Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2002 – 2003 - 2004
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
TOURISM AUSTRALIA
(REPEAL AND
TRANSITIONAL PROVISIONS) BILL 2004
EXPLANATORY MEMORANDUM
(Circulated by authority
of the Minister for Small Business and Tourism,
The Hon Joe Hockey
MP)
TOURISM AUSTRALIA (REPEAL AND TRANSITIONAL PROVISIONS) BILL
2004
GENERAL OUTLINE
This Bill is an adjunct to the
Tourism Australia Bill 2004. The Tourism Australia (Repeal and
Transitional Provisions) Bill 2004 has two main objectives. Firstly, the
Bill repeals the Australian Tourist Commission Act 1987.
Secondly,
the Transitional Bill puts in place arrangements to facilitate the merger of the
undertakings and employees of three existing key tourism bodies, namely, the
Australian Tourist Commission, the Bureau of Tourism Research and the Tourism
Forecasting Council, into Tourism Australia. The functions and employees of See
Australia Limited, a private company, will also be transferred to Tourism
Australia. This will be achieved outside the legislation.
The
Tourism Australia Bill 2004 provides for the establishment of Tourism
Australia. Tourism Australia is the key initiative of the Tourism White Paper,
which was launched by the Prime Minister in November 2003. Tourism Australia
will harness the skills of four of Australia’s key tourism bodies under
one umbrella. A smooth transition of these bodies into Tourism Australia will
ensure that the Australian tourism industry can capitalise on the upcoming
launch of Brand Australia and maintain the momentum of recent growth in both
international and domestic tourism.
Like the Tourism Australia Bill
2004, this Bill has been drafted in consultation with the Tourism Australia
Structural Reform Group, which was established following the launch of the White
Paper.
The Australian Tourist Commission is a statutory body corporate
continued in existence under the Australian Tourist Commission Act 1987.
On repeal of this Act, the Australian Tourist Commission will cease to exist.
Provisions in the Bill will be used to effect the seamless transfer of the
assets, liabilities, contracts and employees of the Australian Tourist
Commission to Tourism Australia without the need for any conveyance, transfer or
assignment.
The Bureau of Tourism Research and Tourism Forecasting
Council are administrative bodies within the Department of Industry, Tourism and
Resources. Provisions are included in the Bill to effect the transfer, via
Ministerial declaration, of the assets, liabilities and contracts of the
Commonwealth which relate to the activities of the Bureau of Tourism Research
and the Tourism Forecasting Council to Tourism Australia.
The Australian
Government will transfer ownership of intellectual property which relates to the
activities of the Bureau of Tourism Research and the Tourism Forecasting Council
to Tourism Australia. Certain Commonwealth-owned tourism trade marks, currently
licensed for use by See Australia Limited, will also be transferred to Tourism
Australia. This recognises the need for Tourism Australia to be independent and
operate at ‘arms length’ from Government.
Tourism Australia
will employ staff by virtue of its enabling legislation. The Bill makes
provision for the employees of the Australian Tourist Commission (other than the
Managing Director) to become employees of Tourism Australia on the commencement
day. Employees will be engaged by Tourism Australia on the same terms and
conditions as they are currently employed by the Australian Tourist Commission.
The service of a transferred Australian Tourist Commission employee as an
employee of Tourism Australia will also be taken to have been continuous for the
purposes of leave and other entitlements.
Employees of the Bureau of
Tourism Research and the Tourism Forecasting Council will be transferred to
Tourism Australia using mechanisms prescribed in section 72 of the Public
Service Act 1999. Section 72 provides that transferred employees are
entitled to remuneration and other conditions of employment that are not less
favourable than the terms and conditions to which they are entitled as an
Australian Public Service employee. This provision will be given effect to
administratively.
Employees of Tourism Australia will be covered by
either the Public Sector Superannuation Scheme or the Commonwealth
Superannuation Scheme.
In the event that there is insufficient time to
appropriately identify and appoint the full Tourism Australia Board prior to
Tourism Australia’s commencement date, the Bill contains provisions that
will allow the appointment of a small acting Board for an interim period of no
longer than 6 months. These provisions have been included in the Bill to ensure
continuity of business in light of the immediate decisions which will need to be
made for the operation of Tourism Australia.
The Tourism Australia
(Repeal and Transitional Provisions) Bill 2004 provides the mechanism for a
smooth start to a new era in Australian tourism.
FINANCIAL
IMPACT STATEMENT
The repeal and transitional arrangements for the
establishment of Tourism Australia will require no additional funding under the
Tourism Australia (Repeal and Transitional Provisions) Bill 2004.
