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Great Barrier Reef Marine Park Amendment Bill 2007

Schedule 2 Application and transitional provisions

Part 1 Definitions

1  Definitions

In this Schedule:

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; or

                     (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, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.

Authority means the Great Barrier Reef Marine Park Authority established by the Great Barrier Reef Marine Park Act 1975 .

Chairperson means the Chairperson of the Authority.

commencement time means the time when this Schedule commences.

financial liability means a liability to pay a person an amount where the amount, or the method for working out the amount, has been determined.

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.



 

Part 2 Assets, liabilities and legal proceedings

2  Existing property, money and financial liabilities

(1)       Any real or personal property or any money that is held by the Authority immediately before the commencement time is taken, at the commencement time, to be held by the Authority for and on behalf of the Commonwealth.

(2)       Any financial liabilities of the Authority that exist immediately before the commencement time are taken, at the commencement time, to be liabilities of the Commonwealth.

(3)       Subitems (1) and (2) have effect subject to items 3 and 4 of this Schedule.

(4)       If an amount of money (the original amount ) is covered by subitem (1), an amount equal to the original amount is appropriated out of the Consolidated Revenue Fund for the purpose of the performance of the functions of the Authority.

3  Vesting of assets held on trust by the Authority

(1)       This item applies to any assets held on trust by the Authority immediately before the commencement time.

(2)       At the commencement time, the assets cease to be assets held on trust by the Authority and become assets held on trust by the Commonwealth, without any conveyance, transfer or assignment. The Commonwealth becomes the Authority’s successor in law in relation to those assets.

4  Vesting of liabilities relating to assets held on trust

(1)       This item applies to the liabilities of the Authority relating to assets to which item 3 of this Schedule applies.

(2)       At the commencement time, the liabilities cease to be liabilities of the Authority relating to the assets and become liabilities of the Commonwealth relating to the assets, without any conveyance, transfer or assignment. The Commonwealth becomes the Authority’s successor in law in relation to those liabilities.

5  Contracts etc.

A contract, agreement, arrangement or understanding entered into by the Authority before the commencement time and that is in force immediately before that time has effect after that time as if it had been entered into by the Authority on behalf of the Commonwealth.

6  Certificates relating to vesting of land

(1)       This item applies if:

                     (a)  any land vests in the Commonwealth under this Schedule; 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 the Commonwealth under this Schedule.

Note:       Certificates under paragraph (1)(b) are presumed to be authentic: see item 16 of this Schedule.

(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.

7  Certificates relating to vesting of assets other than land

(1)       This item applies if:

                     (a)  any asset other than land vests in the Commonwealth under this Schedule; 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 the Commonwealth under this Schedule.

Note:       Certificates under paragraph (1)(b) are presumed to be authentic: see item 16 of this Schedule.

(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 as are necessary having regard to the effect of this Part.

8  Substitution of Commonwealth as a party to pending proceedings

If any proceedings relating to an asset held on trust by the Authority, to which the Authority was a party, were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the Authority, from the commencement time, as a party to the proceedings.



 

Part 3 Membership of the Authority

9  Membership of the Authority

(1)       A person holding office as a member of the Authority under paragraph 10(1)(c) of the Great Barrier Reef Marine Park Act 1975 immediately before the commencement time is taken, at the commencement time, to have been appointed by the Governor-General as a member of the Authority under paragraph 10(1)(b) of that Act:

                     (a)  for the balance of the person’s term of appointment that remained immediately before the commencement time; and

                     (b)  on the same terms and conditions as applied to the person immediately before the commencement time.

(2)       An appointment in force immediately before the commencement time under subsection 15(3) of the Great Barrier Reef Marine Park Act 1975 in relation to a vacancy in an office under paragraph 10(1)(b) or (c) of that Act continues in force after that time as if it were an appointment under subsection 15(3) of that Act in relation to a vacancy in an office under paragraph 10(1)(b) of that Act.

(3)       A determination in force under paragraph 15(4)(a) of the Great Barrier Reef Marine Park Act 1975 immediately before the commencement time, in relation to an appointment continued in force under subitem (2), continues in force after that time in relation to that appointment.



 

Part 4 Zoning plans

10  Zoning plans

The amendment made by item 28 of Schedule 1 applies in relation to zoning plans made before or after the commencement of that item.



 

Part 5 Reporting requirements and records

11  Reporting requirements

Reports for periods ending after the commencement time

(1)       If:

                     (a)  immediately before the commencement time, a law required the Authority or a member of the Authority to provide a report (whether financial statements or otherwise) for a period; and

                     (b)  the period ends after the commencement time;

the Chairperson must provide the report, as required, for so much of the period as occurs before the commencement time.

(2)       If:

                     (a)  under subitem (1), the Chairperson is required to provide a report for a part of a period; and

                     (b)  the Chairperson is also required to provide a similar report for the remainder of the period;

the Chairperson may meet the requirements in a single report for the period.

Reports for periods ending before the commencement time

(3)       If:

                     (a)  a law required the Authority or a member of the Authority to provide a report (whether financial statements or otherwise) for a period that ended before the commencement time; and

                     (b)  the report has not been provided by the commencement time;

the Chairperson must provide the report as required.

Application of law to Chairperson

(4)       To avoid doubt, if, under this item, the Chairperson is required to provide a report under a law, the law applies to the Chairperson in respect of the report in the same way as the law would have applied to the Authority or the member of the Authority in respect of the report.

12  Access to records

For the purposes of the operation of subsection 27L(4) of the Commonwealth Authorities and Companies Act 1997 in relation to the books of the Authority, the reference in that subsection to a Commonwealth authority is to be read, after the commencement time, as a reference to the Chairperson.

13  Continuing obligation to keep records

Section 20 of the Commonwealth Authorities and Companies Act 1997 (as in force from time to time) continues to apply after the commencement time in relation to the accounting records kept by the Authority under that section before that time as if the Authority continued to be subject to that Act.



 

Part 6 Other matters

14  Exemption from stamp duty and other State or Territory taxes

No stamp duty or other tax is payable under a law of a State or Territory in respect of, or in respect of anything connected with:

                     (a)  the transfer of an asset or liability under this Schedule; or

                     (b)  the operation of this Schedule in any other respect.

15  Constitutional safety net—acquisition of property

(1)       If the operation of this Schedule would result in an acquisition of property from a person otherwise than on just terms, 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.

(3)       In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

16  Certificates taken to be authentic

A document that appears to be a certificate made or issued under 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 the Chairperson.

(2)       In exercising powers or performing functions under a delegation, the Chairperson must comply with any directions of the Minister.

18  Regulations

(1)       The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Schedule to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

(2)       The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Schedule 1 to this Act.