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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Statute Update (Smaller Government)
Bill 2017
No. , 2017
(Finance)
A Bill for an Act to make various amendments of
the statute law of the Commonwealth to abolish
statutory bodies, and for other purposes
No. , 2017
Statute Update (Smaller Government) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Tradespersons' rights committees
3
Part 1--Repeals of Acts
3
Tradespersons' Rights Regulation Act 1946
3
Part 2--Other amendments
4
Sea Installations Act 1987
4
Schedule 2--Oil Stewardship Advisory Council
5
Product Stewardship (Oil) Act 2000
5
Schedule 3--Product Stewardship Advisory Group
6
Product Stewardship Act 2011
6
Schedule 4--Advisory Group of the Australian Sports
Anti-Doping Authority
7
Australian Sports Anti-Doping Authority Act 2006
7
Schedule 5--Plant Breeder's Rights Advisory Committee
11
Plant Breeder's Rights Act 1994
11
Schedule 6--Development Allowance Authority
13
Part 1--Repeals of Acts
13
Development Allowance Authority Act 1992
13
Infrastructure Certificate Cancellation Tax Act 1994
13
Part 2--Other amendments
14
Airports (Transitional) Act 1996
14
Income Tax Assessment Act 1936
14
Income Tax Assessment Act 1997
14
Taxation Administration Act 1953
16
Part 3--Application of amendments
17
Schedule 7--Corporations and Markets Advisory Committee
18
ii
Statute Update (Smaller Government) Bill 2017
No. , 2017
Part 1--Amendments
18
Australian Securities and Investments Commission Act 2001
18
Part 2--Transitional and saving provisions
20
No. , 2017
Statute Update (Smaller Government) Bill 2017
1
A Bill for an Act to make various amendments of
1
the statute law of the Commonwealth to abolish
2
statutory bodies, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Statute Update (Smaller Government) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Statute Update (Smaller Government) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Tradespersons' rights committees Schedule 1
Repeals of Acts Part 1
No. , 2017
Statute Update (Smaller Government) Bill 2017
3
Schedule 1--Tradespersons' rights
1
committees
2
Part 1--Repeals of Acts
3
Tradespersons' Rights Regulation Act 1946
4
1 The whole of the Act
5
Repeal the Act.
6
Schedule 1 Tradespersons' rights committees
Part 2 Other amendments
4
Statute Update (Smaller Government) Bill 2017
No. , 2017
Part 2--Other amendments
1
Sea Installations Act 1987
2
2 Schedule
3
Omit "Tradespersons' Rights Regulation Act 1946".
4
Oil Stewardship Advisory Council Schedule 2
No. , 2017
Statute Update (Smaller Government) Bill 2017
5
Schedule 2--Oil Stewardship Advisory
1
Council
2
3
Product Stewardship (Oil) Act 2000
4
1 Subsection 6(1) (definition of Advisory Council)
5
Repeal the definition.
6
2 Subsection 6(1) (definition of voting member)
7
Repeal the definition.
8
3 Subsection 10(4)
9
Omit "The Minister may also take into consideration any relevant
10
recommendation made to the Minister by the Advisory Council.".
11
4 Part 3
12
Repeal the Part.
13
5 Saving provision
--protection from civil actions
14
Despite the repeal of Part 3 of the Product Stewardship (Oil) Act 2000
15
by this Schedule, section 31 of that Act, as in force immediately before
16
the commencement of this item, continues to apply on and after that
17
commencement in relation to an act done or omitted to be done before
18
that commencement by a member of the Oil Stewardship Advisory
19
Council.
20
Schedule 3 Product Stewardship Advisory Group
6
Statute Update (Smaller Government) Bill 2017
No. , 2017
Schedule 3--Product Stewardship Advisory
1
Group
2
3
Product Stewardship Act 2011
4
1 Section 6 (definition of Advisory Group)
5
Repeal the definition.
6
2 Section 108B
7
Repeal the section.
8
3 Schedule 1
9
Repeal the Schedule.
