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CFM SALE ACT 1996 - NOTES

Act No. 58 of 1996 as amended

This compilation was prepared on 6 November 2012
taking into account amendments up to Act No. 136 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Parliamentary Counsel, Canberra

 

 

 

Contents

Part 1--Preliminary 

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

Part 2--Transfer of CFM subsidiaries to the Commonwealth

5 What this Part is about

Division 1--Subsidiaries

6 Subsidiaries to be established

7 CFM to transfer shares in subsidiaries to the Commonwealth

8 Exemption from stamp duty and other taxes

Division 2--Staff

9 Transfer of staff from CFM

10 Terms and conditions of transferred employees

11 Variation of terms and conditions of employment

12 Statement of accrued benefits

Division 3--Application of the Commonwealth Funds Management Limited Act 1990

13 Application of the Commonwealth Funds Management Limited Act 1990

14 Application of section 4

15 Application of section 15

16 Application of Part 4

17 Application of section 33

18 Application of section 34

19 Application of Part 8

Division 4--Application of other legislation

20 Approved authority--Superannuation Act 1976

21 Approved authority--Superannuation Act 1990

22 Commonwealth authority--Safety, Rehabilitation and Compensation Act 1988

23 Public authority of the Commonwealth--Long Service Leave (Commonwealth Employees) Act 1976

Part 3--Sale of CFM bodies

24 What this Part is about

Division 1--Preliminary

25 Sale day for CFM

26 Sale day for transferred body

Division 2--Long service leave

27 What this Division is about

Subdivision 2A--Preliminary

28 Definitions

29 References to Long Service Leave Act

30 Division not to affect an employee's post-sale long service leave rights

Subdivision 2B--Long service leave for employees who attain at least 10 years service

31 What this Subdivision is about

32 Employees who attain 10 years service

33 Employees reaching minimum retiring age or being retrenched

34 Rate of salary

Subdivision 2C--Payments in lieu of long service leave

35 What this Subdivision is about

36 Employees who attain 10 years service

37 Employees reaching minimum retiring age or being retrenched

38 Employee stops employment because of ill-health

39 Employee may request non-payment or reduced payment

40 Rate of salary

Subdivision 2D--Payments on the death of an employee

41 What this Subdivision is about

42 Payments on death of an employee

Subdivision 2E--Long service leave credit

43 Employee's long service leave credit for the purposes of Subdivisions  2B and 2C

Subdivision 2F--Saving: Long Service Leave Act

44 Saving--Accrued rights under the Long Service Leave Act

Division 3--Superannuation

45 What this Division is about

46 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973

47 Period of eligible employment for the purposes of Division 3 of Part  IX of the Defence Force Retirement and Death Benefits Act 1973

48 Continuing application of the Crimes (Superannuation Benefits) Act 1989

Division 4--Safety, Rehabilitation and Compensation Act 1988

49 What this Division is about

50 Definitions

51 Continued application of the Safety, Rehabilitation and Compensation Act 1988

52 Continued application to certain employees

53 Transitional provisions relating to Division 4A of Part  VII

54 Relevant employer and co-operation with the Commonwealth

55 Notification of amount of salary paid to employees of a CFM body

Division 5--Occupational Health and Safety (Commonwealth Employment) Act 1991

56 Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991

Division 6--Mobility rights

57 Cessation of mobility rights

Division 7--Prosecutions

58 Continuing application of the Director of Public Prosecutions Act 1983

Division 8--Imputation

59 Franking account surpluses reduced to nil

Division 9--Miscellaneous

60 CFM body not to be an agency of the Commonwealth etc.

61 Regulations connected with the sale of a CFM body

62 Certain provisions of the Commonwealth Funds Management Limited Act 1990 cease to apply to CFM bodies

Part 4--Transfer of assets, liabilities, rights and obligations of CFM bodies

63 What this Part is about

Division 1--Preliminary

64 Definitions

Division 2--Transfer of assets

65 Transfer of assets

66 References to CFM body in instruments relating to transferred assets

67 Transferees are successors in law of CFM body

Division 3--Transfer of rights and obligations

68 Transfer of rights and obligations

69 References to CFM body in instruments relating to transferred rights and obligations

70 Transferees are successors in law of CFM body

Division 4--Transfer of liabilities

71 Transfer of liabilities

72 References to CFM body in instruments relating to transferred liabilities

73 Transferees are successors in law of CFM body

Division 5--Tax exemption and income tax treatment

74 Exemption from stamp duty and other taxes

75 Application of the Income Tax Assessment Act 1936 in relation to certain transfers

Division 6--Miscellaneous

76 Transfers of CFM land may be registered

77 Lands Acquisition Act 1989 does not apply to this Part

78 Certificates in relation to assets other than land

Part 5--Miscellaneous

79 Compensation--constitutional safety net

80 Operation of this Act does not place a person in breach of contract etc.

81 Commonwealth records

82 Regulations

Notes 

 


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