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ANL Sale Bill 1998

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1997

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

ANL SALE BILL 1997

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

(Circulated by authority of the Minister for Workplace Relations and Small Business)

 

 

11172 Cat. No. 97 1691 2 ISBN 0644 365706



ANL SALE BILL 1997

 

OUTLINE

 

The ANL Sale Bill contains provisions to facilitate the sale of the Commonwealth’s shares in ANL Limited.  In summary, it includes savings and transitional provisions in respect of employee entitlements similar to those made in respect of previous major asset sales (eg Airports).

 

The Bill includes provisions:

 

·         preserving the pre-sale rights of ANL employees who have long service leave and maternity leave entitlements and certain retirement benefits under Commonwealth legislation while they remain ANL employees;

 

·         making it clear that ANL employees’ access to Public service mobility rights ceases on sale day;

 

·         ensuring that the Safety, Rehabilitation and Compensation Act 1988 continues to apply after the sale in respect of injuries sustained by ANL Group employees covered by the Act prior to the sale;

 

·         amending the ANL Act 1956 to remove provisions that would not appropriately apply in the case of a private company, such as the specific statutory protection of trading names;

 

·         removing from ANL, as from the sale day, any tax benefit relating to its losses accumulated up to the year before the year of sale;

 

·         preserving the post sale operation, in respect of events occurring prior to the sale, of a number of Acts such as the Crimes (Superannuation Benefits) Act 1989, the Director of Public Prosecutions Act 1983 and the Judiciary Act 1903;

 

·         removing ANL from the operation of a number of Acts which apply to Commonwealth-controlled entities, such as the Administrative Decisions (Judicial Review) Act 1977, the National Crime Authority Act 1984, and the Occupational Health and Safety (Commonwealth Employment Act 1991 ; and

 

·         ending ANL’s future liability under the Commonwealth Borrowing Levy Act 1987.

 

 



FINANCIAL IMPACT STATEMENT

 

 

Sale receipts for ANL will be determined in the sale process.

 

The Bill extinguishes ANL’s accumulated tax losses with the result that these losses will not be available to offset, for income tax purposes, any profits or capital gains made by ANL post sale.

 

No levy will be imposed on ANL’s borrowing after the sale day under the Commonwealth Borrowing Levy Act 1987.  



ANL SALE BILL 1997

 

NOTES ON CLAUSES

 

PART 1 - PRELIMINARY

 

          Clause 1 - Short title

 

Commences - Royal Assent

 

1.          Clause 1 provides for the Act to be cited as the ANL Sale Act 1997.

 

Clause 2 - Commencement

 

Commencement - Royal Assent

 

2.         Part 1 commences on the day on which this Act receives the Royal Assent.

 

3.      The remaining provisions commence on sale.

 

Clause 3 - Definitions

 

Commencement - Royal Assent

 

4.          Clause 3 provides definitions of terms used in the Bill.

 

·         “ANL body” is defined to mean ANL or an ANL subsidiary.  For the purposes of the employee benefit savings provisions, a reference to an ANL body means a company that was an ANL body immediately prior to the sale day.  This will ensure the effectiveness of the savings provisions if an ANL subsidiary subsequently ceases to be owned by ANL after the sale day.

 

Clause 4 - Subsidiaries

 

Commencement - Royal Assent

 

5.         Clause 4 provides for the term “subsidiary” to have the same meaning as in the Corporations Law.

 

Clause 5 - The sale day

 

6.      Clause 5(3) requires the Minister to declare the sale day for ANL.  The Minister will be required to declare as the sale day the first day which, in his opinion, is the day on which a majority of the voting shares in ANL has been acquired by a person other than the Commonwealth or a nominee of the Commonwealth.  The notice must be published in the Gazette within 21 days after the sale day.

 

PART 2 - AMENDMENTS OF ACTS AND REGULATIONS

 

          Clause 6 - Amendments of Acts

 

Commencement - Sale day

 

7.      This clause enacts the amendments to the ANL Act 1956 which are contained in Schedule 1 and the amendments to other Acts set out in Schedule 2.

