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Abolition of Compulsory Age Retirement (Statutory Officeholders) Bill 2001

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1998-1999-2000-2001

 

 

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

 

House of Representatives

 

 

 

 

 

 

 

 

 

ABOLITION OF COMPULSORY AGE RETIREMENT (STATUTORY OFFICEHOLDERS) Bill 2001

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of the Attorney-General,

the Hon Daryl Williams AM QC MP
)

 



Abolition Of Compulsory Age Retirement (Statutory Officeholders) Bill 2001

Outline

This Bill amends Acts which specify compulsory age retirement limits for statutory office holders.

The Bill repeals provisions in various Acts that prevent the appointment of a person over a certain age or for a term that would continue beyond a certain age (commonly 65 years).  The amendments complement the removal of compulsory age retirement in the Australian Public Service (APS) and aim to remove unnecessary barriers to the continued appointment of those over 65 to Commonwealth statutory appointments. 

The amendments will not affect the existing term of statutory office holders appointed before the Bill commences.  The amendments will, however, remove any restrictions on their reappointment based on their age.

No amendments are proposed in relation to federal judicial appointments or in relation to Australian Defence Force personnel.  No amendments are proposed in relation to provisions under which office holders are appointed with tenure until a specified age.

Financial Impact

The amendments will have little, if any, financial impact.



Notes on clauses

Clause 1 - Short title

1.         1. This is a formal clause which specifies that the amending Bill, if enacted, will  be known as the Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001.

Clause 2 - Commencement

2.          This clause provides that the Bill, if enacted, will commence on the 28th day after it receives Royal Assent.

3.         If the Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2001 (which is currently before the Parliament) is enacted and commences before the Bill commences, then the amendments proposed by Items 6 to 8 of Schedule 1 of the Bill to the Administrative Appeals Tribunal Act 1975 (the AAT Act) will not be made.  The Administrative Review Tribunal (Consequential and Transitional Provisions) Bill proposes to repeal the AAT Act and will therefore remove the age retirement provisions it contains.

4.          If the Snowy Hydro Corporatisation Act 1997 (an Act which was passed by the Parliament but is yet to commence) commences before the Bill commences, then the amendments proposed by Item 86 of Schedule 1 of the Bill to the Snowy-Mountains Hydro-Electric Power Act 1949 will not be made.  Once it commences, the Snowy Hydro Corporatisation Act will repeal the Snowy-Mountains Hydro-Electric Power Act and will therefore remove the age retirement provisions set out in that Act.

Clause 3 - Schedules

5.         This clause provides that the Items in the Schedule to the Bill amend the acts specified in the Schedule.

Schedule 1 - Abolition of compulsory age retirement

Part 1 - Amendments

Items  1-5       Aboriginal and Torres Strait Islander Commission Act 1989

These Items repeal age retirement provisions relating to the Chief Executive Officer, the Director of Evaluation and Audit, the Torres Strait Regional Authority General Manager, the Indigenous Business Australia Director, and the Indigenous Business Australia General Manager of the Aboriginal and Torres Strait Islander Commission.

Items  6-8       Administrative Appeals Tribunal Act 1975

These Items repeal age retirement provisions relating to the Deputy President, senior member, member and Registrar of the Administrative Appeals Tribunal.

Items  9-10     Australia Council Act 1975

These Items repeal age retirement provisions relating to the full-time Chairperson and the General Manager of the Australia Council.

Item    11        Australian Bureau of Statistics Act 1975     

This Item repeals an age retirement provision   relating to the Australian Statistician of the Australian Bureau of Statistics. 

Item    12        Australian Capital Territory (Planning and Land Management) Act 1988

This Item repeals an age retirement provision relating to a full-time member of the National Capital Authority. 

Item    13        Australian Centre for International Agricultural Research Act 1988

This Item repeals an age retirement provision relating to the Director of the Australian Centre for International Agricultural Research. 

Item    14        Australian Film, Television and Radio School Act 1973   

This Item repeals an age retirement provision relating to the Director and the Acting Director of the Council of the Australian Film, Television and Radio School. 

Item    15        Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

This Item repeals an age retirement provision relating to the Principal of the Australian Institute of Aboriginal and Torres Strait Islander Studies.

Item    16        Australian Institute of Health and Welfare Act 1987         

This Item repeals an age retirement provision relating to a member of the Australian Institute of Health and Welfare.

Items  17-19   Australian Institute of Marine Science Act 1972    

These Items repeal age retirement provisions relating to the Director and Acting Director of the Institute of Marine Science.

Item    20        Australian National Maritime Museum Act 1990   

This Item repeals an age retirement provision relating to the Director of the Australian National Maritime Museum.