10
Advisory Group of the Australian Sports Anti-Doping Authority Schedule 4
No. , 2017
Statute Update (Smaller Government) Bill 2017
7
Schedule 4--Advisory Group of the Australian
1
Sports Anti-Doping Authority
2
3
Australian Sports Anti-Doping Authority Act 2006
4
1 Section 3
5
Omit "an Advisory Group,".
6
2 Section 3
7
Omit "The Advisory Group provides advice and recommendations to
8
the CEO.".
9
3 Section 4
10
Repeal the following definitions:
11
(a) definition of advisory committee;
12
(b) definition of advisory committee member;
13
(c) definition of Advisory Group;
14
(d) definition of Advisory Group Chair;
15
(e) definition of Advisory Group member.
16
4 Section 4 (definition of sporting administration body)
17
Omit ", the Advisory Group".
18
5 Section 4 (paragraph (a) of the definition of vacancy)
19
Repeal the paragraph.
20
6 Subsection 5(1)
21
Repeal the subsection.
22
7 Section 20CA
23
Omit "The CEO must have regard to advice and recommendations
24
given to the CEO by the Advisory Group or an advisory committee.".
25
8 Paragraph 21(1)(ka)
26
Repeal the paragraph.
27
Schedule 4 Advisory Group of the Australian Sports Anti-Doping Authority
8
Statute Update (Smaller Government) Bill 2017
No. , 2017
9 Subsection 21(1A)
1
Repeal the subsection.
2
10 Subsection 24A(2)
3
Omit "Advisory Group member or an".
4
11 Paragraph 24J(2)(b)
5
Repeal the paragraph.
6
12 Division 6 of Part 3A
7
Repeal the Division.
8
13 Part 4
9
Repeal the Part.
10
14 Subsection 43(3)
11
Omit ", an ASDMAC member or an Advisory Group member",
12
substitute "or an ASDMAC member".
13
15 Subparagraph 50F(a)(ii)
14
Repeal the subparagraph.
15
16 Subparagraph 50F(d)(iii)
16
Repeal the subparagraph.
17
17 At the end of subparagraph 50F(d)(v)
18
Add "and".
19
18 Subparagraph 50F(d)(vi)
20
Repeal the subparagraph.
21
19 Subparagraph 50F(e)(iii)
22
Repeal the subparagraph.
23
20 Subparagraph 50F(e)(iv)
24
Omit "41; and", substitute "41.".
25
Advisory Group of the Australian Sports Anti-Doping Authority Schedule 4
No. , 2017
Statute Update (Smaller Government) Bill 2017
9
21 Subparagraph 50F(e)(v)
1
Repeal the subparagraph.
2
22 Paragraph 68(e)
3
Omit "ASDMAC; or", substitute "ASDMAC.".
4
23 Paragraph 68(f)
5
Repeal the paragraph.
6
24 Paragraph 69(aa)
7
Repeal the paragraph.
8
25 Paragraph 69(g)
9
Omit "member; or", substitute "member.".
10
26 Paragraphs 69(h) and (i)
11
Repeal the paragraphs.
12
27 Subsection 78(1A)
13
Repeal the subsection.
14
28 Paragraphs 78(4)(a) to (c)
15
Omit "the Advisory Group,".
16
29 Saving provisions
17
(1)
Part 8 of the Australian Sports Anti-Doping Authority Act 2006, as in
18
force immediately before the commencement of this item, continues to
19
apply on and after that commencement in relation to:
20
(a) a person who was an Advisory Group member at any time
21
before that commencement; or
22
(b) an individual who attended a meeting of the Advisory Group
23
at any time before that commencement.
24
(2)
Despite the repeal of subsection 78(1A) of the Australian Sports
25
Anti-Doping Authority Act 2006 made by this Schedule, that subsection,
26
as in force immediately before the commencement of this item,
27
continues to apply on and after that commencement to a former
28
Schedule 4 Advisory Group of the Australian Sports Anti-Doping Authority
10
Statute Update (Smaller Government) Bill 2017
No. , 2017
Advisory Group member in relation to an act done or omitted to be
1
done before that commencement.
