Audit (Transitional and Miscellaneous) Amendment Act 1997 (Cth)

Audit (Transitional and Miscellaneous) Amendment Act 1997

Act No. 152 of 1997 as amended

This compilation was prepared on 22 March 2007

[This Act was amended by Act No. 63 of 2002; No. 100 of 2005;

No. 9 of 2006; No. 8 of 2007]

Amendment from Act No. 63 of 2002

[Schedule 2 (item 1) repealed items 1306 to 1310 of Schedule 2

Schedule 2 (item 1) commenced immediately after 1 January 1998]

Amendments from Act No. 100 of 2005

[Schedule 2 (item 4) repealed item 394 of Schedule 2

Schedule 2 (items 5 and 6) amended heading to item 398 of Schedule 2

Schedule 2 (items 4–6) commenced immediately after 1 January 1998]

Amendments from Act No. 9 of 2006

[Schedule 2 (item 3) amended heading to item 1118 of Schedule 2

Schedule 2 (item 4) amended heading to item 1120 of Schedule 2

Schedule 2 (item 5) repealed and substituted item 1134 of Schedule 2

Schedule 2 (item 6) amended heading to item 1135 of Schedule 2

Schedule 2 (items 3–6) commenced immediately after 1 January 1998]

Amendment from Act No. 8 of 2007

[Schedule 2 (item 1) amended item 82 of Schedule 2

Schedule 2 (item 1) commenced immediately after 1 January 1998]

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to deal with transitional and consequential matters arising from the repeal of the Audit Act 1901 and the enactment of the Auditor‑General Act 1997, the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997, and for related purposes

[Assented to 24 October 1997]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Audit (Transitional and Miscellaneous) Amendment Act 1997.

2Commencement

(1)
Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(2)
Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.
(3)
Schedule 3 commences as follows:
(a)
the amendments of the Air Services Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent;
(b)
the amendment of the Australian Law Reform Commission Act 1996 commences immediately after the commencement of Schedule 1 of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996;
(c)
the amendments of the Australian Maritime Safety Authority Act 1990 commence on the day on which this Act receives the Royal Assent;
(d)
the amendments of the Civil Aviation Legislation Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent;
(e)
the amendment of the Commonwealth Funds Management Limited Act 1990 commences, or is taken to have commenced, on the sale day as defined in subsection 3(1) of the CFM Sale Act 1996;
(f)
the amendments of the Ozone Protection Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent;
(g)
the amendments of the Small Superannuation Accounts Act 1995 commence on the same day as the Financial Management and Accountability Act 1997;
(h)
the amendments of the Transport Legislation Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent.

3Schedule(s)

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.

4Some amendments in Schedule 2 may not take effect or may take effect in a modified way

(1)
If, on or before the commencement of Schedule 2, Part 6 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996 commences or has commenced, the following amendments set out in Schedule 2 to this Act do not take effect:
(a)
the amendments of the Housing Loans Insurance Act 1965;
(b)
the amendments of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996.
(2)
If, on or before the commencement of Schedule 2, Part 12 of the Wool International Act 1993 commences or has commenced, the amendments of that Act set out in Schedule 2 to this Act do not take effect.
(3)
If:
(a)
an Act is amended by Schedule 2; and
(b)
the short title of the Act is changed on or before the commencement of that Schedule;
the amendment made by Schedule 2 has effect as an amendment of the Act under its new short title.

Schedule 1Repeal of the Audit Act 1901

Audit Act 1901

The whole of the Act

Repeal the Act.

Schedule 2Consequential amendments of Acts

Aboriginal and Torres Strait Islander Commission Act 1989

Subsection 4(1) (definition of approved bank)

Repeal the definition.

Add at the end of subsection 6(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Section 37

Repeal the section.

Paragraph 40(7)(e)

Omit “37”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

At the end of section 42

Add:
(2)
This section does not apply to a liability that arises under the Commonwealth Authorities and Companies Act 1997.

Paragraph 44(5)(a)

Omit “37”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

Subsection 44(13)

Omit “37”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

After subsection 61(6B)

Insert:
(6C)
Section 14 of the Commonwealth Authorities and Companies Act 1997 does not apply to the Commission.

After subsection 67(3)

Insert:
(3A)
Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997.

Subsection 67(6)

Repeal the subsection.

After subsection 68(3)

Insert:
(3A)
Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997.

Subsection 68(6)

Repeal the subsection.

Subsection 69(1)

Omit “an approved bank”, substitute “a bank”.

At the end of section 69

Add:
(3)
In this section:
bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997.

Subsection 72(1)

Repeal the subsection, substitute:
(1)
In this section, annual report means the annual report of the Commission prepared under section 9 of the Commonwealth Authorities and Companies Act 1997.

Subsections 72(2), (3) and (4)

Omit “report prepared under subsection (1)”, substitute “annual report”.

Subsection 72(5)

After “financial statements”, insert “included in the annual report”.

Subsection 72(6)

Omit “report prepared under subsection (1)”, substitute “annual report”.

Subsection 72(7)

Omit “a report prepared under subsection (1)”, substitute “an annual report”.

Subsections 72(8) and (9)

Repeal the subsections.

Section 73

Repeal the section.

Subsection 74(1)

Omit “, not inconsistent with this Act or the regulations,”.

After subsection 74(1)

Insert:
(1A)
Directions under subsection (1) must not be inconsistent with:
(a)
this Act or the regulations under this Act; or
(b)
the Commonwealth Authorities and Companies Act 1997, or regulations or Finance Minister’s Orders made under that Act.

Subsection 74(3)

Repeal the subsection.

Subsection 99(1)

Omit “4 months”, substitute “2 months”.

At the end of subsection 142(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the TSRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Section 143N

Repeal the section.

Paragraph 143S(6)(e)

Omit “143N”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

At the end of section 143U

Add:
(3)
This section does not apply to a liability that arises under the Commonwealth Authorities and Companies Act 1997.

Paragraph 144E(5)(a)

Omit “143N”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

Subsection 144E(14)

Omit “143N”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

After subsection 144V(3)

Insert:
(3A)
Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997.

Subsection 144V(6)

Repeal the subsection.

Subsection 144W(4)

Repeal the subsection, substitute:
(4)
Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997.

Subsection 144X(1)

Omit “an approved bank”, substitute “a bank”.

At the end of section 144X

Add:
(3)
In this section:
bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997.

At the end of section 144ZA

Add:
(5)
Section 14 of the Commonwealth Authorities and Companies Act 1997 does not apply to the TSRA.

Subsection 144ZB(1)

Repeal the subsection, substitute:
(1)
In this section, annual report means the annual report of the TSRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997.
Note: The heading to section 144ZB is altered by omitting “and financial statements”.

Subsection 144ZB(2)

Omit “each report”, substitute “each annual report”.

Subsection 144ZB(3)

Omit “report relating to the year”, substitute “annual report for the year”.

Subsection 144ZB(4)

Omit “report under this section”, substitute “annual report”.

Subsection 144ZB(5)

Omit “a report under this section”, substitute “an annual report”.

Subsections 144ZB(6) and (7)

Repeal the subsections.

Section 144ZC

Repeal the section.

Subsection 144ZD(1)

Omit “, not inconsistent with this Act or the regulations,”.

After subsection 144ZD(1)

Insert:
Directions must not be inconsistent with this Act etc.
(1A)
Directions under subsection (1) must not be inconsistent with:
(a)
this Act or the regulations under this Act; or
(b)
the Commonwealth Authorities and Companies Act 1997, or regulations or Finance Minister’s Orders made under that Act.

Subsection 144ZD(3)

Repeal the subsection.

At the end of subsection 145(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Section 151

After “this Act”, insert “or the Commonwealth Authorities and Companies Act 1997”.

Section 163

Repeal the section.

Paragraph 165(2)(c)

Omit “163”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

Paragraph 167(3)(a)

Omit “163”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

Subsection 167(11)

Omit “163”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

Section 180

Repeal the section.

Section 186

Repeal the section.

Section 189

Repeal the section.

At the end of subsection 191A(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Indigenous Land Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Section 191L

After “this Act”, insert “or the Commonwealth Authorities and Companies Act 1997”.

Section 191M

Repeal the section.

Subsections 192F(1) and (2)

Repeal the subsections.

Paragraph 192H(2)(e)

After “192F”, insert “of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997”.

Paragraph 192J(3)(a)

Omit “192F”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.
Note: The heading to subsection 192J(3) is altered by omitting “192F” and substituting “21 of the Commonwealth Authorities and Companies Act 1997”.

Subsection 192W(1)

Omit “fund”, substitute “reserve”.

Subsections 192W(2) to (5)

Repeal the subsections, substitute:
(2)
The Land Fund is a component of the Reserved Money Fund.
(3)
So far as practicable, money in the Land Fund that is not required for the purpose of making payments out of the Land Fund must be invested under section 39 of the Financial Management and Accountability Act 1997.
(4)
If income is received by the Commonwealth from the investment of money from the Land Fund, an amount equal to the income must be transferred to the Land Fund from the Consolidated Revenue Fund.

Section 193F

Repeal the section.

Paragraph 193G(1)(b)

Repeal the paragraph, substitute:
(b)
any person to whom the Finance Minister has delegated powers conferred on the Finance Minister by section 39 of the Financial Management and Accountability Act 1997, in so far as those powers relate to the Land Fund; and

Subsection 193G(1) (note)

Repeal the note.

Section 193K

Repeal the section, substitute:

193KModifications of Commonwealth Authorities and Companies Act

(1)
Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Indigenous Land Corporation.
(2)
The annual report of the Indigenous Land Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must include such additional information (if any) as is specified in the regulations under this Act.
(3)
Division 2 of Part 3 (except section 10) of the Commonwealth Authorities and Companies Act 1997 applies as if the first category A year were a financial year.

Section 193V

Repeal the section.

Subsections 200(3), (4) and (5)

Repeal the subsections.

Aboriginal Councils and Associations Act 1976

At the end of subsection 19(3)

Add:
Note: Subject to section 19A, the Commonwealth Authorities and Companies Act 1997 applies to an Aboriginal Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

After section 19

Insert:

19AApplication of the Commonwealth Authorities and Companies Act 1997 if Administrator appointed

If an Administrator of an Aboriginal Council is appointed under Part V then, while the appointment remains in force:
(a)
subject to paragraph (b), the Commonwealth Authorities and Companies Act 1997 applies in relation to the Aboriginal Council as if the Administrator were the sole director of the Aboriginal Council for the purposes of that Act; and
(b)
section 21 of that Act does not apply to the Administrator.

Paragraph 22(1)(b) and subsection 22(9)

Omit “Chairman” (wherever occurring), substitute “Chair”.

Subsections 22(4), (8), (8A) and (9)

After “this Act” (wherever occurring), insert “or the Commonwealth Authorities and Companies Act 1997”.

Subsection 23(1)

After “regulations”, insert “and to the Commonwealth Authorities and Companies Act 1997”.

Section 29

After “this Act”, insert “and the Commonwealth Authorities and Companies Act 1997”.

Paragraph 29(c)

Repeal the paragraph.

Paragraph 35(2)(a)

Omit “or the regulations”, substitute “, the regulations or the Commonwealth Authorities and Companies Act 1997”.