Items  21-22   Australian Nuclear Science and Technology Organisation Act 1990

These Items repeal age retirement provisions relating to full-time members of the Board of Directors and the Executive Director of the Australian Nuclear Science and Technology Organisation.

Items  23-24   Australian Securities and Investments Commission Act 2001

These Items repeal age retirement provisions relating to full-time members of the Australian Securities and Investments Commission and the Corporations and Securities Panel.

Items  25-26   Australian Security Intelligence Organisation Act 1979

Item 25 makes a minor amendment to s.9(1) of the Australian Security Intelligence Organisation Act 1979 as a consequence of the repeal of s.9(2) proposed by Item 26.

Item 26 repeals an age retirement provision relating to the Director-General of the Australian Security Intelligence Organisation.

Items  27-28   Australian Sports Commission Act 1989

These Items repeal age retirement provisions relating to the Executive Director of the Australian Sports Commission and the Director of the Australian Institute of Sport.

Item    29        Australian Sports Drug Agency Act 1990

This Item repeals an age retirement provision relating to the Chief Executive of the Australian Sports Drug Agency.

Items  30-31   Australian Tourist Commission Act 1987

These Items repeal age retirement provisions relating to the Managing Director of the Australian Tourist Commission.

Item    32        Australian Trade Commission Act 1985

This Item repeals an age retirement provision relating to the Managing Director and the Deputy Managing Director of the Australian Trade Commission.

Item    33        Australian War Memorial Act 1980

This Item repeals an age retirement provision relating to the Director of the Australian War Memorial.

Item    34        Australian Wine and Brandy Corporation Act 1980

This Item repeals an age retirement provision relating to members of the Australian Wine and Brandy Corporation.

Item    35        Commonwealth Electoral Act 1918

This Item repeals an age retirement provision relating to electoral officers.

Item    36        Criminology Research Act 1971

This Item repeals an age retirement provision relating to the Director of the Australian Institute of Criminology.

Item    37        Customs Administration Act 1985

This Item repeals an age retirement provision relating to the Chief Executive Officer of Customs.

Item    38        Defence Force Discipline Act 1982  

This Item repeals an age retirement provision relating to the Judge Advocate General and the Deputy Judge Advocate General.

Items  39-40   Defence Force Retirement and Death Benefits Act 1973

These Items repeal age retirement provisions relating to the Deputy Chairman, members or deputy members of the Defence Force Retirement and Death Benefits Authority.

Items  41-44               Defence Housing Authority Act 1987

These Items repeal age retirement provisions relating to the members and the Managing Director of the Defence Housing Authority.

Item    45        Development Allowance Authority Act 1992

This Item repeals an age retirement provision relating to the statutory office of the Development Allowance Authority.

Items  46-47               Director of Public Prosecutions Act 1983

These Items repeal age retirement provisions relating to the Director of Public Prosecutions and the Associate Director of Public Prosecutions.

Item    48        Equal Opportunity for Women in the Workplace Act 1999

This Item repeals an age retirement provision relating to the Director of the Equal Opportunity for Women in the Workplace Agency.

Items  49-51               Export Finance and Insurance Corporation Act 1991

Item 49 makes a minor amendment to subsection 35(2) of the Export Finance and Insurance Corporation Act 1991 as a consequence of the repeal of s.36(2) proposed by Item 50. 

Item 50 repeals age retirement provisions relating to a member and government member of the Export Finance and Insurance Corporation Board.

Item 51 repeals age retirement provisions relating to the Managing Director and Deputy Managing Director of the Export Finance and Insurance Corporation Board.

Items  52-56   Family Law Act 1975

Items 52 and 54 repeal age retirement provisions relating to a full-time Judicial Registrar of the Family Court of Australia.  Item 53 makes a minor amendment consequential on the removal of the age retirement provisions for the Judicial Registrar by removing the requirement that a Judicial Registrar over the age of 65 years can only be appointed on a part time basis.

Items 55-56 repeal age retirement provisions relating to the Chief Executive Officer of the Family Court of Australia and the Director of the Australian Institute of Family Studies.

Items  57-58   Federal Court of Australia Act 1976

These Items repeal age retirement provisions relating to a Registrar and a full-time assessor of the Federal Court of Australia.

Items  59-60   Great Barrier Reef Marine Park Act 1975

Item 59 makes a minor amendment to s.11(1) of the Great Barrier Reef Marine Park Act 1975 as a consequence of the repeal s.11(2) proposed by Item 60.

Item 60 repeals an age retirement provision relating to the Chairperson of the Great Barrier Reef Marine Park Authority.

Item    61        Health Insurance Commission Act 1973

This Item repeals an age retirement provision relating to the Managing Director of the Health Insurance Commission.

Item    62        High Court of Australia Act 1979

This Item repeals an age retirement provision relating to the Chief Executive and Principal Registrar of the High Court of Australia.