2
(3)
Subsection 78(4) of the Australian Sports Anti-Doping Authority Act
3
2006, as in force immediately before the commencement of this item,
4
continues to apply on and after that commencement in relation to the
5
making of a statement to, or the giving of a document or information to,
6
the Advisory Group at any time before that commencement.
7
Plant Breeder's Rights Advisory Committee Schedule 5
No. , 2017
Statute Update (Smaller Government) Bill 2017
11
Schedule 5--Plant Breeder's Rights Advisory
1
Committee
2
3
Plant Breeder's Rights Act 1994
4
1 Subsection 3(1)
5
Repeal the following definitions:
6
(a) definition of Advisory Committee;
7
(b) definition of indigenous;
8
(c) definition of member.
9
2 Subsection 49(1)
10
Repeal the subsection.
11
3 Subsection 49(2)
12
Omit ", having regard to the views of the Plant Breeder's Rights
13
Advisory Committee on a matter referred under subsection (1),".
14
4 Part 7
15
Repeal the Part.
16
5 Subsection 69(1)
17
Omit "and before the Minister seeks any advice from the Advisory
18
Committee concerning those regulations".
19
6 Subsection 69(3)
20
Repeal the subsection.
21
7 Section 85
22
Repeal the section.
23
8 Transitional provisions
24
(1)
If:
25
(a) before the commencement of this item, the Advisory
26
Committee had given views to the Minister on a matter
27
Schedule 5 Plant Breeder's Rights Advisory Committee
12
Statute Update (Smaller Government) Bill 2017
No. , 2017
referred to the Committee under subsection 49(1) of the Plant
1
Breeder's Rights Act 1994; and
2
(b) before that commencement, the Minister had not had regard
3
to those views;
4
then the Minister must have regard to those views on or after that
5
commencement.
6
(2)
Any records or documents that were in the possession of the Advisory
7
Committee immediately before the commencement of this item are to
8
be transferred to the Registrar after that commencement.
9
Note:
The records and documents are Commonwealth records for the purposes of the Archives
10
Act 1983.
11
(3)
If:
12
(a) before the commencement of this item, the Advisory
13
Committee had given advice to the Minister on an intended
14
regulation as mentioned in section 69 of the Plant Breeder's
15
Rights Act 1994; and
16
(b) before that commencement, the Minister had not had regard
17
to that advice;
18
then the Minister must have regard to that advice on or after that
19
commencement.
20
Development Allowance Authority Schedule 6
Repeals of Acts Part 1
No. , 2017
Statute Update (Smaller Government) Bill 2017
13
Schedule 6--Development Allowance
1
Authority
2
Part 1--Repeals of Acts
3
Development Allowance Authority Act 1992
4
1 The whole of the Act
5
Repeal the Act.
6
Infrastructure Certificate Cancellation Tax Act 1994
7
2 The whole of the Act
8
Repeal the Act.
9
Schedule 6 Development Allowance Authority
Part 2 Other amendments
14
Statute Update (Smaller Government) Bill 2017
No. , 2017
Part 2--Other amendments
1
Airports (Transitional) Act 1996
2
3 Section 56
3
Repeal the section.
4
Income Tax Assessment Act 1936
5
4 Subsection 6(1) (paragraph (g) of the definition of
6
assessment)
7
Repeal the paragraph.
8
5 Subsection 82KZME(1) (note)
9
Omit "(6),".
10
6 Subsection 82KZME(6)
11
Repeal the subsection.
12
7 Paragraphs 126(1)(d) and 128B(3)(bb)
13
Repeal the paragraphs.
14
8 Division 16L of Part III
15
Repeal the Division.
16
Income Tax Assessment Act 1997
17
9 Section 10-
5 (table item headed "infrastructure
18
borrowings")
19
Repeal the item.
20
10 Section 10-
5 (table item headed "interest")
21
Omit:
22
infrastructure borrowings, on ............................................ 159GZZZZG
Development Allowance Authority Schedule 6
Other amendments Part 2
No. , 2017
Statute Update (Smaller Government) Bill 2017
15
11 Section 11-
15 (table item headed "financial transactions")
1
Omit:
2
infrastructure borrowings, income in relation to ............... 159GZZZZE
12 Section 12-
5 (table item headed "financial arrangements")
3
Omit "infrastructure,".
