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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australia Council (Consequential and
Transitional Provisions) Bill 2013
No. , 2013
(Regional Australia, Local Government, Arts and Sport)
A Bill for an Act to deal with consequential and
transitional matters in connection with the
Australia Council Act 2013, and for related
purposes
i Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Repeal
3
Australia Council Act 1975
3
Schedule 2--Transitional provisions
4
Part 1--Introduction
4
Part 2--The Council
5
Part 3--Effect of the Council transition
8
Part 4--Reporting obligations
9
Part 5--Miscellaneous
11
Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013 1
A Bill for an Act to deal with consequential and
1
transitional matters in connection with the
2
Australia Council Act 2013, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Australia Council (Consequential and
7
Transitional Provisions) Act 2013.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Australia Council (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
1
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 this Act receives the Royal Assent.
2. Schedule 1
At the same time as section 3 of the
Australia Council Act 2013 commences.
3. Schedule 2
The later of:
(a) the day this Act receives the Royal
Assent; and
(b) the day the Australia Council Act 2013
receives the Royal Assent.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Repeal Schedule 1
Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013
3
Schedule 1
--
Repeal
1
2
Australia Council Act 1975
3
1 The whole of the Act
4
Repeal the Act.
5
Schedule 2 Transitional provisions
Part 1 Introduction
4 Australia Council (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
Schedule 2
--
Transitional provisions
1
Part 1
--
Introduction
2
1 Definitions
3
In this Schedule:
4
asset means:
5
(a) any legal or equitable estate or interest in real or personal
6
property, whether actual, contingent or prospective; and
7
(b) any right, power, privilege or immunity, whether actual,
8
contingent or prospective.
9
continued Council means the Australia Council as continued in
10
existence after the transition time.
11
Note:
Section 7 of the new Act provides for the Australia Council to continue in existence.
12
Council transition means the transition from the old Council to the
13
continued Council.
14
instrument includes an Act and any instrument made under an Act.
15
liability means any liability, duty or obligation, whether actual,
16
contingent or prospective.
17
new Act means the Australia Council Act 2013.
18
new Board means the Board of the Australia Council established by
19
section 14 of the new Act.
20
old Act means the Australia Council Act 1975, including regulations
21
and other instruments made under that Act.
22
old Council means the Australia Council as established and in existence
23
before the transition time.
24
Note:
The Australia Council was established by section 4 of the old Act.
25
transition time means the commencement of section 3 of the new Act.
26
Transitional provisions Schedule 2
The Council Part 2
Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013
5
Part 2
--
The Council
1
2 Continuation of appointments of Chairperson and Deputy
2
Chairperson
3
Chairperson
4
(1)
Subitem (2) applies to the person who, immediately before the
5
transition time, holds office as the Chairperson of the old Council.
6
(2)
The instrument appointing the person to that office has effect, after the
7
transition time, as if it were an instrument made by the Minister under
8
section 17 of the new Act appointing the person, for the remainder of
9
the period of the person's appointment to that office, to the office of
10
Chair of the new Board.
11
(3)
A determination, in relation to the Chairperson of the old Council, that
12
is in force immediately before the transition time under the
13
Remuneration Tribunal Act 1973 has effect after the transition time as if
14
it were a determination in relation to the Chair of the new Board.
15
Deputy Chairperson
16
(4)
Subitem (5) applies to the person who, immediately before the
17
transition time, holds office as the Deputy Chairperson of the old
18
Council.
19
(5)
The instrument appointing the person to that office has effect, after the
20
transition time, as if it were an instrument made by the Minister under
21
section 17 of the new Act appointing the person, for the remainder of
22
the period of the person's appointment as a member of the old Council,
23
to the office of Deputy Chair of the new Board.
24
(6)
A determination, in relation to the Deputy Chairperson of the old
25
Council, that is in force immediately before the transition time under the
26
Remuneration Tribunal Act 1973 has effect after the transition time as if
27
it were a determination in relation to the Deputy Chair of the new
28
Board.
29
3 Continuation of appointment of General Manager
30
(1)
Subitem (2) applies to the person who, immediately before the
31
transition time:
32
Schedule 2 Transitional provisions
Part 2 The Council
6 Australia Council (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
(a) holds office as the General Manager of the old Council; or
1
(b) if no person holds office as referred to in paragraph (a)--is
2
acting as General Manager of the old Council.