 

8.      The Clause also enacts amendments to the Long Service Leave (Commonwealth Employees) Regulations, the Maternity Leave (Commonwealth Employees) Regulations and the Proceeds of Crime Regulations set out in Schedule 3.  These amendments do not prevent the Governor-General from subsequently amending or repealing those Regulations.

 

9.      The amendment to the Long Service Leave (Commonwealth Employees) Regulations repeals the reference to ANL in Schedule 1A with the effect that ANL employees will not, from sale day, continue to accrue benefits under the Long Service Leave (Commonwealth Employees) Act 1976.  Part 3 of the Bill includes savings provisions for ANL employee long service leave entitlements accrued up to the sale day.

 

10.    The amendments to the Maternity Leave (Commonwealth Employees) Regulations repeal the reference to ANL from Schedule 2A and also repeal subregulation 6(2).  The amendment to the Schedule ensures that employees of ANL do not, from the sale day, continue to be eligible for maternity leave under the Maternity Leave (Commonwealth Employees) Act 1973.  Part 3 of the Bill includes savings provisions for maternity leave entitlements of ANL employees accrued up to the sale day, which includes benefits for those employees entitled to begin their maternity leave within the 12 months following the sale day.

 

11.    The amendment to the Proceeds of Crime Regulations repeals the reference to ANL from regulation 3B with the effect that, from the sale day, ANL will not be a government business enterprise for the purposes of the Proceeds of Crime Act 1987 and may not receive payments out of the trust fund established by that Act.  Part 3 of the Bill includes savings provisions in respect of relevant offences that caused loss to ANL prior to the sale day.

 

PART 3 - TRANSITIONAL AND SAVING PROVISIONS

 

12.    The transitional and saving provisions continue or modify certain obligations of ANL and its subsidiaries.  They also provide for the continuation of certain employee benefits arising from pre-sale service that otherwise would be foregone due to the sale.

 

13.    The saving provisions also recognise post-sale service of specific categories of employees as public employment for the purposes of qualifying for certain deferred pension benefits.

 

Division 1 - Long service leave

 

14.    Employees of ANL currently accrue long service leave entitlements under the Long Service Leave (Commonwealth Employees) Act 1976 (the “LSL(CE) Act”).

 

15.    However, for most employees, pre-sale service of less than 10 years will not normally qualify for any long service leave entitlement under the LSL(CE) Act.  To ensure equity, these provisions provide that when those employees either complete 10 years service with ANL or cease to be employees in circumstances under which the LSL(CE) Act entitlements would have applied had ANL not been sold, long service leave benefits at the LSL(CE) Act standard are provided in respect of service before the sale day.

 

16.    As a result of these provisions, an ANL employee with 9 years service as at the sale day could be granted long service leave of 9/10 ths of 3 months once the employee has served a further one year with an ANL body (making a combined service period of 10 years).  The employee’s long service leave entitlements relating to service after the sale day will accrue and be credited in accordance with the long service leave regime in place after the sale day.  The Division also saves entitlements accrued under the LSL(CE) Act before the sale day (generally by those employees with at least 10 years service before the sale day).

 

Clause 7 - Interpretation

 

Commencement - Sale day

 

17.    This clause provides for the definition of terms used in this Division.  Expressions used in this Division have the same meaning as in the LSL(CE) Act.  The “combined service period” of an employee is defined as the total of the employee’s service for the purposes of the LSL(CE) Act before the sale day and the employee’s service with an ANL body after the sale day.

 

Clause 8 - Long service leave for employees with less than 10 years service

 

Commencement - Sale day

 

18.    This provision applies to a person who was an employee of ANL immediately before the sale day and whose period of service at sale day was less than 10 years.  If the employee continues to be employed by an ANL body until his or her combined service period is at least 10 years, an ANL body may grant the employee long service leave.

 

19.       Clause 8(5) provides for granting of long service leave at retirement or retrenchment as long as the employee has a combined service period of at least one year.  Leave granted under this clause is to be taken so as to expire immediately before the employee retires or is retrenched (clause 8(7)).

 

20.       Clause 8(6) allows for an ANL body to grant long service leave on half pay.

 

21.    Clause 8(8) provides for the application of section 20 of the LSL(CE) Act to calculate the rate of salary to be used in working out the full salary of an employee for the purposes of this provision.

