Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Astronomical Observatory
(Transition) Bill 2018
No. , 2018
(Jobs and Innovation)
A Bill for an Act to amend the Australian
Astronomical Observatory Act 2010 and to repeal the
Australian Astronomical Observatory (Transitional
Provisions) Act 2010, and for related purposes
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Australian Astronomical Observatory Act 2010
3
Part 2--Repeals
5
Australian Astronomical Observatory (Transitional Provisions) Act
2010
5
Schedule 2--Transitional provisions
6
Part 1--Preliminary
6
Part 2--Assets and liabilities
7
Part 3--Transfer of other matters
9
Part 4--Miscellaneous
11
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
1
A Bill for an Act to amend the Australian
1
Astronomical Observatory Act 2010 and to repeal the
2
Australian Astronomical Observatory (Transitional
3
Provisions) Act 2010, and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Australian Astronomical Observatory (Transition)
7
Act 2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Astronomical Observatory (Transition) Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
1 July 2018.
1 July 2018
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
Amendments Part 1
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Australian Astronomical Observatory Act 2010
3
1 Title
4
Omit "to establish the Australian Astronomical Observatory",
5
substitute "to provide for astronomical functions".
6
2 Section 1
7
Omit "Australian Astronomical Observatory Act 2010", substitute
8
"Astronomical Functions Act 2010".
9
Note:
This item amends the short title of the Act. If another amendment of the Act is
10
described by reference to the Act's previous short title, that other amendment has effect
11
after the commencement of this item as an amendment of the Act under its amended
12
short title (see section 10 of the Acts Interpretation Act 1901).
13
3 Section 3
14
Repeal the section, substitute:
15
3 Simplified outline of this Act
16
This Act provides that the Secretary has various functions relating
17
to optical astronomy.
18
The Commonwealth may charge fees in connection with things
19
done in the performance of the Secretary's functions.
20
The Secretary may delegate functions and powers under this Act to
21
APS employees in the Department.
22
4 Section 4
23
Repeal the following definitions:
24
(a) definition of Advisory Committee;
25
(b) definition of Advisory Committee member;
26
(c) definition of constitutional corporation;
27
(d) definition of Director.
28
Schedule 1 Amendments
Part 1 Amendments
4
Australian Astronomical Observatory (Transition) Bill 2018
No. , 2018
5 Parts 2 and 4
1
Repeal the Parts.
2
6 Subsections 23(1) and (2)
3
Repeal the subsections, substitute:
4
(1) The Secretary may, by writing, delegate all or any of the
5
Secretary's functions or powers under this Act to an APS employee
6
in the Department who has expertise appropriate to the function or
7
power delegated.
8
Amendments Schedule 1
Repeals Part 2
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
5
Part 2--Repeals
1
Australian Astronomical Observatory (Transitional
2
Provisions) Act 2010
3
7 The whole of the Act
4
Repeal the Act.
5
Schedule 2 Transitional provisions
Part 1 Preliminary
6
Australian Astronomical Observatory (Transition) Bill 2018
No. , 2018
Schedule 2--Transitional provisions
1
Part 1--Preliminary
2
1 Definitions
3
(1)
In this Schedule:
4
AAO means the Australian Astronomical Observatory that was
5
established by section 8 of the Australian Astronomical Observatory
6
Act 2010.
7
asset means:
8
(a) any legal or equitable estate or interest in real or personal
9
property, whether actual, contingent or prospective; and
10
(b) any right, power, privilege or immunity, whether actual,
11
contingent or prospective.
12
assets official, in relation to an asset, means the person or authority
13
who:
14
(a) under a law of the Commonwealth, a State or a Territory; or
15
(b) under a trust instrument; or
16
(c) otherwise;
17
has responsibility for keeping a register in relation to assets of the kind
18
concerned.
19
designated entity means a person determined to be a designated entity
20
under subitem (2).
21
Director means the Director of the Australian Astronomical
22
Observatory.
23
liability means any liability, duty or obligation, whether actual,
24
contingent or prospective.
25
transition time means the commencement of Schedule 1.
26
(2)
The Minister may, by writing, determine that a person is a designated
27
entity for the purposes of this Schedule.
28
(3)
A determination under subitem (2) is not a legislative instrument.
29
2 Extra-territorial operation
30
This Schedule applies both within and outside Australia.
