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This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.
Commencement
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This Act may be cited as the Australian Trade Commission (Transitional Provisions and Consequential Amendments) Act 1985.
Commencement
(1) Subject to sub-sections (2) and (3), this Act shall come into operation on the commencing day.
(2) Sections 1, 2, 3, 4, 12, 19, 32 and 61 shall come into operation on the day on which this Act receives the Royal Assent.
(3) The amendment made by section 34 shall be deemed to have come into operation on 20 May 1985.
Expressions defined in Australian Trade Commission Act 1985
Except as otherwise provided, expressions used in this Act have the same meaning as they have for the purposes of the Australian Trade Commission Act 1985.
Interpretation
In this Act, unless the contrary intention appears—
“assets” means property of every kind and, without limiting the generality of the foregoing, includes—
choses in action; and
rights, interests and claims of every kind in or to property, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing;
“Assistant Trade Commissioner” means an Assistant Trade Commissioner appointed pursuant to section 3 of the Trade Commissioners Act;
“Australian Public Service employee” means a person employed under Division 10 of Part III of the Public Service Act 1922;
“authorised officer” means—
the Minister;
the Managing Director, the Deputy Managing Director, an acting Managing Director or an acting Deputy Managing Director; or
a person employed by the Commission;
“employee of the Insurance Corporation” means a person employed under section 63 of the Insurance Corporation Act;
“employee of the Projects Corporation” means a person engaged under section 31 of the Projects Corporation Act;
“Grants Board” means the Export Development Grants Board established under the Export Market Development Grants Act 1974;
“instrument” includes a contract, guarantee or agreement (whether express or implied and whether made or given orally or in writing), bond, authority, order, power of attorney, mortgage, transfer, conveyance or other assurance, charge, lien, bill of lading, bill of exchange, letter of credit or security;
“Insurance Corporation Act” means the Export Finance and Insurance Corporation Act 1974;
“liabilities” means liabilities of every kind and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing;
“officer of the Australian Public Service” means a person appointed or transferred to the Australian Public Service but does not include an Australian Public Service employee;
“officer of the Insurance Corporation” means a person appointed under section 61 of the Insurance Corporation Act;
“Projects Corporation Act” means the Australian Overseas Projects Corporation Act 1978;
“relevant instrument” means an instrument—
to which the Insurance Corporation or the Projects Corporation is a party;
which relates to a function assumed by the Commission and to which the Commonwealth is a party;
which was given to or in favour of the Insurance Corporation or the Projects Corporation;
which relates to a function assumed by the Commission and which was given to or in favour of the Commonwealth;
in which a reference is made to the Insurance Corporation or to the Projects Corporation; or
under which money is or may become payable, or any other property is to be, or may become liable to be, transferred, conveyed or assigned, to or by the Insurance Corporation or the Projects Corporation, being an “instrument subsisting immediately before the commencing day;
“Trade Commissioner” means a Trade Commissioner appointed pursuant to section 3 of the Trade Commissioners Act;
“Trade Commissioner Office employee” means a person who, immediately before the commencing day, held an appointment under section 10 of the Trade Commissioners Act;
“Trade Commissioners Act” means the Trade Commissioners Act 1933.
PART II—REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS CONCERNING INSURANCE CORPORATION AND PROJECTS CORPORATION
Repeal of Acts
The Acts specified in Schedule 1 are repealed.
Saving of applications made to, and declarations concerning business of, Insurance Corporation
(1) Where applications for contracts of insurance, contracts of indemnity, guarantees or loans have been received by the Insurance Corporation before the commencing day, but have not been finally dealt with by the Corporation before that day, those applications shall—
be deemed, for the purposes of this Act and of the Australian Trade Commission Act 1985, to have been received by the Commission on the commencing day;
be dealt with by the Commission under the relevant provisions of the Australian Trade Commission Act 1985; and
in the case of such of those applications (if any) as the Corporation had not, before the commencing day, commenced to deal with—be dealt with, so far as is practicable, in the order in which those applications were received by the Corporation.
