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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
National
Measurement Amendment Bill 2003
No. ,
2003
(Industry, Tourism and
Resources)
A Bill for an Act to establish a
National Measurement Institute, make technical amendments of the National
Measurement Act 1960 and associated regulations, and for related
purposes
Contents
Part 1—Establishing the National Measurement Institute and the
position of Chief
Metrologist 4
National Measurement Act
1960 4
Part 2—Moving functions and powers of the National Standards
Commission to the Secretary and the Chief
Metrologist 8
National Measurement Act
1960 8
Part 3—Moving the metrological functions of CSIRO to the Chief
Metrologist 19
National Measurement Act
1960 19
Science and Industry Research Act
1949 19
Part 4—Transitional
provisions 20
National Measurement Act
1960 31
National Measurement Regulations
1999 32
A Bill for an Act to establish a National Measurement
Institute, make technical amendments of the National Measurement Act 1960
and associated regulations, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the National Measurement Amendment Act
2003.
(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.
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Commencement information |
||
|---|---|---|
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Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1, Parts 1, 2 and 3 |
A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months
beginning on the day on which this Act receives the Royal Assent, they commence
on the first day after the end of that period. |
|
|
3. Schedule 1, Part 4 |
The day on which this Act receives the Royal Assent. |
|
|
4. Schedule 2, item 1 |
Immediately after the commencement of the provision(s) covered by table
item 2. |
|
|
5. Schedule 2, items 2 and 3 |
The day on which this Act receives the Royal Assent. |
|
|
6. Schedule 2, item 4 |
Immediately after the commencement of the provision(s) covered by table
item 2. |
|
|
7. Schedule 2, item 5 |
The day on which this Act receives the Royal Assent. |
|
|
8. Schedule 3 |
The day on which this Act receives the Royal Assent. |
|
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.
(1) Each Act, and each regulation, 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.
(2) The amendment under subsection (1) of any regulation does not
prevent the regulation, as so amended, from being amended or repealed.
(3) To avoid doubt, regulations amended under subsection (1) are
taken to still be regulations.
This Act binds the Crown in each of its capacities.
Part 1—Establishing
the National Measurement Institute and the position of Chief
Metrologist
1 Part III
Repeal the Part, substitute:
Overview of Part
(1) A National Measurement Institute is established within the
Department.
(2) The Secretary has metrological functions of the Commonwealth, but may
delegate within the Department metrological functions and powers.
(3) The position of Chief Metrologist is established and the functions of
the Chief Metrologist identified.
There is to be a National Measurement Institute within the
Department.
(1) The Secretary has metrological functions of the
Commonwealth.
(2) Those functions include, but are not limited to, the
following:
(a) adopting the International System of Units, and developing and
adopting additional units of measurement for use in Australia;
(b) realising units of measurement through the development and maintenance
of standards of measurement, reference materials and reference
techniques;
(c) assisting industry, scientific organisations and government to develop
and utilise measurement techniques, including by technology transfer;
(d) promoting best practice in measurement in industry and the scientific
and wider community, including by training;
(e) providing measurement services to industry, scientific organisations
and government, including by:
(i) measuring physical, chemical and biological quantities; and
(ii) providing calibration services; and
(iii) examining and approving patterns for measuring
instruments;
(f) providing expertise in support of Australia’s measurement
standards and conformance infrastructure;
(g) promoting uniformity in national trade measurement policy and
practice, including through work with Commonwealth, State and Territory
agencies;
(h) facilitating international trade to the extent that it is affected by
measurement;
(i) fulfilling Australia’s international obligations with respect to
measurement;
(j) conducting research in support of the functions mentioned in
paragraphs (a) to (i).
(3) The fact that the Secretary has the functions mentioned in this
section does not limit the power of the Commonwealth to charge fees for things
done in performing those functions.
(1) There is to be a Chief Metrologist, who is to be engaged under the
Public Service Act 1999.
(2) The Chief Metrologist has the functions conferred on him or her under
this Act and the regulations.
(3) The fact that the Chief Metrologist has the functions conferred on him
or her under this Act and the regulations does not limit the power of the
Commonwealth to charge fees for things done in performing those
functions.