3
(2)
The instrument appointing the person to that office, or to act in that
4
office, has effect, after the transition time, as if it were an instrument
5
made by the new Board under section 36 of the new Act appointing the
6
person to act as the Chief Executive Officer of the continued Council
7
until the new Board makes an appointment under section 35 or 36 of the
8
new Act.
9
(3)
A determination, in relation to the General Manager of the old Council,
10
that is in force immediately before the transition time under the
11
Remuneration Tribunal Act 1973 has effect after the transition time as if
12
it were a determination in relation to the Chief Executive Officer of the
13
continued Council.
14
(4)
A determination, in relation to the General Manager of the old Council,
15
that is in force immediately before the transition time under
16
subsection 19A(3) of the old Act has effect after the transition time as if
17
it were a determination under section 42 of the new Act in relation to
18
the Chief Executive Officer of the continued Council.
19
4 Appointments of other members and officers
20
(1)
This item applies to a person who, immediately before the transition
21
time, holds office as any of the following:
22
(a) a member of the old Council (other than the Chairperson, the
23
Deputy Chairperson or the General Manager);
24
(b) a member of a committee established under section 17A of
25
the old Act;
26
(c) a member of a Board established under section 20 of the old
27
Act.
28
(2)
The person ceases to hold that office at the transition time.
29
(3)
Nothing in this item prevents the person being appointed to an office
30
under the new Act.
31
Transitional provisions Schedule 2
The Council Part 2
Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013
7
5 Periods of appointment as member of old Council
1
The reference in paragraph 17(7)(b) of the new Act to periods of
2
previous appointment of a person as an appointed Board member is
3
taken to include any period, before the transition time, during which a
4
person held office as a member of the old Council (other than as a result
5
of subsection 9(4B) of the old Act).
6
6 Appointments of first members of new Board
7
Subsection 17(2) of the new Act applies, in relation to a proposed
8
appointment of a member of the new Board before the transition time in
9
accordance with section 4 of the Acts Interpretation Act 1901, as if the
10
first reference to the Chair in that subsection were a reference to the
11
Chairperson of the old Council.
12
Schedule 2 Transitional provisions
Part 3 Effect of the Council transition
8 Australia Council (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
Part 3
--
Effect of the Council transition
1
7 Object
2
(1)
The object of this Part is to avoid doubt about the effect of the Council
3
transition on certain matters.
4
(2)
This Part has effect subject to the other provisions of this Schedule.
5
8 Employees of old Council
6
(1)
The Council transition does not affect the continuity of the employment,
7
or the terms and conditions of employment, of the persons who,
8
immediately before the transition time, are engaged as employees as
9
referred to in section 41 of the old Act.
10
(2)
Those persons are taken, after the transition time, to be employees as
11
referred to in section 43 of the new Act.
12
9 Assets and liabilities of old Council
13
Assets and liabilities of the old Council immediately before the
14
transition time continue, after the transition time, to be assets and
15
liabilities of the continued Council (without any conveyance, transfer or
16
assignment).
17
10 References in instruments to old Council
18
A reference to the old Council in an instrument that is in force
19
immediately before the transition time has effect, after the transition
20
time, as a reference to the continued Council.
21
11 Effect of things done by, or in relation to, the old Council
22
A thing done by, or in relation to, the old Council before the transition
23
time has effect, after the transition time, as if it had been done by, or in
24
relation to, the continued Council.
25
12 Legal proceedings
26
If any proceedings to which the old Council is a party are pending in a
27
court or tribunal immediately before the transition time, the continued
28
Council is, after the transition time, that party to those proceedings.
29
Transitional provisions Schedule 2
Reporting obligations Part 4
Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013
9
Part 4
--
Reporting obligations
1
13 Final annual report of the old Council
2
(1)
The members of the new Board must prepare a report in accordance
3
with Schedule 1 to the Commonwealth Authorities and Companies Act
4
1997 for the old Council for the transitional reporting period.
5
(2)
However, the report need not cover a period that has already been
6
covered by a report given to the Minister by the members of the old
7
Council under section 9 of the Commonwealth Authorities and
8
Companies Act 1997.
9
(3)
The report must include the matters described in subsection 38(1) of the
10
old Act as in force immediately before the transition time.
