Commonwealth Functions (Statutes Review) Act 1981

Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent.

Part III shall come into operation on 1 July 1981.

Section 172 shall come into operation on the day on which section 44 of the Commonwealth Teaching Service Act 1972 comes into operation.

Section 173 shall come into operation on the day on which section 46 of the Commonwealth Teaching Service Act 1972 comes into operation.

Section 225 shall come into operation on the day on which subsection 5(2) of the Navigation Amendment Act 1980 comes into operation.

Sections 226, 227 and 230 shall come into operation on the day on which section 18 of the Navigation Amendment Act 1980 comes into operation.

Section 228 shall come into operation on the day on which sections 61 and 62 of the Navigation Amendment Act 1980 come into operation.

Parts XIV and XVIII shall come into operation on the day on which the Petroleum Products Pricing Act 1981 comes into operation.

Part XIX shall come into operation on the day on which this Act receives the Royal Assent but the provisions of the Act amended by that Part shall come into operation as so amended in accordance with section 2 of that Act as so amended.

The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation.

The Authority shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Authority as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement.

An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Authority as are referred to in the agreement.

In an agreement entered into under subsection (1):

a reference to rights, property or assets of the Authority may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and

a reference to debts, liabilities or obligations of the Authority may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement.

For the purpose of facilitating the sale of the rights, property or assets of the Authority and winding up the affairs of the Authority, the Minister may give directions to the Authority in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Authority shall comply with any such directions.

If the Authority fails to comply with a direction given to it by the Minister under subsection (1), the Governor‑General may, by instrument in writing under his hand, remove any one or more of the members of the Authority from office.

Where the Governor‑General removes a member of the Authority from office under subsection (2), the Governor‑General may appoint another person as a member of the Authority in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Governor‑General.

If a member of the Authority who is removed from office by the Governor‑General under subsection (2) was the Chairman, or the Deputy Chairman, of the Authority, the Governor‑General may appoint another member of the Authority to be the Chairman, or the Deputy Chairman, of the Authority, as the case may be.

An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.

The Authority shall:

form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Authority; and

on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement:

transfer to the company such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser; and

cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser.

Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations.

If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.

An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect.

The Authority shall, on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser.

Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations.

If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee.

that person were substituted for the Authority as a party to each contract; and

any reference in such a contract to the Authority were (except in relation to matters that occurred before that time) a reference to that person;