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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Tourism
Australia (Repeal and Transitional Provisions) Bill
2004
No. ,
2004
(Small Business and
Tourism)
A Bill for an Act to repeal the
Australian Tourist Commission Act 1987, to deal with transitional matters
arising from the repeal of that Act and the enactment of the Tourism
Australia Act 2004, and for related purposes
Contents
A Bill for an Act to repeal the Australian Tourist
Commission Act 1987, to deal with transitional matters arising from the
repeal of that Act and the enactment of the Tourism Australia Act 2004,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Tourism Australia (Repeal and
Transitional Provisions) Act 2004.
(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 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Part 2 |
At the same time as sections 3 to 64 of the Tourism Australia Act
2004 commence. |
|
|
3. Parts 3 to 7 |
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) This Act extends to every external Territory.
(2) This Act applies both within and outside Australia.
(1) In this Act:
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.
ATC means the Australian Tourist Commission continued in
existence under the Australian Tourist Commission Act 1987.
Australia, when used in a geographical sense, includes the
external Territories.
contract includes:
(a) a deed; and
(b) a deed poll.
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.
Maternity Leave Act means the Maternity Leave
(Commonwealth Employees) Act 1973, as in force immediately before the
proclamation day.
proclamation day means the day on which sections 3 to 64
of the Tourism Australia Act 2004 commence.
Tourism Australia means the body corporate established by
section 5 of the Tourism Australia Act 2004.
transferred employee means a person whose employment is
transferred under section 12.
(2) Expressions used in this Act that are defined in the Tourism
Australia Act 2004 have the same meanings as they have in that
Act.
The Australian Tourist Commission Act 1987 is
repealed.
(1) This section applies to:
(a) the assets of the ATC; and
(b) the liabilities of the ATC.
(2) On the proclamation day:
(a) the assets and liabilities cease to be assets and liabilities of the
ATC and become assets and liabilities of Tourism Australia without any
conveyance, transfer or assignment; and
(b) Tourism Australia becomes the ATC’s successor in law in relation
to the assets and liabilities immediately after they become assets and
liabilities of Tourism Australia.
(1) This section applies if:
(a) any right, title or interest in particular land vests in Tourism
Australia under this Part; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the Secretary; 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
Tourism Australia 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.
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia 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.
(1) This section applies if, as a result of a transfer made under this
Part, Tourism Australia becomes the successor in law of the ATC at a particular
time in relation to a particular asset or liability.
(2) If any proceedings to which the ATC was a party:
(a) were pending in any court or tribunal immediately before that time;
and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the
ATC as a party to the proceedings to the extent to which the proceedings relate
to the asset or liability.
(1) An instrument to which subsection (2) applies continues to have
effect on and after the proclamation day as if a reference in the instrument to
the ATC were a reference to Tourism Australia.
(2) This subsection applies to an instrument if it is:
(a) in operation immediately before the proclamation day; and
(b) an instrument:
(i) to which the ATC is a party; or
(ii) which was given to, or in favour of, the ATC; or
(iii) in which a reference is made to the ATC; or
(iv) under which any right or liability accrues or may accrue to the
ATC.
(3) In this section:
instrument does not include regulations or any other
instrument made under the Superannuation Act 1922, the Superannuation
Act 1976 or the Superannuation Act 1990.
(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 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 (other than for the purposes of
criminal proceedings), a certificate under subsection (2) is prima facie
evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 6;
(b) the transfer of a liability under section 6;
(c) the operation of this Part in any other respect.
Each person employed under section 42 of the Australian Tourist
Commission Act 1987 immediately before the proclamation day ceases to be
employed by the ATC on the proclamation day and is taken to have been engaged as
an employee of Tourism Australia under section 55 of the Tourism
Australia Act 2004 on that day.
(1) A transferred employee is taken:
(a) to have been engaged by Tourism Australia on the same terms and
conditions as those that applied to the person, immediately before the
proclamation day, as an employee of the ATC; and
(b) to have accrued an entitlement to benefits, in connection with that
engagement by Tourism Australia, that is equivalent to the entitlement that the
person had accrued, as an employee of the ATC, immediately before the
proclamation day.
