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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Heritage Council (Consequential and Transitional Provisions) Bill
2002
No. ,
2002
(Environment and
Heritage)
A Bill for an Act to repeal and
amend certain Acts as a consequence of the enactment of the Australian
Heritage Council Act 2002, and for related purposes
Contents
Australian Heritage Commission Act
1975 3
Environment Protection and Biodiversity Conservation Act
1999 3
Income Tax Assessment Act
1936 3
Income Tax Assessment Act
1997 3
Regional Forest Agreements Act
2002 4
Resource Assessment Commission Act
1989 4
Telecommunications Act
1997 4
A Bill for an Act to repeal and amend certain Acts as a
consequence of the enactment of the Australian Heritage Council Act 2002,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Heritage Council
(Consequential and Transitional Provisions) Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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. Schedules 1 and 2 |
At the same time as Schedule 1 to the Environment and Heritage
Legislation Amendment Act (No. 1) 2002 commences |
|
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 is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Australian Heritage
Commission Act 1975
1 The whole of the Act
Repeal the Act.
Environment Protection and
Biodiversity Conservation Act 1999
2 Subsection 9(3)
Repeal the subsection.
Income Tax Assessment Act
1936
3 Paragraphs 78(8)(l) and
(m)
After “Australian Heritage Commission Act 1975”, insert
“as in force when the gift was made”.
Income Tax Assessment Act
1997
4 Section 30-15 (cell at table item 6,
column headed “Type of gift or contribution”)
Repeal the cell, substitute:
|
|
A gift of a place included in the National Heritage List, or the
Commonwealth Heritage List, under the Environment Protection and Biodiversity
Conservation Act 1999. |
|
5 Application of amendment of
section 30-15
The amendment of section 30-15 of the Income Tax Assessment Act
1997 applies to gifts made after the commencement of Divisions 1A and
3A of Part 15 of the Environment Protection and Biodiversity
Conservation Act 1999.
6 Subsection 995-1(1) (definition of Heritage
Secretary)
Omit “Australian Heritage Commission Act 1975”,
substitute “Environment Protection and Biodiversity Conservation Act
1999”.
Regional Forest Agreements
Act 2002
7 Subsection 6(3)
Repeal the subsection.
Resource Assessment
Commission Act 1989
8 Paragraph 14(b)
Omit “the Australian Heritage Commission,”.
9 At the end of paragraph
14(b)
Add “and”.
10 After paragraph 14(b)
Insert:
(c) the Secretary of the Department that administers the Environment
Protection and Biodiversity Conservation Act 1999;
11 Section 31
Repeal the section, substitute:
If a matter relating to heritage values of a place (within the meaning of
the Environment Protection and Biodiversity Conservation Act 1999) is
relevant to an inquiry:
(a) the Secretary of the Department that administers that Act;
or
(b) an employee in that Department authorised in writing by the Secretary
for the purposes of this section;
must give evidence about the matter to the inquiry.
12 Subparagraphs 27(7)(d)(i) and (ii) of
Schedule 3
Repeal the subparagraphs, substitute:
(i) included in the National Heritage List, or Commonwealth Heritage List,
within the meaning of the Environment Protection and Biodiversity
Conservation Act 1999; or
13 Subclause 28(4) of
Schedule 3
Repeal the subclause.
1 Meaning of Australian Heritage
Commission
In this Schedule:
Australian Heritage Commission means the body established by
section 6 of the Australian Heritage Commission Act 1975 as in force
immediately before this Schedule commences.
2 References to the Australian Heritage
Commission
(1) After this Schedule commences, a reference in an instrument to the
Australian Heritage Commission is taken to be a reference to the
Commonwealth.
(2) This item does not modify any register kept by a land registration
official under a law of a State or Territory.
(3) In this item:
instrument includes a will or other testamentary
instrument.
3 Assets and liabilities of the Australian
Heritage Commission
(1) When this Schedule commences, any rights, property or assets that,
immediately before that time, were vested in the Australian Heritage Commission
are vested in the Commonwealth.
(2) When this Schedule commences, the Commonwealth becomes liable to pay
and discharge any debts, liabilities or obligations of the Australian Heritage
Commission that existed immediately before that time.
4 Registration of transfers of
land
(1) This item applies if:
(a) any right, title or interest in particular land vests in the
Commonwealth under item 3; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Minister; and
(ii) identifies the land; and
(iii) states that the right, title or interest has become vested in the
Commonwealth under item 3.
(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.
(3) A document that appears to be a certificate under subitem (1) is
to be taken to be such a certificate, and to have been properly given, unless
the contrary is established.
(4) In this item:
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.
5 Certificates concerning assets other than
land
(1) This item applies if:
(a) an asset other than land vests in the Commonwealth under item 3;
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
item 3.
(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 concerning assets of that kind;
and
(b) make such entries in the register as are necessary having regard to
the effect of this Schedule.
(3) A document that appears to be a certificate under subitem (1) is
to be taken to be such a certificate, and to have been properly given, unless
the contrary is established.
(4) In this item:
assets official 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.
6 Lands Acquisition Act does not apply to this
Schedule
The Lands Acquisition Act 1989 does not apply in relation to
anything done under this Schedule.
7 Exemption from stamp duty and other
taxes
Stamp duty or other tax is not payable under a law of a State or Territory
in respect of:
(a) the transfer of an asset or liability under this Schedule;
or
(b) anything done (including a transaction entered into or an instrument
or document made, executed, lodged or given) because of such a transfer, or for
a purpose connected with or arising out of such a transfer.
8 Pending proceedings
If proceedings to which the Australian Heritage Commission is a party are
pending in any court immediately before this Schedule commences, the
Commonwealth is substituted for the Australian Heritage Commission, when this
Schedule commences, as a party to the proceedings.
9 Final report on operations of the Australian
Heritage Commission
The first report under section 516 of the Environment Protection
and Biodiversity Conservation Act 1999 given after this Schedule commences
must include a report on the operations of the Australian Heritage Commission
during the period:
(a) starting on the last 1 July before this Schedule commences;
and
(b) ending when this Schedule commences.
10 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.
(2) In particular, the regulations may prescribe arrangements to deal with
any issues of a transitional nature that may arise as a result of the repeal by
this Act of the Australian Heritage Commission Act 1975.