4
13 Section 12-
5 (table item headed "infrastructure")
5
Repeal the item, substitute:
6
infrastructure
see tax losses
14 Section 12-
5 (table item headed "interest")
7
Omit "see also infrastructure".
8
15 Section 13-
1 (table item headed "infrastructure")
9
Repeal the item.
10
16 Paragraph 104-71(3)(a)
11
Repeal the paragraph, substitute:
12
(a) an amount that is not included in the assessable income of an
13
entity because of section 124ZM or 124ZN (which exempt
14
income arising from
*
shares in a
*
PDF) of the Income Tax
15
Assessment Act 1936; or
16
17 Section 112-97 (table item 12A)
17
Repeal the item.
18
18 Paragraphs 118-425(13)(d) and 118-427(14)(d)
19
After "Development Allowance Authority Act 1992", insert ", as in force
20
just before the commencement of Schedule 6 to the Statute Update
21
(Smaller Government) Act 2017".
22
19 Subsection 230-460(14)
23
Repeal the subsection.
24
20 Subsection 721-10(2) (note)
25
Repeal the note, substitute:
26
Schedule 6 Development Allowance Authority
Part 2 Other amendments
16
Statute Update (Smaller Government) Bill 2017
No. , 2017
Note:
The other amounts referred to in item 3 of the table are interest
1
payable under section 102AAM of the Income Tax Assessment Act
2
1936 (distributions from certain non-resident trust estates).
3
Taxation Administration Act 1953
4
21 Subsection 3B(1B)
5
Repeal the subsection.
6
22 Section 8AB
7
Repeal the section.
8
23 Paragraph 8J(2)(ga)
9
Repeal the paragraph.
10
24 Subsections 8W(1B), 13K(11), 15(4) and 15A(11)
11
Repeal the subsections.
12
25 Subsection 250-10(1) in Schedule 1 (table item 105)
13
Repeal the item.
14
26 Subsection 355-65(5) in Schedule 1 (table item 3)
15
Repeal the item.
16
Development Allowance Authority Schedule 6
Application of amendments Part 3
No. , 2017
Statute Update (Smaller Government) Bill 2017
17
Part 3--Application of amendments
1
27 Application of amendments
2
(1)
The amendments made by this Schedule (other than the repeal of Part 5
3
of Chapter 3 and Part 2 of Chapter 4 of the Development Allowance
4
Authority Act 1992) do not apply in relation to a certificate that is in
5
force just before the commencement of this item.
6
(2)
For the purposes of applying, on or after that commencement, the Acts
7
amended by this Schedule, as those Acts apply because of subitem (1), a
8
reference in those Acts to the Development Allowance Authority is
9
treated as being a reference to the Commissioner of Taxation.
10
Schedule 7 Corporations and Markets Advisory Committee
Part 1 Amendments
18
Statute Update (Smaller Government) Bill 2017
No. , 2017
Schedule 7--Corporations and Markets
1
Advisory Committee
2
Part 1--Amendments
3
Australian Securities and Investments Commission Act 2001
4
1 Title
5
Omit ", a Corporations and Markets Advisory Committee".
6
2 Paragraph 1(1)(c)
7
Repeal the paragraph.
8
3 Subsection 5(1) (definition of CAMAC)
9
Repeal the definition.
10
4 Subsection 5(1) (definition of Convenor)
11
Repeal the definition.
12
5 Subsection 5(1) (paragraph (b) of the definition of meeting)
13
Repeal the paragraph.
14
6 Subsection 5(1) (paragraph (a) of the definition of member)
15
Omit "9,".
16
7 Subsection 5(1) (paragraph (a) of the definition of member)
17
Omit "CAMAC,".
18
8 Subsection 5(1) (paragraph (b) of the definition of member)
19
Repeal the paragraph.