(2) The service of a transferred employee as an employee of Tourism
Australia is taken, for all purposes, to have been continuous with the service,
immediately before the proclamation day, of the employee as an employee of the
ATC.
(3) A transferred employee is not entitled to receive any payment or other
benefit merely because he or she stopped being an employee of the ATC as a
result of this Part.
(4) This section:
(a) has effect subject to this Part; and
(b) is not to be taken to be a law of the Commonwealth for the purposes of
paragraph 170XA(2)(b) of the Workplace Relations Act 1996.
(1) This Part does not prevent the terms and conditions of a transferred
employee’s employment on and after the proclamation day from being
varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(2) In this section:
vary, in relation to terms and conditions,
includes:
(a) omitting any of those terms and conditions; or
(b) adding to those terms and conditions; or
(c) substituting new terms or conditions for any of those terms and
conditions.
(1) This section applies in relation to a female transferred employee
if:
(a) immediately before the proclamation day, she was on leave granted
under the Maternity Leave Act; and
(b) she would have been entitled to have remained on that leave on and
after the proclamation day if she had continued to be an employee of the
ATC.
(2) On and after the proclamation day, the Maternity Leave Act continues
to apply to her in relation to the confinement in respect of which the leave was
granted as if Tourism Australia were a prescribed authority for the purposes of
that Act.
(1) This section applies in relation to a female transferred employee if,
within 9 months after the proclamation day, she would have been entitled to
start leave granted under the Maternity Leave Act if she had continued to be an
employee of the ATC.
(2) On and after the proclamation day, the Maternity Leave Act continues
to apply to her in relation to the confinement in respect of which she would
have been entitled to leave as if Tourism Australia were a prescribed authority
for the purposes of that Act.
(1) For each transitional reporting period, the government member of the
Board of Tourism Australia must, in relation to the ATC, prepare the report
referred to in section 9 of the Commonwealth Authorities and Companies
Act 1997. The report must include the matters mentioned in section 28
of the Australian Tourist Commission Act 1987.
(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 section, a transitional reporting period
mentioned in subsection (3) or paragraph (4)(b) is to be treated as a
financial year.
(6) The expenses of preparation of the report are to be paid or discharged
by Tourism Australia.
(7) Tourism Australia must provide the government member with any
assistance that the government member reasonably requires to meet his or her
obligation under subsection (1).
(8) The obligation under section 9 of the Commonwealth Authorities
and Companies Act 1997 imposed on the final directors of the ATC to prepare
an annual report is satisfied if the report is prepared by the government member
of the Board of Tourism Australia.
(9) In this section:
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.
In this Part:
Bureau of Tourism Research means the intergovernmental
program administered within the Commonwealth Department of Industry, Tourism and
Resources that, before the proclamation day, was generally known as the
“Bureau of Tourism Research”.
(1) The Minister may, in writing, make any or all of the following
declarations in relation to an asset of the Commonwealth that relates to the
Bureau of Tourism Research:
(a) a declaration that the asset vests in Tourism Australia 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 Commonwealth or the Bureau of Tourism Research were a
reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s
successor in law in relation to the asset on 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.
(1) The Minister may, in writing, make any or all of the following
declarations in relation to a liability of the Commonwealth that relates to the
Bureau of Tourism Research:
(a) a declaration that the liability vests in Tourism Australia 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 Commonwealth or the Bureau of Tourism Research were a
reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s
successor in law in relation to the liability on 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.
(1) The Minister may, in writing, declare that the Commonwealth’s
rights and liabilities under a specified BTR contract:
(a) cease to be rights and liabilities of the Commonwealth on the
proclamation day; and
(b) become rights and liabilities of Tourism Australia on that
day.
(2) The Minister may, in writing, declare that a specified BTR contract
continues to have effect on and after the proclamation day as if a reference in
the contract to the Commonwealth or the Bureau of Tourism Research were a
reference to Tourism Australia.