(1) The Secretary may appoint a person to act as the Chief
Metrologist:
(a) during a vacancy in the office of Chief Metrologist (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Metrologist
is absent from duty or from Australia, or is, for any reason, unable to perform
the duties of the office.
(2) Anything done by or in relation to a person purporting to act under an
appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
Note: For more information about acting appointments, see
section 33A of the Acts Interpretation Act 1901.
(1) The Secretary may delegate all or any of his or her functions or
powers under this Act or the regulations to:
(a) an SES employee or acting SES employee in the Department; or
(b) the Chief Metrologist; or
(c) an APS employee within the National Measurement Institute who has the
expertise appropriate to the function or power delegated.
(2) The delegation must be in writing.
(3) In exercising functions or powers under a delegation, the delegate
must comply with any directions of the Secretary.
(1) The Chief Metrologist may delegate all or any of his or her functions
or powers under this Act or the regulations to an APS employee within the
National Measurement Institute who has the expertise appropriate to the function
or power delegated.
(2) The delegation must be in writing.
(3) In exercising functions or powers under a delegation, the delegate
must comply with any directions of the Chief Metrologist.
2 Parts IV and V
Repeal the Parts.
Part 2—Moving
functions and powers of the National Standards Commission to the Secretary and
the Chief Metrologist
3 Subsection 3(1) (definition of Australian legal
unit of measurement)
Omit “the Commission” (wherever occurring), substitute
“the Chief Metrologist”.
4 Subsection 3(1)
Insert:
Chief Metrologist means the Chief Metrologist mentioned in
section 18A.
5 Subsection 3(1)
Insert:
Commonwealth authority means a body corporate established for
a public purpose by or under a law of the Commonwealth.
6 Subsection 3(1) (definition of recognized-value
standard of measurement)
Omit “the Commission”, substitute “the Chief
Metrologist”.
7 Subsection 3(1)
Insert:
Secretary means the Secretary of the Department.
8 Subsection 3(1)
Insert:
State or Territory officer means a person who, whether on a
full-time basis or a part-time basis and whether in a permanent capacity or
otherwise:
(a) is in the service or employment of a State or Territory or an
authority of a State or Territory; or
(b) holds or performs the duties of any office or position established by
or under a law of a State or Territory.
9 Subsection 3(1) (definition of State primary
standard of measurement)
Omit “the Commission”, substitute “the Chief
Metrologist”.
10 Subsection 3(1) (definition of the
Commission)
Repeal the definition.
11 Subsection 3(1) (definition of verifying
authority)
Repeal the definition, substitute:
verifying authority, in respect of the verification of
utility meters, means the Secretary or a person appointed under
section 18ZC or 18ZKA.
12 Subsection 7B(1)
Omit “The Commission”, substitute “The Chief
Metrologist”.
13 Subsection 7B(2)
Omit “the Commission”, substitute “the Chief
Metrologist”.
14 Subsections 8A(1) and (2)
Omit “The Commission”, substitute “The Chief
Metrologist”.
15 Subsection 18H(1) (definition of verification
mark)
Omit “the Commission”, substitute “the
Secretary”.
16 Subsection 18H(1) (definition of
verifier)
Omit “the Commission”, substitute “the
Secretary”.
17 Subparagraph 18U(a)(ii)
Omit “or”, substitute “and”.
18 Subparagraph 18U(a)(iii)
Repeal the subparagraph.
19 Section 18Z
Repeal the section, substitute:
Overview of Division
(1) This Division deals with verifiers.
(2) The Secretary is a verifying authority (see
section 18ZA).
(3) Other persons may apply for appointment as verifying authorities (see
section 18ZB).
(4) The Secretary appoints those verifying authorities subject to
conditions (see sections 18ZC and 18ZD).
(5) The Secretary may take disciplinary action against a verifying
authority appointed under section 18ZC that breaches a condition of its
appointment (see section 18ZJ).
(6) A verifying authority appointed under section 18ZC has a right to
appeal to the Administrative Appeals Tribunal in certain circumstances (see
section 18ZK).
(7) The Secretary may also appoint Government officials or bodies as
verifying authorities (see section 18ZKA). These appointments may be
subject to conditions.
(8) The Secretary allocates verification marks for use by verifiers (see
sections 18ZE and 18ZKB) and there is a register of those marks (see
section 18ZF).