 

22.    In each case the period of long service leave is calculated by reference to the period of service as at the sale day (clause 11).

 

Clause 9 - Payments in lieu of long service leave for employees with less than 10 years service.

 

Commencement - Sale day

 

23.    Clause 9 provides that an ANL body must, in certain circumstances, pay an amount to an employee in lieu of the employee taking long service leave (clause 9(1)).  For clause 9 to apply, an employee must have been an employee of ANL immediately before the sale day and not have accrued a period of service under the LSL(CE) Act of 10 or more years at that time (clause 9(2)).

 

24.    Clause 9 applies to persons who cease to be employees of ANL after the sale day, but not to those who cease to be employees because they die (clause 9(3)).  If a person ceases to be an employee and has at that time a combined service period of at least 10 years, the employing ANL body must pay him or her an amount in lieu of long service leave (clause 9(4)).  This includes a person who voluntarily leaves employment prior to reaching the minimum retirement age. 

 

25.    If a person does not have a combined service period of 10 years or more but does have a combined service period of at least one year then he or she is entitled to be paid an amount in lieu of long service leave if the reasons that he or she ceases to be an employee is that he or she has reached minimum retirement age (clause 9 (5)) or because of retrenchment (clause 9(5)) or because of ill health (clause 9 (6)).

 

26.    The amount that an employee is paid in lieu is equivalent to his or her full salary in respect of his or her long service leave credit under clause 11(2).  Clause 9(9) provides for the application of section 21 of the LSL (CE) Act to calculate the rate of salary to be used in working out the full salary of an employee for the purposes of this provision.

 

Clause 10 - Payments on the death of an employee

 

Commencement - Sale day

 

27.    This clause requires payment to a deceased employee’s dependant (or dependants) of the amount that would have been payable to the employee under clause 9 on the day of the employee’s death, as if the employee had at that time stopped being an employee having reached the minimum retirement age.  This provision applies if immediately before the sale day the employee had less than 10 years service and at the time of death had a combined service period of at least one year.

 

Clause 11 - Employee’s long service leave credit for the purposes of sections 8 and 9

 

Commencement - Sale day

 

28.    This clause defines the long service leave credit of an ANL employee as being equal to the employee’s long service leave credit under the LSL(CE) Act as at the sale day.  In cases falling under clause 9, the long service leave credit is reduced by any amount of leave already taken under clause 8.

 

Clause 12 - Division not to affect an employee’s post-sale long service leave rights

 

Commencement - Sale day

 

29.    This clause is to avoid doubt and declares that the provisions of the Division do not affect an employee’s post-sale long service leave rights.  Long service leave associated with post-sale day service with ANL will be a matter for ANL and its employees to agree in the context of relevant State and Territory legislation.

 

Clause 13 - Saving - Long Service Leave Act

 

Commencement - Sale day

 

30.    This clause ensures that accrued long service leave credits (ie for those employees with 10 or more years of service on the sale day) arising from pre-sale service with ANL under the LSL(CE) Act are retained post-sale. 

 

Division 2 -Operation of Safety, Rehabilitation and Compensation Act 1988

 

31.    This Division is intended to ensure that any matters which were covered by the Safety, Rehabilitation and Compensation Act 1988 (the “SRC Act”) prior to the sale day continue to be covered by the Act and that an ANL body’s obligations in relation to those matters are retained.

 

Clause 14 - Interpretation

 

Commencement - Sale day

 

32.    This clause provides for the expressions used in this Division to have the same meaning as in the SRC Act.

 

Clause 15 - Continued application of SRC Act

 

33.       Clause 15 provides that upon an ANL body ceasing to be a  Commonwealth authority for the purposes of the SRC Act, that Act continues to apply to the extent provided for in this Division.

 

Clause 16 - Operation of SRC Act in relation to employees and former employees of an ANL body

 

Commencement - Sale day

 

34.    Clause 16 continues the operation of the SRC Act in relation to injuries suffered by employees of an ANL body before the sale day, and to loss or damage to the property of such persons incurred before the sale day.  It covers former employees to the extent that they would be covered under the SRC Act prior to the sale day.  The provision is not intended to modify rights and obligations, only to preserve the pre-sale position.