(3) The Minister may, in writing, declare that a specified instrument
relating to a specified BTR contract continues to have effect, after the
Commonwealth’s rights and liabilities under the contract become rights and
liabilities of Tourism Australia, as if a reference in the instrument to the
Commonwealth or the Bureau of Tourism Research were a reference to Tourism
Australia.
(4) The Minister may, in writing, declare that Tourism Australia becomes
the Commonwealth’s successor in law, in relation to the
Commonwealth’s rights and liabilities under a specified BTR contract, when
the Commonwealth’s rights and liabilities under the contract become rights
and liabilities of Tourism Australia.
(5) A declaration under this section has effect accordingly.
(6) This section does not, by implication, limit section 19 or
20.
Note: A contract or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(7) In this section:
BTR contract means a contract (other than a contract of
employment):
(a) to which the Commonwealth is a party; and
(b) that relates to the Bureau of Tourism Research.
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia 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.
(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 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 (other than for the purposes of
criminal proceedings), a certificate under subsection (2) is prima facie
evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 19;
(b) the transfer of a liability under section 20;
(c) the transfer of a right or liability under section 21;
(d) the operation of this Part in any other respect.
(1) This section applies if, as a result of a declaration made under this
Part, Tourism Australia becomes the successor in law of the Commonwealth at a
particular time in relation to a particular asset or liability.
(2) If any proceedings to which the Commonwealth was a party:
(a) were pending in any court or tribunal immediately before that time;
and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the
Commonwealth as a party to the proceedings to the extent to which the
proceedings relate to the asset or liability.
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS
employee involved in administering the Bureau of Tourism Research; and
(b) on and after the proclamation day, she is covered by a determination
under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia;
and
(d) immediately before the proclamation day, she was on leave granted
under the Maternity Leave Act; and
(e) she would have been entitled to have remained on that leave on and
after the proclamation day if she had continued to be an APS employee involved
in administering the Bureau of Tourism Research.
(2) On and after the proclamation day, the Maternity Leave Act continues
to apply to her in relation to the confinement in respect of which the leave was
granted as if Tourism Australia were a prescribed authority for the purposes of
that Act.
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS
employee involved in administering the Bureau of Tourism Research; and
(b) on and after the proclamation day, she is covered by a determination
under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia;
and
(d) within 9 months after the proclamation day, she would have been
entitled to start leave granted under the Maternity Leave Act if she had
continued to be an APS employee involved in administering the Bureau of Tourism
Research.
(2) On and after the proclamation day, the Maternity Leave Act continues
to apply to her in relation to the confinement in respect of which she would
have been entitled to leave as if Tourism Australia were a prescribed authority
for the purposes of that Act.
In this Part:
Tourism Forecasting Council means the Council that, before
the proclamation day, was generally known as the “Tourism Forecasting
Council”.
(1) The Minister may, in writing, make any or all of the following
declarations in relation to an asset of the Commonwealth that relates to the
Tourism Forecasting Council:
(a) a declaration that the asset vests in Tourism Australia 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 Commonwealth or the Tourism Forecasting Council were a
reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s
successor in law in relation to the asset on 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.
(1) The Minister may, in writing, make any or all of the following
declarations in relation to a liability of the Commonwealth that relates to the
Tourism Forecasting Council:
(a) a declaration that the liability vests in Tourism Australia 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 Commonwealth or the Tourism Forecasting Council were a
reference to Tourism Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s
successor in law in relation to the liability on 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.
(1) The Minister may, in writing, declare that the Commonwealth’s
rights and liabilities under a specified TFC contract:
(a) cease to be rights and liabilities of the Commonwealth on the
proclamation day; and
(b) become rights and liabilities of Tourism Australia on that
day.
(2) The Minister may, in writing, declare that a specified TFC contract
continues to have effect on and after the proclamation day as if a reference in
the contract to the Commonwealth or the Tourism Forecasting Council were a
reference to Tourism Australia.
(3) The Minister may, in writing, declare that a specified instrument
relating to a specified TFC contract continues to have effect, after the
Commonwealth’s rights and liabilities under the contract become rights and
liabilities of Tourism Australia, as if a reference in the instrument to the
Commonwealth or the Tourism Forecasting Council were a reference to Tourism
Australia.