Funding for Tourism Australia will comprise of existing funding previously
allocated for the four bodies merging to form Tourism Australia, and the bulk of
the $235 million in additional funding allocated as part of the Tourism White
Paper package.
NOTES ON CLAUSES
Part 1 – Preliminary
Clause 1: Short title
1. Clause 1 provides for the Act
to be cited as the Tourism Australia (Repeal and Transitional Provisions) Act
2004.
Clause 2: Commencement
2. Clause 2 specifies the
dates of commencement of the various provisions in the Act. These are listed in
the table. Part 1 and Parts 3 to 7 will commence on the day the Act receives
Royal Assent. Part 2 of the Act will commence at the same time as sections 3 to
64 of the Tourism Australia Act 2004, to be set by proclamation.
Clause 3: Extended geographical application of this
Act
3. The Act will apply to all external territories of Australia.
The Act will apply both within and outside Australia.
Clause 4:
Definitions
4. Clause 4 defines the meaning of particular terms used
in the Act.
Part 2 – Repeal of the Australian Tourist
Commission Act 1987
Clause 5: Repeal of the Australian Tourist
Commission Act 1987
5. This clause repeals the Australian Tourist
Commission Act 1987 (ATC Act).
Part 3 – Transitional
provisions relating to the repeal of the Australian Tourist Commission Act
1987
Clause 6: Transfer of assets and liabilities
6. Clause 6 provides that on the proclamation day, the assets and
liabilities of the Australian Tourist Commission (ATC) will cease to be the
assets and liabilities of the ATC and will become the assets and liabilities of
Tourism Australia, without the need for any formal conveyance, transfer or
assignment. Tourism Australia will become the ATC’s successor in law in
respect to those assets and liabilities.
Clause 7: Registration of
land transfers
7. Clause 7 gives the Secretary of the Department of Industry, Tourism and
Resources the power to sign and lodge with a land registration official
certificates which identify any right, title or interest in land which is vested
in Tourism Australia under Part 3. In doing so, clause 7 ensures that there is
appropriate power in a land registration official to register the transfer in
the usual way.
Clause 8: Certificates in relation to assets other than
land
8. Clause 8 gives the Secretary of the Department of Industry,
Tourism and Resources the power to sign and lodge, with an assets official,
certificates which identify any asset other than land which is vested in Tourism
Australia under Part 3. In doing so, clause 8 ensures that there is appropriate
power in the assets official to register the transfer in the usual way.
Clause 9: Transfer of pending proceedings
9. Clause 9
provides that if Tourism Australia becomes the successor in law of the ATC in
respect of any asset or liability transferred from the ATC, then Tourism
Australia will, by force of clause 9, be substituted for the ATC to any
proceedings that the ATC is a party to that are pending in any court or tribunal
before the proclamation day and are related, in whole or in part, to the asset
or liability.
Clause 10: References in certain
instruments
10. Clause 10 provides that instruments relating to the
ATC will continue to have effect as if a reference in the instrument to the ATC
were a reference to Tourism Australia. This applies to any instruments in
operation before the proclamation day to which the ATC is a party, which was
given to or in favour of the ATC, in which a reference is made to the ATC or
under which any right or liability accrues or may accrue to the ATC. In this
section, an instrument does not include regulations or any other instrument made
under the Superannuation Act 1922, the Superannuation Act 1976 or
the Superannuation Act 1990.
Clause 11: Exemption from
stamp duty and other State or Territory taxes
11. Clause 11 provides for an exemption from State/Territory stamp duty and
other State/Territory taxes in relation to an exempt matter. An "exempt matter"
is defined to mean the transfer of an asset or a liability under clause 6 or the
operation of Part 3 in any other respect. The Minister may certify in writing
that a specified matter is an exempt matter or that a specified thing was done
in connection with a specified exempt matter. In all courts, and for all
purposes (other than for the purposes of criminal proceedings), a certificate
issued by the Minister under this clause is evidence of the matters stated in
the certificate.
Clause 12: Transfer of staff
12. Clause 12
provides that all employees of the ATC employed under section 42 of the ATC
Act will, on the proclamation day, be transferred to Tourism Australia
and employed under section 55 of the Tourism Australia Act
2004.