 

35.    Clause 16(2) provides that for the purposes of the sale, operation of the SRC Act under clause 16(1), an ANL body, post-sale, is to be treated as a Commonwealth authority, and the chief executive officer of an ANL body is to be treated as the principal officer of a Commonwealth authority.

 

Clause 17 - Operational provisions relating to Division 4A of Part VII of the SRC Act

 

Commencement - Sale day

 

36.    Clause 17 provides for Division 4A of Part VII of the SRC Act to continue to apply to ANL bodies.  Division 4A relates to premiums payable by Commonwealth authorities and Departments to Comcare.

 

37.    Clause 17(1) provides that an ANL body continues as an authority for the purposes of the Division but that it is not required to pay a premium for that part of a financial year following the sale day, and that Comcare may vary an estimate of premium, taking into account the fact that an ANL body is not required to pay a premium for that part of a financial year.  It is likely that a refund of premium would be required where an ANL body has paid a premium for a full financial year and the sale day occurs before the end of the financial year.  A shortfall might occur if an ANL body had a greater number of employees during the course of the year than was originally expected.

 

38.    Clause 17(2) confirms that any amount of premium that was payable by an ANL body prior to the sale day remains payable, and any such premium which remains unpaid 60 days after the sale day is a debt due t o the Commonwealth and payable to Comcare.

 

Clause 18 - Operational provisions of Part VIIIA of the SRC Act

 

Commencement - Sale day

 

39.    Part VIIIA of the SRC Act allows for a body to be licensed to perform certain functions under the Act rather than Comcare performing them. Clause 21 provides for a licence fee to be refunded.  Any on-going obligation under the licence for the period prior to the sale day would remain in force.

 

Clause 19 - Operation of Section 128A of the SRC Act

 

Commencement - Sale day

 

40.    Clause 19 provides that an ANL body that was, before the sale day, liable as a prescribed Commonwealth authority to pay an amount in respect of an injury, loss or damage suffered by one of its employees prior to 1 July 1989 under section 128A of the SRC Act, continues to be so liable after the sale day.

 

Clause 20 - Notification of amount of salary etc paid to employees of an ANL body

 

Commencement - Sale day

 

41.    Clause 20 requires the Commission for Safety, Rehabilitation and Compensation of Commonwealth Employees to be notified of the amount of pay, salary or wages paid to employees of an ANL body (which was a Commonwealth authority under the SRC Act immediately before the sale day) for that part of the financial year ending on the day before the sale day.  The actual wage and salary bill is relevant to the calculation of any refund of premium to the ANL body of any amount payable to Comcare (as provided for in clause 17 of the Bill).

 

Clause 21 - Refund of licence fee paid under the SRC Act

 

Commencement - Sale day

 

42.    This clause provides for a pro-rata refund of any licence fee paid under section 107R of the SRC Act in the event that an ANL body is granted a licence prior to the sale day.

 



Clause 22 - Amendment of declarations under the SRC Act

 

Commencement - Sale day

 

43.    This clause removes references to ANL bodies from declarations under the SRC Act identifying an ANL body as a Commonwealth authority to which the SRC Act applies.  From the sale day it is intended that an ANL Body will be required to comply with generally applicable workers’ compensation legislation (including possibly remaining covered under the SRC Act (Part VIIIB) but under conditions different to those applying to Commonwealth authorities).  The provision does not prevent subsequent amendment or revocation of the declarations by the relevant Minister.

 

Division 3 -Retirement benefits

 

Clause 23 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973

 

Commencement - Sale day

 

44.    Clause 23 relates to the Defence Force Retirement and Death Benefits Act 1973 (the “DFRDB Act”).  Current employees of an ANL body who were formerly members of the Defence Force and who have elected to take deferred benefits under the DFRDB Act are required to complete an aggregate of 20 years (in most circumstances) in the Defence Force or in subsequent public employment to enable benefits to be paid.

 

45.    In the absence of a specific provision, an employee who has not served the required period prior to the Commonwealth ceasing to have a controlling interest in an ANL body would lose his or her entitlement to the benefits available under the DFRDB Act.

