Commonwealth Numbered Acts Commonwealth Numbered Acts1 Definitions
(1) In this Schedule:
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 , in relation to an asset other than land, means the person or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind concerned.
CEO means the Chief Executive Officer of Infrastructure Australia within the meaning of the Infrastructure Australia Act 2008 as amended by this Act.
Infrastructure Australia means Infrastructure Australia within the meaning of the Infrastructure Australia Act 2008 as amended by this Act.
Infrastructure Coordinator means the Infrastructure Coordinator within the meaning of the Infrastructure Australia Act 2008 as in force immediately before the transition time.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
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.
old Infrastructure Australia means Infrastructure Australia within the meaning of the Infrastructure Australia Act 2008 as in force immediately before the transition time.
specified succession time , for an asset or liability covered by a declaration under item 2 or 3, means the time that the Commonwealth becomes the successor in law in relation to the asset or liability.
transition time means the time that Part 1 of Schedule 1 commences.
Part 2 -- Transfer of certain assets and liabilities
2 Transfer of certain Commonwealth assets
(1) This item applies to an asset of the Commonwealth that, immediately before the transition time, was being held or used by the Department in connection with the performance of a function of the old Infrastructure Australia or the Infrastructure Coordinator.
(2) The Minister may, by legislative instrument, declare that a specified asset ceases to be an asset of the Commonwealth and becomes an asset of Infrastructure Australia, at the specified time, without any conveyance, transfer or assignment.
(3) If the Minister does so, Infrastructure Australia becomes the successor in law in relation to the specified asset at the specified time.
(4) This item does not prevent the Commonwealth from transferring an asset to Infrastructure Australia otherwise than under this item.
3 Transfer of certain Commonwealth liabilities
(1) This item applies to a liability of the Commonwealth that was incurred before the transition time in connection with the performance of a function of the old Infrastructure Australia or the Infrastructure Coordinator.
(2) The Minister may, by legislative instrument, declare that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of Infrastructure Australia, at the specified time, without any conveyance, transfer or assignment.
(3) If the Minister does so, Infrastructure Australia becomes the successor in law in relation to the specified liability at the specified time.
(4) This item does not prevent the Commonwealth from transferring a liability to Infrastructure Australia otherwise than under this item.
4 Transfers of land may be registered
(1) This item applies if:
(a) any land vests in Infrastructure Australia under this Part; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in Infrastructure 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.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
5 Certificates relating to vesting of assets other than land
(1) This item applies if:
(a) an asset other than land vests in Infrastructure Australia under this Part; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in Infrastructure 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 in relation to assets of that kind as are necessary, having regard to the effect of this Schedule.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
Part 3 -- Transfer of other matters
6 Transfer of records to Infrastructure Australia
The Secretary of the Department may transfer to Infrastructure Australia records or documents of the Commonwealth that relate to the functions of Infrastructure Australia.
Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983 .
7 Legal proceedings of the Commonwealth
(1) This item applies if:
(a) any proceedings to which the Commonwealth was a party were pending in any court or tribunal immediately before the transition time; and
(b) the proceedings:
(i) relate to an asset or liability that, as a result of a declaration made under item 2 or 3, has vested in Infrastructure Australia; or
(ii) otherwise relate to a function of Infrastructure Australia.
(2) Infrastructure Australia is substituted for the Commonwealth as a party to the proceedings:
(a) for proceedings not covered by subparagraph (1)(b)(i)--from the transition time; and
(b) in any other case--from the specified succession time in relation to the asset or liability.
8 References in certain instruments to the Commonwealth, old Infrastructure Australia or Infrastructure Coordinator
(1) This item applies if:
(a) an instrument was in force immediately before the transition time or the specified succession time for an asset or liability; and
(b) the instrument contains a reference to:
(i) the Commonwealth; or
(ii) the old Infrastructure Australia; or
(iii) the Infrastructure Coordinator; and
(c) the reference:
(i) relates to an asset or liability that, as a result of a declaration under item 2 or 3, has vested in Infrastructure Australia; or
(ii) otherwise relates to a function of Infrastructure Australia or the CEO.
(2) The Minister may, by legislative instrument, determine that the instrument has effect, from the transition time or the specified succession time (as appropriate), as if the reference to the body or person mentioned in paragraph (1)(b) were a reference to:
(a) Infrastructure Australia; or
(b) the CEO.
(3) For the purposes of this item, instrument :
(a) includes:
(i) a contract, undertaking, deed or agreement; and
(ii) a notice, authority, order or instruction; and
(iii) an instrument made under an Act or under regulations; but
(b) does not include an exempt instrument.
(4) For the purposes of this item, exempt instrument means:
(a) an Act; or
(b) an instrument made under this Act.