Clause 13: Terms and conditions of transferred
employees
13. Clause 13 (1)(a) provides that an ATC employee
transferred to Tourism Australia will be taken to have been engaged by Tourism
Australia on the same terms and conditions of employment as those that applied
to the person immediately before the proclamation day. Further, each
transferred employee will be taken to have accrued an entitlement to benefits
that are equivalent to the benefits the employee had accrued as an employee of
the ATC (clause 13(1)(b)).
14. Clause 13 (2) provides that the service of
an employee transferred from the ATC to Tourism Australia will be taken to be
continuous.
15. An employee of the ATC transferred to Tourism Australia
is not entitled to receive any payment or other benefit, such as redundancy or
termination payments, due to the repeal of the ATC Act or the transfer of that
person's employment to Tourism Australia (clause 13 (3)).
16. Clause
13(4) ensures, in effect, that the terms and conditions of the current ATC
Enterprise Bargaining Agreement will not form part of the no-disadvantage test
(under paragraph 170XA of the Workplace Relations Act 1996) if a new
agreement is negotiated with the staff of Tourism Australia.
Clause
14: Variation of terms and conditions of employment
17. Clause 14
provides that the terms and conditions of employment for transferred ATC
employees can be subject to variation, after the proclamation day, in accordance
with those terms and conditions or under a law, award, determination or
agreement. Under this section, vary, in relation to terms and conditions,
includes omitting, adding, or substituting.
Clause 15: Maternity
leave starting before proclamation day
18. Clause 15 provides for
female employees of the ATC who were on maternity leave before or on the
proclamation day to continue to have access to maternity leave after the
employee is transferred to Tourism Australia.
Clause 16: Maternity
leave starting after proclamation day
19. Clause 16 provides for the
continuation of maternity leave entitlements for female employees after they
have transferred from the ATC to Tourism Australia, for the period of up to 9
months after the transfer day.
Clause 17: Final annual
report
20. Clause 17 (1) provides that for each transitional
reporting period, the government member of the Tourism Australia Board will be
responsible for the preparation of the ATC’s annual report.
21. Clause 17 outlines the periods that the final annual report will
relate to, depending on the proclamation day. If the proclamation day
is:
§ 1
July 2004, the 2003 – 04 financial year is a transitional reporting
period;
§ after 1 July 2004, but is on or before 1
October 2004, the period 1 July 2003 to the day immediately before the
proclamation day is the transitional reporting
period;
§ after 1 October 2004, the 2003 – 04
financial year is a transitional reporting period, and the period 1 July 2004 to
the day immediately before the proclamation day will also be a transitional
reporting period.
22. Each transitional reporting period is to be
treated as a financial year.
Tourism Australia will fund the
preparation of the ATC’s final annual report (clause 17 (6)), and must
provide the government member with any assistance in preparing the final annual
report (clause 17 (7)).
23. The government member’s preparation and
sign off of the final annual report meets the ATC’s obligations under
section 9 of the Commonwealth Authorities and Companies Act 1997 (clause
17 (8)).
Part 4 – Transitional provisions: Bureau of Tourism
Research
Clause 18: Definition
24. Clause 18 defines
the Bureau of Tourism Research (BTR).
Clause 19: Transfer of assets
from Commonwealth to Tourism Australia
25. Clause 19 provides the
Minister with a mechanism to make a written declaration which will identify and
transfer to Tourism Australia, with effect from the proclamation day, the
relevant assets of the Commonwealth which relate to the BTR’s activities,
including intellectual property, without the need for any formal conveyance,
transfer or assignment. Tourism Australia will become the BTR’s (the
Commonwealth’s) successor in law in respect to those assets and any
instruments relating to the assets will continue to have effect as if a
reference in the instrument to the Commonwealth or the BTR were a reference to
Tourism Australia.
Clause 20: Transfer of liabilities from
Commonwealth to Tourism Australia
26. Clause 20 provides the Minister
with a mechanism to make a written declaration which will identify and transfer
to Tourism Australia, with effect from the proclamation day, the relevant
liabilities of the Commonwealth which relate to the BTR’s activities
without the need for any formal conveyance, transfer or assignment. Tourism
Australia will become the BTR’s (the Commonwealth’s) successor in
law in respect to those liabilities and any instruments relating to the
liabilities will continue to have effect as if a reference in the instrument to
the Commonwealth or the BTR were a reference to Tourism Australia.
Clause 21: Transfer of contractual rights and liabilities from
Commonwealth to Tourism Australia
27. Clause 21 provides the Minister
with a mechanism to make a written declaration which will identify and transfer
to Tourism Australia, with effect from the proclamation day, the relevant
contractual rights and liabilities of the Commonwealth which relate to the
BTR’s activities.