(2) A declaration by the Board of the Insurance Corporation under section 28 of the Insurance Corporation Act specifying a cause of loss as an approved cause of loss for the purposes of Division 4 of Part III of that Act, being a declaration that was in force immediately before the commencing day, shall, on and after that day, be treated as if it were a declaration made by the Commission to the same effect under section 45 of the Australian Trade Commission Act 1985.
(3) A declaration by the Minister under sub-section 37 (2) of the Insurance Corporation Act to the effect that specified goods, or goods included in a specified class of goods, are capital goods for the purposes of section 37 of that Act, being a declaration that was in force immediately before the commencing day, shall, on and after that day, be treated as if it were a declaration made by the Minister to the same effect for the purposes of sub-section 33 (3) of the Australian Trade Commission Act 1985.
National interest insurance contracts entered into, and guarantees given, by Insurance Corporation
Where the Insurance Corporation had informed the Minister by notice under sub-section 20 (6), 21 (6), 24 (6), 32 (2) or 35 (6) of the Insurance Corporation Act that the Corporation proposed to bear a proportion of the liability of the Corporation under a contract of insurance, a contract of indemnity or a guarantee, being a contract of insurance or a contract of indemnity that the Corporation was empowered to enter into under section 20, 32 or 35c of that Act or a guarantee that that Corporation was empowered to give under section 21, 24 or 35 of that Act—
the Commission may, if the amount of any receipts that it is required to pay to the Commonwealth under sub-section 86 (3) of the Australian Trade Commission Act 1985 includes receipts arising out of that contract or the guarantee, deduct from that amount such proportion of the receipts of the Commission arising out of that contract or that guarantee as is equal to the proportion specified in the notice; and
there shall be deducted from an amount required under sub-section 86 (4) of the Australian Trade Commission Act 1985 to be paid by the Commonwealth to the Commission in respect of that contract or that guarantee such proportion of that amount as is equal to the proportion so specified.
National interest loans entered into by Insurance Corporation
Where the Insurance Corporation had informed the Minister, by notice under sub-section 41 (6) of the Insurance Corporation Act, that the Corporation proposed to provide a proportion of the money to be lent
under a loan the making of which was approved by the Minister under sub-section 41 (3) of that Act—
the Commission may, if the amount of any receipts that it is required to pay the Commonwealth under sub-section 87 (3) of the Australian Trade Commission Act 1985 includes receipts arising out of that loan, deduct from that amount such proportion of the receipts of the Commission arising out of that loan as is equal to the proportion specified in the notice; and
there shall be deducted from an amount required under sub-section 87 (4) of the Australian Trade Commission Act 1985 to be paid by the Commonwealth to the Commission in respect of that loan such proportion of that amount as is equal to the proportion so specified.
Final report under Projects Corporation Act
(1) Notwithstanding the repeal of the Projects Corporation Act effected by section 5 of this Act, the Board, as constituted immediately before the commencing day, shall, for the purposes of preparing and furnishing to the Minister the report and the financial statements referred to in sub-section (2), continue in existence until it has furnished that report and those financial statements.
(2) The Board shall, as soon as practicable after the commencing day, prepare and furnish to the Minister a report of the operations of the Projects Corporation during the period that commenced on 1 July 1985 and ended immediately before the commencing day together with financial statements in respect of that period in such form as the Minister for Finance approves and sub-sections 47 (2), (3) and (4) of the Projects Corporation Act apply, in respect of that report and those financial statements, as if—
those sub-sections had not been repealed;
that report and those financial statements had been prepared and furnished under sub-section 47 (1) of the Projects Corporation Act; and
the period to which that report and those financial statements relate were a year that ended on 30 June.
(3) The Commission shall, during the period during which the Board continues in existence by virtue of sub-section (1), pay to the members of the Board, other than a member of the Board who is Managing Director or Deputy Managing Director of the Commission or who is employed by the Commission, in respect of the preparation of the report and the financial statements referred to in sub-section (2), such remuneration and allowances as the Minister, by notice in writing given to the Commission, determines to be appropriate.
(4) In this section, unless the contrary intention appears, “Board” means the Australian Overseas Projects Corporation Board that was established by section 11 of the Projects Corporation Act.