20
9 Subsection 11(3)
21
Repeal the subsection, substitute:
22
(3) ASIC may, on its own initiative or when requested by the Minister,
23
advise the Minister, and make to the Minister such
24
recommendations as it thinks fit, about any matter connected with:
25
Corporations and Markets Advisory Committee Schedule 7
Amendments Part 1
No. , 2017
Statute Update (Smaller Government) Bill 2017
19
(a) a proposal to make corporations legislation, or to make
1
amendments of the corporations legislation (other than the
2
excluded provisions); or
3
(b) the operation or administration of the corporations legislation
4
(other than the excluded provisions); or
5
(c) law reform in relation to the corporations legislation (other
6
than the excluded provisions); or
7
(d) companies or a segment of the financial products and
8
financial services industry; or
9
(e) a proposal for improving the efficiency of the financial
10
markets.
11
10 Paragraph 127(4)(a)
12
Omit "CAMAC,".
13
11 Part 9
14
Repeal the Part.
15
12 Paragraphs 246(1)(b), (d) and (h)
16
Repeal the paragraphs.
17
13 At the end of section 261
18
Add:
19
Note:
The Corporations and Markets Advisory Committee (CAMAC)
20
ceased to exist on the commencement of Schedule 7 to the Statute
21
Update (Smaller Government) Act 2017.
22
Schedule 7 Corporations and Markets Advisory Committee
Part 2 Transitional and saving provisions
20
Statute Update (Smaller Government) Bill 2017
No. , 2017
Part 2--Transitional and saving provisions
1
14 Definitions
2
(1)
In this Part:
3
asset means:
4
(a) any legal or equitable estate or interest in real or personal
5
property, whether actual, contingent or prospective; and
6
(b) any right, power, privilege or immunity, whether actual,
7
contingent or prospective.
8
CAMAC means the Corporations and Markets Advisory Committee.
9
commencement time means the time this Schedule commences.
10
instrument includes:
11
(a) a contract, undertaking, deed or agreement; and
12
(b) a notice, authority, order or instruction; and
13
(c) an instrument made under an Act or a regulation;
14
but does not include the following:
15
(d) an Act;
16
(e) an instrument made under this Act;
17
(f) the Corporations Agreement 2002.
18
land means any legal or equitable estate or interest in real property,
19
whether actual, contingent or prospective.
20
liability means any liability, duty or obligation, whether actual,
21
contingent or prospective.
22
rules means rules made under item 27.
23
Treasury Department means the Department administered by the
24
Treasury Minister.
25
Treasury Minister means the Minister administering the Australian
26
Securities and Investments Commission Act 2001.
27
Treasury Secretary means the Secretary of the Treasury Department.
28
(2)
Section 5A of the Australian Securities and Investments Commission
29
Act 2001 applies to this Part as if the provisions of this Part were
30
provisions of that Act.
31
Note:
Section 5A applies the Acts Interpretation Act 1901 as in force on 1 January 2005.
32
Corporations and Markets Advisory Committee Schedule 7
Transitional and saving provisions Part 2
No. , 2017
Statute Update (Smaller Government) Bill 2017
21
15 Assets and liabilities
1
(1)
At the commencement time, the assets and liabilities of CAMAC
2
immediately before that time cease to be assets and liabilities of
3
CAMAC and become assets and liabilities of the Commonwealth
4
without any conveyance, transfer or assignment.
5
(2)
The Commonwealth becomes the successor in law in relation to those
6
assets and liabilities.
7
16 Certificates relating to vesting of assets
8
(1)
If land vests in the Commonwealth under this Part and the Treasury
9
Minister signs a certificate that:
10
(a) identifies the land, whether by reference to a map or
11
otherwise; and
12
(b) states that the land has become vested in the Commonwealth
13
under this Part; and
14
(c) is lodged with the Registrar of Titles or other proper officer
15
of the State or Territory in which the land is situated;
16
the Registrar or other officer may:
17
(d) register the matter in a way that is the same as, or similar to,
18
the way in which dealings in land of that kind are registered;
19
and
20
(e) deal with, and give effect to, the certificate.