20 Subsections 18ZA(1) and (2)
Omit “The Commission”, substitute “The
Secretary”.
Note: The heading to section 18ZA is replaced by the
heading “Secretary is a verifying
authority”.
21 Paragraphs 18ZB(2)(a) and
(b)
Omit “the Commission”, substitute “the
Secretary”.
22 Subsection 18ZC(1)
Omit “The Commission”, substitute “The
Secretary”.
Note: The heading to section 18ZC is altered by adding
at the end “following application for
appointment”.
23 Paragraph 18ZC(3)(b)
Omit “the Commission”, substitute “the
Secretary”.
24 Subsection 18ZC(4)
Omit “The Commission” (wherever occurring), substitute
“The Secretary”.
25 Subsection 18ZC(5)
Omit “the Commission”, substitute “the
Secretary”.
26 Section 18ZD
After “verifying authority” (first occurring), insert
“under section 18ZC”.
27 Paragraphs 18ZD(b), (e), (f) and
(g)
Omit “the Commission”, substitute “the
Secretary”.
28 Subsection 18ZE(1)
Omit all the words before paragraph (a), substitute:
When the Secretary appoints a verifying authority under
section 18ZC, the Secretary must allocate the following verification marks
for use by the authority, or its employees (if any), when verifying utility
meters:
Note: The heading to section 18ZE is replaced by the
heading “Secretary must allocate verification
marks”.
29 Subsection 18ZE(2)
Repeal the subsection, substitute:
(2) The Secretary must allocate a separate mark for use by each delegate
of the Secretary who verifies utility meters when the delegate undertakes the
verification of utility meters.
30 Section 18ZF
Repeal the section, substitute:
The Secretary must keep a register of verification marks allocated under
sections 18ZE and 18ZKB.
31 Section 18ZG
Repeal the section, substitute:
If the Secretary is of the opinion that there may be grounds for taking
disciplinary action under section 18ZJ against a verifying authority
appointed under section 18ZC because it is in breach of a condition of its
appointment, the Secretary must:
(a) give the authority written notice of the Secretary’s opinion
specifying the reasons for the opinion; and
(b) invite the authority to make a written submission to the Secretary
within 28 days.
32 Section 18ZH
Omit “The Commission”, substitute “The
Secretary”.
Note: The heading to section 18ZH is replaced by the
heading “Secretary may seek further
information”.
33 Section 18ZH
Omit “to give to it”, substitute “to give to the
Secretary”.
34 Section 18ZI
Omit “the Commission” (wherever occurring), substitute
“the Secretary”.
Note: The heading to section 18ZI is replaced by the
heading “Secretary must consider authority’s submission and
information in making a decision under
section 18ZJ”.
35 Subsection 18ZJ(1)
Omit “If the Commission is satisfied that a verifying authority has
breached a condition of its appointment, the Commission”, substitute
“If the Secretary is satisfied that a verifying authority appointed under
section 18ZC has breached a condition of its appointment, the
Secretary”.
36 Subsections 18ZJ(2), (3) and
(4)
Omit “the Commission”, substitute “the
Secretary”.
37 Subsection 18ZJ(4)
Omit “the Commission’s”, substitute “the
Secretary’s”.
38 Section 18ZK
Omit “the Commission”, substitute “the
Secretary”.
39 At the end of Division 4 of
Part VA
Add:
(1) The Secretary may, in writing, appoint one or more of the following
persons to be a verifying authority to verify utility meters:
(a) an APS employee (whether or not in the Department);
(b) a Commonwealth authority;
(c) an employee (whether or not an APS employee) of a Commonwealth
authority;
(d) the holder of an office established by or under a law of the
Commonwealth;
(e) a body corporate established for a public purpose by or under a law of
a State or Territory;
(f) a State or Territory officer.
(2) The Secretary may appoint a body or person mentioned in
paragraph (1)(e) or (f) only if the State or Territory concerned agrees to
the appointment.
(3) The appointment must specify:
(a) the class or classes of utility meters that the verifying authority
may verify under the appointment; and
(b) the period of the appointment.
(4) An appointment is subject to conditions that the Secretary
imposes.
(5) The Secretary may impose a condition at the time of making the
appointment or after the appointment is made.