Subsection 36(3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

Subsections 38(1), (2), (3) and (4)

Repeal the subsections, substitute:
(1)
The members of an Aboriginal Council must give the Registrar a copy of the annual report on the Council for a financial year under section 9 of the Commonwealth Authorities and Companies Act 1997. The copy must be given to the Registrar as soon as practicable after the report is given to the Minister, and must not be given to the Registrar later than 31 December in the next financial year.
Note: The heading to section 38 is replaced by the heading “Extra reporting and accounting requirements”.

Paragraph 38(5)(a)

Omit “accounts and records”, substitute “accounting records”.

Paragraph 38(5)(b)

Omit “Council’s report and the examiner’s report”, substitute “annual report on the Council”.

Subsection 38(6)

Repeal the subsection.

Paragraph 40(1)(a)

Omit “or the Rules”, substitute “, the Rules or the Commonwealth Authorities and Companies Act 1997”.

Subsection 56(3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

After section 75

Insert:

75ADisclosure of interest by Administrator of Aboriginal Council

If the corporation is an Aboriginal Council, the Administrator must give written notice to the Minister of any material personal interest that the Administrator has in a matter being considered or about to be considered in relation to a matter.

Aboriginal Land Grant (JervisBayTerritory) Act 1986

Subsection 2(2)

Repeal the subsection.

At the end of section 2

Add:
Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

After section 4

Insert:

4AWho are directors for the purposes of the Commonwealth Authorities and Companies Act 1997?

The members of the executive committee (not the registered members of the Council) are directors of the Council for the purposes of the application of the Commonwealth Authorities and Companies Act 1997 to the Council.

Paragraph 28(2)(a)

Omit “or by the regulations”, substitute “, by the regulations or by the Commonwealth Authorities and Companies Act 1997”.

Section 51

Repeal the section.

Section 52

Repeal the section, substitute:

52Annual report to be laid before meeting of Council

The executive committee must table a copy of the annual report on the Council at the next general meeting of the Council held after the deadline for the financial year to which the report relates. The report is prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 and the deadline is as specified in that section.

AboriginalLand (LakeCondah and FramlinghamForest) Act 1987

Part VI (heading)

Repeal the heading, substitute:

Part VI—Funding

Subsection 38(1)

Omit “trust fund”, substitute “reserve”.
Note: The heading to section 38 is replaced by the heading “Payments into and out of Reserves”.

Subsection 38(1)

Omit “Trust Fund”, substitute “Reserve”.

Subsection 38(2)

Omit “Trust Fund”, substitute “Reserve”.

Subsection 38(3)

Omit “trust fund”, substitute “reserve”.

Subsection 38(3)

Omit “Trust Fund”, substitute “Reserve”.

100

Subsection 38(4)

Omit “Trust Fund”, substitute “Reserve”.

101

Subsection 38(5)

Repeal the subsection.

102

Subsection 38(6)

Omit “Trust Fund”, substitute “Reserve”.

103

Subsection 38(7)

Omit “Land Trust Fund”, substitute “Land Reserve”.

104

Paragraph 38(7)(b)

Omit “paid into the Aboriginal Advancement Trust Fund”, substitute “credited to the Consolidated Revenue Fund”.

105

After subsection 38(7)

Insert:
(7A)
Whenever an amount is credited to the Consolidated Revenue Fund under paragraph (7)(b), an equal amount must be transferred to the Aboriginal Advancement Reserve from the Consolidated Revenue Fund.

106

Subsection 38(8)

Omit “Forest Trust Fund”, substitute “Forest Reserve”.

107

Paragraph 38(8)(b)

Omit “paid into the Aboriginal Advancement Trust Fund”, substitute “credited to the Consolidated Revenue Fund”.

108

After subsection 38(8)

Insert:
(8A)
Whenever an amount is credited to the Consolidated Revenue Fund under paragraph (8)(b), an equal amount must be transferred to the Aboriginal Advancement Reserve from the Consolidated Revenue Fund.

109

Subsection 38(9)

Omit “Trust Fund”, substitute “Reserve”.

110

Subsection 38(10)

Omit “Trust Fund” (first, second and third occurring), substitute “Reserve”.

111

Paragraph 38(10)(b)

Omit “paid into the Aboriginal Advancement Trust Fund”, substitute “credited to the Consolidated Revenue Fund”.

112

Subsections 38(11) and (12)

Repeal the subsections, substitute:
(11)
A reserve established by this section is a component of the Reserved Money Fund.
(12)
If interest is received by the Commonwealth from the investment of money from a reserve established by this section, an amount equal to the interest must be transferred to that reserve from the Consolidated Revenue Fund.

AboriginalLand Rights (Northern Territory) Act 1976

113

Subsection 3(1) (definition of Trust Account)

Repeal the definition.

114

Subsection 3(1)

Insert:
Reserve means the Aboriginals Benefit Reserve established by section 62.

115

Subsections 4(5) and (5A) and 7(1) and (1A)

Omit “Chairman” (wherever occurring), substitute “Chair”.

116

At the end of subsection 22(1)

Add:
Note: Subject to section 22A, the Commonwealth Authorities and Companies Act 1997 applies to a Land Council. That Act deals with matters relating to reporting and accountability, banking and investment, and conduct of officers.

117

After section 22

Insert:

22AWho are directors for the purposes of the Commonwealth Authorities and Companies Act 1997?

(1)
Subject to subsection (2), the members of a Land Council are directors of the Council for the purposes of the application of Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 to the Land Council.
(2)
The Chair of a Land Council (not the members of the Land Council) is the only director of the Council for the purposes of the application to the Land Council of the other provisions of the Commonwealth Authorities and Companies Act 1997.

118

Subsection 28(1) and sections 30 and 31

Omit “Chairman” (wherever occurring), substitute “Chair”.

119

Section 32

Repeal the section.

120

After subsection 34(3)

Insert:
(3A)
A Land Council is also required to prepare budget estimates under section 14 of the Commonwealth Authorities and Companies Act 1997.
Note: The heading to section 34 is replaced by the heading “Administrative expenditure to be in accordance with approved estimates”.

121

Subsection 35(10)

Omit “accordance with section 62B of the Audit Act 1901”, substitute “investments of the kind authorised by section 39 of the Financial Management and Accountability Act 1997”.

122

Sections 37, 37AA, 37A and 38

Repeal the sections, substitute:

37Additional reporting requirements

The annual report on a Land Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include particulars of any determinations:
(a)
made by the Land Council under subsection 35(1), (2), (3) or (3A) during the financial year to which the report relates; or
(b)
made by the Minister under subsection 35(6) during that year.

123

Part VI (heading)

Repeal the heading, substitute:

Part VI—Aboriginals Benefit Reserve

124

Subsection 62(1)

Omit “Fund”, substitute “reserve”.
Note: The heading to section 62 is altered by omitting “Trust Account” and substituting “Reserve”.

125

Subsection 62(1)

Omit “Trust Account”, substitute “Reserve”.

126

Subsections 62(2) and (3)

Repeal the subsections, substitute:
(2)
The Reserve is a component of the Reserved Money Fund.
(3)
If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

127

Subsections 63(2), (3), (3A) and (4)

Omit “Trust Account”, substitute “Reserve”.
Note: The heading to section 63 is altered by omitting “Trust Account” and substituting “Reserve”.

128

Subsection 63(5A)

Omit “paid into the Trust Account”, substitute “transferred to the Reserve from the Consolidated Revenue Fund amounts equal to”.

129

Subsection 63(5B)

Omit “paid into the Trust Account”, substitute “transferred to the Reserve from the Consolidated Revenue Fund amounts equal to”.

130

Subsection 63(6)

Repeal the subsection.

131

Section 64

Omit “Trust Account” (wherever occurring), substitute “Reserve”.
Note: The heading to section 64 is altered by omitting “Trust Account” and substituting “Reserve”.

132

Section 64A

Omit “Trust Account” (wherever occurring), substitute “Reserve”.
Note: The heading to section 64A is altered by omitting “Trust Account” and substituting “Reserve”.

133

Subsections 64B(1), (2), (3) and (4)

Repeal the subsections, substitute:
(1)
As soon as practicable after 30 June in each year, the Commission must prepare and give to the Minister a report relating to the operation of the Reserve for the year.
(2)
The report must include:
(a)
the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and
(b)
an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997.
(3)
The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

134

Section 65

Omit “Trust Account” (wherever occurring), substitute “Reserve”.
Note: The heading to section 65 is altered by omitting “Trust Account” and substituting “Reserve”.

135

Subsections 65(2) and (3)

Omit “Chairman” (wherever occurring), substitute “Chair”.

Acts Interpretation Act 1901

136

Paragraph 17(k)

Repeal the paragraph, substitute:
(k)Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution;
(ka)Loan Fund means the Loan Fund established by section 19 of the Financial Management and Accountability Act 1997;
(kb)Reserved Money Fund means the Reserved Money Fund established by section 20 of the Financial Management and Accountability Act 1997.

137

Section 18B

Repeal the section, substitute:

18BHow Chairs and Deputy Chairs may be referred to

(1)
Where an Act establishes an office of Chair of a body, the Chair may be referred to as Chair, Chairperson, Chairman, Chairwoman or by any other such term as the person occupying the office so chooses.
(2)
If a person occupying an office mentioned in subsection (1) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate:
(a)
Chair;
(b)
Chairperson;
(c)
Chairman;
(d)
Chairwoman.
(3)
Where an Act establishes an office of Deputy Chair of a body, the Deputy Chair may be referred to as Deputy Chair, Deputy Chairperson, Deputy Chairman, Deputy Chairwoman or by any other such term as the person occupying the office so chooses.
(4)
If a person occupying an office mentioned in subsection (3) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate:
(a)
Deputy Chair;
(b)
Deputy Chairperson;
(c)
Deputy Chairman;
(d)
Deputy Chairwoman.

Acts Interpretation Amendment Act 1976

138

Subsection 8(3)

Repeal the subsection.

Administrative Appeals Tribunal Act 1975

139

Section 24R

Repeal the section, substitute:

24RAnnual report

(1)
As soon as practicable after 30 June in each year, the President must prepare and give to the Minister a report of the management of the administrative affairs of the Tribunal during the year.
(2)
The report must include:
(a)
the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and
(b)
an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997.
(3)
The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

140

Sections 24S and 24T

Repeal the sections.

Administrative Decisions (Judicial Review) Act 1977

141

Paragraph (h) of Schedule 2

Omit “32 or 36A of the Audit Act 1901”, substitute “27 of the Financial Management and Accountability Act 1997”.

Agricultural and Veterinary Chemicals (Administration) Act 1992

142

At the end of section 10

Add:
(5)
Section 28 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the NRA.

143

At the end of subsection 12(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the NRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

144

Subsections 23(1), (2) and (3)

Repeal the subsections.
Note: The heading to section 23 is altered by adding at the end “in resolutions without formal meetings”.

145

Paragraph 24(2)(b)

After “23”, insert “of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997”.

146

Section 61

Repeal the section.

147

At the end of section 62

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the NRA under section 18 of the Commonwealth Authorities and Companies Act 1997.

148

Section 68

Omit “Without limiting the generality of subsection 63H(1) of the Audit Act 1901 in its application in relation to the NRA, the NRA must include in each report referred to in that subsection”, substitute “The directors must include in each report on the NRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997”.