 

46.    Clause 23(1) is intended to enable former members of the Defence Force who:

 

.         are employed by an ANL body on the sale day,

 

.         had deferred their benefits under the DFRDB Act, and

 

.         were accruing service in public employment with that body, to count employment with the ANL body as public employment even after the sale day.

 

47.    Subject to relevant eligibility criteria, these employees would be entitled to their deferred benefits if they remain with the ANL body (or in other public employment) until the qualifying period (usually 20 years) is completed.

 

Clause 24 - Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973

 

Commencement - Sale day

 

48.    This clause provides that any period of employment with an ANL body which would have been eligible employment for the purposes of Division 3 of Part IX of the DFRDB Act (which allows for the preservation of rights of contributing members who cease to be members of the Defence Force), prior to the sale day will continue to be regarded as eligible employment for the purposes of the person qualifying for deferred benefits.

 

Clause 25 - Application of the Superannuation Act 1922

 

Commencement - Sale day

 

49.    This clause provides that from the sale day ANL will no longer be an approved authority for the purposes of section 145 of the Superannuation Act 1922.  Section 145 deals with payments by approved authorities to the Commonwealth.

 

Clause 26 - Application of the Superannuation Act 1976

 

Commencement - Sale day

 

50.    This clause provides that from the sale day ANL will no longer be an approved authority for the purposes of the Superannuation Act 1976 . Employees of an ANL body will no longer be entitled to contribute to the Commonwealth Superannuation Scheme established under that Act.

 

51.    Employees of an ANL body who are members of the CSS will have various options in relation to their superannuation benefits which are provided for in the Superannuation Act 1976 and regulations made under that Act.

 

Clause 27 - Application of the Superannuation Act 1990

 

Commencement - Sale day

 

52.    Although ANL is not an approved authority for the purposes of the Superannuation Act 1990 as it has been excluded from this Act by a Declaration, this provision is intended to ensure that if the Declaration is ever revoked, there will be no doubt that ANL is not an approved authority for the purposes of the Superannuation Act 1990 .

 



Division 4 - Other transitional and saving provisions

 

Clause 28 - ANL employees who were not on maternity leave immediately before the sale day

 

Commencement - Sale day

 

53.    Certain ANL employees are currently entitled to benefits provided under the Maternity Leave (Commonwealth Employees) Act 1973 (the “ML(CE) Act”) including maternity leave of up to 12 months, of which 12 weeks may be on full pay and the remainder without pay.

 

54.    This clause will preserve the entitlements of women employed by ANL on the sale day to apply for and be granted leave under the ML(CE) Act provided that the woman would have been entitled to begin such leave within 12 months of the sale day.  Certain ANL employees are presently excluded from receiving benefits under the ML(CE) Act under subregulation 6(2) of the Maternity Leave (Commonwealth Employees) Regulations.  A specific provision prevents the saved operation of the ML(CE) Act giving benefits to such employees, which might otherwise have been the effect of the repeal of subregulation 6(2) of those Regulations pursuant to Clause 7.

 

Clause 29 - ANL employees on maternity leave on the sale day

 

Commencement - Sale day

 

55.    This clause preserves the existing rights of those employees who are on maternity leave on the sale day.

 

Clause 30 - Saving - Crimes (Superannuation Benefits) Act 1989

 

Commencement - Sale day

 

56.    The Crimes (Superannuation Benefits) Act 1989 will cease to apply to acts or omissions of employees of an ANL body that would or might constitute corruption offences, where those acts or omissions occur on or after the sale day.

 

57.    Clause 30(1) allows the Act to continue to apply in relation to a corruption offence committed by an employee of an ANL body before the sale day.

 

58.    Clause 30(2) prevents a superannuation order made under the Act from affecting employer superannuation contributions made by an ANL body on or after the sale day.

 

59.    Clause 30(3) provides that a superannuation scheme to which an ANL body contributes as an employer on or after the sale day is not a superannuation scheme for the purposes of the Act in relation to a corruption offence committed after the sale day, and employer contributions to that scheme may not therefore be the subject of a superannuation order.

 

60.    Clause 30(4) provides that where a superannuation order may be made affecting an employee’s entitlements under the Commonwealth Superannuation Scheme and employer contributions in relation to that person’s membership of the Scheme have been paid but no corresponding benefits have been paid to the person, then the superannuation order can only order that an amount be paid to the Commonwealth.

