Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
ANL Sale Bill 1998

Part 4 Transitional and saving provisions

Division 1 Long service leave

47   Interpretation

             (1)  Unless the contrary intention appears, expressions used in this Division that are also used in the Long Service Leave Act have the same meanings in this Division as in that Act.

             (2)  In this Division:

combined service period , in relation to an employee, means the total of:

                     (a)  the period that was, immediately before the sale day, the employee’s period of service for the purposes of the Long Service Leave Act; and

                     (b)  the period starting on the sale day during which the employee continues to be an employee of an ANL body.

employee includes a person employed in a full-time or a part-time capacity.

law means:

                     (a)  a law of the Commonwealth, a State or a Territory; or

                     (b)  regulations or any other instrument (other than an award, determination or industrial agreement) made under such a law.

post-sale long service leave rights , in relation to an employee, means any long service leave rights an employee acquires under an award, determination, industrial agreement or law (other than this Act) on or after the sale day in relation to service on or after that day.

48   Long service leave for employees with less than 10 years service

             (1)  This section provides that, in certain circumstances, an ANL body may grant long service leave to an employee whose period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (2)  This section applies in relation to a person who was an employee of ANL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (3)  This section does not apply in relation to an employee who dies while in the employment of an ANL body. Section 50 applies to such employees.

             (4)  If the employee continues to be employed by an ANL body on and after the sale day until his or her combined service period is at least 10 years, the ANL body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 51(1).

             (5)  If:

                     (a)  the employee ceases to be an employee of an ANL body, on or after reaching the minimum retirement age, or because of retrenchment; and

                     (b)  the employee’s combined service period at the time when he or she ceases to be an employee of the ANL body is at least one year;

the ANL body may grant the employee long service leave on full salary for a period of up to the employee’s long service leave credit under subsection 51(1).

             (6)  If a period of long service leave may be granted to an employee under subsection (4) or (5), the ANL body may, if the employee asks in writing, grant the employee long service leave on half salary for a period that is not more than twice the first-mentioned period.

             (7)  Long service leave granted in the circumstances set out in subsection (5) is to be taken so as to end immediately before the employee ceases to be an employee.

             (8)  For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 20 of the Long Service Leave Act if:

                     (a)  that section applied to the employee; and

                     (b)  for the expression “section 16 or 17” in that section there were substituted the expression “section 49 of the ANL Sale Act 1998 ”.

49   Payments in lieu of long service leave for employees with less than 10 years service

             (1)  This section provides that, in certain circumstances, an ANL body must pay an amount in respect of long service leave to an employee who has not used all of his or her long service leave credit by taking long service leave under section 48.

             (2)  This section applies in relation to a person who was an employee of ANL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (3)  This section does not apply in relation to an employee who dies while in the employment of an ANL body. Section 50 applies to such employees.

             (4)  Subject to subsection (7), if the employee ceases to be an employee of an ANL body on or after the day on which his or her combined service period reaches 10 years, the ANL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 51(2).

             (5)  Subject to subsection (7), if:

                     (a)  the employee ceases to be an employee of an ANL body, on or after reaching the minimum retiring age, or because of retrenchment; and

                     (b)  the employee’s combined service period at the time when he or she ceases to be an employee of the ANL body is at least one year;

the ANL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 51(2).

             (6)  Subject to subsection (7), if:

                     (a)  the employee ceases to be an employee of an ANL body; and

                     (b)  the ANL body is satisfied that the employee left the ANL body because of ill-health that justified his or her so leaving; and

                     (c)  when the employee left, his or her combined service period was at least one year;

the ANL body must pay him or her an amount equal to full salary in respect of his or her long service leave credit under subsection 51(2).

             (7)  An employee may, by written notice given to an ANL body before the employee ceases to be an employee of the ANL body:

                     (a)  request the ANL body not to make a payment to the employee under this section; or

                     (b)  request the ANL body to make a payment under subsection (4), (5) or (6) of a stated amount that is less than the amount that would otherwise be payable under that subsection.

             (8)  The ANL body must comply with a request made under subsection (7).

             (9)  For the purposes of this section, the rate of salary to be used in working out the full salary of an employee is the rate that would be applicable to the employee under section 21 of the Long Service Leave Act if:

                     (a)  that section applied to the employee; and

                     (b)  for the expression “sections 16 and 17” in that section there were substituted the expression “section 49 of the ANL Sale Act 1998 ”.

50   Payments on the death of an employee

             (1)  This section applies in relation to a person who was an employee of ANL immediately before the sale day if, at that time, the employee’s period of service for the purposes of the Long Service Leave Act was less than 10 years.

             (2)  If, on or after the sale day, the employee dies and, immediately before his or her death:

                     (a)  the employee was an employee of an ANL body; and

                     (b)  the employee’s combined service period was at least one year; and

                     (c)  the employee had one or more dependants;

the ANL body must make a payment to a dependant, or to 2 or more dependants, of the employee.

             (3)  The total amount of the payment or payments is the amount that would have been payable to the employee under section 49 if, on the day of his or her death, the employee had ceased to be an employee of the ANL body on or after reaching the minimum retiring age.