Item    63        Industrial Chemicals (Notification and Assessment) Act 1989

This Item repeals an age retirement provision relating to the Director of Chemicals Notification and Assessment.

Item    64        Inspector-General of Intelligence and Security Act 1986

This Item repeals an age retirement provision relating to the office of Inspector-General of Intelligence and Security.

Items  65-66   Maritime College Act 1978

Item 65 makes a minor amendment to s.26(4) of the Maritime College Act 1978 as a consequence of the repeal of s.25(5) proposed by Item 66. 

Item 66 repeals an age retirement provision relating to the Principal of the Australian Maritime College.

Item    67        National Crime Authority Act 1984

This Item repeals an age retirement provision relating to members of the National Crime Authority.

Item    68        National Gallery Act 1975

This Item repeals an age retirement provision relating to the Director of the National Gallery.

Items  69-70   National Health Act 1953

Item 69 makes a minor amendment to s.82PH(4) of the National Health Act 1953 as a consequence of the repeal of  ss.82PH(5) and (6) proposed by Item 70. 

Item 70 repeals age retirement provisions relating to the Chief Executive Officer of the Private Health Insurance Administration Council.

Item    71        National Library Act 1960

This Item repeals an age retirement provision relating to the Director-General of the National Library.

Item    72        National Measurement Act 1960

This Item repeals an age retirement provision relating to the Executive Director of the National Standards Commission.

Item    73        National Museum of Australia Act 1980

This Item repeals an age retirement provision relating to the Director of the National Museum of Australia.

Items  74-75   National Occupational Health and Safety Commission Act 1985

These Items repeal age retirement provisions relating to the Chief Executive Officer of the National Occupational Health and Safety Commission and the Director of the National Institute of Occupational Health and Safety.

Item    76        Native Title Act 1993

This Item repeals an age retirement provision relating to the Native Title Registrar.

Item    77        Nuclear Non-Proliferation (Safeguards) Act 1987

This Item repeals an age retirement provision relating to the Director of Safeguards of the Australian Safeguards Office.

Items  78-79   Office of National Assessments Act 1977

Item 78 makes a minor amendment to s.11(1) of the Office of National Assessments Act 1977 as a consequence of the repeal of s.11(2) proposed by Item 79. 

Item 79 repeals an age retirement provision relating to the Director General of the Office of National Assessments.

Item    80        Ombudsman Act 1976

This Item repeals an age retirement provision relating to the Ombudsman.

Item    81        Parliamentary Counsel Act 1970

This Item repeals an age retirement provision relating to the First Parliamentary Counsel and Second Parliamentary Counsel.

Items  82-84   Privacy Act 1988

Item 82 makes a minor amendment to s.20(1) of the Privacy Act 1988 as a consequence of the repeal s.20(2) proposed by Item 83. 

Item 83 repeals an age retirement provision relating to the Privacy Commissioner.

Item 84 repeals an age retirement provision relating to members of the Privacy Advisory Committee.

Item    85        Science and Industry Research Act 1949

This Item repeals an age retirement provision relating to the Chief Executive of the Commonwealth Scientific and Industrial Research Organisation.

Item    86        Snowy-Mountains Hydro-Electric Power Act 1949

This Item repeals an age retirement provision relating to the Commissioner and Associate Commissioners of the Snowy-Mountains Hydro-Electric Power Authority.

Items  87-88               Special Prosecutors Act 1982

Item 87 makes a minor amendment to s.10(1) of the Special Prosecutors Act 1982 as a consequence of the repeal of s.10(2) proposed by Item 88. 

Item 88 repeals an age retirement provision relating to Special Prosecutors.

Item    89        Superannuation Act 1976

This Item repeals an age retirement provision relating to the Commissioner of Superannuation.

Items  90-91   Taxation Administration Act 1953

Item 90 makes a minor amendment to s.5(1) of the Taxation Administration Act 1953 as a consequence of the repeal of s.5(2) proposed by Item 91.

Item 91 repeals age retirement provisions relating to the Commissioner of Taxation and Second Commissioners of Taxation.

Items  92-94   Veterans’ Entitlements Act 1986

These Items repeal age retirement provisions relating to members of the Veterans’ Review Board and Commissioners of the Repatriation Commission.

Item    95        War Graves Act 1980

This Item repeals an age retirement provision relating to the Director of War Graves.

Item    96        Workplace Relations Act 1996

This Item repeals an age retirement provision relating to the Industrial Registrar of the Australian Industrial Registry.

 

Part 2 - Application of amendments

Item    97                    Application of amendments

This Item will ensure that the repeals of age retirement provisions proposed by Part 1 of Schedule 1 will not affect the terms of statutory office holders who were appointed  before the commencement of the Item.