performance of the Director’s role.

             (2)  The Director is to act in accordance with any policies determined, and any directions given, by the Board.

             (3)  Subsection (2) does not apply to the extent that a direction relates to the Director’s performance of functions or exercise of powers under the Public Service Act 1999.

39  Appointment of the Director

             (1)  The Director is to be appointed:

                     (a)  in the case of the first appointment of the Director—by the Arts Minister; or

                     (b)  otherwise—by the Board.

             (2)  However, the Board must not appoint a person as the Director unless the Arts Minister agrees in writing to the appointment.

             (3)  An appointment is to be made by written instrument.

             (4)  The Director may be appointed on a full‑time basis or part‑time basis.

             (5)  The Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Note:          For reappointment, see section 33AA of the Acts Interpretation Act 1901 (as that section applies because of paragraph 13(1)(a) of the Legislation Act 2003).

40  Acting Director

                   The Board may, by written instrument, appoint a person to act as the Director:

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

                     (b)  during any period, or during all periods, when the Director:

                              (i)  is absent from duty; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Note:          For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (as those sections apply because of paragraph 13(1)(a) of the Legislation Act 2003).

41  Outside employment

Full‑time Director

             (1)  If the Director is appointed on a full‑time basis, the Director must not engage in paid employment outside the duties of the Director’s office without the Board Chair’s approval.

             (2)  The Board Chair must notify the Arts Minister of any approval given under subsection (1).

Part‑time Director

             (3)  If the Director is appointed on a part‑time basis, the Director must not engage in any paid employment that, in the Board Chair’s opinion, conflicts or may conflict with the proper performance of his or her duties.

42  Disclosure of interests

             (1)  A disclosure by the Director under section 29 of the Act (which deals with the duty to disclose interests) must be made to the Arts Minister and the Board.

             (2)  Subsection (1) applies in addition to any rules made for the purposes of that section.

             (3)  For the purposes of the Act, the Director is taken not to have complied with section 29 of the Act if the Director does not comply with subsection (1) of this section.

43  Remuneration

             (1)  The Director 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 Director is to be paid the remuneration that is prescribed under subsection (4).

             (2)  The Director is to be paid the allowances that are prescribed under subsection (4).

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

             (4)  The Arts Minister may, by legislative instrument, prescribe:

                     (a)  remuneration for the purposes of subsection (1); and

                     (b)  allowances for the purposes of subsection (2).

44  Leave

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

             (2)  The Board Chair may grant the Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board Chair determines.

45  Resignation

             (1)  The Director may resign his or her appointment by giving the Board Chair a written resignation.

             (2)  If the Director resigns:

                     (a)  he or she is also taken to resign his or her position as a Board member; and

                     (b)  the Board Chair must notify the Arts Minister of the resignation.

             (3)  The resignation takes effect on the day it is received by the Board Chair or, if a later day is specified in the resignation, on that later day.

46  Termination of appointment of the Director

             (1)  The Board may terminate the appointment of the Director:

                     (a)  for misbehaviour; or

                     (b)  if the Director is unable to perform the duties of his or her office because of physical or mental incapacity; or

                     (c)  if the Director fails, without reasonable excuse, to comply with section 29 of the Act or section 16 of the Public Governance, Performance and Accountability Rule 2014 (which both deal with disclosure of material personal interests); or

                     (d)  if the Director is appointed on a full‑time basis—if the Director engages, except with the Board Chair’s approval, in paid employment outside the duties of his or her office (see subsection 41(1)); or

                     (e)  if the Director is appointed on a part‑time basis—if the Director engages in paid employment that, in the Board Chair’s opinion, conflicts or may conflict with the proper performance of the duties of his or her office (see subsection 41(3)); or

                      (f)  if the Board is satisfied that the performance of the Director has been unsatisfactory for a significant period.

             (2)  The Board must terminate the appointment of the Director if:

                     (a)  the Director:

                              (i)  becomes bankrupt; or

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

                            (iii)  compounds with one or more of his or her creditors; or

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

                     (b)  if the Director is appointed on a full‑time basis—the Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (c)  the Director is absent, except on leave of absence, from 3 consecutive meetings of the Board.

             (3)  However, the Board must not terminate the appointment of the Director under this section unless the Arts Minister agrees in writing to the termination.

47  Other terms and conditions of the Director

                   The Director holds office on the terms and conditions (if any) in relation to matters not covered by this instrument that are determined by the Board.

Part 5Staff and consultants

  

48  Staff of OPH etc.

Staff of OPH

             (1)  The staff of OPH must be persons engaged under the Public Service Act 1999.

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

                     (a)  the Director and the staff of OPH constitute a Statutory Agency; and

                     (b)  the Director is the Head of that Statutory Agency.

49  Consultants

             (1)  OPH may engage consultants to assist in the performance of its functions and the exercise of its powers.

             (2)  A consultant is to be engaged on the terms and conditions that the Director determines in writing.

Part 6Finance

  

50  Taxation

                   OPH is not subject to taxation under a law of the Commonwealth or of a State or Territory.

Note:          However, OPH may be subject to taxation under certain laws (see, for example, section 177‑5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986).

Part 7Transitional

Division 1Preliminary

51  Definitions

Note:          For other relevant definitions, see section 6.

                   In this Part:

APS employee has the same meaning as in the Public Service Act 1999.

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; or

                     (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.

exempt matter: see section 62.

instrument incudes:

                     (a)  an agreement or undertaking; and

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

                     (c)  an instrument made under an Act or regulations;

but does not include this instrument or any certificate or other instrument made under this instrument.

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.

Old Parliament House means the entity referred to in clause 19 of Schedule 1 to the Public Governance, Performance and Accountability Rule 2014, immediately before the transfer day.