(4) The Minister may, in writing, declare that Tourism Australia becomes
the Commonwealth’s successor in law, in relation to the
Commonwealth’s rights and liabilities under a specified TFC contract, when
the Commonwealth’s rights and liabilities under the contract become rights
and liabilities of Tourism Australia.
(5) A declaration under this section has effect accordingly.
(6) This section does not, by implication, limit section 28 or
29.
Note: A contract or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(7) In this section:
TFC contract means a contract (other than a contract of
employment):
(a) to which the Commonwealth is a party; and
(b) that relates to the Tourism Forecasting Council.
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia 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.
(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 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 (other than for the purposes of
criminal proceedings), a certificate under subsection (2) is prima facie
evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 28;
(b) the transfer of a liability under section 29;
(c) the transfer of a right or liability under section 30;
(d) the operation of this Part in any other respect.
(1) This section applies if, as a result of a declaration made under this
Part, Tourism Australia becomes the successor in law of the Commonwealth at a
particular time in relation to a particular asset or liability.
(2) If any proceedings to which the Commonwealth was a party:
(a) were pending in any court or tribunal immediately before that time;
and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the
Commonwealth as a party to the proceedings to the extent to which the
proceedings relate to the asset or liability.
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS
employee involved in administering the Tourism Forecasting Council;
and
(b) on and after the proclamation day, she is covered by a determination
under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia;
and
(d) immediately before the proclamation day, she was on leave granted
under the Maternity Leave Act; and
(e) she would have been entitled to have remained on that leave on and
after the proclamation day if she had continued to be an APS employee involved
in administering the Tourism Forecasting Council.
(2) On and after the proclamation day, the Maternity Leave Act continues
to apply to her in relation to the confinement in respect of which the leave was
granted as if Tourism Australia were a prescribed authority for the purposes of
that Act.
(1) This section applies in relation to a person if:
(a) immediately before the proclamation day, the person was a female APS
employee involved in administering the Tourism Forecasting Council;
and
(b) on and after the proclamation day, she is covered by a determination
under subsection 72(1) of the Public Service Act 1999; and
(c) by that determination, she becomes an employee of Tourism Australia;
and
(d) within 9 months after the proclamation day, she would have been
entitled to start leave granted under the Maternity Leave Act if she had
continued to be an APS employee involved in administering the Tourism
Forecasting Council.
(2) On and after the proclamation day, the Maternity Leave Act continues
to apply to her in relation to the confinement in respect of which she would
have been entitled to leave as if Tourism Australia were a prescribed authority
for the purposes of that Act.
In this Part:
tourism trade mark means a trade mark of which the
Commonwealth is the registered owner and that was, at any time before the
proclamation day, licensed for use by See Australia Limited ACN 47 087 917
468.
(1) The Minister may, in writing, make any or all of the following
declarations in relation to an asset of the Commonwealth that is, or relates to,
a tourism trade mark:
(a) a declaration that the asset vests in Tourism Australia 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 Commonwealth were a reference to Tourism
Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s
successor in law in relation to the asset on 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.
(1) The Minister may, in writing, make any or all of the following
declarations in relation to a liability of the Commonwealth that is, or relates
to, a tourism trade mark:
(a) a declaration that the liability vests in Tourism Australia 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 Commonwealth were a reference to Tourism
Australia;
(c) a declaration that Tourism Australia becomes the Commonwealth’s
successor in law in relation to the liability on 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.
(1) The Minister may, in writing, declare that the Commonwealth’s
rights and liabilities under a specified tourism trade mark contract:
(a) cease to be rights and liabilities of the Commonwealth on the
proclamation day; and
(b) become rights and liabilities of Tourism Australia on that
day.
(2) The Minister may, in writing, declare that a specified tourism trade
mark contract continues to have effect on and after the proclamation day as if a
reference in the contract to the Commonwealth were a reference to Tourism
Australia.
