Commonwealth Numbered Regulations - Explanatory Statements

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LANDS ACQUISITION REGULATIONS (AMENDMENT) 1993 NO. 325

Statutory Rules 1993 No. 325

Issued by the authority of the Minister for the Arts and Administrative Services

Lands Acquisition Act 1989

Lands Acquisition Regulations (Amendment)

Section 140 of the Lands Acquisition Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 6 of the Act defines "Commonwealth authority" for the purposes of the Act. Schedule 1 to the existing regulations lists those authorities which have been exempted from the provisions of the Act.

The Snowy Mountains Engineering Corporation Limited (SMEC) has been exempt from the provisions of the Act since 1989 and previously the Lands Acquisition Act 1955. Due to the sale of SMEC by the Commonwealth it no longer falls within the definition of a Commonwealth Authority for the purposes of the Act. It is no longer appropriate therefore that SMEC remains on the list of exempt authorities and these Regulations remove it from the list.

The Snowy Mountains Engineering Corporation Limited Sale Act 1993 (the Sale Act) provides the legal framework for the sale of SMEC.

Subsection 39 (1) of the Sale Act provides that subsection 48 (2) of the Acts Interpretation Act 1901 (which provides that retrospective regulations will have no effect if they adversely affect the rights of a person or impose liabilities on a person) does not apply to regulations made under any Act that:

(a) are connected with the sale of SMEC; and

(b) include a declaration that the Governor-General is satisfied that they are connected with the sale of SMEC; and

(c) are expressed to take effect on the sale day.

Subsection 39 (2) of the Sale Act provides that regulations covered by subsection (1) take effect on the sale day.

These Regulations were made for the purpose of subsection 39 (1) of the Sale Act and are connected with the sale of SMEC.

The Minister for Finance has declared 9 November 1993 as sale day by notice in Special Gazette No S 334 on Thursday 11 November 1993.

Details of the Regulations are as follows.

Regulation 1 provides for the amendment of the Lands Acquisition Regulations.

Regulation 2 removes SMEC from the list of exempt authorities.

Regulation 3 provides that these Regulations are connected with the sale of SMEC.

The Regulations take effect on the sale day.