ASBESTOS-RELATED CLAIMS (MANAGEMENT OF COMMONWEALTH LIABILITIES) (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2005

2004-2005

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Asbestos-related Claims (Management of

Commonwealth Liabilities)

(Consequential and Transitional

Provisions) Bill 2005

No. , 2005

(Employment and Workplace Relations)

A Bill for an Act to provide for consequential and

transitional matters relating to the enactment of the

Asbestos-related Claims (Management of

Commonwealth Liabilities) Act 2005 and the repeal

of certain stevedoring legislation, and for related

purposes

i Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005

Contents

Short title.......................................................................................1

Commencement .............................................................................2

Schedule(s)....................................................................................2

Transfer of liabilities from Stevedoring Industry Finance

Committee to Commonwealth ........................................................3

Compensation for acquisition of property........................................3

Regulations....................................................................................3

Schedule 1--Amendment of the Safety, Rehabilitation and

Compensation Act 1988

Safety, Rehabilitation and Compensation Act 1988

Schedule 2--Repeal of certain stevedoring legislation

Stevedoring Industry Finance Committee Act 1977

Stevedoring Industry Levy Act 1977

Stevedoring Industry Levy Collection Act 1977

Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005 1

A Bill for an Act to provide for consequential and

transitional matters relating to the enactment of the

Asbestos-related Claims (Management of

Commonwealth Liabilities) Act 2005 and the repeal

of certain stevedoring legislation, and for related

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Asbestos-related Claims

(Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Act 2005.

2 Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005

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.

2. Section 4

Immediately after the commencement of

Part 2 of the Asbestos-related Claims

(Management of Commonwealth Liabilities)

Act 2005.

3. Sections 5 and

The day on which this Act receives the

Royal Assent.

4. Schedule 1

At the same time as Part 2 of the

Asbestos-related Claims (Management of

Commonwealth Liabilities) Act 2005

commences.

5. Schedule 2

Immediately after the commencement of

section 4 of this Act.

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.

Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005 3

4 Transfer of liabilities from Stevedoring Industry Finance

Committee to Commonwealth

On the commencement of this section:

(a) a liability of any kind (whether actual, potential or

contingent) of the Stevedoring Industry Finance Committee

established by section 4 of the Stevedoring Industry Finance

Committee Act 1977 ceases to be a liability of the Committee

and becomes a liability of the Commonwealth; and

(b) the Commonwealth becomes the successor in law in relation

to the liability.

5 Compensation for acquisition of property

(1) If the operation of this Act 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.

(3) The Consolidated Revenue Fund is appropriated for the purposes

of this section.

(4) In this section:

acquisition of property has the same meaning as in paragraph

51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

6 Regulations

(1) 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.

4 Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005

(2) In particular, regulations may be made prescribing matters of a

transitional nature (including prescribing any saving or application

provisions) relating to:

(a) the enactment of the Asbestos-related Claims (Management

of Commonwealth Liabilities) Act 2005; or

(b) the enactment of this Act; or

Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 1

Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005 5

Schedule 1--Amendment of the Safety,

Rehabilitation and Compensation Act

1988

Safety, Rehabilitation and Compensation Act 1988

1 At the end of section 69

Add:

Note:

Functions have also been conferred on Comcare by other Acts, such as

the Asbestos-related Claims (Management of Commonwealth

Liabilities) Act 2005 and the Occupational Health and Safety

(Commonwealth Employment) Act 1991.

2 Subsection 73A(1)

After "other Act", insert "(except the Asbestos-related Claims

(Management of Commonwealth Liabilities) Act 2005)".

3 At the end of section 73B

Add:

Note:

In certain circumstances Comcare requires the consent of the Minister

before delegating the function conferred on it by section 12 of the

Asbestos-related Claims (Management of Commonwealth Liabilities)

Act 2005 or a power to do anything in connection with the

performance of that function: see section 14 of that Act.

4 Subsection 91(1)

After "section 90D", insert "of this Act or section 8 of the

Asbestos-related Claims (Management of Commonwealth Liabilities)

Act 2005".

5 Paragraph 91(3)(a)

Omit "and under the Occupational Health and Safety (Commonwealth

Employment) Act 1991", substitute ", the Occupational Health and

Safety (Commonwealth Employment) Act 1991 or the Asbestos-related

Claims (Management of Commonwealth Liabilities) Act 2005".

Schedule 2 Repeal of certain stevedoring legislation

6 Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and

Transitional Provisions) Bill 2005 No. , 2005

Schedule 2--Repeal of certain stevedoring

legislation

1 Repeal of Acts

The Acts specified in this Schedule are repealed.

Stevedoring Industry Finance Committee Act 1977

Stevedoring Industry Levy Act 1977

Stevedoring Industry Levy Collection Act 1977

Commonwealth of Australia Bills

ASBESTOS-RELATED CLAIMS (MANAGEMENT OF COMMONWEALTH LIABILITIES) (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2005