             (4)  If subsection (2) applies, section 23 of the Long Service Leave Act has effect as if:

                     (a)  that section applied to an employee of an ANL body; and

                     (b)  a reference in that section to the approving authority were a reference to the ANL body; and

                     (c)  for the expression “this Act” in that section there were substituted the expression “section 50 of the ANL Sale Act 1998 ”; and

                     (d)  for the expression “subsection 16(7) or 17(5)” in that section there were substituted the expression “section 50 of the ANL Sale Act 1998 ”.

51   Employee’s long service leave credit for the purposes of sections 48 and 49

             (1)  For the purposes of section 48, an employee’s long service leave credit is equal to the long service leave credit that the employee would have under the Long Service Leave Act for the period:

                     (a)  starting when the employee started his or her period of service; and

                     (b)  ending on the sale day;

if the employee had been retrenched on the sale day.

             (2)  For the purposes of section 49, an employee’s long service leave credit is the employee’s long service leave credit worked out under subsection (1) of this section reduced by any long service leave credit used under section 48.

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

                   To avoid doubt, it is declared that this Division does not affect an employee’s post-sale long service leave rights.

53   Saving—Long Service Leave Act

                   If, immediately before the sale day, the period of service under the Long Service Leave Act of an employee of ANL was at least 10 years, then:

                     (a)  the employee’s accrued rights under the Long Service Leave Act continue; and

                     (b)  the Long Service Leave Act has effect on and after the sale day in relation to the employee as if ANL were an approving authority for the purposes of that Act.



 

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

54   Interpretation

                   Unless the contrary intention appears, expressions used in this Division that are also used in the SRC Act have the same meanings in this Division as in that Act.

55   Continued application of SRC Act

                   If an ANL body ceases to be a Commonwealth authority for the purposes of the SRC Act, the SRC Act continues to apply in relation to the ANL body to the extent, and in the manner, set out in this Division.

56   Operation of SRC Act in relation to employees and former employees of an ANL body

             (1)  The SRC Act continues to apply, on and after the sale day, in relation to:

                     (a)  injuries suffered by employees of an ANL body before the sale day; and

                     (b)  loss of, or damage to, property incurred by employees of an ANL body before the sale day;

including employees who ceased to be employees of an ANL body before the sale day.

             (2)  For the purposes of subsection (1), the SRC Act continues to apply as if:

                     (a)  the ANL body continued to be a Commonwealth authority; and

                     (b)  the chief executive officer of the ANL body (however described) continued to be the principal officer of a Commonwealth authority.

57   Operation of Division 4A of Part VII of the SRC Act

             (1)  On and after the sale day, Division 4A of Part VII of the SRC Act applies to an ANL body as if:

                     (a)  the ANL body continues to be a Commonwealth authority; and

                     (b)  the ANL body is not required to pay a premium under that Division in respect of the part of a financial year that occurs after the sale day; and

                     (c)  the following word and paragraph were added at the end of subsection 96H(1) of the SRC Act:

                ; or (f)  in the case of an authority—the authority is not required to pay a premium under this Division in respect of part of a financial year.

             (2)  If, 60 days after the sale day, an amount of premium payable by an ANL body to Comcare in respect of the period before the sale day remains unpaid, the amount is a debt due to the Commonwealth by the ANL body and payable to Comcare.

58   Operation of Part VIIIA of the SRC Act

                   On and after the sale day, Part VIIIA of the SRC Act continues to apply to an ANL body as if any licence granted to the ANL body under that Part were revoked on the sale day.

59   Operation of section 128A of the SRC Act

                   On and after the sale day, section 128A of the SRC Act continues to apply to ANL as if ANL were still a prescribed Commonwealth authority for the purposes of that section.

60   Notification of amount of salary etc. paid to employees of an ANL body

             (1)  This section applies to an ANL body that was a Commonwealth authority immediately before the sale day.

             (2)  The chief executive officer (however described) of the ANL body must notify the Commission, within 28 days after the sale day, of the amount of salary, wages or pay paid to employees of the ANL body in the period starting on 1 July in the financial year in which the sale day occurred and ending on the day before the sale day.

61   Refund of licence fee paid under the SRC Act

             (1)  If an ANL body has paid a licence fee in respect of the licence fee year in which the sale day occurs under section 107R of the SRC Act, the ANL body is entitled to be paid an amount equal to the amount worked out using the following formula:

where:

licence fee means the fee paid under section 107R of the SRC Act in respect of the licence fee year in which the sale day occurs.

number of refund days means the total number of days in the period beginning on the sale day and ending on the last day of the licence fee year in which the sale day occurs.

             (2)  An amount to which an ANL body is entitled under subsection (1) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (3)  In this section:

licence fee year means the year beginning on the starting date of a licence granted under section 107J of the SRC Act and ending on the day before the anniversary of that date.

62   Amendment of declarations under the SRC Act

             (1)  A notice published in the Gazette before the sale day that declares an ANL body to be a body corporate to which the SRC Act applies for the purposes of the definition of Commonwealth authority in subsection 4(1) of the SRC Act has effect on and after the sale day as if it did not contain a reference to the ANL body.