11
(4)
Schedule 1 to the Commonwealth Authorities and Companies Act 1997,
12
and the Finance Minister's Orders referred to in that Schedule, apply in
13
relation to the report as if:
14
(a) references in that Schedule, or those Orders, to the directors
15
were references to the members of the new Board; and
16
(b) references in that Schedule, or those Orders, to an annual
17
report were references to the report; and
18
(c) references in that Schedule, or those Orders, to a financial
19
year were references to the transitional reporting period.
20
(5)
The members of the new Board must give the report to the Minister by
21
the 15th day of the fourth month after the end of the transitional
22
reporting period. The Minister may grant an extension of time in special
23
circumstances.
24
(6)
The Minister must table the report in each House of the Parliament as
25
soon as practicable.
26
(7)
In this item:
27
transitional reporting period means the period beginning at the start of
28
the financial year before the financial year in which the transition time
29
occurs and ending immediately before the transition time.
30
Schedule 2 Transitional provisions
Part 4 Reporting obligations
10 Australia Council (Consequential and Transitional Provisions) Bill 2013 No. ,
2013
14 Contravention of final annual reporting requirement
1
(1)
If a final annual reporting requirement is contravened, each member of
2
the new Board who:
3
(a) caused the contravention; or
4
(b) failed to take all reasonable steps to comply with the
5
requirement, or secure compliance with the requirement;
6
contravenes this subitem.
7
(2)
Schedule 2 to the Commonwealth Authorities and Companies Act 1997
8
applies in relation to a contravention of subitem (1) of this item as if:
9
(a) subitem (1) of this item were a civil penalty provision
10
specified in clause 1 of that Schedule; and
11
(b) subparagraphs 3(1)(b)(i) and (ii), clauses 4 and 5,
12
subclause 6(2) and paragraph 11(c) of that Schedule were
13
omitted; and
14
(c) the reference to "or a compensation order" in subclause 6(1)
15
were omitted.
16
(3)
If a contravention of a final annual reporting requirement consists of an
17
omission from the financial statements, it is a defence if the defendant
18
proves that the information omitted was immaterial and did not affect
19
the giving of a true and fair view of the matters required by the Finance
20
Minister's Orders to be included in the statements.
21
(4)
In this item:
22
final annual reporting requirement means subitem 13(1), (3) or (5) of
23
this Schedule.
24
15 First annual report of the continued Council
25
The first report prepared by the members of the new Board for the
26
continued Council in accordance with Schedule 1 to the Commonwealth
27
Authorities and Companies Act 1997 need not cover a period that has
28
already been covered by a report given to the Minister under item 13 of
29
this Schedule.
30
16 Review of performance in corporate plan
31
Paragraph 45(3)(g) of the new Act does not require a corporate plan to
32
include a review of performance during any period before the first
33
corporate plan comes into effect.
34
Transitional provisions Schedule 2
Miscellaneous Part 5
Australia Council (Consequential and Transitional Provisions) Bill 2013 No. , 2013
11
Part 5
--
Miscellaneous
1
17 Exemption from stamp duty and other State or Territory
2
taxes
3
(1)
No stamp duty or other tax is payable under a law of a State or a
4
Territory in respect of an exempt matter, or anything connected with an
5
exempt matter.
6
(2)
For the purpose of this item, an exempt matter is the operation of this
7
Schedule in any respect.
8
(3)
The Minister may certify in writing:
9
(a) that a specified matter is an exempt matter; or
10
(b) that a specified thing was connected with a specified exempt
11
matter.
12
(4)
In all courts, and for all purposes (other than for the purposes of
13
criminal proceedings), a certificate under subitem (3) is prima facie
14
evidence of the matters stated in the certificate.
15
(5)
A certificate made under subitem (3) is not a legislative instrument.
16
18 Rules
17
(1)
The Minister may, by legislative instrument, make rules prescribing
18
matters:
19
(a) required or permitted by this Act to be prescribed by the
20
rules; or
21
(b) necessary or convenient to be prescribed for carrying out or
22
giving effect to this Act.
23
(2)
The rules may prescribe matters of a transitional nature (including
24
prescribing any saving or application provisions) relating to:
25
(a) the repeals or amendments made by this Act; or
26
(b) the enactment of this Act or the Australia Council Act 2013.
27
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