 

61.    Clause 30(5) provides that where an employee has received a superannuation payment from the Consolidated Revenue Fund then the relevant superannuation order is that the employer contributions and interest component are to be repaid to the Commonwealth.

 

Clause 31 - Saving - Director of Public Prosecutions Act 1983

 

Commencement - Sale day

 

62.    This clause ensures that the Director of Public Prosecutions Act 1983 continues to apply to acts or omissions that occurred prior to the relevant sale day and that civil remedies in relation to those matters can continue to be pursued.  This provision is required because the Director of Public Prosecutions Act 1983 will no longer apply to an ANL body as a “Commonwealth authority” from the sale day.

 

Clause 32 - Saving - Judiciary Act 1903

 

Commencement - Sale day

 

63.    This clause is intended to ensure that the Australian Government Solicitor (“AGS”) will, post-sale, continue to be able to act on behalf of ANL in relation to proceedings which were commenced prior to the sale day.  The AGS may also continue to act where a certificate has been given by the Secretary to the Attorney-General’s Department or a person holding a Senior Executive Service office in that Department stating that instructions were given by ANL to AGS prior to the sale day.

 

Clause 33 - Saving - Proceeds of Crime Act 1987

 

Commencement - Sale day

 

64.    This clause provides that where a relevant offence under the Proceeds of Crime Act 1987 was committed prior to the sale day and it causes financial loss to ANL, then section 34C of the Act continues to apply to ANL as though ANL continued to be a Government Business Enterprise, thus allowing ANL to receive payments out of the Trust Fund established by the Act that comprises the proceeds of confiscated assets relating to any such relevant offence.

 

PART 4 - OTHER PROVISIONS RELATING TO THE SALE OF ANL

 

Clause 34 - ANL taken not to be established by or under an Act or established by the Commonwealth

 

Commencement - Sale day

 

65.    This clause is intended to ensure that ANL is not taken to be established by or under an Act or established by the Commonwealth.  This will prevent ANL from being subject to Acts which apply to Commonwealth authorities where the definition of Commonwealth authority includes a body so established.

 

66.    The provision does not affect the operation of any law, including the ANL Act 1956 , prior to the commencement of this clause.  In particular it does not affect ANL’s deemed incorporation pursuant to that Act.  Further, section 65 of the Act continues in force and complements this provision by deeming ANL not to have been incorporated or established for a public purpose or for a purpose of the Commonwealth and not to be a public authority or an instrumentality or agency of the Crown.

 

Clause 35 - Removal of ANL’s past tax losses

 

Commencement - Sale day

 

67.    This clause provides that losses incurred by an ANL body in a year of income ending before the year of income in which the sale day occurs are not allowed as a tax deduction for any year of income starting on or after the sale day.

 

Clause 36 - Avoidance of doubt - cessation of mobility rights

 

Commencement - Sale day

 

68.    On the cessation of Commonwealth ownership of ANL, the residual mobility rights of employees of ANL bodies under Part IV of the Public Service Act 1922 and the repealed Officers’ Rights Declaration Act 1928 will be extinguished.

 

Clause 37 - Refund of contribution paid under the Occupational Health and Safety (Commonwealth Employment) Act 1991

 

Commencement - Sale day

 

69.    Schedule 2 of the Bill provides that a reference to ANL is to be omitted from the Schedule to the Occupational Health and Safety (Commonwealth Employment) Act 1991 (the “OH&S Act”), so that ANL is not, from the sale day, deemed to be a Government Business Enterprise for the purposes of that Act. After the sale day, an ANL body will also not be a Commonwealth authority  for the purposes of the Act. Clause 37 provides for a refund if the sale day falls part way through a financial year and the ANL body has paid a contribution under section 67H of the OH&S Act in respect of the administration of that Act.

 

Clause 38 - ANL body not to be eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990

 

Commencement - Sale day

 

70.    This clause removes the reference to ANL bodies from certain declarations made under the Superannuation Benefits (Supervisory Mechanisms) Act 1990. It is intended that this Act cease to apply to ANL bodies from the sale day. The provision does not prevent subsequent amendment or revocation of a declaration by the relevant Minister.