When the Secretary appoints a verifying authority under
section 18ZKA, the Secretary must allocate the following verification marks
for use by the authority, or its employees (if any), when verifying utility
meters:
(a) if the authority will be personally undertaking the
verification—a mark for use by the authority; and
(b) if the authority will be employing persons to undertake the
verification—a separate mark for use by each employee.
40 Subsection 18ZM(1)
Repeal the subsection, substitute:
(1) The Secretary may, in writing, appoint one or more of the following
persons to be an authorised officer for the purposes of exercising the powers of
an authorised officer under this Part:
(a) an APS employee in the Department;
(b) an employee (whether or not an APS employee) of a Commonwealth
authority;
(c) the holder of an office established by or under a law of the
Commonwealth;
(d) a State or Territory officer.
(1A) The Secretary may appoint a person mentioned in paragraph (1)(d)
only if the State or Territory concerned agrees to the appointment.
41 Subsection 18ZM(2)
Omit “the Commission”, substitute “the
Secretary”.
42 Subsection 18ZN(1)
Omit “The Commission”, substitute “The
Secretary”.
43 Paragraph 18ZN(2)(c)
Omit “the Commission”, substitute “the
Secretary”.
44 Section 18ZW
Repeal the section, substitute:
(1) This section applies if:
(a) as a result of equipment being operated as mentioned in
section 18ZP:
(i) damage is caused to the equipment; or
(ii) the data recorded on the equipment is damaged; or
(iii) programs associated with the use of the equipment, or with the use
of the data, are damaged or corrupted; and
(b) the damage or corruption occurs because:
(i) insufficient care was exercised in selecting the person who was to
operate the equipment; or
(ii) insufficient care was exercised by the person operating the
equipment.
(2) The Commonwealth must pay the owner of the equipment, or the user of
the data or programs, such reasonable compensation for the damage or corruption
as the Commonwealth and the owner or user agree on.
(3) However, if the owner or user and the Commonwealth fail to agree, the
owner or user may institute proceedings in the Federal Court of Australia for
such reasonable amount of compensation as the Court determines.
(4) In determining the amount of compensation payable, regard is to be had
to whether the occupier of the premises, or the occupier’s employees or
agents, if they were available at the time, provided any appropriate warning or
guidance on the operation of the equipment.
(5) For the purposes of subsection (1):
damage, in relation to data, includes damage by erasure of
data or addition of other data.
45 Subsection 18ZZ(3)
Omit “the Commission”, substitute “the
Secretary”.
46 Subsection 19A(2)
Omit “by the Commission or, on behalf of the Commission, by a
department of State of the Commonwealth, a body corporate established by an Act
or any other person”, substitute “by the Chief Metrologist, a
delegate of the Chief Metrologist or another person on behalf of the Chief
Metrologist”.
47 Subsection 19A(3)
Repeal the subsection.
48 Subsection 19A(4)
Omit “the Commission”, substitute “the Chief
Metrologist”.
49 Subsections 19A(6), (6A) and
(7)
Repeal the subsections, substitute:
(6) Before the Governor-General makes a regulation for the purposes of
subsection (1), the Minister must consult appropriate State
authorities.
(7) Before the Governor-General makes a regulation for the purposes of
subsection (1), the Minister must also either:
(a) be satisfied that the regulation is not inconsistent with a
specification published by the International Organisation of Legal Metrology
regarding the examination and approval of patterns of measuring instrument;
or
(b) if the regulation is inconsistent with a specification—be
satisfied that:
(i) the inconsistency is in the national interest; or
(ii) it is not practicable to comply with the specification because of
particular circumstances applying in Australia.
50 Transitional—section 19A of the
National Measurement Act 1960
(1) This item applies to a regulation if:
(a) the regulation was made for the purposes of section 19A of the
National Measurement Act 1960; and
(b) the regulation was in force immediately before the commencement of
this item.
(2) The regulation has effect, after the commencement of this item, as if
it had been made for the purposes of section 19A of the National
Measurement Act 1960 as amended by this Act.
(3) This item does not prevent the amendment or repeal of the
regulation.
51 Paragraph 19AAB(2)(a)
Omit “the Commission”, substitute “the Chief
Metrologist”.