149

Paragraph 69(1)(b)

Omit “63D(1) of the Audit Act 1901”, substitute “18(2) of the Commonwealth Authorities and Companies Act 1997”.

150

Subsection 69(2)

Repeal the subsection.

151

Section 81

Repeal the section.

Aircraft Noise Levy Collection Act 1995

152

Subsection 17(4)

Repeal the subsection.

Air Services Act 1995

153

At the end of subsection 7(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to AA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Albury‑Wodonga Development Act 1973

154

Section 5

Omit “Chairman” (wherever occurring), substitute “Chair”.

155

Subsection 5(1)

Omit “Chairmen”, substitute “Chairs”.

156

After section 9

Insert:

9ACommonwealth Authorities and Companies Act 1997 does not apply to Corporation

The Corporation is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

157

Subclause 5(3) of Schedule 2

Omit “Chairman” (wherever occurring), substitute “Chair”.

Anglo‑Australian Telescope Agreement Act 1970

158

After section 6

Insert:

6ACommonwealth Authorities and Companies Act 1997 does not apply to Board

The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

159

Subarticles 7(1) and (2) of the Schedule

Omit “Chairman” (wherever occurring), substitute “Chair”.

Australia Council Act 1975

160

At the end of subsection 8(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

161

Subparagraph 14(2)(a)(ii)

Omit “19”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

162

Subsection 15(6)

Omit “and section 19”, substitute “of this Act and section 21 of the Commonwealth Authorities and Companies Act 1997”.

163

Section 19

Repeal the section.

164

Paragraph 19F(2)(e)

Omit “19”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

165

Subsection 27(2)

Omit “19 or 31”, substitute “31 of this Act or with section 21 of the Commonwealth Authorities and Companies Act 1997”.

166

After subsection 33(1)

Insert:
(1A)
Subsection (1) does not prevent investment of surplus money of the Council under section 18 of the Commonwealth Authorities and Companies Act 1997.

167Subsection 34(2A)

Omit “in accordance with subsection 36A(2)”, substitute “under section 18 of the Commonwealth Authorities and Companies Act 1997.

168Sections 35 and 36

Repeal the sections.

169At the end of subsection 36A(1)

Add “The Council may also invest surplus money under section 18 of the Commonwealth Authorities and Companies Act 1997.”.

170Subsection 36A(2)

Repeal the subsection.

171Subsection 36A(3)

Omit “in accordance with this section”, substitute “as mentioned in subsection (1)”.

172Section 37

Repeal the section.

173Section 38

Repeal the section, substitute:

38Extra reporting requirements

(1)
The annual report on the Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:
(a)
particulars of all matters specified by the Minister under paragraph 6A(c) during the year to which the report relates; and
(b)
the text of all directions under sections 6B and 7 during the year to which the report relates.
(2)
The Minister must cause any report or financial statements given by the members of the Council to the Minister under paragraph 16(1)(b) of the Commonwealth Authorities and Companies Act 1997 to be tabled in each House of the Parliament as soon as practicable.

174Section 39

Repeal the section.

Australia‑Japan Foundation Act 1976

175

Section 3 (definition of Fund)

Repeal the definition.

176

Section 3

Insert:
Reserve means the reserve established by section 17.

177

Paragraph 5(1)(d)

Omit “Fund”, substitute “Reserve”.
178
Subsection 9(3), paragraph 9(4)(a), subsection 12(1) and section 15
Omit “Chairman” (wherever occurring), substitute “Chair”.

179

Part IV (heading)

Repeal the heading, substitute:

Part IV—Australia‑Japan Reserve

180

Section 17

Repeal the section, substitute:

17Establishment of Reserve

(1)
This subsection establishes a reserve called the Australia‑Japan Reserve.
(2)
The Reserve is a component of the Reserved Money Fund.

181

Section 18

Omit “The Fund shall consist of”, substitute “There must be transferred to the Reserve from the Consolidated Revenue Fund”.
Note: The heading to section 18 is altered by omitting “Fund” and substituting “Reserve”.

182

Paragraph 18(a)

Omit “Fund”, substitute “Reserve”.

183

Paragraph 18(b)

Before “income”, insert “amounts equal to”.

184

Paragraph 18(b)

Omit “Fund”, substitute “Reserve”.

185

Paragraph 18(c)

Before “any moneys”, insert “amounts equal to”.

186

Paragraph 18(c)

Omit “Fund”, substitute “Reserve”.

187

Paragraph 18(d)

Before “any other moneys”, insert “amounts equal to”.

188

Paragraph 18(e)

Before “any moneys”, insert “amounts equal to”.

189

Subsection 19(1)

Omit “Fund”, substitute “Reserve”.
Note: The heading to section 19 is altered by omitting “Fund” and substituting “Reserve”.

190

Sections 24A, 24B and 25

Repeal the sections, substitute:

25Annual report

(1)
As soon as practicable after 30 June in each year, the Foundation must prepare and give to the Minister a report of the operations of the Foundation during the year.
(2)
The report must include:
(a)
the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and
(b)
an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997; and
(c)
a copy of all directions given by the Minister to the Foundation during the year under subsection 5(3) of this Act.
(3)
The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.
(4)
The Foundation must give the Minister any additional reports (with or without financial statements) that the Minister from time to time requires.

AustraliaNew Zealand Food Authority Act 1991

191

At the end of subsection 6(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

192

At the end of section 11

Add:
(4)
This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Authority.

193

Subsections 50(1), (2) and (3)

Repeal the subsections.

194

Paragraph 52(2)(b)

After “50”, insert “of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997”.

195

Section 56

Repeal the section.

196

At the end of section 57

Add:
(3)
Subsection (2) does not prevent investment of surplus money of the Authority under section 18 of the Commonwealth Authorities and Companies Act 1997.

197

Section 59

Repeal the section.

198

Paragraph 60(1)(b)

Omit “63J(1) of the Audit Act 1901 (as that subsection applies under subsection 59(1))”, substitute “18(2) of the Commonwealth Authorities and Companies Act 1997”.

199

Subsection 60(2)

Repeal the subsection.

200

Section 69

Omit “The Authority must include in each report prepared under section 63M of the Audit Act 1901 (as that section applies to the Authority under subsection 59(1))”, substitute “The members must include in each report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997”.

Australian Broadcasting Corporation Act 1983

201

At the end of subsection 5(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

202

Subsection 8(3)

Omit “this section shall”, substitute “subsection (1) or (2) is to”.

203

Subsection 17(1)

Repeal the subsection.

204

Subsection 17(1A)

Omit “subsection (1)”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.

205

Subsection 17(2)

Repeal the subsection.

206

Subsection 17(5)

Repeal the subsection.

207

Subparagraph 18(2)(a)(ii)

Omit “17”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

208

At the end of subsection 25A(2)

Add:
Note: Section 15 of the Commonwealth Authorities and Companies Act 1997 requires Directors to notify the Minister of significant business activities and arrangements.

209

Subsection 25A(3)

Repeal the subsection.

210

Subsection 68(1)

Omit “Subject to subsection (2), the”, substitute “The”.

211

Subsections 68(2) and (3)

Repeal the subsections, substitute:
(2)
Subsection (1) does not prevent investment of surplus money of the Corporation under section 18 of the Commonwealth Authorities and Companies Act 1997.
Note: The heading to section 68 is altered by omitting “and investment”.

212

Section 69

Repeal the section.

213

Section 72

Repeal the section.

214

At the end of section 78

Add:
(7)
Without limiting subsection (6), section 28 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the Corporation.

215

Section 80

Omit “Board must cause to be included in each report prepared under section 63M of the Audit Act 1901, as that section applies to the Corporation by virtue of section 72 of this Act”, substitute “Directors must include in each annual report on the Corporation prepared under section 9 of the Commonwealth Authorities and Companies Act 1997”.

Australian Centre for International Agricultural Research Act 1982

216

Section 3 (definition of Chairman)

Omit “Chairman” (wherever occurring), substitute “Chair”.

217

Section 3 (definition of Fund)

Repeal the definition.

218

Section 3

Insert:
Reserve means the reserve established by section 33.
219
Section 9, subsections 10(6), 14(2), (4) and (5) and 15(6)
Omit “Chairman” (wherever occurring), substitute “Chair”.

220

Subsection 33(1)

Omit “Trust Fund”, substitute “Reserve”.
Note: The heading to section 33 is altered by omitting “Fund” and substituting “Reserve”.

221

Subsection 33(2)

Repeal the subsection, substitute:
(2)
The Reserve is a component of the Reserved Money Fund.

222

Section 34

Repeal the section, substitute:

34Payments into Reserve

There must be transferred to the Reserve from the Consolidated Revenue Fund:
(a)
all money appropriated by the Parliament for the purposes of the Reserve; and
(b)
amounts equal to money from time to time received by the Centre.

223

Section 35

Omit “Fund”, substitute “Reserve”.
Note: The heading to section 35 is altered by omitting “Fund” and substituting “Reserve”.

224

Section 36

Omit “Fund” (wherever occurring), substitute “Reserve”.

225

Sections 38A, 38AA, 38B and 39

Repeal the sections, substitute:

39Annual report

(1)
As soon as practicable after 30 June in each year, the Board must prepare and give to the Minister a report of the operations of the Centre during the year.
(2)
The report must include:
(a)
the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and
(b)
an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997.
(3)
The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

Australian Film Commission Act 1975

226
Section 3 (definitions of Chairman, Deputy Chairman and member)
Omit “Chairman” (wherever occurring), substitute “Chair”.

227

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

228Subsection 6(4)

Omit all the words from and including “The Commission” to and including “a statement of:”, substitute “The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include a statement of:”.

229

Subsection 15(1) and sections 19 and 20

Omit “Chairman” (wherever occurring), substitute “Chair”.

230Section 22

Repeal the section.

231Subparagraph 23(2)(a)(ii)

Omit “section 22”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.
232
Subsections 23(3) and 28(1), (4), (5), (6) and (7)
Omit “Chairman” (wherever occurring), substitute “Chair”.

233Section 32

Repeal the section.

234Subsection 33(2)

Repeal the subsection, substitute:
(2)
Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997.

235Section 34

Repeal the section.

236

Paragraph 35(2)(b)

Omit “in accordance with subsection 33(2)”, substitute “under section 18 of the Commonwealth Authorities and Companies Act 1997”.

237Sections 37, 38, 40D, 44 and 45

Repeal the sections.

Australian Film, Television and RadioSchool Act 1973

238

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the School. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

239

Subsection 12(5) and section 13

Omit “Chairman” (wherever occurring), substitute “Chair”.

240

Paragraph 18(c)

Omit “19”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

241

Section 19

Repeal the section.

242

Sections 20 and 23

Omit “Chairman” (wherever occurring), substitute “Chair”.

243

Paragraph 29(1)(c)

Omit “19”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

244

Sections 37 and 38

Repeal the sections.

245

After subsection 39(1)

Insert:
(1A)
Subsection (1) does not prevent investment of surplus money of the School under section 18 of the Commonwealth Authorities and Companies Act 1997.

246

Paragraph 51(c)

Omit “chairman”, substitute “chair”.

Australian Heritage Commission Act 1975

247

Section 3 (definition of Chairman)

Omit “Chairman” (wherever occurring), substitute “Chair”.

248

At the end of subsection 11(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.
249
Paragraph 12(1)(a), subsections 12(1A), (3), (7), (8) and (9), section 16 and subsection 17(2)
Omit “Chairman” (wherever occurring), substitute “Chair”.

