Australian Tourist Commission Amendment Act 1981 (Cth)

Australian Tourist Commission Amendment Act 1981

No. 27 of 1981

An Act to amend the Australian Tourist Commission Act 1967

[Assented to 14 April 1981]

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

Short title, &c.

1. (1) This Act may be cited as the Australian Tourist Commission Amendment Act 1981.

(2) The Australian Tourist Commission Act 19671 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2shall come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 3 and 7 shall come into operation on a date to be fixed by Proclamation.

(3) Section 9 shall come into operation, or shall be deemed to have come into operation, as the case requires, on the commencement of section 44 of the Public Service Amendment Act 1978.

(4) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

 

Constitution of the Commission

3. (1) Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (1) “nine” and substituting “10”; and

(b) by omitting sub-sections (4) and (5) and substituting the following sub-section:

“(4) Of the remaining 8 members, 3 shall be nominated in a manner agreed on from time to time between all the States, the Northern Territory and the Minister for the Capital Territory, and at least 1 other shall be an officer of the Australian Public Service.”.

(2) The amendments made by sub-section (1) do not affect the appointment of a member holding office immediately before the commencement of this section.

Chairman

4. Section 7 of the Principal Act is amended by omitting sub-section (3).

Removal of members

5. Section 12 of the Principal Act is amended—

(a) by inserting after paragraph (2) (a) the following paragraph:

“(ab) fails, without reasonable excuse, to comply with his obligations under section 12a;”; and

(b) by omitting sub-sections (4) and (5).

6. After section 12 of the Principal Act the following section is inserted:

Disclosure of interests by members

“12a. (1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Commission.

“(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Commission.”.

Meetings of the Commission

7. Section 14 of the Principal Act is amended by omitting from sub-section (5) “five” and substituting “6”.

8. Part V of the Principal Act is repealed and the following Part is substituted:

“PART V—FINANCE

Moneys payable to Commission

“21. (1) There are payable to the Commission such moneys as are appropriated by the Parliament for the purposes of the Commission.

 

“(2) The Minister for Finance may give directions as to the amounts in which, and the times at which, moneys referred to in sub-section (1) are to be paid to the Commission.

Estimates

“22. (1) The Commission shall prepare estimates, in such form as the Minister directs, of the receipts and expenditure of the Commission for each financial year and. if the Minister so directs, for any other period specified by the Minister, and the Commission shall submit those estimates to the Minister not later than such date as the Minister directs.

“(2) Moneys paid to the Commission under section 21 shall not be expended by the Commission otherwise than in accordance with estimates of expenditure approved by the Minister.

Application of moneys of Commission

“23. (1) Moneys of the Commission shall be applied only—

(a) in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions or the exercise of its powers under this Act; and

(b) in payment of any remuneration and allowances payable to any person under this Act.

Limit on contracts and leases

“24. The Commission shall not, without the approval of the Minister—

(a) enter into a contract under which the Commission is to pay or receive an amount exceeding $250,000 or, if a higher amount is prescribed, that higher amount; or

(b) enter into a lease of land for a period exceeding 10 years.

Application of Division 3 of Part XI of Audit Act

“25. It is hereby declared that the Commission is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies.

Exemption from taxation

“26. The Commission is not subject to taxation under a law of the Commonwealth or of a State or Territory.”.

Officers’ Rights Declaration Act to apply

9. Section 28 of the Principal Act is repealed.

Reports

10. Section 29 of the Principal Act is repealed.

Formal amendments

11. The Principal Act is amended as set out in the Schedule.

 

Transitional

12. Any act or thing done before the commencement of sections 8 and 10 of this Act under a provision of Part V or section 29 of the Principal Act has effect on and after the commencement of those sections of this Act as if it had been done under the corresponding provision of the Principal Act as amended by section 8 of this Act or the corresponding provision of Division 3 of Part XI of the Audit Act 1901, as the case may be.

—————

SCHEDULE Section 11

FORMAL AMENDMENTS

Provision amended	Omit—	Substitute—
Sub-section 6 (3)	Two members	Of the members. 2
Sub-section 6 (6)	(a) two (b) five (c) one only of the members (d) one member (e) three	2 5 1 only of the members 1 member 3
Sub-section 6 (8)	three	3
Sub-section 7 (1)	one of the members	1 of the members
Sub-section 8 (1)	one of the members	1 of the members
Sub-section 8 (2)	one year	1 year
Sub-section 10 (3)	six	6
Sub-section 12 (3)	paragraph (c) of the last preceding subsection	paragraph (2) (c)
Sub-section 13 (1a)	Remuneration Tribunals Act 1973-1974	Remuneration Tribunals Act 1973
Paragraph 14 (2) (b)	two	2
Sub-section 14 (5)	one being the Chairman	1 being the Chairman
Sub-section 16 (4)	paragraphs (c), (d) and (e) of sub-section (2)	paragraphs (2) (c), (d) and (e)
Sub-section 18 (4)	Remuneration Tribunals Act 1973-74	Remuneration Tribunals Act 1973

 

NOTE

1. No. 27, 1967, as amended. For previous amendments, see No. 216, 1973; No. 82, 1974 and No. 36, 1978.