Note:          Before the transfer day, Old Parliament House was a listed non‑corporate Commonwealth entity under that clause.

transfer day means 1 July 2016.

Division 2Transfer of assets and liabilities of Old Parliament House

52  Old Parliament House assets and liabilities

             (1)  On the transfer day, the assets and liabilities of Old Parliament House cease to be assets and liabilities of Old Parliament House and become assets and liabilities of OPH, without any conveyance, transfer or assignment. OPH becomes the successor in law in relation to those assets and liabilities.

Note:          Any liability, such as any actual, contingent or prospective liability to pay a Commonwealth tax, that arises contemporaneously with the transfer of assets and liabilities on the transfer day would (in addition to liabilities that have already arisen before transfer day) be transferred to OPH under this section.

             (2)  On the transfer day, the assets and liabilities that Old Parliament House held on behalf of the Commonwealth cease to be assets and liabilities of the Commonwealth and become assets and liabilities of OPH, without any conveyance, transfer or assignment. OPH becomes the successor in law in relation to those assets and liabilities.

53  Transfer of custody of records or documents of Old Parliament House

             (1)  This section applies to a record or document that, immediately before the transfer day, was in the custody of Old Parliament House.

             (2)  If the record or document relates to an asset or liability that, because of section 52, becomes an asset or liability of OPH, then the record or document is to be transferred into the custody of OPH on or after the transfer day.

54  Certificates relating to vesting of land

             (1)  This section applies if:

                     (a)  any land vests in OPH under this Part; and

                     (b)  there is lodged with a land registration official a certificate that:

                              (i)  is signed by the Arts Minister; and

                             (ii)  identifies the land, whether by reference to a map or otherwise; and

                            (iii)  states that the land has become vested in OPH under this Part.

             (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.

55  Certificates for vesting of assets other than land

             (1)  This section applies if:

                     (a)  an asset other than land vests in OPH under this Part; and

                     (b)  there is lodged with an assets official a certificate that:

                              (i)  is signed by the Arts Minister; and

                             (ii)  identifies the asset; and

                            (iii)  states that the asset has become vested in OPH under this Part.

             (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 in relation to assets of that kind as are necessary, having regard to the effect of this Part.

Division 3Transfer of other matters relating to Old Parliament House

56  Acts of Old Parliament House to be attributed to OPH

                   Anything done by, or in relation to, Old Parliament House before the transfer day has effect, on and after that day, as if it had been done by, or in relation to, OPH.

57  Legal proceedings of Old Parliament House

             (1)  This section applies to any proceedings:

                     (a)  that were pending in any court or tribunal immediately before the transfer day; and

                     (b)  to which Old Parliament House was a party.

             (2)  On and after the transfer day, OPH is substituted for Old Parliament House as a party to the proceedings.

             (3)  Without limiting subsections (1) and (2) and despite regulation 5.15 of the Patents Regulations 1991, OPH is substituted for Old Parliament House as an opponent in opposition proceedings before the Commissioner of Patents.

58  References in instruments to Old Parliament House

             (1)  This section applies to an instrument that:

                     (a)  is in force immediately before the transfer day; and

                     (b)  contains a reference to Old Parliament House.

             (2)  If the instrument relates to an asset or liability that, because of section 52, becomes an asset or liability of OPH, then the reference to Old Parliament House has effect, at and after the transfer day, as if it were a reference to OPH.

             (3)  This section does not, by implication, prevent the instrument from being varied or terminated on or after the transfer day.

Division 4Staffing matters

59  Director of Old Parliament House

                   The Director of Old Parliament House immediately before the transfer day is taken to have been appointed as the Director of OPH under section 39 for the period:

                     (a)  beginning on 1 July 2016; and

                     (b)  ending on the earlier of:

                              (i)  the day that a person is appointed as the Director under section 39 in accordance with an appointment process carried out after the transfer day; or

                             (ii)  1 April 2018.

60  Advisory Council members of Old Parliament House

             (1)  A person who was appointed as an Advisory Council member of Old Parliament House immediately before the transfer day is taken to have been appointed as a Board member of OPH under section 19 for the period:

                     (a)  beginning on 1 July 2016; and

                     (b)  ending on the earliest of the following:

                              (i)  the day that the person is appointed as a Board member under section 19 after the transfer day;

                             (ii)  the day that another person is appointed as a Board member under section 19 in replacement of the person after the transfer day;

                            (iii)  31 December 2016.

             (2)  The person who held the position of Chair of the Advisory Council immediately before the transfer day is taken to have been appointed as the Board Chair for the period that applies in respect of the person under subsection (1).

             (3)  The person who held the position of Deputy Chair of the Advisory Council immediately before the transfer day is taken to have been appointed as the Deputy Chair of the Board for the period that applies in respect of the person under subsection (1).

61  Staff of Old Parliament House

                   A person who was engaged by Old Parliament House as an APS employee immediately before the transfer day, continues to be an APS employee engaged by OPH on and after the transfer day.

Note:          See also section 48.

Division 5Other matters

62  Exemption from stamp duty and other State or Territory taxes

             (1)  No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.

             (2)  An exempt matter is:

                     (a)  the vesting of an asset or liability under this Part; or

                     (b)  the operation of this instrument in any other respect.

             (3)  The Arts Minister may certify in writing:

                     (a)  that a specified matter is an exempt matter; or

                     (b)  that a specified thing was connected with a specified exempt matter.

63  Certificates taken to be authentic

                   A document that appears to be a certificate made or issued under section 54, 55 or 62:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.

64  Compensation for acquisition of property

             (1)  If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), 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.


Schedule 1Amendments

  

Public Governance, Performance and Accountability Rule 2014

1  Section 30 (after table item 17)

Insert:

 

17A

Old Parliament House

2  Clause 19 of Schedule 1

Repeal the clause.