Part 4 -- Infrastructure Australia Special Account
9 Infrastructure Australia Special Account
(1) At the transition time, the Special Account established under subsection 20(1) of the Financial Management and Accountability Act 1997 with the name "Infrastructure Australia Special Account" is abolished.
(2) If an amount (the old amount ) stands to the credit of that Special Account immediately before the transition time, there is payable to Infrastructure Australia, at the transition time, an amount equal to the old amount.
(3) The amount payable to Infrastructure Australia under subitem (2) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
Part 5 -- Reporting obligation
10 Final annual report
(1) The old Infrastructure Australia must, before the transition time, prepare and give to the Minister, for presentation to the Parliament, a report on the old Infrastructure Australia's operations during the final reporting period.
(2) Subsection 26(2) of the Infrastructure Australia Act 2008 as in force immediately before the commencement of this item applies to the report, as if a reference to a financial year were a reference to the final reporting period.
(3) The Minister must table the report in each House of the Parliament as soon as practicable after the transition time.
(4) A report given to the Minister under this item discharges the old Infrastructure Australia's obligations under section 26 of the Infrastructure Australia Act 2008 in respect of any period covered by the report.
(5) In this item:
final reporting period means the period:
(a) beginning:
(i) if, at the commencement of this item, no report under section 26 of the Infrastructure Australia Act 2008 has been given to the Minister for the financial year ending before that commencement--at the start of that financial year; or
(ii) otherwise--at the start of the financial year in which this item commences; and
(b) ending immediately before the transition time.
11 No transfer of appointment of officeholders
(1) Nothing in this Schedule produces the result that the appointment of an old Infrastructure Australia officer has effect as if it were an appointment, engagement or employment of the person in relation to Infrastructure Australia.
(2) In this item:
old Infrastructure Australia officer means:
(a) a member of the old Infrastructure Australia; or
(b) the Infrastructure Coordinator.
Part 7 -- Provisions relating to Division 415 of the Income Tax Assessment Act 1997
12 Things done by, or in relation to, Infrastructure Coordinator
(1) If, before the transition time, a thing was done by, or in relation to, the Infrastructure Coordinator, then, for the purposes of the operation of:
(a) Division 415 of the Income Tax Assessment Act 1997 as in force from the transition time; and
(b) the infrastructure project designation rules made under section 415-100 of that Act; and
(c) any other law to the extent that it relates to that Division or those rules;
the thing is taken to have been done by, or in relation to, the CEO for the purposes of the provision under, or in relation to, which the thing would have been done if the thing had been done immediately after the transition time.
(2) For the purposes of subitem (1), a thing done before the transition time under a provision amended by Part 2 of Schedule 1 to this Act has effect from that time as if it had been done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.
(3) For the purposes of subitem (1), if:
(a) any proceedings to which the Infrastructure Coordinator was a party were pending in any court or tribunal immediately before the transition time; and
(b) the proceedings relate to a thing done by, or in relation to, the Infrastructure Coordinator under Division 415 of the Income Tax Assessment Act 1997 ;
the CEO is substituted for the Infrastructure Coordinator as a party to the proceedings from the transition time.
(4) The Minister may, by writing, determine that subitem (1) does not apply in relation to a specified thing done by, or in relation to, the Infrastructure Coordinator. The determination has effect accordingly.
(5) A determination made under subitem (4) is not a legislative instrument.
Note: See also item 14 of this Schedule (continuation of Infrastructure Priority Lists).
13 Infrastructure project designation rules
(1) A reference to the Infrastructure Coordinator in a provision of the infrastructure project designation rules made under section 415-100 of the Income Tax Assessment Act 1997 has effect, after the transition time, as if it were a reference to the CEO.
(2) Subsection 415-100(2) of the Income Tax Assessment Act 1997 applies on and after the transition time as if the reference in that subsection to Infrastructure Australia included a reference to the old Infrastructure Australia.
14 Continuation of Infrastructure Priority Lists
An Infrastructure Priority List under paragraph 5(2)(b) of the Infrastructure Australia Act 2008 in effect immediately before the transition time has effect, from the transition time, as if it had been made by Infrastructure Australia.
15 Exemption from stamp duty and other State or 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) For the purposes of this item, an exempt matter is:
(a) the vesting of an asset or liability as a result of a declaration made under item 2 or 3; or
(b) the operation of this Schedule in any other respect.
(3) The Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt matter.
(4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.
16 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Schedule:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
17 Delegation by Minister
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule 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.
18 Constitutional safety net
(1) If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
19 Transitional rules
The Minister may, by legislative instrument, make rules in relation to transitional matters arising out of the amendments made by Schedule 1.