250

Paragraph 18(2)(c)

Omit “section 19”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.

251Section 19

Repeal the section, substitute:

19Application of section 21 of the Commonwealth Authorities and Companies Act 1997 to deemed and co‑opted Commissioners

Section 21 of the Commonwealth Authorities and Companies Act 1997 (disclosure of material personal interests) applies to a person deemed to be a Commissioner under subsection 17(3), or to a person who is a co‑opted Commissioner, as if the person were a Commissioner.

252

Section 20

Omit “Chairman” (wherever occurring), substitute “Chair”.

253Subsection 21(3)

Repeal the subsection, substitute:
(3)
A person appointed under subsection (1):
(a)
is to be regarded as a Commissioner for the purposes of section 14 of this Act and of section 21 of the Commonwealth Authorities and Companies Act 1997; but
(b)
is not to be regarded as a Commissioner for the purposes of any of the other provisions of this Act or of the Commonwealth Authorities and Companies Act 1997.

254

Subsection 32(2)

Omit “Chairman”, substitute “Chair”.

255

At the end of section 35

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997.

256Sections 36, 38, 40 and 41

Repeal the sections.

257Section 43

Repeal the section, substitute:

43Extra reporting requirements

(1)
The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:
(a)
a description of the condition of the national estate at the end of the period to which the report relates; and
(b)
the text of all directions given by the Minister to the Commission under section 25 during the period to which the report relates.
(2)
The Commission may also give the Minister any other reports relating to the national estate that it thinks fit.
(3)
The Minister must cause any report the Commission gives the Minister under subsection (2), or under paragraph 16(1)(b) of the Commonwealth Authorities and Companies Act 1997, to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Australian Horticultural Corporation Act 1987

258Subsection 3(1) (definition of authorised auditor)
Repeal the definition.
259
Subsection 3(1) (definition of company auditor)
Repeal the definition.
260
Subsection 3(1) (definition of Corporation auditor)
Repeal the definition.

261At the end of subsection 12(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

262

At the end of section 13

Add:
Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

263

Section 14

Repeal the section.

264

Subsection 15(8)

Repeal the subsection.

265

At the end of section 15

Add:
Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

266Section 23

Repeal the section.

267

Paragraph 24(2)(b)

Omit “23”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

268Subsection 30(1)

Repeal the subsection.

269Subsection 30(2)

Omit “Without limiting the generality of subsection (1), the Corporation shall include in the report:”, substitute “The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:”.
Note: The heading to section 30 is replaced by the heading “Extra matters to be included in annual report”.

270

Paragraph 30(2)(a)

Omit “and of each Board”.

271

Paragraph 30(2)(b)

Omit “or a Board” (wherever occurring).

272Subsections 30(3), (4), (4A) and (5)

Repeal the subsections.

273

After section 30

Insert:

30ACorporation to give Minister annual reports on Product Boards

(1)
The Corporation must, by the 15 October after the end of each financial year, give to the Minister the annual report on each Product Board for that year given to the Corporation by the Board under section 9 of the Commonwealth Authorities and Companies Act 1997 (as modified by section 101A of this Act).
(2)
The Minister may grant an extension of time in special circumstances.
(3)
The Minister must table each report in each House of the Parliament as soon as practicable.

274Subsection 49(1)

Repeal the subsection.
Note: The heading to section 49 is replaced by the heading “Separate accounts may be required in some circumstances”.

275

Sections 50, 51, 56 and 57

Repeal the sections.

276

Subsection 73(5)

Repeal the subsection, substitute:
(5)
Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to the committee as if the committee were a Commonwealth authority (as defined in that Act).

277

At the end of section 84

Add:
Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

278

Section 85

Repeal the section.

279

Subsection 86(8)

Repeal the subsection.

280

At the end of section 86

Add:
Note: For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

281

At the end of subsection 101(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to each Board. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

282

After section 101

Insert:

101AModification of the Commonwealth Authorities and Companies Act 1997

Section 9 of the Commonwealth Authorities and Companies Act 1997 applies in relation to a Board as if:
(a)
a reference to the responsible Minister were instead a reference to the Corporation; and
(b)
the reference to the 15th day of the 4th month after the end of the financial year were instead a reference to the next 31 August after the end of the financial year; and
(c)
subsection (3) were omitted.

283

Subsection 115F(1)

Repeal the subsection.

284

Subsection 115F(2)

Omit “Without limiting the generality of subsection (1), each report must include:”, substitute “The annual report on a Board under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:”.
Note: The heading to section 115F is replaced by the heading “Extra matters to be included in Product Board annual reports”.

285

Subsections 115F(3), (4) and (5)

Repeal the subsections.

286

Section 115FA

Omit “a report of a Board has been given to the Corporation under subsection 115F(1)”, substitute “an annual report on a Board has been given to the Corporation”.

287

Section 115S

Omit “50, 51,”.

288

Section 115T

Repeal the section.

289

Subsection 115ZB(5)

Repeal the subsection, substitute:
(5)
Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to a committee as if the committee were a Commonwealth authority (as defined in that Act).

Australian Industry Development Corporation Act 1970

290

Section 4 (definition of Chairman)

Omit “Chairman” (wherever occurring), substitute “Chair”.

291

At the end of subsection 5(2)

Add:
Note: Subject to section 5A, the Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers.

292

After section 5

Insert:

5AModification of the Commonwealth Authorities and Companies Act 1997—how that Act applies to subsidiaries

(1)
Sections 15, 16, 17, 28 and 29 of the Commonwealth Authorities and Companies Act 1997 have effect, as they apply to the Corporation, as if a reference in any of those sections to a subsidiary were instead a reference to an eligible subsidiary in relation to the Corporation as defined in section 4 of this Act.
(2)
Finance Minister’s Orders referred to in subsection 13(2) of the Commonwealth Authorities and Companies Act 1997 cannot require the Corporation to include, in reports under section 13 of that Act, information about a subsidiary of the Corporation that is not an eligible subsidiary (as defined in section 4 of this Act).

293

Subsection 8A(10)

Omit all the words after “and shall include”, substitute “in the annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 a separate report on each such operation carried on during the year to which the report relates.”.

294

Subsection 8A(12)

Repeal the subsection.

295

Section 9

After “this Act”, insert “and the Commonwealth Authorities and Companies Act 1997”.
296
Section 11, subsections 12(1) and 13(2), sections 15A, 16, 17 and 18 and subsection 19(1)
Omit “Chairman” (wherever occurring), substitute “Chair”.

297

Paragraph 19(3)(b)

Omit “22”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.
298
Section 20, paragraph 20A(1)(b) and subsections 21(1), (2), (3), (4) and (5)
Omit “Chairman” (wherever occurring), substitute “Chair”.

299

Sections 22, 23B, 23C and 23D

Repeal the sections.

300

Section 23E

After “financial target”, insert “for a corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997”.

301

Sections 23F, 23H and 25

Repeal the sections.

302

Subsection 26(1)

Omit “Subject to subsection (2), moneys”, substitute “Money”.

303

Subsection 26(2)

Repeal the subsection, substitute:
(2)
Subsection (1) does not prevent the investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997.

304

Section 28

Repeal the section.

305

Subsections 29(1) to (7) (inclusive)

Repeal the subsections.

306

Paragraph 29(8)(a)

Omit “under this section”.
Note: The heading to section 29 is replaced by the heading “Additional audit arrangements”.

307

Subsection 33(2)

Omit “Chairman”, substitute “Chair”.

308

Subsections 37(1) to (2B) (inclusive)

Repeal the subsections.

309

Subsection 37(2C)

Omit “The report of the corporation’s operations for a financial year shall:”, substitute “The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also:”.
Note: The heading to section 37 is replaced by the heading “Extra reporting requirements”.

310

Paragraph 37(2C)(b)

Omit “overall”.

311

Paragraphs 37(2C)(d) and (e)

Omit “target”, substitute “targets”.

312

Subsection 37(3)

Repeal the subsection.

313

Subsection 37(4)

Omit “under subsection (3)”, substitute “relating to the Corporation under Part 2 of Schedule 1 to the Commonwealth Authorities and Companies Act 1997”.

314

Subsection 37(5)

Repeal the subsection, substitute:
(5)
In this section:
corporate plan means the corporate plan for the Corporation under section 17 of the Commonwealth Authorities and Companies Act 1997.

315

After section 37

Insert:

37AInformation about the receiving subsidiary

(1)
The Minister or the Finance Minister may require the Corporation to give to him or her a copy of information of a particular kind about the receiving subsidiary that is provided to the Corporation as a holder of shares in the receiving subsidiary.
(2)
The Directors must comply with the requirement as soon as practicable after receiving information of that kind.
(3)
In this section:
Finance Minister means the Minister who administers the Commonwealth Authorities and Companies Act 1997.

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

316

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

317

Section 19

Repeal the section.

318

Paragraph 21(2)(b)

Omit “19”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

319

Section 37

Repeal the section.

320

At the end of section 38

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997.

321

Section 40

Repeal the section.

322

Subsection 42(1)

Repeal the subsection.
Note: The heading to section 42 is altered by omitting “Minister and Commission” and substituting “Commission and TSRA”.

323

Section 58

Repeal the section.

Australian Institute of Health and Welfare Act 1987

324

Subsection 3(3)

Repeal the subsection.

325

At the end of section 3

Add:
Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

326

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

327

At the end of section 7

Add:
(3)
This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Institute.

328

Paragraph 13(2)(b)

Omit “14”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

329

Subsections 14(1) and (2)

Repeal the subsections.

330

Subsection 14(3)

Omit “This section”, substitute “Section 21 of the Commonwealth Authorities and Companies Act 1997”.

331

Subsection 16(13)

Repeal the subsection, substitute:
(13)
A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:
(a)
that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and
(b)
that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.
The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.
(14)
The disclosure must be recorded in the minutes of the meeting.
(15)
Subsection (13) does not apply to an interest held by a member described in paragraph 8(1)(c), (ca), (cb) or (h) or subsection 8(2) merely because the member was nominated by a body or person mentioned in that paragraph or subsection.

332

Section 21

Repeal the section.

333

At the end of section 22

Add:
(3)
Subsection (2) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997.

334

Subsection 24(1)

Repeal the subsection.
Note: The heading to section 24 is replaced by the heading “Extra matters to be included in annual report”.

335

Subsection 24(2)

Omit “prepared under section 63M of the Audit Act 1901 (as that section applies by virtue of subsection (1)) shall”, substitute “on the Institute under section 9 of the Commonwealth Authorities and Companies Act 1997 must”.

336

Paragraph 25(1)(a)

Omit “subsection 63J(1) of the Audit Act 1901 (as that subsection applies by virtue of subsection 24(1))”, substitute “subsection 18(2) of the Commonwealth Authorities and Companies Act 1997”.

337

Subsection 25(2)

Repeal the subsection.

Australian Institute of Marine Science Act 1972

338

Subsection 5(2)

Repeal the subsection.

339

At the end of subsection 7(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

340

Section 10AA

Repeal the section.

341

Paragraph 16(c)

Omit “18”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

342

Section 18

Repeal the section.

343

Paragraph 28(d)

Omit “18”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

344

Section 37

Repeal the section.

345

At the end of section 38

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997.