             (2)  Subsection (1) does not prevent the declaration, as affected by that subsection, being amended or revoked by the Minister administering the SRC Act.



 

Division 3 Retirement benefits

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

             (1)  This section applies if, immediately before the sale day, an employee of an ANL body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973 .

             (2)  For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 , the employee is taken to continue in public employment, on and after the sale day, while the employee continues to be employed by an ANL body.

             (3)  This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

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

             (1)  This section applies if, immediately before the sale day, a particular period of employment of a person by an ANL body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 .

             (2)  If employment by the ANL body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.

65   Application of the Superannuation Act 1922

                   On and after the sale day, section 145 of the Superannuation Act 1922 does not apply in relation to an ANL body.

66   Application of the Superannuation Act 1976

                   On and after the sale day, an ANL body is not an approved authority for the purposes of the Superannuation Act 1976 .

67   Application of the Superannuation Act 1990

                   On and after the sale day, an ANL body is not an approved authority for the purposes of the Superannuation Act 1990 .



 

Division 4 Other transitional and saving provisions

68   ANL employees not on maternity leave immediately before the sale day

             (1)  This section applies if:

                     (a)  immediately before the sale day, a woman was an employee of ANL; and

                     (b)  within 12 months after the sale day, the woman would have been entitled to begin leave granted under the Maternity Leave Act if ANL had continued to be a prescribed authority for the purposes of that Act.

             (2)  On and after the sale day, the Maternity Leave Act continues to apply to the woman in relation to the confinement in respect of which she would have been entitled to leave as if ANL continued to be a prescribed authority for the purposes of that Act.

             (3)  This section does not confer rights on a person who, immediately before the sale day, had no entitlement to benefits under the Maternity Leave Act because of the operation of subregulation 6(2) of the Maternity Leave (Commonwealth Employees) Regulations.

69   ANL employees on maternity leave on the sale day

             (1)  This section applies if:

                     (a)  immediately before the sale day, a woman was an employee of ANL; and

                     (b)  on the sale day, the woman is on leave granted under the Maternity Leave Act.

             (2)  On and after the sale day, the Maternity Leave Act continues to apply to the woman in relation to the confinement in respect of which the leave was granted as if ANL continued to be a prescribed authority for the purposes of that Act.

70   Saving— Crimes (Superannuation Benefits) Act 1989

             (1)  Subject to this section, if a person who was an employee of an ANL body before the sale day committed a corruption offence while such an employee, then, on and after the sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the ANL body continued to be a Commonwealth authority.

             (2)  A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ANL body on or after the sale day.

             (3)  A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ANL body is not a superannuation scheme for the purposes of the Crimes (Superannuation Benefits) Act 1989 in respect of a corruption offence committed by a person on or after the sale day.

             (4)  Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only order that an amount be paid to the Commonwealth.

             (5)  If:

                     (a)  a person who was an employee of ANL before the sale day committed a corruption offence while such an employee; and

                     (b)  the person was paid benefits before, on or after that day out of the Consolidated Revenue Fund;

then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989 , an order under that paragraph may only order that an amount be paid to the Commonwealth.

             (6)  Unless the contrary intention appears, expressions used in this section that are also used in the Crimes (Superannuation Benefits) Act 1989 have the same meanings in this section as in that Act .

71   Saving— Director of Public Prosecutions Act 1983

                   Even though the Director of Public Prosecutions Act 1983 ceases to apply to certain acts, omissions or proceedings in connection with an ANL body because the ANL body ceases to be an authority of the Commonwealth for the purposes of that Act, that Act continues on and after the sale day to apply in relation to:

                     (a)  acts or omissions in connection with an ANL body that occurred before the sale day; and

                     (b)  the taking of civil remedies connected with or arising out of a prosecution that relates to acts or omissions referred to in paragraph (a).

72   Saving— Judiciary Act 1903

             (1)  Despite section 75 of this Act, the relevant provision of the Judiciary Act 1903 continues to apply in relation to:

                     (a)  any proceedings to which ANL is a party that were started before the commencement of this section; and

                     (b)  any matter in relation to which ANL gave written instructions before the commencement of this section to the Australian Government Solicitor;

as if ANL were a body established by an Act.

             (2)  In this section:

relevant provision of the Judiciary Act 1903 means:

                     (a)  if item 4 of Schedule 1 to the Judiciary Amendment Act 1998 has commenced before the commencement of this section—section 55N of the Judiciary Act 1903 ; or

                     (b)  in any other case—section 55E of the Judiciary Act 1903 .

73   Saving— Proceeds of Crime Act 1987

             (1)  Despite the amendment of the Proceeds of Crime Regulations by subsection 46(1) of this Act, section 34C of the Proceeds of Crime Act 1987 continues to apply in relation to relevant offences that caused financial loss to ANL and were committed before the sale day as if ANL continued to be a GBE.

             (2)  Unless the contrary intention appears, expressions used in this section that are also used in the Proceeds of Crime Act 1987 have the same meanings in this section as in that Act.