28. Tourism Australia will become the BTR’s
(the Commonwealth’s) successor in law in respect to those rights and
liabilities (clause 21 (4)) and any instruments relating to the contracts will
continue to have effect as if a reference in the instrument to the Commonwealth
or the BTR were a reference to Tourism Australia.
Clause 22:
Certificates in relation to assets other than land
29. Clause 22
gives the Secretary of the Department of Industry, Tourism and Resources the
power to sign and lodge, with an assets official, certificates which identify
any asset other than land which is vested in Tourism Australia under Part 3. In
doing so, it ensures that there is appropriate power in the assets official to
register the transfer in the usual way.
Clause 23: Exemption from
stamp duty and other State or Territory taxes
30. Clause 23 provides
for an exemption from State/Territory stamp duty and other State/Territory taxes
in relation to an exempt matter. An “exempt matter” is defined as
the transfer of an asset (under section 19), the transfer of a liability (under
section 20), the transfer of a right or liability (under section 21) or the
operation of Part 4 in any other respect. The Minister may certify in writing
that a specified matter is an exempt matter or that a specified thing was done
in connection with a specified exempt matter. In all courts, and for all
purposes (other than for the purpose of criminal proceedings), a certificate
issued by the Minister under this clause is evidence of the matters stated in
the certificate.
Clause 24: Transfer of pending
proceedings
31. Clause 24 provides that if Tourism Australia becomes
the successor in law of the BTR (the Commonwealth) in respect of any asset or
liability transferred from the BTR (the Commonwealth), then Tourism Australia
will, by force of clause 24, be substituted for the BTR to any proceedings that
the BTR (the Commonwealth) is a party to that are pending in any court or
tribunal before the proclamation day and are related, in whole or in part, to
the asset or liability.
Clause 25: Maternity leave starting before
proclamation day
32. Clause 25 provides for female employees of the
BTR, transferred through subsection 72 (1) of the Public Service Act 1999
and who were on maternity leave before or on the proclamation day to continue to
have access to maternity leave after the employee is transferred to Tourism
Australia.
Clause 26: Maternity leave starting after proclamation
day
33. Clause 26 provides for the continuation of maternity leave
entitlements for female employees of the BTR, transferred through subsection 72
(1) of the Public Service Act 1999 after they have transferred from the
BTR to Tourism Australia , for the period of up to 9 months after the
proclamation day.
Part 5 – Transitional provisions:
Tourism Forecasting Council
Clause 27:
Definition
34. Clause 27 defines the Tourism Forecasting Council
(TFC).
Clause 28: Transfer of assets from Commonwealth to Tourism
Australia
35. Clause 28 provides the Minister with a mechanism to
make a written declaration which will identify and transfer to Tourism
Australia, with effect from the proclamation day, the relevant assets of the
Commonwealth which relate to the TFC’s activities, including intellectual
property, without the need for any formal conveyance, transfer or assignment.
Tourism Australia will become the TFC’s (the Commonwealth’s)
successor in law in respect to those assets, and any instruments relating to the
assets will continue to have effect as if a reference in the instrument to the
Commonwealth or the TFC were a reference to Tourism Australia.
Clause 29: Transfer of liabilities from Commonwealth to Tourism
Australia
36. Clause 29 provides the Minister with a mechanism to
make a written declaration which will identify and transfer to Tourism
Australia, with effect from the proclamation day, the relevant liabilities of
the Commonwealth which relate to the TFC’s activities without the need for
any formal conveyance, transfer or assignment. Tourism Australia will become
the TFC’s (the Commonwealth’s) successor in law in respect to those
liabilities and any instruments relating to the assets will continue to have
effect as if a reference in the instrument to the Commonwealth or the TFC were a
reference to Tourism Australia.
Clause 30: Transfer of contractual
rights and liabilities from Commonwealth to Tourism
Australia
37. Clause 30 provides the Minister with a mechanism to
make a written declaration which will identify and transfer to Tourism Australia
with effect from the proclamation day, the relevant contractual rights and
liabilities of the Commonwealth which relate to the TFC’s activities.
Tourism Australia will become the TFC's (the Commonwealth’s) successor in
law in respect to those rights and liabilities (clause 30 (4)) and any
instruments relating to the rights and liabilities will continue to have effect
as if a reference in the instrument to the Commonwealth or the TFC were a
reference to Tourism Australia.
