Commonwealth Numbered Regulations - Explanatory Statements

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PUBLIC WORKS COMMITTEE REGULATIONS (AMENDMENT) 1992 NO. 134

Statutory Rules 1992 No. 134

Issued by the Authority of the Minister for Administrative Services

Public Works Committee Act 1969

Public Works Committee Regulations (Amendment)

The Public Works Committee. Act 1969 (the Act) established the Public Works Committee to inquire into and report on public works referred to it by the Parliament. A public work is a work that is proposed to be carried out by or for the Commonwealth and for which moneys are appropriated by the Parliament.

Subsection 6A(3) of the Act provides that where the Governor-General is satisfied that an authority of the Commonwealth is engaging in trading or other activities, or is providing services, in competition with other bodies, the Governor-General may make regulations declaring that this Act does not apply to that authority.

ADI (Australian Defence Industries Ltd) was formed on 3 May 1989 and took over the operations of the former Office of Defence Production (a part of the Department of Defence). ADI was incorporated in the Australian Capital Territory on 1 July 1990 and enjoys the status of a public company. It is wholly owned by the Commonwealth of Australia and operates a number of businesses including ship repair, clothing manufacture, heavy engineering and ammunition manufacture in four states. Although the majority of its business is with the Department of Defence and the Australian Defence Force, ADI competes with private companies in the civil commercial arena.

ASTA (AeroSpace Technologies of Australia Pty Ltd) was incorporated in the Australian Capital Territory on 7 October 1987 and its holding company is wholly owned by the Commonwealth. ASTA operates in the aerospace, transport, guided weapons, defence-related and associated specialist engineering and material market.

ASTA's orientation is increasingly in civil commercial markets rather than defence related activity (around 60 per cent at present) and a start has been made on privatising ASTA.

As such the situation of these companies clearly meets the requirements of Subsection 6A(3) for exemption from the Act.