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Australian Centre for International Agricultural Research Amendment Bill 2007

Schedule 2 Transitional provisions

Part 1 Preliminary

1  Definitions

In this Schedule:

amend includes repeal and remake.

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.

Board has the same meaning as in the old law.

Centre means the Australian Centre for International Agricultural Research established by the Australian Centre for International Agricultural Research Act 1982 .

CEO means the Chief Executive Officer of the Centre.

commencement time means the time when this Schedule commences.

Commission has the same meaning as in the new law.

Director has the same meaning as in the old law.

instrument :

                     (a)  includes:

                              (i)  a contract, deed, undertaking or agreement; and

                             (ii)  a notice, authority, order or instruction; and

                            (iii)  an instrument made under an Act or regulations; and

                            (iv)  regulations; but

                     (b)  does not include an Act.

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.

new law means the Australian Centre for International Agricultural Research Act 1982 as in force immediately after the commencement time.

old law means the Australian Centre for International Agricultural Research Act 1982 as in force immediately before the commencement time.



 

Part 2 Assets, liabilities and legal proceedings

2  Vesting of assets of Centre

(1)        This item applies to the assets of the Centre immediately before the commencement time.

(2)        At the commencement time, the assets to which this item applies cease to be assets of the Centre and become assets of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these assets.

3  Vesting of liabilities of Centre

(1)        This item applies to the liabilities of the Centre immediately before the commencement time.

(2)        At the commencement time, the liabilities to which this item applies cease to be liabilities of the Centre and become liabilities of the Commonwealth without any conveyance, transfer or assignment. The Commonwealth becomes the successor in law in relation to these liabilities.

4  Certificates relating to vesting of land

(1)        This item applies if:

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

Note:       Certificates under paragraph (1)(b) are presumed to be authentic: see item 17.

(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.

5  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 Part; 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 Part.

Note:       Certificates under paragraph (1)(b) are presumed to be authentic: see item 17.

(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 Schedule.

6  Substitution of Commonwealth as a party to pending proceedings

If any proceedings to which the Centre was a party were pending in any court or tribunal immediately before the commencement time, the Commonwealth is substituted for the Centre, from the commencement time, as a party to the proceedings.

7  Transfer of custody of Centre or Board records

(1)        This item applies to any records or documents that, immediately before the commencement time, were in the custody of the Centre or the Board.

(2)        The records and documents are to be transferred into the custody of the CEO at or after the commencement time.



 

Part 3 Reference to, and things done by or in relation to, the Centre, the Director or the Board

8  References in instruments

References to Centre or Director taken to be references to CEO or Commonwealth

(1)        If:

                     (a)  an instrument is in force immediately before the commencement time; and

                     (b)  the instrument contains a reference to the Centre or to the Director;

the instrument has effect from the commencement time as if the reference were a reference to the CEO.

(2)        However, if:

                     (a)  an instrument is in force immediately before the commencement time; and

                     (b)  the instrument relates to assets or liabilities covered by item 2 or 3; and

                     (c)  the instrument refers to the Centre or to the Director;

the reference is to be read as a reference to the Commonwealth as necessary to give effect to item 2 or 3, as the case requires.

References to Board taken to be references to Commission

(3)        If:

                     (a)  an instrument is in force immediately before the commencement time; and

                     (b)  the instrument contains a reference to the Board;

the instrument has effect from the commencement time as if the reference were a reference to the Commission.

Minister and regulations may provide otherwise

(4)        The Minister may, by writing, determine that subitem (1), (2) or (3):

                     (a)  does not apply in relation to a specified reference; or

                     (b)  applies as if:

                              (i)  in the case of subitem (1)—the reference in that subitem to the CEO were a reference to the Commonwealth; or

                             (ii)  in the case of subitem (2)—the reference in that subitem to the Commonwealth were a reference to the CEO; or

                            (iii)  in the case of subitem (3)—the reference in that subitem to the Commission were a reference to the CEO.