52 Paragraph 19AAB(2)(b)
Repeal the paragraph, substitute:
(b) by a delegate of the Chief Metrologist; or
(c) by another person on behalf of the Chief Metrologist.
53 Subsections 19AAB(3) and (4)
Repeal the subsections, substitute:
(3) Before the Governor-General makes a regulation for the purposes of
subsection (1), the Minister must consult appropriate State
authorities.
54 Transitional—section 19AAB of the
National Measurement Act 1960
(1) This item applies to a regulation if:
(a) the regulation was made for the purposes of section 19AAB of the
National Measurement Act 1960; and
(b) the regulation was in force immediately before the commencement of
this item.
(2) The regulation has effect, after the commencement of this item, as if
it had been made for the purposes of section 19AAB of the National
Measurement Act 1960 as amended by this Act.
(3) This item does not prevent the amendment or repeal of the
regulation.
55 Section 19AA
Repeal the section.
56 Paragraph 19B(a)
Omit “by or on behalf of the Commission”, substitute
“under the regulations”.
57 Paragraph 20(1)(l)
Repeal the paragraph, substitute:
(l) prescribing a fee for activities undertaken in respect of:
(i) the examination and certification of patterns of measuring
instruments; and
(ii) the verification of utility meters used for trade.
58 Subsection 20(3)
Repeal the subsection, substitute:
(3) A fee mentioned in subsection (1) must be reasonably related to
the expenses incurred or to be incurred for the activities undertaken and must
not be such as to amount to taxation.
Part 3—Moving
the metrological functions of CSIRO to the Chief
Metrologist
59 Subsection 3(1) (definition of Australian
primary standard of measurement)
Omit “the Organisation”, substitute “the Chief
Metrologist”.
60 Subsection 3(1) (definition of Australian
secondary standard of measurement)
Omit “the Organisation”, substitute “the Chief
Metrologist”.
61 Subsection 3(1) (definition of the
Organisation)
Repeal the definition.
62 Subsections 8(1) and (2)
Omit “The Organisation”, substitute “The Chief
Metrologist”.
63 Subsection 8(2)
Omit “as it considers”, substitute “as the Chief
Metrologist considers”.
64 Section 8AA
Omit “The Organisation”, substitute “The Chief
Metrologist”.
65 Subsections 9(1) and (3)
Omit “the Organisation” (wherever occurring), substitute
“the Chief Metrologist”.
Science and Industry
Research Act 1949
66 Paragraph 9(1)(g)
Repeal the paragraph.
Part 4—Transitional
provisions
67 Definitions
In this Part, unless the contrary intention appears:
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or
prospective.
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.
Chief Metrologist means the Chief Metrologist mentioned in
section 18A of the National Measurement Act 1960, as in force on the
proclamation day.
Commission means the National Standards Commission that
existed under the National Measurement Act 1960 prior to the proclamation
day.
contract includes:
(a) a deed; and
(b) a deed poll.
Finance Minister means the Minister administering the
Financial Management and Accountability Act 1997.
Industry Minister means the Minister administering the
National Measurement Act 1960.
instrument includes a document.
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.
metrological function, in relation to the Organisation, means
a function performed by the Organisation, or that the Organisation caused to be
performed, under the National Measurement Act 1960 or paragraph 9(1)(g)
of the Science and Industry Research Act 1949, as in force immediately
before the proclamation day.
obligation means any obligation whether actual, contingent or
prospective.
Organisation means the Commonwealth Scientific and Industrial
Research Organisation established under the Science and Industry Research Act
1949.
proclamation day means the day on which Parts 1, 2 and 3
of this Schedule commence.
Science Minister means the Minister administering the
Science and Industry Research Act 1949.
68 Guidelines for combining Australian legal units
of measurement
(1) Guidelines issued by the Commission under section 7B of the
National Measurement Act 1960 that were in force immediately before the
proclamation day continue to have effect on and after that day as if they had
been made by the Chief Metrologist under that section.
(2) This item does not prevent the amendment or revocation of the
guidelines.
69 Australian standards of
measurement
Standards of measurement that were maintained, or were caused to be
maintained, by the Organisation under section 8 of the National
Measurement Act 1960 immediately before the proclamation day are not
affected merely because they are maintained, or caused to be maintained, on or
after the proclamation day by the Chief Metrologist.