31
Transitional provisions Schedule 2
Assets and liabilities Part 2
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
7
Part 2--Assets and liabilities
1
3 Transfer of assets and liabilities from Commonwealth to
2
designated entities
3
Application
4
(1)
This item applies to assets and liabilities of the Commonwealth that
5
immediately before the transition time relate to the AAO.
6
Ministerial declarations
7
(2)
The Minister may, by writing, declare that:
8
(a) a specified asset or liability to which this item applies vests in
9
a designated entity at a specified time (that is at or after the
10
transition time) without any conveyance, transfer or
11
assignment; and
12
(b) the designated entity becomes the successor in law in relation
13
to that asset or liability at that specified time.
14
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
15
(3)
A declaration under subitem (2) has effect accordingly.
16
(4)
A declaration under subitem (2) is not a legislative instrument.
17
Assets subject to trust
18
(5)
If an asset vests in a designated entity at a particular time under a
19
declaration under subitem (2) and the asset was, immediately before
20
that time, held by the Commonwealth on trust, that asset is taken, at and
21
after that time, to be held by the designated entity on trust and subject to
22
the terms of the trust on which the asset was so held by the
23
Commonwealth.
24
4 Certificates relating to vesting of assets
25
(1)
This item applies if:
26
(a) an asset vests in a designated entity under this Part; and
27
(b) there is lodged with an assets official a certificate that:
28
(i) is signed by the Minister; and
29
(ii) identifies the asset and the designated entity; and
30
Schedule 2 Transitional provisions
Part 2 Assets and liabilities
8
Australian Astronomical Observatory (Transition) Bill 2018
No. , 2018
(iii) states that the asset has become vested in the designated
1
entity.
2
(2)
The assets official may:
3
(a) deal with, and give effect to, the certificate as if it were a
4
proper and appropriate instrument for transactions in relation
5
to assets of that kind; and
6
(b) make such entries in the register as are necessary having
7
regard to the effect of this Part.
8
(3)
A certificate under paragraph (1)(b) is not a legislative instrument.
9
Transitional provisions Schedule 2
Transfer of other matters Part 3
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
9
Part 3--Transfer of other matters
1
5 References in certain instruments
2
(1)
This item applies to an instrument if:
3
(a) the instrument is in force immediately before the transition
4
time; and
5
(b) the instrument contains a reference to the Commonwealth,
6
the Director, or the AAO; and
7
(c) the instrument:
8
(i) relates to an asset or liability that vests in a designated
9
entity under Part 2; or
10
(ii) otherwise relates to the activities of the AAO; and
11
(d) the instrument is declared by the Minister, by writing, as
12
being an instrument to which this item applies.
13
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
14
(2)
The instrument has effect, from a time (that is at or after the transition
15
time) specified in the declaration under paragraph (1)(d), as if the
16
reference to the Commonwealth, the Director, or the AAO (as the case
17
may be) were a reference to a designated entity specified by the
18
Minister in the declaration.
19
(3)
A declaration under paragraph (1)(d) is not a legislative instrument.
20
(4)
In this item:
21
instrument:
22
(a) includes:
23
(i) a contract, undertaking, deed, agreement or
24
memorandum; and
25
(ii) a notice, authority, order or instruction; and
26
(iii) an instrument made under an Act or under a legislative
27
instrument; but
28
(b) does not include:
29
(i) an Act; or
30
(ii) an instrument made under this Act; or
31
(iii) an instrument specified in rules made under item 12.
32
Schedule 2 Transitional provisions
Part 3 Transfer of other matters
10
Australian Astronomical Observatory (Transition) Bill 2018
No. , 2018
6 Legal proceedings
1
(1)
This item applies to proceedings in a court or tribunal to which the
2
Commonwealth is a party if:
3
(a) the proceedings were pending immediately before the
4
transition time; and
5
(b) the proceedings:
6
(i) relate to an asset or liability that vests in a designated
7
entity under Part 2; or
8
(ii) otherwise relate to the activities of the AAO; and
9
(c) the proceedings are declared by the Minister, by writing, as
10
being proceedings to which this item applies.
11
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
12
(2)
A designated entity specified by the Minister in the declaration under
13
paragraph (1)(c) is, from a time (that is at or after the transition time)
14
specified in the declaration, substituted for the Commonwealth as a
15
party to the proceedings.
