Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
(Circulated by authority of the Minister for Transport and
Regional Services,
the Honourable John Anderson, MP)
ISBN: 0642 437270
This Bill will provide for the wind-up of the Australian National
Railways Commission (AN) while preserving authority for the issuing of essential
land identification certificates.
Most provisions of the Australian
National Railways Commission Sale Act 1997 (the Sale Act), which enabled the
sale and transfer of the operations of AN, commenced on 30 June 1997. The
remaining provisions of the Sale Act, including those providing for the repeal
of the Australian National Railways Commission Act 1983 (the AN Act) and
the repeal or amendment of a number of other Acts relating to the previous
operations of AN commence on a day yet to be fixed by Proclamation.
All
conditions precedent required to proclaim the remaining provisions of the Sale
Act have now been satisfied. However, an administrative complication has arisen
in relation to land transferred from AN to the Australian Rail Track Corporation
(ARTC). This transfer was effected by a Declaration under section 67AE of the
AN Act. The Declaration was signed by the Minister for Finance and
Administration on 29 June 1998. While the land covered by this Declaration has
legally been transferred to the ARTC, the South Australian Registrar-General
will not register title in the name of the ARTC unless certificates specifically
identifying parcels of land under section 67AZJ of the AN Act are also provided.
As it is expected to take some years to complete the surveying and documentation
processes necessary for the issue of certificates it is essential that section
67AZJ remain in effect.
This Bill will enable the remaining provisions of
the Sale Act to be proclaimed and the wind-up of AN to be finalised, while
retaining the authority under which certificates for title for the relevant land
can be registered in the name of the ARTC.
This Bill will also correct
citations of the Port Augusta to Whyalla Railway Act 1970 in both the
Sale Act and the AN Act.
The Bill will further amend the commencement
provision of the Transport and Communications Legislation Amendment Act
(No.2) 1992 to overcome a technical difficulty that prevents a Proclamation
being made for the commencement of amendments to the Protection of the Sea
(Prevention of Pollution from Ships) Act 1983.
There is no financial impact.
Clause 1: Short Title
Clause 1 is a formal provision
specifying the short title of the Bill.
Clause 2:
Commencement
Subclause 2(1) specifies the Bill will commence on the
day it receives Royal Assent.
Subclause 2(2) provides for the
commencement of Item 1 of Schedule 2 from the date the Sale Act received Royal
Assent (30 July 1997). This amendment does not affect any rights; it simply
corrects an error to a reference to legislation already in
place.
Clause 3: Schedule(s)
This clause explains that
each of the Acts specified is amended as set out in the
Schedules.
SCHEDULE 1 – AMENDMENT OF THE TRANSPORT AND
COMMUNICATIONS LEGISLATION AMENDMENT ACT (No. 2) 1992
Item 1 amends subsection 2(6) of the Transport and Communications
Legislation Amendment Act (No.2) 1992 by deleting references to the Protocol
on Environment Protection to the Antarctic Treaty. The effect of the amendment
will be that the Proclamation setting the date for the commencement of
subsection 30(3), sections 36 to 44 and subsection 44(4) of the Act will not be
not tied to the date on which that Protocol entered into force
internationally.
Item 2 inserts a new subsection 2(6A) into the Transport and
Communications Legislation Amendment Act (No.2) 1992 to provide that, if a
Proclamation is not made under the amended subsection 2(6) within 6 months after
this Bill receives Royal Assent, then subsection 30(3), sections 36 to 44 and
subsection 44(4) of the Act will commence on the first day after the end of that
six month period.
SCHEDULE 2 – AMENDMENTS RELATING TO THE SALE
OF THE AUSTRALIAN NATIONAL RAILWAYS COMMISSION
Australian
National Railways Commission Act 1983
Item 1 - Subparagraph
67AZR(1)(a)(i)
This item corrects a technical drafting error in the
citation of the Port Augusta to Whyalla Railway Act 1970.
Item 2 - After item 4 of Schedule 3
This item inserts new
item 4A which preserves section 67AZJ of the AN Act so that it continues to have
effect after that Act has been repealed. Preservation of the section will
permit the Minister for Finance and Administration, or a person authorised by
the Minister in writing, to issue certificates in respect of land that has been
transferred under section 67AE or 67AM so that land title registration officials
can register the change of title.
Item 3 - Schedule 3 (heading
appearing immediately before item 7)
This item corrects a technical
drafting error in the citation of the Port Augusta to Whyalla Railway Act
1970.