70 Co-ordinated Universal Time
Co-ordinated Universal Time is not affected merely because it is, on and
after the proclamation day, maintained, or caused to be maintained, by the Chief
Metrologist rather than the Organisation.
71 Determinations of recognized-value standards of
measurement
(1) Determinations made by the Commission under section 8A of the
National Measurement Act 1960 that were in force immediately before the
proclamation day continue to have effect on and after that day as if they had
been made by the Chief Metrologist under that section.
(2) This item does not prevent the variation or revocation of the
determinations.
72 Verification of State primary standards of
measurement
Where:
(a) a State primary standard of measurement has been verified under
section 9 of the National Measurement Act 1960 by the Organisation,
or on behalf of the Organisation; and
(b) the period specified under subsection 9(3) of that Act within which
the standard is to be verified again has not expired before the proclamation
day;
the standard continues to be verified on and after the proclamation day
until the end of that period.
73 Judicial notice of the common seal of the
Commission
On and after the proclamation day, all courts, judges and persons acting
judicially are to take judicial notice of the common seal of the Commission
affixed to a document and presume that it is duly affixed.
74 Transfer of contractual rights and obligations of
the Commission
(1) The Industry Minister may, in writing, declare that the
Commission’s rights and obligations under a specified contract to which
the Commission is a party:
(a) cease to be rights and obligations of the Commission on the
proclamation day; and
(b) become rights and obligations of the Commonwealth on that
day.
(2) The Industry Minister may, in writing, declare that a specified
contract continues to have effect on and after the proclamation day as if a
reference in the contract to the Commission were a reference to the
Commonwealth.
(3) The Industry Minister may, in writing, declare that a specified
instrument relating to a specified contract continues to have effect after the
Commission’s rights and obligations under the contract become rights and
obligations of the Commonwealth, as if a reference in the instrument to the
Commission were a reference to the Commonwealth.
(4) The Industry Minister may, in writing, declare that the Commonwealth
becomes the Commission’s successor in law, in relation to the
Commission’s rights and obligations under a specified contract,
immediately after the Commission’s rights and obligations under the
contract become rights and obligations of the Commonwealth.
(5) A declaration under this item has effect accordingly.
(6) A copy of a declaration under this item is to be published in the
Gazette within 14 days after either the making of the declaration or the
proclamation day, whichever is later.
(7) This item does not, by implication, limit item 76 or 78.
Note: A contract or instrument may be specified by name, by
inclusion in a specified class or in any other way.
75 Transfer of contractual rights and obligations of
the Organisation
(1) The Science Minister may, in writing, declare that the
Organisation’s rights and obligations under a specified contract to which
the Organisation is a party and that is connected with the Organisation’s
metrological functions:
(a) cease to be rights and obligations of the Organisation on the
proclamation day; and
(b) become rights and obligations of the Commonwealth on that
day.
(2) The Science Minister may, in writing, declare that a specified contract
that is connected with the Organisation’s metrological functions continues
to have effect on and after the proclamation day as if a reference in the
contract to the Organisation were a reference to the Commonwealth.
(3) The Science Minister may, in writing, declare that a specified
instrument relating to a specified contract continues to have effect after the
Organisation’s rights and obligations under the contract become rights and
obligations of the Commonwealth, as if a reference in the instrument to the
Organisation were a reference to the Commonwealth.
(4) The Science Minister may, in writing, declare that the Commonwealth
becomes the Organisation’s successor in law, in relation to the
Organisation’s rights and obligations under a specified contract,
immediately after the Organisation’s rights and obligations under the
contract become rights and obligations of the Commonwealth.
(5) A declaration under this item has effect accordingly.
(6) A copy of a declaration under this item is to be published in the
Gazette within 14 days after either the making of the declaration or the
proclamation day, whichever is later.
(7) This item does not, by implication, limit item 77 or 79.
Note: A contract or instrument may be specified by name, by
inclusion in a specified class or in any other way.