Clause 31: Certificates in relation to
assets other than land
38. Clause 31 gives the Secretary of the
Department of Industry, Tourism and Resources the power to sign and lodge, with
an assets official, certificates which identify any asset other than land which
is vested in Tourism Australia under Part 5. In doing so, it ensures that there
is appropriate power in the assets official to register the transfer in the
usual way.
Clause 32: Exemption from stamp duty and other
State or Territory taxes
39. Clause 32 provides for an exemption from
State/Territory stamp duty and other State/Territory taxes in relation to an
exempt matter. An “exempt matter” is defined as the transfer of an
asset (under section 28), the transfer of a liability (under section 29), the
transfer of a right or liability (under section 30) or the operation of Part 5
in any other respect. The Minister may certify in writing that a specified
matter is an exempt matter or that a specified thing was done in connection with
a specified exempt matter. In all courts, and for all purposes (other than for
the purpose of criminal proceedings), a certificate issued by the Minister under
this clause is evidence of the matters stated in the certificate.
Clause 33: Transfer of pending proceedings
40. Clause 33
provides that if Tourism Australia becomes the successor in law of the TFC (the
Commonwealth) in respect of any asset or liability transferred from the TFC (the
Commonwealth), then Tourism Australia will, by force of clause 33, be
substituted for the TFC as a party to any proceedings that the TFC (the
Commonwealth) may be party to that are pending in any court or tribunal before
the proclamation day and are related, in whole or in part, to the asset or
liability.
Clause 34: Maternity leave starting before proclamation
day
41. Clause 34 provides for female employees of the TFC,
transferred through subsection 72 (1) of the Public Service Act 1999 and
who were on maternity leave before or on the proclamation day to continue to
have access to maternity leave after the employee is transferred to Tourism
Australia.
Clause 35: Maternity leave starting after proclamation
day
42. Clause 35 provides for the continuation of maternity leave
entitlements for female employees of the TFC, transferred through subsection 72
(1) of the Public Service Act 1999 after they have transferred from the
TFC to Tourism Australia, for the period of up to 9 months after the
proclamation day.
Part 6 – Transitional provisions: other
Commonwealth assets and liabilities
Clause 36:
Definition
43. Clause 36 defines the term tourism trade mark.
Tourism trade marks refers to Commonwealth owned trade marks (including
‘SEE AUSTRALIA’, ‘GO ON GET OUT THERE’ and other
associated trade marks) that were at any time before the proclamation day,
licensed by the Commonwealth to See Australia Limited.
Clause 37:
Transfer of assets from Commonwealth to Tourism Australia
44. Clause
37 provides the Minister with a mechanism to make a written declaration which
will identify and transfer to Tourism Australia with effect from the
proclamation day, the relevant assets of the Commonwealth that is, or relates to
a tourism trade mark, without the need for any formal conveyance, transfer or
assignment. Tourism Australia will become the Commonwealth’s successor in
law in respect to the tourism trade marks and any instruments relating to the
assets will continue to have effect as if a reference in the instrument to the
Commonwealth were a reference to Tourism Australia.
Clause 38:
Transfer of liabilities from Commonwealth to Tourism
Australia
45. Clause 38 provides the Minister with a mechanism to
make a written declaration which will identify and transfer to Tourism Australia
with effect from the proclamation day, the relevant liabilities of the
Commonwealth that is, or relates to a tourism trade mark, without the need for
any formal conveyance, transfer or assignment. Tourism Australia will become
the Commonwealth’s successor in law in respect to the liabilities and any
instruments relating to the liabilities will continue to have effect as if a
reference in the instrument to the Commonwealth were a reference to Tourism
Australia.
Clause 39: Transfer of contractual rights and liabilities
from Commonwealth to Tourism Australia
46. Clause 39 provides the
Minister with a mechanism to make a written declaration which will identify and
transfer to Tourism Australia with effect from the proclamation day the relevant
contractual rights and liabilities of the Commonwealth in relation to the
tourism trade marks. Tourism Australia will become the Commonwealth’s
successor in law in respect to those rights and liabilities (clause 39 (4)) and
any instruments relating to those rights and liabilities will continue to have
effect as if a reference in the instrument to the Commonwealth were a reference
to Tourism Australia.
Clause 40: Certificates in relation to assets
other than land
47. Clause 40 gives the Secretary of the Department
of Industry, Tourism and Resources the power to sign and lodge, with an assets
official, certificates which identify any asset other than land which is vested
in Tourism Australia under Part 6. In doing so, it ensures that there is
appropriate power in the assets official to register the transfer in the usual
way.