16
(3)
A declaration under paragraph (1)(c) is not a legislative instrument.
17
Transitional provisions Schedule 2
Miscellaneous Part 4
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
11
Part 4--Miscellaneous
1
7 Nothing in this Schedule to affect staff
2
(1)
Nothing in this Schedule produces the result that the appointment,
3
engagement or employment of a person as an officer of the AAO before
4
the transition time has effect, at or after that time, as if it were an
5
appointment, engagement or employment of the person by or in relation
6
to a designated entity.
7
(2)
In this item:
8
officer of the AAO means:
9
(a) the Director; or
10
(b) an APS employee engaged in operations associated with the
11
AAO.
12
8 Exemption from stamp duty and other State or Territory
13
taxes
14
(1)
No stamp duty or other tax is payable under a law of a State or a
15
Territory in respect of an exempt matter, or anything connected with an
16
exempt matter.
17
(2)
For the purposes of this item, an exempt matter is:
18
(a) the vesting of an asset or liability under this Schedule; or
19
(b) the operation of this Schedule in any other respect.
20
(3)
The Minister may certify in writing:
21
(a) that a specified matter is an exempt matter; or
22
(b) that a specified thing was connected with a specified exempt
23
matter.
24
(4)
In all courts, and for all purposes (other than for the purposes of
25
criminal proceedings), a certificate under subitem (3) is prima facie
26
evidence of the matters stated in the certificate.
27
(5)
A certificate under subitem (3) is not a legislative instrument.
28
9 Certificates taken to be authentic
29
A document that appears to be a certificate made or issued under a
30
particular provision of this Schedule:
31
Schedule 2 Transitional provisions
Part 4 Miscellaneous
12
Australian Astronomical Observatory (Transition) Bill 2018
No. , 2018
(a) is taken to be such a certificate; and
1
(b) is taken to have been properly given;
2
unless the contrary is established.
3
10 Delegation by Minister
4
(1)
The Minister may, by writing, delegate all or any of the Minister's
5
functions or powers under this Schedule to:
6
(a) the Secretary of the Department; or
7
(b) an SES employee, or an acting SES employee, in the
8
Department.
9
Note:
The expressions SES employee and acting SES employee are defined in the Acts
10
Interpretation Act 1901.
11
(2)
In exercising functions or powers under a delegation, the delegate must
12
comply with any directions of the Minister.
13
(3)
Subitem (1) does not apply in relation to the Minister's powers under
14
item 12.
15
11 Compensation for acquisition of property
16
(1)
If the operation of this Schedule would result in an acquisition of
17
property (within the meaning of paragraph 51(xxxi) of the Constitution)
18
from a person otherwise than on just terms (within the meaning of that
19
paragraph), the Commonwealth is liable to pay a reasonable amount of
20
compensation to the person.
21
(2)
If the Commonwealth and the person do not agree on the amount of the
22
compensation, the person may institute proceedings in the Federal Court
23
of Australia or the Supreme Court of a State or Territory for the
24
recovery from the Commonwealth of such reasonable amount of
25
compensation as the court determines.
26
12 Transitional rules
27
(1)
The Minister may, by legislative instrument (and subject to
28
subitem (3)), make rules prescribing matters of a transitional nature
29
(including prescribing any saving or application provisions) relating to
30
the repeals made by this Act.
31
(2)
Without limiting subitem (1), rules made for the purposes of that
32
subitem, before the end of the period of 12 months starting at the
33
Transitional provisions Schedule 2
Miscellaneous Part 4
No. , 2018
Australian Astronomical Observatory (Transition) Bill 2018
13
transition time, may provide that this Schedule has effect with any
1
modifications prescribed by the rules.
2
(3)
To avoid doubt, the rules may not do the following:
3
(a) create an offence or civil penalty provision;
4
(b) provide:
5
(i) powers of arrest or detention; or
6
(ii) powers relating to entry, search or seizure;
7
(c) impose a tax;
8
(d) set an amount to be appropriated from the Consolidated
9
Revenue Fund under an appropriation in this Act;
10
(e) directly amend the text of this Act.
11
(4)
This Schedule (other than subitem (3)) does not limit the rules that may
12
be made for the purposes of subitem (1).
13
[Index] [Search] [Download] [Related Items] [Help]