76 Transfer of assets of the
Commission
(1) The Industry Minister may, in writing, make any or all of the following
declarations in relation to an asset of the Commission:
(a) a declaration that the asset vests in the Commonwealth on the
proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the asset
continues to have effect on and after the proclamation day as if a reference in
the instrument to the Commission were a reference to the Commonwealth;
(c) a declaration that the Commonwealth becomes the Commission’s
successor in law in relation to the asset at the beginning of the proclamation
day.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
(3) A copy of the declaration is to be published in the Gazette
within 14 days after either the making of the declaration or the
proclamation day, whichever is later.
77 Transfer of assets of the
Organisation
(1) The Science Minister may, in writing, make any or all of the following
declarations in relation to an asset of the Organisation that is connected with
the Organisation’s metrological functions:
(a) a declaration that the asset vests in the Commonwealth on the
proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the asset
continues to have effect on and after the proclamation day as if a reference in
the instrument to the Organisation were a reference to the
Commonwealth;
(c) a declaration that the Commonwealth becomes the Organisation’s
successor in law in relation to the asset at the beginning of the proclamation
day.
Note: An asset or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
(3) A copy of the declaration is to be published in the Gazette
within 14 days after either the making of the declaration or the
proclamation day, whichever is later.
78 Transfer of liabilities of the
Commission
(1) The Industry Minister may, in writing, make any or all of the following
declarations in relation to a liability of the Commission:
(a) a declaration that the liability vests in the Commonwealth on the
proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the liability
continues to have effect on and after the proclamation day as if a reference in
the instrument to the Commission were a reference to the Commonwealth;
(c) a declaration that the Commonwealth becomes the Commission’s
successor in law in relation to the liability at the beginning of the
proclamation day.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
(3) A copy of the declaration is to be published in the Gazette
within 14 days after either the making of the declaration or the
proclamation day, whichever is later.
79 Transfer of liabilities of the
Organisation
(1) The Science Minister may, in writing, make any or all of the following
declarations in relation to a liability of the Organisation that is connected
with the Organisation’s metrological functions:
(a) a declaration that the liability vests in the Commonwealth on the
proclamation day without any conveyance, transfer or assignment;
(b) a declaration that a specified instrument relating to the liability
continues to have effect on and after the proclamation day as if a reference in
the instrument to the Organisation were a reference to the
Commonwealth;
(c) a declaration that the Commonwealth becomes the Organisation’s
successor in law in relation to the liability at the beginning of the
proclamation day.
Note: A liability or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(2) The declaration has effect accordingly.
(3) A copy of the declaration is to be published in the Gazette
within 14 days after either the making of the declaration or the
proclamation day, whichever is later.
80 Registration of land
transfers
(1) This item applies if:
(a) any right, title or interest in particular land vests in the
Commonwealth under this Part; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Industry Minister or the Science Minister;
and
(ii) identifies the land, whether by reference to a map or otherwise;
and
(iii) states that the right, title or interest has become vested in the
Commonwealth 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.
(3) The Lands Acquisition Act 1989 does not apply in relation to
anything done under this item.
81 Certificates in relation to assets other than
land
(1) This item applies if:
(a) an asset other than land vests in the Commonwealth under this Part;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Industry Minister or the Science Minister;
and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Commonwealth 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 as are necessary having regard to
the effect of this Part.
82 Exemption from stamp duty and other
State/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) The Industry Minister or the Science Minister may certify in
writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was done in connection with a specified exempt
matter.
(3) In all courts, and for all purposes, a certificate under
subitem (2) is evidence of the matters stated in the certificate.
(4) In this item:
exempt matter means any of the following:
(a) the transfer of an asset under item 76 or 77;
(b) the transfer of a liability under item 78 or 79;
(c) the operation of this Part in any other respect.
83 Final annual report for the
Commission
(1) For each transitional reporting period, the final directors of the
Commission must, in relation to the Commission, prepare the report referred to
in section 9 of the Commonwealth Authorities and Companies Act
1997.
(2) If the proclamation day is 1 July 2004, the 2003-04 financial year
is a transitional reporting period.
(3) If the proclamation day is after 1 July 2004 but is or is before
1 October 2004, the period that:
(a) starts at the beginning of 1 July 2003; and
(b) ends immediately before the proclamation day;
is a transitional reporting period.