Final report and quarterly return under Insurance Corporation Act
(1) Notwithstanding the repeal of the Insurance Corporation Act effected by section 5 of this Act—
the Board, as constituted immediately before the commencing day, shall, for the purpose of preparing and furnishing to the Minister the report and financial statements referred to in sub-section (2), continue in existence until it has furnished that report and these financial statements; and
the Insurance Corporation shall, for the purpose of forwarding to the Minister the return referred to in sub-section (3), continue in existence until it has forwarded that return.
(2) The Board shall, as soon as practicable after the commencing day, prepare and furnish to the Minister a report of the operations of the Insurance Corporation during the period that commenced on 1 July 1985 and ended immediately before the commencing day together with financial statements in respect of that period in such form as the Minister for Finance approves and sub-sections 88 (2), (3) and (4) of the Insurance Corporation Act apply, in respect of that report and those financial statements, as if—
those sub-sections had not been repealed;
that report and those financial statements were prepared and furnished under sub-section 88 (1) of the Insurance Corporation Act; and
the period to which that report and those financial statements relate were a year that ended on 30 June.
(3) The Insurance Corporation shall, as soon as practicable after the commencing day, forward to the Minister a return of the kind referred to in section 89 of the Insurance Corporation Act in respect of the period commencing on 1 October 1985 and ending immediately before the commencing day (in this sub-section referred to as the “final period”) and that section applies in respect of that return as if—
that section had not been repealed; and
the final period were a period of 3 months ending on 31 December.
(4) The Commission shall, during the period during which the Board continues in existence by virtue of sub-section (1), pay to the members of the Board, other than a member of the Board who is Managing Director or Deputy Managing Director of the Commission or who is employed by the Commission, in respect of the preparation of the report and the financial statements referred to in sub-section (2), such remuneration and allowances as the Minister, by notice in writing given to the Commission, determines to be appropriate.
(5) In this section, unless the contrary intention appears, “Board” means the Export Finance and Insurance Corporation Board that was established by section 42 of the Insurance Corporation Act.
Transitional provisions specified in Schedule 2
(1) A reference in a provision of the Australian Trade Commission Act 1985 specified in column 1 of Schedule 2 to a matter or thing specified in column 2 of that Schedule opposite to the provision so specified shall be read as including a reference to a matter or thing specified in column 3 of that Schedule opposite to the provision so specified.
(2) Expressions used in column 3 of Part I of Schedule 2 have the same respective meanings as in the Insurance Corporation Act.
(3) Expressions used in column 3 of Part II of Schedule 2 have the same respective meanings as in the Projects Corporation Act.
PART III—STAFF
Minister may make declarations
(1) The Minister may, from time to time, by declaration published in the Gazette, declare that, with effect from a day specified in the declaration, being the commencing day or a later day, a specified class or specified classes of relevant persons are in the employment of the Commission.
(2) The Minister may, by declaration published in the Gazette, declare that, with effect from the commencing day, specified classes of Trade Commissioners, Assistant Trade Commissioners and Trade Commissioner Office employees are in the employment of the Commission.
(3) Where a person is included in a class of relevant persons specified in a declaration published pursuant to sub-section (1), or in a class of Trade Commissioners or Assistant Trade Commissioners or Trade Commissioner Office employees specified in a declaration published pursuant to sub-section (2), that person shall, from and including the day with effect from which the Minister has declared that class of persons to be in the employment of the Commission, be deemed, by force of this sub-section, to be employed by the Commission under section 60 of the Australian Trade Commission Act 1985.
(4) Where a person was, immediately before the commencing day—
an officer or employee of the Insurance Corporation; or
an employee of the Projects Corporation,
that person shall, from and including the commencing day, be deemed, by force of this sub-section, to be employed by the Commission under section 60 of the Australian Trade Commission Act 1985.
(5) Without limiting, by implication, the manner in which a class of relevant persons, Trade Commissioners, Assistant Trade Commissioners or Trade Commissioner Office employees may be described for the purposes of sub-section (1), that class may be described by reference to the functions that persons included in that class performed in carrying out their duties immediately before the day with effect from which the Minister declared that class of persons to be in the employment of the Commission.
(6) In this section, “relevant persons” means persons who are—
officers of the Australian Public Service; or
Australian Public Service employees,
being persons who perform duties in the Department.
Terms and conditions applicable to persons deemed to be employed by Commission
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