346

Section 40

Repeal the section.

AustralianLand Transport Development Act 1988

347

Title

Omit “Trust Fund”, substitute “reserve”.

348

Subsection 3(1) (definition of Fund)

Repeal the definition.

349

Subsection 3(1)

Insert:
Reserve means the Australian Land Transport Reserve established by section 11.

350

Paragraph 3(6)(a)

Omit “Fund” (wherever occurring), substitute “Reserve”.

351

Subsections 10(3) and (4)

Repeal the subsections.

352

Part 2 (heading)

Repeal the heading, substitute:

Part 2—AustralianLand Transport Development Reserve

353

Subsection 11(1)

Omit “fund”, substitute “reserve”.
Note: The heading to section 11 is altered by omitting “Fund” and substituting “Reserve”.

354

Subsection 11(1)

Omit “Trust Fund”, substitute “Reserve”.

355

Subsection 11(2)

Repeal the subsection, substitute:
(2)
The Reserve is a component of the Reserved Money Fund.

356

Subsection 12(1)

Omit “Fund”, substitute “Reserve out of the Consolidated Revenue Fund”.
Note: The heading to section 12 is altered by omitting “Fund” and substituting “Reserve”.

357

Subsection 12(2)

Omit “Fund”, substitute “Reserve”.

358

Subsection 12(4)

Repeal the subsection, substitute:
(4)
If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

359

Section 13

Repeal the section.

360

Section 15

Omit “the Fund” (wherever occurring), substitute “the Reserve”.
Note: The heading to section 15 is altered by omitting “Fund” and substituting “Reserve”.

361

Section 16

Repeal the section.
362

Sections 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28A, 29, 30, 31, 32 and 33
Omit “the Fund” (wherever occurring), substitute “the Reserve”.
Note 1: The heading to section 28 is altered by omitting “Fund” and substituting “Reserve”.
Note 2: The heading to section 28A is altered by omitting “Fund” and substituting “Reserve”.
Note 3: The heading to section 31 is altered by omitting “Fund” and substituting “Reserve”.

363

Subsection 34(1)

Repeal the subsection, substitute:
(1)
Whenever an amount is repaid to the Commonwealth by a State, approved railway authority or approved organisation under this Act, an equal amount must be transferred to the Reserve from the Consolidated Revenue Fund.

364

Section 35

Repeal the section.

365

Paragraph 37(1)(a)

Omit “Fund”, substitute “Reserve”.

366

Paragraph 40(d)

Omit “the Fund”, substitute “the Reserve”.

367

Subsection 41(1)

Omit “Fund” (wherever occurring), substitute “Reserve”.

Australian Maritime Safety Authority Act 1990

368

At the end of subsection 5(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

369

At the end of subsection 10(2)

Add:
Note: Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 gives the Authority power to invest its surplus money.”.

370

Section 11

Repeal the section.

371

Section 19

Repeal the section.

372

Paragraph 21(2)(d)

Omit “19”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

373

Section 28

Repeal the section.

374

Sections 44 and 45

Repeal the sections.

Australian National Maritime Museum Act 1990

375

At the end of subsection 5(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Museum. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

376

Subsection 10(5)

Omit “The Museum must, in each report prepared under section 63M of the Audit Act 1901 (as that section applies by virtue of subsection 48(1)),”, substitute “In each report on the Museum under section 9 of the Commonwealth Authorities and Companies Act 1997, the members must”.

377

Paragraph 21(2)(c)

Omit “22”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

378

Section 22

Repeal the section.

379

Subsection 23(6)

Omit “22(2)”, substitute “21(3) of the Commonwealth Authorities and Companies Act 1997”.

380

Paragraph 36(2)(e)

Omit “22 or 37”, substitute “37 of this Act, or section 21 of the Commonwealth Authorities and Companies Act 1997,”.

381

Subsection 44(4)

Omit “section 63J of the Audit Act 1901 (as that section applies because of section 48 of this Act)”, substitute “subsection 18(2) of the Commonwealth Authorities and Companies Act 1997”.

382

Subsection 45(2)

Repeal the subsection, substitute:
(2)
Subsection (1) does not prevent investment of surplus money of the Museum under section 18 of the Commonwealth Authorities and Companies Act 1997.

383

Section 46

Repeal the section.

384

Subsection 47(3)

Omit “45(2) or paragraph 50(2)(b)”, substitute “18(3) of the Commonwealth Authorities and Companies Act 1997 or paragraph 50(2)(b) of this Act”.

385

Subsections 48(1) and (2)

Repeal the subsections.
Note: The heading to section 48 is replaced by the heading “Extra matters to be included in annual report”.

386

Subsection 48(3)

Omit “submitted by the Museum under section 63M of the Audit Act 1901, as that section applies because of subsection (1) of this section, shall”, substitute “prepared by the members under section 9 of the Commonwealth Authorities and Companies Act 1997 must”.

387

Subsection 50(1)

Omit “opened and maintained under section 63J of the Audit Act 1901 (as that section applies because of section 48 of this Act) that does not, or accounts referred to in that section that do not,”, substitute “maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 that does not”.

388

Subsections 50(3) and (4)

Repeal the subsections.

Australian National Railways Commission Act 1983

389
Subsection 3(1) (definition of authorised auditor)
Repeal the definition.

390

Subsection 3(1)

Insert:
annual reportmeans an annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997.
corporate plan means a corporate plan for the Commission under section 17 of the Commonwealth Authorities and Companies Act 1997.
391
Section 3 (definitions of Chairman, Commissioner and Deputy Chairman)
Omit “Chairman” (wherever occurring), substitute “Chair”.

392

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

393

Subsections 8(3), (4) and (5)

Repeal the subsections.

395

Subsection 20A(3)

Omit “, in developing objectives, strategies and policies under subsection 22(1),”, substitute “, in preparing its corporate plan,”.

396

Subsection 20A(4)

Repeal the subsection.

397

Section 22

Repeal the section.
398
Paragraphs 24(1)(a) and (b), subsections 24(4), (5) and (6) and 26(1), (2) and (3), sections 29 and 30 and paragraph 31(1)(b)
Omit “Chairman” (wherever occurring), substitute “Chair”.

399

Paragraph 32(2)(d)

Omit “his obligations under section 33”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.

400

Subsection 32(3A)

Repeal the subsection, substitute:
(3A)
If:
(a)
the Minister is of the opinion that:
(i)
the Commission has failed to comply with section 20B of this Act; or
(ii)
the Commissioners have failed to comply with:
(A)
subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997; or
(B)
paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997; and
(b)
the Minister proposes that the appointment of all or specified Commissioners be terminated;
the Governor‑General is to terminate the appointment of all Commissioners, or the specified Commissioners, as the case may be.

401

Sections 33 and 59

Repeal the sections.
402
Subsections 34(2), (4) and (5) and 36A(2), sections 36E, 39 and 41 and subsections 43(1), (2), (6) and (8)
Omit “Chairman” (wherever occurring), substitute “Chair”.

403

Subsection 60(2)

Repeal the subsection, substitute:
(2)
Subsection (1) does not prevent investment of surplus money of the Commission under section 19 of the Commonwealth Authorities and Companies Act 1997.

404

Sections 65, 66 and 66A

Repeal the sections.

405

Subsection 67A(1)

Repeal the subsection.

406

Subsection 67A(2)

Omit “The report shall:”, substitute “The Commission’s annual report must also:”.
Note: The heading to section 67A is replaced by the heading “Extra matters to be included in annual report”.

407

Paragraph 67A(2)(a)

Omit “8(5) or”.
408
At the end of paragraphs 67A(2)(a), (b), (c) and (d) and subparagraph 67A(2)(e)(i)
Add “and”.

409

After paragraph 67A(2)(a)

Insert:
(aa)
include a summary of:
(i)
notices given to the Commission in that financial year under subsection 20A(1); and
(ii)
action taken by the Commission, in that financial year, because of notices given to the Commission under subsection 20A(1); and

410

Subsection 67A(3)

Repeal the subsection, substitute:
(3)
The financial statements in the annual report must show separately the financial effect on the Commission’s operations of each direction that:
(a)
was given to the Commission by the Minister under subsection 19(2); and
(b)
was applicable to the year to which the report relates.

411

Subsections 67A(4), (5), (6) and (7)

Repeal the subsections.

412

Section 71

Repeal the section.

Australian National Training Authority Act 1992

413

At the end of section 18

Add:
(5)
This section does not affect, and is not affected by, section 9 of the Commonwealth Authorities and Companies Act 1997 as it applies in relation to the Authority under section 23 of this Act.

414

Section 23

Repeal the section, substitute:

23Application of the Commonwealth Authorities and Companies Act

(1)
The Authority is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.
(2)
Sections 9, 11, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Authority as if it were a Commonwealth authority for the purposes of that Act.
(3)
A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.

AustralianNationalUniversity Act 1991

415

At the end of subsection 4(2)

Add:
Note: Subject to section 4A, the Commonwealth Authorities and Companies Act 1997 applies to the University. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking, and conduct of officers.

416

After section 4

Insert:

4AModification of the Commonwealth Authorities and Companies Act 1997

(1)
Section 14, subsection 18(3), and sections 28 and 29, of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the University.
(2)
Nothing in section 16 of the Commonwealth Authorities and Companies Act 1997 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.

4BUniversity’s financial year starts on 1 January

For the purposes of the Commonwealth Authorities and Companies Act 1997, the University’s financial year is a period of 12 months starting on 1 January.

417

Subsection 6(3)

After “this Act”, insert “or the Commonwealth Authorities and Companies Act 1997”.

418

Section 14

Repeal the section.

419

Paragraph 15(1)(e)

Omit “subsection 14(1)”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.

420

Sections 45, 46, 47 and 49

Repeal the sections.

421

Subsection 50(1)

After “this Act” (first occurring), insert “or the Commonwealth Authorities and Companies Act 1997”.

422

Subparagraph 50(2)(f)(iii)

Repeal the subparagraph, substitute:
(iii)
disclosure of pecuniary interests at meetings of the Convocation or of a statutory Board; and

Australian Nuclear Science and Technology Organisation Act 1987

423

Subsection 3(2)

Repeal the subsection.

424

At the end of subsection 4(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Organisation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

425

Subsections 7(1) and (2)

Repeal the subsections.
Note: The heading to section 7 is replaced by the heading “Disclosure of the Organisation’s interests in companies”.

426

Subsection 7(3)

Omit “Subject to subsection (4), where”, substitute “If”.

427

Subsection 7(4)

Repeal the subsection.

428

Subsection 9(6)

Repeal the subsection.

429

At the end of section 9

Add:
Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

430

Paragraph 14(2)(c)

Omit “15”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

431

Section 15

Repeal the section.

432

Subsection 16(6)

Omit “15(2)”, substitute “21(3) of the Commonwealth Authorities and Companies Act 1997”.

433

Paragraph 21C(2)(d)

Omit “15 or 22”, substitute “22 of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997”.

434

Subsection 26(12)

Repeal the subsection.

435

At the end of section 26

Add:
Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

436

Subsection 27(4)

Repeal the subsection, substitute:
(4)
Subsection (3) does not prevent investment of surplus money of the Organisation under section 18 of the Commonwealth Authorities and Companies Act 1997.

437

Section 28

Repeal the section.