21
(2)
If an asset other than land vests in the Commonwealth under this Part
22
and the Treasury Minister signs a certificate that:
23
(a) identifies the asset; and
24
(b) states that the asset has become vested in the Commonwealth
25
under this Part; and
26
(c) is lodged with the person or authority who has responsibility
27
for keeping a register in relation to assets of that kind
28
(whether under a law of the Commonwealth, a State or a
29
Territory, a trust instrument or otherwise);
30
the person or authority may:
31
(d) deal with, and give effect to, the certificate as if it were a
32
proper and appropriate instrument for transactions in relation
33
to assets of that kind; and
34
Schedule 7 Corporations and Markets Advisory Committee
Part 2 Transitional and saving provisions
22
Statute Update (Smaller Government) Bill 2017
No. , 2017
(e) make such entries in the register as are necessary, having
1
regard to the effect of this Part.
2
(3)
A document that appears to be a certificate made under this item is
3
taken, unless the contrary is established, to be such a certificate and to
4
have been properly made.
5
(4)
A certificate made under this item is not a legislative instrument.
6
17 References in instruments to CAMAC
7
(1)
If an instrument in force immediately before the commencement time
8
contains a reference to CAMAC, the instrument has effect from the
9
commencement time as if the reference were a reference to the
10
Commonwealth.
11
(2)
Subitem (1) does not, by implication, prevent the instrument from being
12
varied or terminated after the commencement time.
13
(3)
The rules may prescribe:
14
(a) instruments, or references contained in instruments, to which
15
subitem (1) does not apply; or
16
(b) instruments, or references contained in instruments, to which
17
subitem (1) applies as if the reference in that subitem to the
18
Commonwealth were a reference to the person prescribed by
19
the rules.
20
(4)
Subsection 12(2) of the Legislation Act 2003 does not apply in relation
21
to rules made for the purposes of subitem (3) that commence on or after
22
the commencement time.
23
18 Operation of laws
24
(1)
Subject to subitem (2), if a thing was done by, or in relation to,
25
CAMAC before the commencement time, then, for the purposes of the
26
operation of any law of the Commonwealth after the commencement
27
time, the thing is taken to have been done by, or in relation to, the
28
Commonwealth.
29
(2)
For the purposes of the operation of the Ombudsman Act 1976 after the
30
commencement time, a thing done by, or in relation to, CAMAC before
31
the commencement time is taken to have been done by, or in relation to,
32
the Treasury Department.
33
Corporations and Markets Advisory Committee Schedule 7
Transitional and saving provisions Part 2
No. , 2017
Statute Update (Smaller Government) Bill 2017
23
(3)
The rules may prescribe:
1
(a) things in relation to which subitem (1) does not apply; or
2
(b) things in relation to which subitem (1) applies as if the
3
references in that subitem to the Commonwealth were
4
references to the person prescribed by the rules.
5
(4)
Subsection 12(2) of the Legislation Act 2003 does not apply in relation
6
to rules made for the purposes of subitem (3) that commence on or after
7
the commencement time.
8
19 Legal proceedings
9
If, immediately before the commencement time, CAMAC was a party
10
to proceedings pending in any court or tribunal, the Commonwealth is
11
substituted for CAMAC as a party to the proceedings from that time.
12
20 Transfer of records to the Treasury Department
13
Any records or documents that were in the possession of CAMAC
14
immediately before the commencement time are to be transferred to the
15
Treasury Department.
16
Note:
The records and documents are Commonwealth records for the purposes of the Archives
17
Act 1983.
18
21 Protection of information obtained from ASIC
19
If:
20
(a) before the commencement time, information was disclosed to
21
CAMAC in accordance with subsection 127(4) of the
22
Australian Securities and Investments Commission Act 2001;
23
and
24
(b) immediately before the commencement time, a person was
25
subject to a condition imposed under subsection 127(4A) of
26
that Act in relation to the information disclosed;
27
the person continues to be subject to the condition after the
28
commencement time.
29
22 Final report
30
(1)
The Treasury Secretary must prepare and give to the Treasury Minister,
31
for presentation to the Parliament, a report on the activities of CAMAC
32
during the final reporting period.