(4) If the proclamation day is after 1 October 2004:
(a) the 2003-04 financial year is a transitional reporting
period; and
(b) the period that:
(i) starts at the beginning of 1 July 2004; and
(ii) ends immediately before the proclamation day;
is a transitional reporting period.
(5) For the purposes of this item, a transitional reporting period
mentioned in subitem (3) or paragraph (4)(b) is to be treated as a
financial year.
(6) For the purposes only of preparing the report, the final directors are
to be treated as continuing to be directors, and are entitled to receive the
remuneration and allowances they would have been entitled to receive if the
Commission had not ceased to exist.
(7) The expenses (including remuneration and allowances) of preparation of
the report are to be paid or discharged by the Commonwealth.
(8) In this item:
director has the same meaning as in the Commonwealth
Authorities and Companies Act 1997.
final director means a person who was a director immediately
before the proclamation day.
84 Certificates, declarations etc. taken to be
authentic etc.
A document that appears to be a certificate, declaration or other document
made or issued under this Part:
(a) is taken to be such a certificate, declaration or other document;
and
(b) is taken to have been properly given;
unless the contrary is established.
85 Compensation—constitutional safety
net
(1) If:
(a) a provision of this Act would result in an acquisition of property;
and
(b) the provision would not be valid, apart from this item, because a
particular person has not been compensated;
the Commonwealth must pay that person:
(c) a reasonable amount of compensation agreed on between the person and
the Commonwealth; or
(d) failing agreement—a reasonable amount of compensation determined
by a court of competent jurisdiction.
(2) Any damages or compensation recovered, or other remedy given, in a
proceeding begun otherwise than under this item must be taken into account in
assessing compensation payable in a proceeding begun under this item and arising
out of the same event or transaction.
(3) In this item:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
86 Commonwealth records
(1) This Part does not authorise a Commonwealth record (within the meaning
of the Archives Act 1983) to be transferred or otherwise dealt with
except in accordance with the provisions of that Act.
(2) A Commonwealth record (within the meaning of the Archives Act
1983) must not be transferred to a person under this Part unless the
National Archives of Australia has given permission under paragraph 24(2)(b) of
the Archives Act 1983.
87 Transfer of pending
proceedings
(1) This item applies if, as a result of a declaration made under this
Part, the Commonwealth becomes the successor in law of either the Commission or
the Organisation (the original entity) on and after the
proclamation day in relation to a particular asset or liability.
(2) If any proceedings to which the original entity was a party:
(a) were pending in any court or tribunal immediately on the proclamation
day; and
(b) related, in whole or in part, to the asset or liability;
then the Commonwealth is, by force of this subitem, substituted for the
original entity as a party to the proceedings to the extent to which the
proceedings relate to the asset or liability.
88 Regulations
The Governor-General may make regulations providing for any other matters
of a transitional nature (including any saving or application provision) arising
out of the enactment of the amendments or repeals made by this
Act.
1 Subsection 3(1) (paragraphs (b), (c) and (d)
of the definition of Australian legal unit of
measurement)
Repeal the paragraphs, substitute:
(b) a unit of measurement derived by the application of guidelines issued
by the Chief Metrologist under subsection 7B(1), or 2 or more successive
applications of those guidelines.
2 Subsection 3(1) (at the end of the definition of
reference standard of measurement)
Add “and for which the period for which a certificate of verification
is given under the regulations has not expired”.
3 Application of item 2
The amendment made by item 2 of this Schedule applies to a reference
standard of measurement that is verified in accordance with the regulations on
or after the commencement of that item.
4 Subsection 7B(1)
Repeal the subsection, substitute:
(1) The Chief Metrologist may issue written guidelines
governing:
(a) the way in which an Australian legal unit of measurement may be
combined with itself, or one or more other Australian legal units of
measurement, to produce an Australian legal unit of measurement; and
(b) the way in which an Australian legal unit of measurement may be
combined with a prefix prescribed for the purposes of subsection 7A(3) to
produce an Australian legal unit of measurement.
5 Section 19
Omit subsection “7(1)”, substitute
“section 7A”.
National Measurement
Regulations 1999
1 Regulation 2
Repeal the regulation, substitute:
These regulations commence on 1 October 1999, immediately after the
commencement of Schedule 1 to the National Measurement Amendment
(Utility Meters) Act 1999.