438

Subsections 29(1) and (2)

Repeal the subsections.
Note: The heading to section 29 is replaced by the heading “Extra matters to be included in annual report”.

439

Subsection 29(3)

Omit “Organisation shall, in each report prepared pursuant to section 63M of the Audit Act 1901 (as that section applies in relation to the Organisation by virtue of subsection (1))”, substitute “members of the Board must, in each annual report they prepare under section 9 of the Commonwealth Authorities and Companies Act 1997,”.

440

At the end of subsection 37(2)

Add:
Note: Subject to section 37R, the Commonwealth Authorities and Companies Act 1997 applies to the Bureau. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

441

Subsection 37Q(4)

Repeal the subsection, substitute:
(4)
Subsection (3) does not prevent investment of surplus money of the Bureau under section 18 of the Commonwealth Authorities and Companies Act 1997.

442

Section 37R

Repeal the section, substitute:

37RApplication of the Commonwealth Authorities and Companies Act 1997

(1)
The Commonwealth Authorities and Companies Act 1997 (except section 21) applies in relation to the Bureau as if the Director of the Nuclear Safety Bureau were a director of the Bureau for the purposes of that Act.
(2)
Each annual report prepared by the Director under section 9 of the Commonwealth Authorities and Companies Act 1997 must include particulars of each direction that:
(a)
was given by the Minister to the Bureau under section 37D of this Act; and
(b)
applied in relation to the financial year covered by the report.

443

Section 37U

Repeal the section, substitute:

37UTabling of reports and documents given to the Minister by the Bureau

Within 15 sitting days of receiving a report or document from the Bureau under section 16 of the Commonwealth Authorities and Companies Act 1997, the Minister must cause a copy of the report or document to be tabled in each House of the Parliament.

444

Subsection 39(1)

Omit “opened and maintained pursuant to section 63J of the Audit Act 1901 (as that section applies in relation to the Organisation by virtue of section 29 of this Act) that does not, or accounts referred to in that section that do not,”, substitute “maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 that does not”.

445

Subsection 39(2)

Omit “, 28 and 29”.

446

Subsections 39(3), (4) and (5)

Repeal the subsections.

Australian Postal Corporation Act 1989

447

Section 3 (definition of authorised auditor)

Repeal the definition.

448

At the end of section 13

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to Australia Post. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

449

Paragraph 28(a)

Omit “notified by the Minister under section 48”, substitute “of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997”.

450

Sections 35, 36 and 37

Repeal the sections.

451

Section 38

After “financial target”, insert “for inclusion in a corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997”.

452

Paragraph 38(h)

Omit “notified by the Minister under section 48”, substitute “of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997”.

453

Section 39

Repeal the section.

454

Subsection 40(1)

Omit all the words from and including “When” to and including “receiving the copy of the plan”, substitute “If the Minister receives a corporate plan for Australia Post under section 17 of the Commonwealth Authorities and Companies Act 1997, the Minister may, within 60 days”.

455

Paragraph 40(1)(b)

Omit “the”, substitute “a”.

456

At the end of section 40

Add:
(5)
Australia Post must comply with a direction under subsection (1) and must inform the Minister of the changes made to the plan to comply with the direction.

457

Sections 41 and 42

Repeal the sections.

458

Section 43

Omit “The report of Australia Post’s operations for a financial year shall:”, substitute “The annual report on Australia Post under section 9 of the Commonwealth Authorities and Companies Act 1997 must also:”.
Note: The heading to section 43 is altered by omitting “General” and substituting “Extra general”.

459

Paragraph 43(b)

Repeal the paragraph, substitute:
(b)
include an outline of:
(i)
the strategies and policies of Australia Post and its subsidiaries that are set out in the corporate plan; and
(ii)
the financial targets and non-financial performance measures that are set out in the corporate plan; and

460

Subparagraph 43(g)(i)

Omit “notified under section 48”, substitute “of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997”.

461

At the end of section 43

Add:
(2)
In this section:
corporate plan means the corporate plan for Australia Post under section 17 of the Commonwealth Authorities and Companies Act 1997.

462

Subsection 44(1)

Omit “The report of Australia Post’s operations for a financial year shall:”, substitute “The annual report on Australia Post under section 9 of the Commonwealth Authorities and Companies Act 1997 must also:”.
Note: The heading to section 44 is altered by omitting “Financial” and substituting “Extra financial”.

463

Paragraph 44(1)(a)

Omit “target”, substitute “targets”.

464

Paragraph 44(1)(b)

Omit “vary the”, substitute “vary a”.

465

Paragraph 44(1)(c)

Omit “target”, substitute “targets”.

466

Subparagraph 44(1)(g)(ii)

Omit “notified by the Minister under section 48”, substitute “of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997”.

467

At the end of section 44

Add:
(3)
In this section:
corporate plan means the corporate plan for Australia Post under section 17 of the Commonwealth Authorities and Companies Act 1997.

468

Sections 45, 46, 47 and 48

Repeal the sections.

469

Subsection 57(2)

Repeal the subsection, substitute:
(2)
Subsection (1) does not prevent investment of surplus money of Australia Post under section 19 of the Commonwealth Authorities and Companies Act 1997.

470

Sections 58 and 59

Repeal the sections.

471

Subsection 67(2)

Omit “subsection 71(2)”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.

472

Section 71

Repeal the section, substitute:

71Disclosure not required in relation to publicly available goods or services

Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply to a matter relating to the supply of goods or services for a director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

473

Paragraph 79(2)(b)

Omit “71”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

474

Paragraph 79(5)(a)

Omit “41, 46 or 47”, substitute “15 or 16, or subsection 17(5), of the Commonwealth Authorities and Companies Act 1997”.

Australian Securities Commission Act 1989

475

At the end of section 8

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

476

Subsection 10(2)

Repeal the subsection.

477

At the end of section 10

Add:
Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

478

At the end of section 124

Add:
(7)
Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply to members.

479

Subsection 135(1)

Omit “Subject to subsection (3), the”, substitute “The”.

480

Subsection 135(3)

Repeal the subsection, substitute:
(3)
Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997.

481

Subsection 135(4)

Omit “has effect”, substitute “and subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 have effect in relation to the Commission”.

482

Subsection 135(6)

Omit “subsection (3)”, substitute “subsection 18(3) of the Commonwealth Authorities and Companies Act 1997”.

483

Repeal the subsection.
Note: The heading to section 51 is replaced by the heading “Extra matters to be included in annual report”.

1191

Subsection 51(2)

Omit “The Organisation shall, in each report prepared under section 63M of the Audit Act 1901 in respect of a financial year,”, substitute “In each report on the Organisation under section 9 of the Commonwealth Authorities and Companies Act 1997, the members must”.

1192

Paragraph 51(2)(e)

Omit “14”, substitute “28 of the Commonwealth Authorities and Companies Act 1997”.

Sea Installations Act 1987

1193

Subsections 38(1), (2) and (3)

Repeal the subsections, substitute:
(1)
This subsection establishes a reserve called the Sea Installations Reserve.
(2)
The Reserve is a component of the Reserved Money Fund.
(3)
There must be transferred to the Reserve from the Consolidated Revenue Fund amounts equal to money paid as a security under section 37 by way of a cash deposit.
Note: The heading to section 38 is altered by omitting “Trust Account” and substituting “Reserve”.

1194

Subsection 38(4)

Omit “account that is”, substitute “Reserve that represents”.

Services Trust Funds Act 1947

1195

Section 5

Omit “chairman” (wherever occurring), substitute “chair”.

1196

Section 34

Repeal the section, substitute:

34Application of the Commonwealth Authorities and Companies Act 1997 and the Auditor‑General Act 1997

(1)
The trustees of each fund are taken to constitute a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 and the Auditor‑General Act 1997.
(2)
Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Trust.
Note: The Commonwealth Authorities and Companies Act 1997 deals with matters relating to Commonwealth authorities, including reporting and accountability, banking, and conduct of officers.

35Financial years start on 1 July

(1)
For the purposes of the Commonwealth Authorities and Companies Act 1997, the financial year for the trustees of each fund is, subject to subsection (2), a period of 12 months starting on 1 July.
(2)
The first annual report required to be prepared under the Commonwealth Authorities and CompaniesAct1997 by the trustees of each fund is to relate to the period of 18 months starting on the last 1 January before the commencement of this section.
Note: Previously, funds had financial years that ended on 31 December.

1197

Paragraph 36(b)

Omit “chairman”, substitute “chair”.

SnowyMountains Hydro-electric Power Act 1949

1198

At the end of subsection 7(2)

Add:
Note: Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1199

After section 11

Insert:

11ADisclosure of Commissioner’s interests

If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.

1200

At the end of section 13

Add:
; or (f)
if the Commissioner contravenes section 11A without reasonable excuse.

1201

Section 26

Repeal the section, substitute:

26Application of the Commonwealth Authorities and Companies Act 1997

(1)
The Commonwealth Authorities and Companies Act 1997 (except section 21) applies to the Authority as if:
(a)
the Authority were a body corporate; and
(b)
the Commissioner were a director of the Authority for the purposes of that Act.
(2)
For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:
(a)
Associate Commissioners;
(b)
members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.

1202

Subsection 30(1)

Omit “63E of the Audit Act 1901”, substitute “19 of the Commonwealth Authorities and Companies Act 1997”.

1203

Section 30A

Repeal the section.

1204

Subsections 31(2), (3) and (4)

Repeal the subsections, substitute:
(2)
Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997.

1205

Sections 32 and 32A

Repeal the sections.
1206
Subclauses 17(2) and 18(1) and (2) of Schedule 1
Omit “Chairman” (wherever occurring), substitute “Chair”.

Special Broadcasting Service Act 1991

1207

At the end of subsection 5(1)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the SBS. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1208

At the end of section 13

Add:
(2)
The Minister may notify the Directors of general policies of the Commonwealth Government under section 28 of the Commonwealth Authorities and Companies Act 1997. However, the Minister must not notify the Directors of general policies that would affect the content or scheduling of programs.
Note: The heading to section 13 is replaced by the heading “Limits on Government directions to SBS”.

1209

Subparagraph 27(2)(c)(ii)

Omit “43”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

1210

Paragraph 37(2)(d)

Omit “or 43”, substitute “of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997”.

1211

Subsection 40(2)

Omit “43(2)”, substitute “21(3) of the Commonwealth Authorities and Companies Act 1997”.

1212

Section 43

Repeal the section.

1213

At the end of subsection 52(2)

Add:
Note: Section 15 of the Commonwealth Authorities and Companies Act 1997 requires Directors to notify the Minister of significant business activities and arrangements.

1214

Subsection 52(3)

Repeal the subsection.

1215

Subsections 58(2) and 58(3)

Repeal the subsections, substitute:
(2)
Subsection (1) does not prevent investment of surplus money of the SBS under section 18 of the Commonwealth Authorities and Companies Act 1997.
Note: The heading to section 58 is altered by omitting “and investment”.

1216

Section 66

Repeal the section.

1217

Section 69

Repeal the section.

1218

Section 73

Omit “Board must include in each report prepared under section 63M of the Audit Act 1901, as that section applies to the SBS because of section 69 of this Act”, substitute “Directors must include in each report on the SBS under section 9 of the Commonwealth Authorities and Companies Act 1997”.