33
Schedule 7 Corporations and Markets Advisory Committee
Part 2 Transitional and saving provisions
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Statute Update (Smaller Government) Bill 2017
No. , 2017
(2)
The Minister administering the Public Governance, Performance and
1
Accountability Act 2013 may give the Treasury Secretary written
2
directions in relation to the report. The Treasury Secretary must comply
3
with any such directions in preparing the report.
4
(3)
The Treasury Secretary must give the Treasury Minister the report
5
within 4 months after the end of the final reporting period.
6
(4)
The Treasury Minister must table the report in each House of the
7
Parliament within 15 sitting days of that House after the report is given
8
to the Treasury Minister.
9
(5)
In this item:
10
final reporting period means the period:
11
(a) starting on the first day after the end of the last period for
12
which an annual report on CAMAC's operations or activities
13
was given to the Treasury Minister; and
14
(b) ending immediately before the commencement time.
15
23 Exemption from stamp duty etc.
16
No stamp duty or other tax is payable under a law of a State or Territory
17
in respect of the following, or anything connected with the following:
18
(a) the vesting of an asset or liability under this Part;
19
(b) the operation of this Part in any other respect.
20
24 Delegation by Ministers
21
(1)
The Treasury Minister may, by writing, delegate all or any of his or her
22
powers and functions under this Part (other than under item 27) to:
23
(a) the Secretary of the Treasury Department; or
24
(b) an SES employee, or acting SES employee, in the Treasury
25
Department.
26
Note:
The expressions SES employee and acting SES employee are defined in the Acts
27
Interpretation Act 1901.
28
(2)
The Minister administering the Public Governance, Performance and
29
Accountability Act 2013 may delegate his or her power under
30
subitem 22(2) to the Secretary of the Department administered by that
31
Minister.
32
(3)
In exercising powers or functions under a delegation, the delegate must
33
comply with any directions of the delegating Minister.
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Corporations and Markets Advisory Committee Schedule 7
Transitional and saving provisions Part 2
No. , 2017
Statute Update (Smaller Government) Bill 2017
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25 Saving
--operation of section 246 of the Australian
1
Securities and Investments Commission Act 2001
2
(1)
Despite the repeal of paragraphs 246(1)(b), (d) and (h) of the Australian
3
Securities and Investments Commission Act 2001 by this Schedule,
4
section 246 of that Act continues to apply, in relation to anything done
5
or omitted to be done before the commencement time, as if the repeal
6
had not happened.
7
(2)
Paragraph 246(1)(b) of the Australian Securities and Investments
8
Commission Act 2001 as continued under subitem (1) has effect, in
9
relation to anything done or omitted to be done by CAMAC before the
10
commencement time, as if the Commonwealth were referred to in that
11
paragraph.
12
26 Compensation for acquisition of property
13
(1)
If the operation of this Part would result in an acquisition of property
14
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
15
person otherwise than on just terms (within the meaning of that
16
paragraph), the Commonwealth is liable to pay a reasonable amount of
17
compensation to the person.
18
(2)
If the Commonwealth and the person do not agree on the amount of the
19
compensation, the person may institute proceedings in a court of
20
competent jurisdiction for the recovery from the Commonwealth of
21
such reasonable amount of compensation as the court determines.
22
27 Transitional rules
23
(1)
The Treasury Minister may, by legislative instrument, make rules:
24
(a) prescribing matters required or permitted by this Schedule to
25
be prescribed by the rules; or
26
(b) in relation to transitional matters arising out of the
27
amendments and repeals made by this Schedule.
28
(2)
However, to avoid doubt, the rules may not do the following:
29
(a) create an offence or civil penalty;
30
(b) provide powers of:
31
(i) arrest or detention; or
32
(ii) entry, search or seizure;
33
(c) impose a tax;
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Schedule 7 Corporations and Markets Advisory Committee
Part 2 Transitional and saving provisions
26
Statute Update (Smaller Government) Bill 2017
No. , 2017
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
(3)
This Schedule (other than subitem (2)) does not limit the rules that may
4
be made for the purposes of subitem (1).
5