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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian Law Reform
Commission (Repeal, Transitional and Miscellaneous) Bill
1996
No. ,
1996
(Attorney-General)
A
Bill for an Act to repeal the Law Reform Commission Act 1973 and to deal
with transitional and consequential matters arising from the repeal of that Act
and the enactment of the Australian Law Reform Commission Act 1996, and
for related purposes
9606620—975/18.6.1996—(66/96) Cat.
No. 96 4735 X ISBN 0644 444169
Contents
Administrative Appeals Tribunal Act
1975 6alrcrh1.html
Law Reform Commission Act 1973 6alrcrh1.html
A Bill for an Act to
repeal the Law Reform Commission Act 1973
and to deal with transitional and consequential matters arising from the repeal
of that Act and the enactment of the Australian Law Reform Commission Act
1996, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Law Reform Commission (Repeal,
Transitional and Miscellaneous) Act 1996.
(1) Subject to this section, this Act commences on the same day as the
Australian Law Reform Commission Act 1996.
(2) If the Commonwealth Authorities and
Companies Act 1996 commences on the same day as, or after, the Australian
Law Reform Commission Act 1996, Schedule 1 commences immediately after the
Commonwealth Authorities and Companies Act 1996 commences.
(3) If the Commonwealth Authorities and Companies Act 1996
commences before the Australian Law Reform Commission Act 1996, Schedule
1 commences immediately after the Australian Law Reform Commission Act
1996 commences.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
In this Part, unless the contrary intention appears:
ALRC means the Australian Law Reform Commission established
by the ALRC Act.
ALRC Act means the Australian Law Reform Commission Act
1996.
assets means any legal or equitable assets or interests in
real or personal property, whether actual, contingent or prospective, and
includes all rights, powers, privileges and immunities, whether actual,
contingent or prospective.
commencement time means the time when this Part
commences.
instrument includes a document and an oral
agreement.
liabilities means all liabilities and obligations, whether
actual, contingent or prospective.
LRC means the Law Reform Commission established by the LRC
Act.
LRC Act means the Law Reform Commission Act
1973.
LRC Deputy President means the person who held office as
Deputy President of the LRC immediately before the commencement time.
LRC member means a person who held office as a member of the
LRC immediately before the commencement time, except the LRC President and the
LRC Deputy President.
LRC President means the person who held office as President
of the LRC immediately before the commencement time.
LRC staff member means a person appointed under section 22 of
the LRC Act.
(1) The LRC President becomes the ALRC President at the commencement
time.
(2) The LRC Deputy President becomes the ALRC Deputy President at the
commencement time.
(3) Each LRC member becomes an ALRC member at the commencement
time.
(4) A person who becomes the ALRC President or an ALRC member under this
section holds that office:
(a) on the same terms and conditions as applied to his or her appointment
as LRC President or LRC member, as the case may be, immediately before the
commencement time; and
(b) for the unexpired part of the term of his or her
appointment.
(5) The person who becomes the ALRC Deputy President under this section
holds that office:
(a) on the same terms and conditions as applied to his or her appointment
as LRC Deputy President immediately before the commencement time; and
(b) for a term ending on 13 December 2000.
(6) This section does not prevent the terms and conditions referred to in
subsections (4) and (5) being varied after the commencement time.
(1) Each LRC staff member becomes a member of the staff of the ALRC at the
commencement time.
(2) A person who becomes a member of the staff of the ALRC under this
section:
(a) must be employed on terms and conditions that are not less favourable
than the terms and conditions that applied to the person’s employment as
an LRC staff member; and
(b) is entitled to retain, as a member of the staff of the ALRC, all the
benefits that had accrued to the person in respect of his or her employment as
an LRC staff member, as if those benefits had accrued in respect of his or her
employment as a member of the staff of the ALRC.
(3) This section does not prevent terms and conditions of employment being
varied after the commencement time.
The assets and liabilities of the LRC become the assets and liabilities
of the ALRC at the commencement time.
(1) Each LRC instrument continues to have effect according to its tenor
after the commencement time as if a reference in the instrument to the LRC were
a reference to the ALRC.
(2) In this section:
LRC instrument means an instrument in operation immediately
before the commencement time:
(a) to which the LRC is a party; or
(b) which was given to, or in favour of, the LRC; or
(c) in which a reference is made to the LRC; or
(d) under which any right or liability accrues, or may accrue, to the
LRC.
If, immediately before the commencement time, the LRC was a party to
proceedings pending or existing in any court or tribunal, the ALRC is
substituted for the LRC in the proceedings at the commencement time, and has the
same rights and obligations in the proceedings as the LRC had.
(1) A reference by the Attorney-General to the LRC under the LRC Act that
had not been finally dealt with by the LRC immediately before the commencement
time continues to have effect after that time as if it had been made to the ALRC
under the ALRC Act.
(2) A direction by the Attorney-General to the LRC given under a provision
of the LRC Act and in force immediately before the commencement time continues
to have effect after that time as if it had been given to the ALRC under the
equivalent provision of the ALRC Act.
(3) If, immediately before the commencement time, the LRC had not complied
with a requirement made by a House of the Parliament, or by a Committee of
either House or both Houses, under section 9 of the LRC Act, the requirement
continues to have effect after that time as if it had been made under section 26
of the ALRC Act.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) In particular, regulations may be made in relation to transitional
matters arising out of the abolition of the LRC and its replacement by the ALRC,
or otherwise arising out of the enactment of this Act, the ALRC Act or the
Commonwealth Authorities and Companies Act 1996.
1 At the end of subsection
5(2)
Add:
Note: The Commonwealth Authorities and Companies Act
1996 applies to the Commission. That Act deals with matters relating to
Commonwealth authorities, including reporting and accountability, banking and
investment, and conduct of executive officers.
2 Paragraph 17(2)(b)
Repeal the paragraph, substitute:
(b) the member fails, without reasonable excuse, to comply with section 21
of the Commonwealth Authorities and Companies Act 1996 or section 39 of
this Act.
3 After subsection 17(3)
Insert:
(3A) If the Attorney-General is satisfied that the members who comprise
the Board (except the President) have, without reasonable excuse, failed to
comply with subsection 13(3) of the Commonwealth Authorities and Companies
Act 1996, or with paragraph 16(1)(a) or (b) of that Act, the
Attorney-General may terminate the appointment of some or all of those
members.
4 Subsection 17(4)
Omit “(2) and (3)”, substitute “(2), (3) and
(3A)”.
5 At the end of section 26
Add:
(4) This section does not affect the application of section 28 of the
Commonwealth Authorities and Companies Act 1996 in relation to the
Commission.
6 At the end of section 31
Add:
(2) This section has effect subject to the Commonwealth Authorities and
Companies Act 1996.
7 Section 33
Repeal the section.
8 Subsection 39(1)
Omit “direct or indirect pecuniary”, substitute “material
personal”.
9 Subsection 39(4)
Omit “direct or indirect pecuniary”, substitute “material
personal”.
10 Subsections 45(3), (4) and
(5)
Repeal the subsections.
11 At the end of section 47
Add:
(2) Subsection (1) does not prevent the investment of surplus money of the
Commission under section 18 of the Commonwealth Authorities and Companies Act
1996.
12 Section 48
Repeal the section.
Administrative
Appeals Tribunal Act 1975
1 At the end of paragraphs 49(1)(a) and
(b)
Add “and”.
2 Paragraph 49(1)(c)
Repeal the paragraph, substitute:
(c) the President of the Australian Law Reform Commission established by
the Australian Law Reform Commission Act 1996; and
Law
Reform Commission Act 1973
3 The whole of the Act
Repeal the Act.