States Grants (Primary and Secondary Education Assistance) Act 1992

1219

Subsection 115(2)

Omit “section 50 of the Audit Act 1901”, substitute “section 55 of the Financial Management and Accountability Act 1997”.

States Grants (Schools Assistance) Act 1984

1220

Subsection 87(2)

Omit “section 50 of the Audit Act 1901”, substitute “section 55 of the Financial Management and Accountability Act 1997”.

States Grants (Schools Assistance) Act 1988

1221

Subsection 48(2)

Omit “section 50 of the Audit Act 1901”, substitute “section 55 of the Financial Management and Accountability Act 1997”.

States Grants (TAFE Assistance) Act 1989

1222

Subsection 26(2)

Omit “section 49 or 50 of the Audit Act 1901”, substitute “section 54 or 55 of the Financial Management and Accountability Act 1997”.

Stevedoring Industry Finance Committee Act 1977

1223

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Committee. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1224

Section 17

Repeal the section.

1225

At the end of section 18

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the Committee under section 18 of the Commonwealth Authorities and Companies Act 1997.

1226

Section 28

Repeal the section.

Student and Youth Assistance Act 1973

1227

Subsection 3(1) (definition of Fund)

Repeal the definition.

1228

Subsection 3(1)

Insert:
Reserve means the Students (Financial Supplement) Reserve established by section 12M.

1229

Section 12M

Repeal the section, substitute:

12MStudents (Financial Supplement) Reserve

(1)
This subsection establishes a reserve called the Students (Financial Supplement) Reserve.
(2)
The Reserve is a component of the Reserved Money Fund.

1230

Subsection 12N(2)

Omit “Any amount”, substitute “An amount equal to any amount”.

1231

Subsection 12N(2)

Omit “is to be paid into the Fund”, substitute “is to be paid into the Reserve out of the Consolidated Revenue Fund”.

1232

Paragraph 12N(2)(a)

Omit “Fund” (wherever occurring), substitute “Reserve”.

1233

Subsection 12N(3)

Omit “Fund” (wherever occurring), substitute “Reserve”.

1234

Paragraph 56(f)

Omit “Fund”, substitute “Reserve”.

Superannuation Act 1976

1235

At the end of section 27B

Add:
(4)
The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

1236

Paragraph 41(2)(e)

Repeal the paragraph, substitute:
(e)
to open and maintain accounts with banks.

1237

At the end of section 41

Add:
(9)
In this section:
bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997.

1238

Section 44

Repeal the section, substitute:

44Accounting records

(1)
The Board must keep proper accounts and records of the Fund’s transactions and affairs in accordance with the accounting principles generally applied in commercial practice.
(2)
The Board must do all things necessary to ensure that:
(a)
all payments out of the Fund are correctly made and properly authorised; and
(b)
adequate control is maintained over the assets of the Fund and over the incurring of liabilities by the Board in respect of the Fund.
(3)
If a requirement of this section is contravened, each member of the Board who intentionally:
(a)
caused the contravention; or
(b)
failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;
is guilty of an offence.
Penalty for contravention of subsection (3):
Imprisonment for 6 months.

44AAudit

(1)
At least once a year, the Auditor‑General must:
(a)
inspect and audit:
(i)
the accounts and records of the Fund’s financial transactions; and
(ii)
the records relating to assets of the Fund; and
(b)
report to the Minister the results of the inspection and audit.
(2)
The Auditor‑General may, however, decide to dispense with all or any part of the detailed inspection and audit of the accounts and records.
(3)
The Auditor‑General must, as soon as practicable, report to the Minister any irregularity disclosed by the inspection and audit that the Auditor‑General thinks is sufficiently important to be reported.
Note: For the information-gathering powers of the Auditor‑General, see Part 5 of the Auditor‑General Act 1997.
1239
Section 170 (definition of authorized person)
Omit “Chairman” (wherever occurring), substitute “Chair”.

Superannuation Act 1990

1240

At the end of section 21

Add:
(4)
The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997.

1241

Section 27

Repeal the section, substitute:

27Banking

(1)
The Board must pay all money received by it in respect of the PSS Fund into an account maintained by it with a bank.
(2)
In this section:
bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997.

27AAccounting records

(1)
The Board must keep proper accounts and records of the PSS Fund’s transactions and affairs in accordance with the accounting principles generally applied in commercial practice.
(2)
The Board must do all things necessary to ensure that:
(a)
all payments out of the PSS Fund are correctly made and properly authorised; and
(b)
adequate control is maintained over the assets of the PSS Fund and over the incurring of liabilities by the Board in respect of the PSS Fund.
(3)
If a requirement of this section is contravened, each member of the Board who intentionally:
(a)
caused the contravention; or
(b)
failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;
is guilty of an offence.
Penalty for contravention of subsection (3):
Imprisonment for 6 months.

27BAudit

(1)
At least once a year, the Auditor‑General must:
(a)
inspect and audit:
(i)
the accounts and records of the PSS Fund’s financial transactions; and
(ii)
the records relating to assets of the PSS Fund; and
(b)
report to the Minister the results of the inspection and audit.
(2)
The Auditor‑General may, however, decide to dispense with all or any part of the detailed inspection and audit of the accounts and records.
(3)
The Auditor‑General must, as soon as practicable, report to the Minister any irregularity disclosed by the inspection and audit that the Auditor‑General thinks is sufficiently important to be reported.
Note: For the information-gathering powers of the Auditor‑General, see Part 5 of the Auditor‑General Act 1997.

Superannuation Industry (Supervision) Act 1993

1242

Section 234

Repeal the section, substitute:

234Superannuation Protection Reserve

(1)
This subsection establishes a reserve called the Superannuation Protection Reserve.
(2)
The Reserve is a component of the Reserved Money Fund.
(3)
So far as practicable, money in the Reserve that is not required for the purpose of making payments out of the Reserve must be invested under section 39 of the Financial Management and Accountability Act 1997.
(4)
If income is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the income must be transferred to the Reserve from the Consolidated Revenue Fund.

1243

Paragraph 235(1)(b)

Omit “Superannuation Protection Account”, substitute “Reserve”.

1244

Section 236

Omit “Account” (wherever occurring), substitute “Reserve”.
Note: The heading to section 236 is altered by omitting “Account” and substituting “Reserve”.

1245

Section 237

Omit “Account” (wherever occurring), substitute “Reserve”.
Note: The heading to section 237 is altered by omitting “Account” and substituting “Reserve”.

Surplus Revenue Act 1908

1246

Section 5

Repeal the section.

Taxation (Interest on Overpayments and Early Payments) Act 1983

1247

Subsection 3(3)

Repeal the subsection.

Telstra Corporation Act 1991

1248

Subsections 36(1) and (2)

Repeal the subsections.
Note: The heading to section 36 is replaced by the heading “Audit”.

Therapeutic Goods Act 1989

1249

Section 45

Repeal the section, substitute:

45Therapeutic Goods Administration Reserve

(1)
This subsection establishes a reserve called the Therapeutic Goods Administration Reserve.
(2)
The Reserve is a component of the Reserved Money Fund.
(3)
Money standing to the credit of the Therapeutic Goods Administration Trust Account immediately before the commencement of the Audit (Transitional and Miscellaneous) Amendment Act 1997 must be transferred to the Reserve.
(4)
There must be transferred to the Reserve from the Consolidated Revenue Fund:
(a)
money appropriated by the Parliament for the purposes of the Reserve; and
(b)
amounts equal to amounts received by the Commonwealth by way of annual registration charge, annual listing charge and annual licensing charge; and
(c)
amounts equal to interest received by the Commonwealth from the investment of money from the Reserve; and
(d)
amounts equal to money received by the Commonwealth in relation to property paid for with money from the Reserve; and
(e)
amounts equal to money received by the Commonwealth for services provided or to be provided, by or on behalf of the Commonwealth, using money from the Reserve (including amounts received by way of fees payable under the regulations); and
(f)
amounts equal to donations for the furtherance of a purpose of the Reserve that are received by the Commonwealth; and
(g)
amounts equal to receipts relating to the recovery of debts (other than debts in respect of statutory fines and penalties) by the Commonwealth that are associated with expenditure of money from the Reserve.
(5)
The purposes of the Reserve are to make payments:
(a)
to further the objects of this Act (as set out in section 4); and
(b)
to enable the Commonwealth to participate in the international harmonisation of regulatory controls on therapeutic goods and other related activities.

Tobacco Marketing Act 1965

1250

Section 4 (definition of approved bank)

Repeal the definition.
1251
Section 4 (definition of theAuditor‑General)
Repeal the definition.
1252
Section 4 (definitions of Chairman and Deputy Chairman)
Omit “Chairman” (wherever occurring), substitute “Chair”.

1253

At the end of subsection 5(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Committee. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.”.

1254

After section 5

Insert:

5ACommittee’s financial year starts on 1 January

For the purposes of the Commonwealth Authorities and Companies Act 1997, the Committee’s financial year is a period of 12 months starting on 1 January.
1255
Section 7 and subsections 8(5) and 10(2), (3), (4) and (5)
Omit “Chairman” (wherever occurring), substitute “Chair”.

1256

Section 20

Repeal the section.

1257

At the end of section 21

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the Committee under section 18 of the Commonwealth Authorities and Companies Act 1997.

1258

Sections 22, 23, 24 and 26

Repeal the sections.

1259

Section 28

Omit “Chairman” (wherever occurring), substitute “Chair”.

Trade Practices Act 1974

1260

Section 20

Repeal the section.

University of Canberra Act 1989

1261

At the end of subsection 4(3)

Add:
Note: Subject to section 4A, the Commonwealth Authorities and Companies Act 1997 applies to the University. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1262

After section 4

Insert:

4AModification of the Commonwealth Authorities and Companies Act 1997

(1)
Sections 14 and 28 of the Commonwealth Authorities and Companies Act 1997 do not apply to the University.
(2)
Nothing in section 16 of the Commonwealth Authorities and Companies Act 1997 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.

4BUniversity’s financial year starts on 1 January

For the purposes of the Commonwealth Authorities and Companies Act 1997, the University’s financial year is a period of 12 months starting on 1 January.

1263

Paragraph 7(2)(n)

Repeal the paragraph.

1264

Subsection 7(3)

After “this Act”, insert “or the Commonwealth Authorities and Companies Act 1997”.

1265

Section 14

Repeal the section.

1266

Paragraph 15(1)(e)

Omit “subsection 14(1)”, substitute “section 21 of the Commonwealth Authorities and Companies Act 1997”.

1267

At the end of section 33

Add:
(2)
Subsection (1) does not prevent the investment of surplus money of the University under section 18 of the Commonwealth Authorities and Companies Act 1997.

1268

Sections 35, 36, 37 and 39

Repeal the sections.

1269

Subsection 40(1)

After “this Act” (first occurring), insert “or the Commonwealth Authorities and Companies Act 1997”.

1270

Subparagraph 40(2)(e)(iii)

Repeal the subparagraph, substitute:
(iii)
disclosure of pecuniary interests at meetings of the Board; and

Vocational Education and Training Funding Act 1992

1271

Subsection 13(2)

Omit “section 49 of the Audit Act 1901”, substitute “section 54 of the Financial Management and Accountability Act 1997”.

Wheat Marketing Act 1989

1272
Subsection 3(1) (definition of Board auditor)
Repeal the definition.

1273

At the end of subsection 4(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to the Board. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1274

At the end of section 8

Add:
(4)
This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Board.

