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This Act may be cited as the Hearing Services and AGHS Reform Act 1997.
Subject to this section, this Act commences on the day on which it receives the Royal Assent.
If Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997 does not commence before the day on which this Act receives the Royal Assent, the amendment of the definition of eligible employment services provider in subsection 6(1) of the Privacy Act 1988 made by this Act commences immediately after the commencement of Schedule 2 to the Reform of Employment Services (Consequential Provisions) Act 1997.
The following is a simplified outline of this Part:
• This Part provides for the corporatisation of the Australian Government Health Service (AGHS). AGHS was a part of the Department as at the commencement of this Part.
• In this Part, the new corporate structure for the operations of the AGHS is called the nominated company.
• The Commonwealth may transfer AGHS assets, contracts, liabilities and records to the nominated company.
• Provision is made for the transfer of pending proceedings.
• The balance of the Australian Government Health Service Trust Account will be transferred to the nominated company.
• The nominated company will be exempt from State and Territory taxes so long as the company is Commonwealth‑owned.
• The nominated company will not be treated as an agency of the Commonwealth.
In this Part, unless the contrary intention appears:
AGHS means Australian Government Health Service.
asset means:
any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
any right, power, privilege or immunity, whether actual, contingent or prospective.
Commonwealth‑owned, in relation to a company, has the meaning given by section 6.
contract includes:
a deed; and
a deed poll.
instrument includes a document.
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.
nominated company has the meaning given by section 5.
The Minister may, by writing, declare that a specified company is the nominated company for the purposes of this Part.
The company must:
be incorporated under the Corporations Act 2001; and
have a share capital.
The declaration has effect accordingly.
A copy of the declaration is to be published in the Gazette within 14 days after the making of the declaration.
For the purposes of this Part, a company is Commonwealth‑owned at a particular time if, and only if, all the shares in the company are beneficially owned by the Commonwealth at that time.
This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
This Part extends to all the external Territories.
This Part extends to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
This section applies to an asset of the Commonwealth that was used, is used, or is proposed to be used, by the AGHS.
The Minister may, by writing, make any or all of the following declarations:
a declaration that a specified asset vests in the nominated company at a specified time without any conveyance, transfer or assignment;
a declaration that a specified instrument relating to a specified asset continues to have effect after the asset vests in the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;
a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified asset immediately after the asset vests in the nominated company.
An asset or instrument may be specified by name, by inclusion in a specified class or in any other way.
A declaration under subsection (2) has effect accordingly.
A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.
A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.
Subsection (2) does not prevent the Commonwealth from transferring an asset to the nominated company otherwise than under that subsection.
This section applies to a contract (other than a contract of employment):
that related or relates to the AGHS; and
to which the Commonwealth is a party.
The Minister may, by writing, declare that the Commonwealth’s rights and obligations under a specified contract:
cease to be rights and obligations of the Commonwealth at a specified time; and
become rights and obligations of the nominated company at that time.
The Minister may, by writing, declare that a specified contract continues to have effect after a specified time as if a reference in the contract to the Commonwealth were a reference to the nominated company.
The Minister may, by writing, declare that a specified instrument relating to a specified contract continues to have effect, after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company, as if a reference in the instrument to the Commonwealth were a reference to the nominated company.
The Minister may, by writing, declare that the nominated company becomes the Commonwealth’s successor in law, in relation to the Commonwealth’s rights and obligations under a specified contract, immediately after the Commonwealth’s rights and obligations under the contract become rights and obligations of the nominated company.
A declaration under this section has effect accordingly.
A copy of a declaration under this section is to be published in the Gazette within 14 days after the making of the declaration.
A time specified under subsection (2) or (3) must be a time when the nominated company is Commonwealth‑owned.
This section does not, by implication, limit section 10.
A contract or instrument may be specified by name, by inclusion in a specified class or in any other way.
This section applies to a liability of the Commonwealth that related or relates to the AGHS.
The Minister may, by writing, make any or all of the following declarations:
a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the nominated company at a specified time;
a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the nominated company as if a reference in the instrument to the Commonwealth were a reference to the nominated company;
a declaration that the nominated company becomes the Commonwealth’s successor in law in relation to a specified liability immediately after the liability becomes a liability of the nominated company.
A declaration under subsection (2) has effect accordingly.
A copy of a declaration under subsection (2) is to be published in the Gazette within 14 days after the making of the declaration.
A time specified under paragraph (2)(a) must be a time when the nominated company is Commonwealth‑owned.
A liability or instrument may be specified by name, by inclusion in a specified class or in any other way.