 

Clause 39 - Ending ANL’s liability under the Commonwealth Borrowing Levy Act 1987

 

Commencement - Sale day

 

71.    This clause provides that ANL is not liable, after the sale day, to pay any levy imposed under the Commonwealth Borrowing Levy Act 1987 in respect of any borrowing, though it is still required to pay an amount that became payable prior to the sale day. Schedule 2 of the Bill repeals the reference to ANL from that Act so that a levy is not imposed from the sale day on any new borrowings.

 

 



SCHEDULE 1

 

AMENDMENT OF THE ANL ACT 1956

 

72.    It is necessary to retain some of the provisions of this Act in order to ensure that no question can be raised regarding the effectiveness of ANL Limited’s incorporation. This is done for the avoidance of doubt. Other provisions in this Act are to be repealed as described below.

 

Certain definitions contained in section 3 (an interpretation section) are omitted as a consequence of the repeal of the provisions to which they are related.

 

Section 4 is repealed. This section referred to bodies operating under a name for the purposes of Part IV.

 

Section 4A is an interpretative aid for some definitions in section 3. Those definitions are to be omitted. Consequently, section 4A is to be repealed.

 

Subsection 45(1), which deemed the Commonwealth to be a holding company for the purposes of the requirements as to the numbers of shareholders and directors of ANL under the Companies Code (now the Corporations Law), is omitted.

 

Part IV which protected company and business names is repealed. It is considered that ANL, after the sale, should rely on the same laws for protection of business and company names as other companies do, and no longer have the advantage of the specific provision in Part IV.

 

Section 60, which preserved the mobility rights under the Public Service Act 1922 of certain ANL personnel from the date of ANL’s conversion to a company, is repealed. The repeal of this section, together with clause 36 of the Bill, removes all Public Service mobility rights for employees of ANL bodies.

 

Section 66 is repealed. Section 66 stated that ANL could take on additional powers and functions that might be conferred on it by a State or Territory.



 

SCHEDULE 2

 

AMENDMENT OF OTHER ACTS

 

Commencement - Sale day

 

73.    ANL Limited is presently subject to a range of statutes by virtue of its Commonwealth ownership. It is intended that it be removed from the ambit of most of this legislation from the sale day. This will ensure that the legislation which applies specifically to Commonwealth Government Business Enterprises does not apply to ANL. This accords with the intention that ANL be treated consistently with other private sector enterprises under Commonwealth legislation after the sale.

 

74.    The Acts to be amended are:

 

Administrative Decisions (Judicial Review) Act 1977

 

A further paragraph is added to Schedule 1 of this Act so that decisions of ANL Limited or those of its subsidiary companies cannot be reviewed under this Act.

 

Commonwealth Borrowing Levy Act 1987

 

See notes on clause 39 of the Bill.

 

National Crime Authority Act 1984

 

Schedule 2 of the Bill omits a reference to “Australian Shipping Commission” which appears in Schedule 2 of the Act. That reference existed so as to prevent ANL being deemed an “agency” under that Act and therefore subject to requests by the National Crime Authority under section 19A of that Act. The reference is no longer needed because ANL Limited, the successor to the Australian Shipping Commission, will not, from the sale day, fall within the definition of “agency”.

 

Navigation Act 1912

 

The Navigation Act definition of a “Commonwealth ship” specifically excludes a ship owned by the “Australian Shipping Commission” which reference is read as meaning ANL Limited. This provision repeals the definition and substitutes a definition of a Commonwealth ship as one that belongs to the Commonwealth, the beneficial interest in which is vested in the Commonwealth or in the exclusive possession of the Commonwealth.

 

Occupational Health and Safety (Commonwealth Employees) Act 1991

 

See the notes on clause 37 of the Bill.

 

SCHEDULE 3 - AMENDMENT OF REGULATIONS

 

75.    This schedule repeals references to ANL in the Long Service Leave (Commonwealth Employees) Regulations, the Maternity Leave (Commonwealth Employees) Regulations, and the Proceeds of Crimes Regulations. The purpose of these amendments is discussed in the notes to clause 6 of the Bill.