Clause 41: Exemption from stamp duty and other State or
Territory taxes
48. Clause 41 provides for an exemption from
State/Territory stamp duty and other State/Territory taxes in relation to an
exempt matter. An “exempt matter” is defined as the transfer of an
asset (under section 37), the transfer of a liability (under section 38), the
transfer of a contractual right or liability (under section 39) or the operation
of Part 4 in any other respect. The Minister may certify in writing that a
specified matter is an exempt matter or that a specified thing was done in
connection with a specified exempt matter. In all courts, and for all purposes
(other than for the purpose of criminal proceedings), a certificate issued by
the Minister under this clause is evidence of the matters stated in the
certificate.
Clause 42: Transfer of pending
proceedings
49. Clause 42 provides that if Tourism Australia becomes
the successor in law of the Commonwealth in respect of any asset or liability
transferred from the Commonwealth (in relation to the tourism trade marks) then
Tourism Australia will, by force of clause 42, be substituted for the
Commonwealth as a party to any proceedings that the Commonwealth may be party to
that are pending in any court or tribunal before the proclamation day and are
related, in whole or in part, to the asset or liability.
Part 7
– Other matters
Clause 43: Certificates to be taken
authentic etc
50. Clause 43 states that certificates, declarations or
other documents made or issued under this Act or the regulations are to be taken
as properly given unless the contrary is established.
Clause 44:
Operation of Archives Act
51. Clause 44 ensures that the handling of
Commonwealth records in relation to any transfers from the ATC, BTR and TFC will
be in a manner that accords fully with the Archives Act
1983.
Clause 45: Publication of declarations
52. Clause
45 provides that any declarations or regulations made under this Act must be
published in the Gazette within 14 days after the declaration or the
proclamation day, whichever is later. Failure to comply with this does not
affect the validity of a declaration.
Clause 46: Delegation by
Minister
53. Clause 46 provides that the Minister may delegate - in
writing - any or all of his or her powers or functions under the Act to the
Secretary of the Department of Industry, Tourism and Resources, or a Senior
Executive Service (SES) employee or acting SES employee in the Department of
Industry, Tourism and Resources. The delegated officer must comply with any
directions given by the Minister in respect of the delegation.
Clause
47: Delegation by Secretary
54. Clause 47 provides that the Secretary
may delegate - in writing - any or all of his or her powers or functions under
the Act to an SES employee, or an acting SES employee, in the Department of
Industry, Tourism and Resources. The delegated officer must comply with any
directions given by the Secretary in respect of the delegation.
Clause 48: Constitutional safety
net
55. Clause 48 is a "Constitutional safety net" provision which
provides that if a provision of the Act would result in an acquisition of
property and the provision would not be valid because a particular person has
not been compensated, the Commonwealth must pay that person:
• a
reasonable amount of compensation agreed with the Commonwealth;
or
• failing agreement, a reasonable amount of compensation
determined by a court of competent jurisdiction.
Clause 49: Interim
Board of Tourism Australia – calling a meeting
56. During the
interim period, clause 49 (1) replaces paragraph 22 (3) (b) of the Tourism
Australia Act 2004, and provides that the Chair of the Tourism Australia
Board must convene a meeting of the Board if requested in writing by 1 or more
members.
57. The interim period is defined in clause 49 (2) to mean the
period that commences on the proclamation day and ends on the earlier
of:
• the first day on which there are in effect 5 or more
appointments to the Board of Tourism Australia under section 13 of the Tourism
Australia Act 2004, or
• 6 months after the proclamation day.
Clause 50: Interim Board of Tourism Australia –
quorum
58. During the interim period, clause 50 (1), replaces
paragraph 24 (1) of the Tourism Australia Act 2004, and provides that a
quorum, for a meeting of the Tourism Australia Board, is constituted by a
majority of the members then holding office.
59. The purpose of clauses
49 and 50 is to enable a small acting Board of Tourism Australia to meet and
conduct its business during the interim period, should the Board of Tourism
Australia not yet be appointed.
Clause 51:
Regulations
60. Clause 51 (1) provides that the Governor-General may
make regulations prescribing matters required or permitted by the Act to be
prescribed or which are necessary or convenient for carrying out or giving
effect to the Act. In particular, regulations can be made dealing with other
transitional matters arising out of the repeal of the ATC Act and the enactment
of this Act and the Tourism Australia Act 2004 (clause 51
(2)).
61. Clause 51 (3) provides that the regulations may empower the
Minister to make declarations dealing with matters arising out of the repeal of
the ATC Act and the enactment of this Act and the Tourism Australia Act
2004.