Administrative Services Legislation Amendment Act 1990 (Cth)

Administrative Services Legislation

Amendment Act 1990

No. 80 of 1990

An Act to repeal and amend various Acts relating to matters dealt with by the Department of Administrative Services, and for related purposes

[Assented to 23 October 1990]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Administrative Services Legislation Amendment Act 1990.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

PART 2—AMENDMENTS OF THE ARCHIVES ACT 1983

Principal Act

3. In this Part, “Principal Act” means the Archives Act 19831.

Interpretation

4. Section 3 of the Principal Act is amended by inserting after subsection (3) the following subsection:

“(3a) In this Act, a reference to the provision of a discretionary service for a person is a reference to the doing of an act by the Archives, being an act that the Archives has power to do and that it does at the person’s request, other than an act that:

(a) this Act requires the Archives to do; or

(b) it is necessary for the Archives to do for the proper performance of its functions.”.

5. After section 69 of the Principal Act the following section is inserted:

Charges for discretionary service for Commonwealth institutions

“ 69a. Where:

(a) the Archives provides a discretionary service for a Commonwealth institution; and

(b) this Act does not otherwise provide for a charge for the service;

the Archives may make a charge for the service of an amount, or at a rate, determined in writing by the Director-General.”.

Regulations

6. Section 71 of the Principal Act is amended:

(a) by adding at the end of paragraph (d) “and”;

(b) by omitting paragraphs (e) and (f) and substituting the following paragraph:

“(e) the provision of prescribed discretionary services for persons other than Commonwealth institutions.”.

PART 3—REPEAL AND AMENDMENT OF VARIOUS ACTS

Repeal of Acts

7. The following Acts are repealed:

Naval Properties Transfer Act 1925

Procurement of Goods, Works and Services Act 1981.

Amendment of Acts

8. The Acts specified in the Schedule are amended as set out in the Schedule.

——————

SCHEDULE Section 8

AMENDMENT OF ACTS

Parliamentary Allowances Act 1952

Subsection 5 (3):

Omit the subsection, substitute the following subsection:

“(3) This section does not apply in relation to any allowance payable to a senator by reason of holding a particular office, other than any allowance payable in respect of an office specified in the Schedule.”.

Subsection 5a (3):

Omit the subsection, substitute the following subsection:

“(3) This section does not apply in relation to any allowance payable to a member of the House of Representatives by reason of holding a particular office, other than any allowance payable in respect of an office specified in the Schedule.”.

Add the following Schedule:

“SCHEDULE

Office

Leader of the Opposition

Deputy Leader of the Opposition

Leader of the Opposition in the Senate Leader of the Third Party in the House of Representatives

1. Leader of a recognised non-Government party of at least 5 members

   not otherwise specified herein

Deputy Leader of the Opposition in the Senate”.

Sales Tax Assessment Act (No. 1) 1930

Schedule 2:

Omit “Commonwealth Accommodation and Catering Services Ltd”.

Social Security Act 1947

Subsection 138 (1):

Omit “, by an authority constituted under a law of the Commonwealth or by Commonwealth Accommodation and Catering Services Limited”, substitute “or by an authority constituted under a law of the Commonwealth”.

SCHEDULE—continued

Subsection 138 (2):

Omit to the authority or to Commonwealth Accommodation and Catering Services Limited” (wherever occurring), substitute “or to the authority”.

NOTE

1. No. 79, 1983, as amended. For previous amendments, see No. 165, 1984; Nos. 76 and 102, 1986; and Nos. 38, 109 and 126, 1988.

[Minister’s second reading speech made in—

House of Representatives on 22 August 1990

Senate on 9 October 1990