A determination under this subitem has effect accordingly.

(5)        The regulations may provide that an instrument containing a reference specified in a determination under paragraph (4)(a) has effect from the commencement time as if:

                     (a)  in the case of an instrument covered by subitem (1)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or

                     (b)  in the case of an instrument covered by subitem (2)—the reference were a reference to a specified person or body other than the Commonwealth or the CEO; or

                     (c)  in the case of an instrument covered by subitem (3)—the reference were a reference to a specified person or body other than the Commission or the CEO.

Determinations are not legislative instruments

(6)        A determination under subitem (4) is not a legislative instrument.

9  Operation of laws

Things done by Centre or Director taken to be done by CEO

(1)        If, before the commencement time, a thing was done by, or in relation to, the Centre or the Director, then, for the purposes of the operation of any law of the Commonwealth after the commencement time, the thing is taken to have been done by, or in relation to, the CEO.

(2)        For the purposes of subitem (1), a thing done before the commencement time under a provision that is amended by this Act has effect from that time as if it were done under that provision as amended. However, this is not taken to change the time at which the thing was actually done.

Minister and regulations may provide otherwise

(3)        The Minister may, by writing, determine that subitem (1):

                     (a)  does not apply in relation to a specified thing done by, or in relation to, the Centre or the Director; or

                     (b)  applies as if the reference in that subitem to the CEO were a reference to the Commonwealth.

A determination under this subitem has effect accordingly.

(4)        The regulations may provide for a thing specified in a determination under paragraph (3)(a) to be taken to have been done by, or in relation to, a specified person or body other than the Commonwealth or the CEO.

Meaning of doing

(5)        To avoid doubt, for the purposes of this item, doing a thing includes making an instrument.

Determinations are not legislative instruments

(6)        A determination made under subitem (3) is not a legislative instrument.

10  Reporting requirements

Future reporting requirements

(1)        If:

                     (a)  immediately before the commencement time, a law required the Centre, the Director or the Board to provide a report (whether financial statements or otherwise) for a period; and

                     (b)  the period ends after the commencement time;

the CEO 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 CEO is required to provide a report for a part of a period; and

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

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

Outstanding reporting requirements

(3)        If:

                     (a)  a law required the Centre, the Director or the Board 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 CEO must provide the report as required.

Application of law to CEO

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



 

Part 4 CEO, staff and consultants

11  CEO

(1)        The person holding office as the Director under section 24 of the old law immediately before the commencement time is taken, at the commencement time, to have been duly appointed as the CEO by the Governor-General under section 24 of the new law:

                     (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)        This item does not prevent those terms and conditions being varied after the commencement time.

12  Staff of the Centre

(1)        A person who was a member of the staff of the Centre immediately before the commencement time is taken, at the commencement time, to have been engaged by the CEO as a member of the staff of the Centre.

(2)        The person is taken to have been engaged on the same terms and conditions as applied to the person immediately before the commencement time.

(3)        This item does not prevent those terms and conditions being varied after the commencement time.

13  Arrangements relating to external staff

An arrangement in force under section 31 of the old law immediately before the commencement time continues in force after that time as if it had been entered into under section 31 of the new law.

14  Consultants

(1)        A person in respect of whom an engagement was in force under section 32 of the old law immediately before the commencement time is taken, at the commencement time, to have been engaged as a consultant under section 32 of the new law.

(2)        The person is taken to have been engaged on the same terms and conditions as applied to the person immediately before the commencement time.

(3)        This item does not prevent those terms and conditions being varied after the commencement time.



 

Part 5 Other matters

15  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.

16  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.

17  Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Schedule:

                     (a)  is taken to be such a certificate; and

                     (b)  is taken to have been properly given;

unless the contrary is established.

18  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 CEO.

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

19  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.

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 10 May 2007

Senate on 12 June 2007 ]

(50/07)