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This is a Bill, not an Act. For current law, see the Acts databases.
HOTEL SCHOOL (REPEAL) BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Hotel
School (Repeal) Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Hotel School (Repeal)
Bill 2005
A Bill for
An Act to repeal the Hotel School Act 1996, and for other
purposes
1 The Australian International Hotel School (the school) was
established in 1994.
2 Continuing to operate the school in its current form may involve the
Territory continuing to provide an annual operating subsidy.
3 Costs would be incurred in winding up the operations of the school and
the potential proceeds to be gained from disposing of the Hotel Kurrajong site
would be constrained by its heritage status.
4 After careful consideration, the Legislative Assembly considers that the
preferred course involves selling the school to another educational institution
thereby allowing the school to continue operating on the Kurrajong site through
a sublease with the Territory. This course avoids the Territory having to
provide ongoing operational subsidies to the school and allows for the
preservation of the heritage status of the site.
5 For these reasons, the Legislative Assembly intends to facilitate the
sale of the school and repeal the Hotel School Act 1996.
The Legislative Assembly for the Australian Capital Territory therefore
enacts as follows:
This Act is the Hotel School (Repeal) Act 2005.
(1) This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
(2) If this Act has not commenced within 6 months beginning on the
notification day, it automatically expires on the first day after that
period.
(3) To remove any doubt, the Legislation Act, section 79 (Automatic
commencement of postponed law) does not apply to this Act.
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
In this Act:
school means the Australian International Hotel
School.
Part
2 Legislation
repealed
(1) The Hotel School Act 1996 A1996-72 is repealed.
(2) The following instruments are repealed:
• Hotel School Acting Appointment 2005 (No 1)
DI2005-76
• Hotel School Appointment 2003 (No 1) DI2003-3
• Hotel School Appointment 2003 (No 2) DI2003-40
• Hotel School Appointment 2003 (No 4) DI2003-263
• Hotel School Appointment 2003 (No 5) DI2003-264
• Hotel School Appointment 2004 (No 1) DI2004-35
• Hotel School Appointment 2004 (No 2) DI2004-36
• Hotel School Appointment 2004 (No 3) DI2004-50
• Hotel School Appointment 2004 (No 4) DI2004-166
• Hotel School Appointment 2004 (No 5) DI2004-248
• Hotel School Appointment 2005 (No 1) DI2005-51
• Hotel School Fees 2003 (No 1) NI2003-303
• Hotel School (Fees) Determination 2004 (No 1)
NI2004-360.
Part
3 Assets, rights and
liabilities
6 Vesting
of assets, rights and liabilities
All assets, rights and liabilities of the school vest in the
Territory.
7 Proceedings
and evidence
(1) For a proceeding started before the commencement of this Act and to
which the school is a party, the Territory is substituted as a party.
(2) A proceeding for a cause of action may be brought against the
Territory if, before the commencement of this Act—
(a) the cause of action had accrued against the school; and
(b) a proceeding had not started in relation to the cause of action;
and
(c) the limitation period for the cause of action had not ended.
(3) The Limitation Act 1985, part 3 (Postponement of bar) applies
to the starting of a proceeding that may be brought by or against the Territory
under this section as if the cause of action had been accrued by, or had accrued
against, the Territory.
(4) The court or other entity in which, or before which, a proceeding may
be or has been started or continued under this section may give directions about
the proceeding.
(5) Any evidence that, apart from the repeal of the Hotel School
Act 1996, would have been admissible for or against the school is
admissible for or against the Territory.
(6) An order made in a proceeding by or against the school before the
commencement of this Act may, after the commencement, be enforced by or against
the Territory.
(7) In this section:
proceeding includes a proceeding by way of appeal or review
(including review under the Ombudsman Act 1989).
Part
4 Reports and financial statements of
school
8 Continuation
of school for annual reports
(1) The school (including its board of management) continues in existence
as a territory entity but only for this part.
(2) The Annual Reports (Government Agencies) Act 2004 continues to
apply to the school in relation to a financial year for the
school––
(a) beginning before the commencement of this section; and
(b) for which a report had not been presented by the school under that
Act, section 6 (Annual report of public authority) before the repeal of the
Hotel School Act 1996.
(3) The Hotel School Act 1996, section 6 (4) (which requires
information about directions given by the Minister to be included in an annual
report) continues to apply to a report by the school mentioned in subsection
(2).
(4) The school must prepare a financial statement under the Financial
Management Act 1996 in relation to its operations for each financial year
during which the school operated if a financial statement under that section had
not been prepared for the financial year before the repeal of the Hotel
School Act 1996.
(5) In this section:
financial year––see the Annual Reports
(Government Agencies) Act 2004, section 6 (3).
9 Continuation
of board members for certain purposes
The position of each member of the school board of management under the
Hotel School Act 1996 continues in existence but only for this
part.
(1) This section applies if the Territory transfers the business operated
by the school to another entity so that the other entity can operate the
business.
(2) The Territory may give the other entity any records of the school (for
example, student records) needed for, or helpful in, the operation of the
business.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
In any contract, agreement or arrangement, a reference to the school is,
for the application of that contract, agreement or arrangement after the
commencement of this section, a reference to the Territory.
12 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify part 4 or this part (including its operation
in relation to another territory law) to make provision in relation to anything
that, in the Executive’s opinion, is not, or not adequately or
appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything
elsewhere in this Act or another territory law.
This Act expires 1 year after the day it commences.
14 Taxation
(Government Business Enterprises) Regulation 2003, section
4
omit
• Australian International Hotel School
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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