(3) The Minister may, in writing, declare that a specified instrument
relating to a specified tourism trade mark contract continues to have effect,
after the Commonwealth’s rights and liabilities under the contract become
rights and liabilities of Tourism Australia, as if a reference in the instrument
to the Commonwealth were a reference to Tourism Australia.
(4) The Minister may, in writing, declare that Tourism Australia becomes
the Commonwealth’s successor in law, in relation to the
Commonwealth’s rights and liabilities under a specified tourism trade mark
contract, when the Commonwealth’s rights and liabilities under the
contract become rights and liabilities of Tourism Australia.
(5) A declaration under this section has effect accordingly.
(6) This section does not, by implication, limit section 37 or
38.
Note: A contract or instrument may be specified by name, by
inclusion in a specified class or in any other way.
(7) In this section:
tourism trade mark contract means a contract:
(a) to which the Commonwealth is a party; and
(b) that relates to a tourism trade mark.
(1) This section applies if:
(a) an asset other than land vests in Tourism Australia under this Part;
and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Secretary; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Tourism Australia 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.
(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 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 (other than for the purposes of
criminal proceedings), a certificate under subsection (2) is prima facie
evidence of the matters stated in the certificate.
(4) In this section:
exempt matter means any of the following:
(a) the transfer of an asset under section 37;
(b) the transfer of a liability under section 38;
(c) the transfer of a right or liability under section 39;
(d) the operation of this Part in any other respect.
(1) This section applies if, as a result of a declaration made under this
Part, Tourism Australia becomes the successor in law of the Commonwealth at a
particular time in relation to a particular asset or liability.
(2) If any proceedings to which the Commonwealth was a party:
(a) were pending in any court or tribunal immediately before that time;
and
(b) related, in whole or in part, to the asset or liability;
then Tourism Australia is, by force of this subsection, substituted for the
Commonwealth as a party to the proceedings to the extent to which the
proceedings relate to the asset or liability.
A document that appears to be a certificate, declaration or other
document made or issued under this Act or the regulations:
(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.
(1) This Act 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.
(1) A copy of a declaration under this Act or the regulations is to be
published in the Gazette within 14 days after the making of the
declaration or the proclamation day, whichever is later.
(2) Failure to comply with this section does not affect the validity of a
declaration.
(1) The Minister may, by writing, delegate all or any of his or her powers
and functions under this Act or the regulations to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Minister.
(1) The Secretary may, by writing, delegate all or any of his or her
powers and functions under this Act to an SES employee, or acting SES employee,
in the Department.
(2) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Secretary.
(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 section, 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 section must be taken into account in
assessing compensation payable in a proceeding begun under this section and
arising out of the same event or transaction.
(3) In this section:
acquisition of property has the same meaning as in paragraph
51(xxxi) of the Constitution.
(1) During the interim period, the Tourism Australia Act 2004 has
effect as if paragraph 22(3)(b) had been repealed and the following paragraph
had been substituted:
(b) must convene a meeting if requested in writing by one or more other
members.
(2) In this section:
interim period means the period that commences on the
proclamation day and ends on the earlier of the following:
(a) the first day on which there are in effect 5 or more appointments to
the Board of Tourism Australia under section 13 of the Tourism Australia
Act 2004;
(b) the end of the period of 6 months commencing on the proclamation
day.
(1) During the interim period, the Tourism Australia Act 2004 has
effect as if subsection 24(1) had been repealed and the following subsection had
been substituted:
(1) At a meeting of the Board a quorum is constituted by a majority of the
members then holding office.
(2) In this section:
interim period means the period that commences on the
proclamation day and ends on the earlier of the following:
(a) the first day on which there are in effect 5 or more appointments to
the Board of Tourism Australia under section 13 of the Tourism Australia
Act 2004;
(b) the end of the period of 6 months commencing on the proclamation
day.
(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, regulations may be made dealing with other transitional
matters arising out of the repeal of the Australian Tourist Commission Act
1987 and the enactment of this Act and the Tourism Australia Act
2004.
(3) The regulations may empower the Minister to make declarations dealing
with matters arising out of the repeal of the Australian Tourist Commission
Act 1987 and the enactment of this Act and the Tourism Australia Act
2004.