1275

Section 11

Omit “89(5)”, substitute “9(3) of the Commonwealth Authorities and Companies Act 1997”.

1276

Subsection 15(13)

Repeal the subsection.

1277

At the end of section 15

Add:
Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

1278

Subsection 16(8)

Repeal the subsection.

1279

At the end of section 16

Add:
Note: For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

1280

Subparagraph 20(2)(a)(ii)

Omit “21”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

1281

Subsections 21(1), (2) and (3)

Repeal the subsections.

1282

Subsection 21(4)

Omit “This section does not apply to a pecuniary”, substitute “Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply to a material personal”.

1283

Subsections 67(1), (2) and (3)

Repeal the subsections.
Note: The heading to section 67 is replaced by the heading “Accounting for dealings in wheat”.

1284

Subsections 67(5), (6) and (7)

Repeal the subsections.

1285

Section 68

Repeal the section.

1286

At the end of section 69

Add:
(2)
Subsection (1) does not prevent investment of surplus money of the Board under subsection 19(3) of the Commonwealth Authorities and Companies Act 1997.

1287

Subsection 70(1)

Repeal the subsection, substitute:
(1)
Subsection 19(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to pool funds.
Note: The heading to section 70 is altered by adding at the end “of pool funds”.

1288

Subsections 70(3) and (4)

Repeal the subsections, substitute:
(3)
Pool funds not immediately required for the purposes of the Board may be invested in the ways described in subsection 18(3) of the Commonwealth Authorities and Companies Act 1997.

1289

After section 88

Insert:

88ABoard’s financial year starts on 1 October

For the purposes of the Commonwealth Authorities and Companies Act 1997, the Board’s financial year is a period of 12 months starting on 1 October.

1290

Subsections 89(1) and (2)

Repeal the subsections.

1291

Subsection 89(3)

Omit “Without limiting the generality of subsection (1), the Board shall include in each report under that subsection”, substitute “In each report on the Board under section 9 of the Commonwealth Authorities and Companies Act 1997, the members must include”.

1292

Subsection 89(4)

Omit “referred to in subsection (1)”, substitute “for the Board that are referred to in clauses 1 and 2 of the Schedule to the Commonwealth Authorities and Companies Act 1997”.

1293

Subsections 89(5) and (6)

Repeal the subsections.

1294

Subsection 93(11)

Repeal the subsection.

Wool International Act 1993

1295

At the end of subsection 7(2)

Add:
Note: The Commonwealth Authorities and Companies Act 1997 applies to Wool International. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1296

Section 25

Repeal the section, substitute:

25Situations that do not amount to interests requiring disclosure

For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997, a member is not taken to have a material personal interest in a matter being considered or about to be considered by Wool International merely because the member is a wool producer, a wool processor or a manufacturer of wool products.

1297

Paragraph 28(2)(c)

Omit “25”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

1298

Paragraph 36(3)(c)

Omit “25”, substitute “21 of the Commonwealth Authorities and Companies Act 1997”.

1299

At the end of section 49

Add:
(2)
Subsection (1) does not prevent investment of surplus money of Wool International under section 19 of the Commonwealth Authorities and Companies Act 1997.

1300

Subsection 50(1)

Repeal the subsection.

1301

Subsection 55(1)

Omit “with a bank or banks”, substitute “maintained under subsection 19(2) of the Commonwealth Authorities and Companies Act 1997”.

1302

Subsection 55(2)

Repeal the subsection.

1303

Section 56

Repeal the section.

1304

Part 8

Repeal the Part.

1305

Section 67

Repeal the section, substitute:

67Extra matters to be included in annual report

The annual report on Wool International under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include such particulars (if any) as are prescribed.

Schedule 3Amendment of Acts to update references and make other changes

Air Services Act 1995

1
Subsection 2(2), section 13, subsection 16(6), the notes at the end of subsections 17(3) and (4), paragraph 32(2)(d), subparagraphs 32(5)(b)(i) and (ii) and section 51
Omit “1995” (wherever occurring), substitute “1997”.

Australian Law Reform Commission Act 1996

Subsection 5(2) (note)

Omit “executive”.

Australian Maritime Safety Authority Act 1990

Paragraph 10(2)(f)

Repeal the paragraph.

Civil Aviation Legislation Amendment Act 1995

Subsections 2(2) and (3)

Repeal the subsections, substitute:
(2)
Section 4 and Schedule 2 commence on the same day as the Commonwealth Authorities and Companies Act 1997 commences.

Section 6

Repeal the section.
6
Section 7 (definition of CAC Act) and items 1, 3, 5, 7, 10 and 11 of Schedule 2
Omit “1995” (wherever occurring), substitute “1997”.

Subsection 18(3) (definition of pre‑CAC rules)

After “sections”, insert “14, 15, 40,”.

Subsection 18(3) (definition of pre‑CAC rules)

Omit “and 64”, substitute “, 64 and 65”.

Schedule 4

Repeal the Schedule.

Commonwealth Funds Management Limited Act 1990

Section 45

Repeal the section.

Ozone Protection Amendment Act 1995

Part 2 of Schedule 1

Repeal the Part.

Items 56 and 57 of Schedule 1

Repeal the items.

Item 58 of Schedule 1

Omit “If this Part applies, the”, substitute “The”.

Items 59 and 60 of Schedule 1

Repeal the items.

Item 61 of Schedule 1

Omit “If this Part applies, the”, substitute “The”.

Item 61 of Schedule 1

Omit “Financial Management and Accountability Act”, substitute “Financial Management and Accountability Act 1997”.
17
Item 63 of Schedule 1 (definition of Transitional Provisions Act in new section 65A)
Repeal the definition.

Item 63 of Schedule 1 (new subsection 65B(5))

Omit “Transitional Provisions Act”, substitute “Audit (Transitional and Miscellaneous) Amendment Act 1997”.

Small Superannuation Accounts Act 1995

Subsection 8(2)

Omit “1995” (wherever occurring), substitute “1997”.

Subsection 8(2) (note 1)

Omit “40”, substitute “39”.

At the end of subsection 8(2)

Add:
Note 3: Before the commencement of the Financial Management and Accountability Act 1997, the Reserve was a trust account for the purposes of section 62A of the Audit Act 1901.

Subsection 8(3)

Repeal the subsection, substitute:
Transitional—appropriation
(3)
The Trust Fund established by the Audit Act 1901 is appropriated to the extent necessary to achieve the transition of the Reserve from the scheme of the Audit Act 1901 to the scheme of the Financial Management and Accountability Act 1997.

Subsection 10(2)

Repeal the subsection.

Subsection 19(1)

Omit “1995”, substitute “1997”.

Subsection 19(3)

Repeal the subsection.

Subsection 33(1)

Omit “1995”, substitute “1997”.

Subsection 33(3)

Repeal the subsection.

Section 95

Repeal the section.

Transport Legislation Amendment Act 1995

Subsection 2(2)

Repeal the subsection.

Subsection 2(4)

Omit “1995”, substitute “1997”.

Part B of Schedule 1

Repeal the Part.

Items 4, 5 and 7 of Part C of Schedule 1

Omit “1995” (wherever occurring), substitute “1997”.

Schedule 4Transitional matters and regulations1

This Schedule binds the Crown

This Schedule binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence.
2
This Schedule extends to things outside Australia
This Schedule extends to acts, omissions, matters and things outside Australia .

Interpretation

In this Schedule, unless the contrary intention appears:
Audit Act means the Audit Act 1901.
Commercial Activities Fund means the Commercial Activities Fund established by the Financial Management and Accountability Act 1997.
Finance Minister means the Minister who administers this Act.
new Loan Fund means the Loan Fund established by the Financial Management and Accountability Act 1997.
old Loan Fund means the Loan Fund established by the Audit Act.
old Trust Fund means the Trust Fund established by the Audit Act.
replacement Acts means the Auditor‑General Act 1997, the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997.
Reserved Money Fund means the Reserved Money Fund established by the Financial Management and Accountability Act 1997.

Transfers from old Funds to new Funds

(1) Money in the old Loan Fund immediately before the commencement of this Schedule must be transferred to the new Loan Fund.

(2) If:

(a)
immediately before the commencement of this Schedule, money was in an account (however described) that was established or continued in existence by an Act that is amended by Schedule 2 to this Act; and
(b)
that account formed part of the old Trust Fund;
the money must be transferred from that account to the component of the Reserved Money Fund that is established to replace that account.
(3) If an amendment made by Schedule 2 substitutes a component of the Reserved Money Fund for an account (however described), any reference in any Act or other instrument to that component is to be read as including a reference to the account for which it is substituted, unless the context otherwise requires.
(4) Money in the old Trust Fund immediately before the commencement of this Schedule (other than money covered by subitem (2)) must be transferred to components of the Reserved Money Fund and Commercial Activities Fund that are established by determinations under subsections 20(2) and 21(2) of the Financial Management and Accountability Act 1997.
(5) The disallowance rules in section 22 of the Financial Management and Accountability Act 1997 do not apply to an original determination made for the purposes of subitem (4) of this item. However, the disallowance rules do apply to any revocation or variation of an original determination.
(6) The old Loan Fund and the old Trust Fund are appropriated for the purposes of this item.

Auditor‑General

The person holding office as Auditor‑General under the Audit Act immediately before the commencement of this Schedule holds office after the commencement of this Schedule as if the person had been properly appointed as Auditor‑General under the Auditor‑General Act 1997 for the remainder of the period of 10 years that started when the person was appointed under the Audit Act.

Independent Auditor

(1) This item applies if, immediately before the commencement of this Schedule, an arrangement was in operation under section 48K of the Audit Act for a person to perform the functions of the Independent Auditor under the Audit Act.
(2) The person is taken to be properly appointed on the commencement of this Schedule as the Independent Auditor under the Auditor‑General Act 1997.
(3) The appointment is for a term that commences on the commencement of this Schedule and ends on the expiry of the arrangement referred to in subitem (1).
(4) While the person holds office as Independent Auditor in accordance with this item, the person is entitled to be paid fees and allowances in accordance with the arrangement referred to in subitem (1), but is not entitled to be paid fees or allowances under clause 3 of Schedule 2 to the Auditor‑General Act 1997.

Exempt accounts

(1) In this item:

preserved provisions means section 70D of the Audit Act and the regulations made for the purposes of that section.
replacement provisions means section 56 of the Auditor‑General Act 1997, section 46of the Commonwealth Authorities and Companies Act 1997 and section 58 of the Financial Management and Accountability Act 1997.
(2) The preserved provisions continue to have effect until the first regulations are in operation for the purposes of the replacement provisions.
(3) If those first regulations, or any of them, are later disallowed by a House of the Parliament, the preserved provisions continue to have effect, to the extent that they cover matters no longer covered by regulations in operation under the replacement provisions, until further regulations are in operation under those provisions that cover those matters.

Regulations

(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:

(a)
providing for bank accounts under section 21 of the Audit Act to continue in effect as official accounts for the purposes of the Financial Management and Accountability Act 1997; and
(b)
for other transitional matters arising out of the repeal of the Audit Act or the enactment of the replacement Acts, or the transition from the Audit Act to the replacement Acts; and
(c)
for other transitional matters arising out of the amendments made by Schedules 2 and 3.