CITIES COMMISSION (REPEAL) ACT 1975 [Note: This Act is "repealed" by Act No. 38 of 1988]
(#DATE 30:06:1985)
Compilation Information
- Reprinted as at 30 June 1985
*1* The Cities Commission (Repeal) Act 1975 as shown in this reprint comprises
Act No. 120, 1975 amended as indicated in the Tables below.
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement
provisions
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Cities Commission
(Repeal) Act 1975 120, 1975 11 Nov
1975 19 Jan 1976 (see
Gazette 1976, No.
S5, p. 1)
Administrative
Changes
(Consequential
Provisions) Act
1976 91, 1976 20 Sept
1976 S. 3: 19 Jan
1976 (see
Gazette 1976, No.
S5, p. 1) (a) S. 4
Statute Law
Revision Act 1981 61, 1981 12 June
1981 S. 115: Royal
Assent (b) -
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(a) The Cities Commission (Repeal) Act 1975 was amended by section 3 only
of the Administrative Changes (Consequential Provisions) Act 1976, sub-section
2 (4) of which provides as follows:
"(4) The amendments of the Cities Commission (Repeal) Act 1975 made by
this Act shall be deemed to have come into operation on the date of
commencement of that Act."
(b) The Cities Commission (Repeal) Act 1975 was amended by section 115 only
of the Statute Law Revision Act 1981, sub-section 2 (1) of which provides as
follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent."
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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S. 4 . . . . . . . . am. No. 91, 1976; No. 61, 1981
S. 7 . . . . . . . . am. No. 91, 1976; No. 61, 1981
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CITIES COMMISSION (REPEAL) ACT 1975 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Repeal
4. Interpretation
5. Transfer of assets, liabilities, &c.
6. Retention of Public Service rights
7. Appropriation
8. Agreements and instruments
9. Exemption from taxation
10. Pending proceedings
11. Financial report on operations of Commission
CITIES COMMISSION (REPEAL) ACT 1975 - LONG TITLE
SECT
An Act to repeal the Cities Commission Act 1972-1973, and for related
purposes
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 1
Short title
SECT
1. This Act may be cited as the Cities Commission (Repeal) Act 1975 .*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 3
Repeal
SECT
3. The National Urban and Regional Development Authority Act 1972 and the
Cities Commission Act 1973 are repealed.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 4
Interpretation
SECT
4. In this Act, unless the contrary intention appears-
"authorized officer" means the Secretary to the Department of National
Development and Energy or an officer authorized by him;
"commencing day" means the date on which this Act comes into operation;
"Commission" means the Cities Commission constituted under the Cities
Commission Act 1972-1973.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 5
Transfer of assets, liabilities, &c.
SECT
5. Upon the commencing day-
(a) all the rights, property and other assets that immediately before that
day were vested in the Commission are, by force of this section, vested in
Australia; and
(b) Australia becomes, by force of this section, liable to pay and
discharge all the debts, liabilities and obligations of the Commission that
existed immediately before that day.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 6
Retention of Public Service rights
SECT
6. Where, at the expiration of the day before the commencing day, the
Officers' Rights Declaration Act 1928-1975*2* applied in relation to a person
who was at that time an officer or employee of the Commission, that Act
continues, by force of this section, to apply in relation to that person as if
the Acts referred to in section 3 had not been repealed but that person had
resigned on that day from his service or employment under the Commission.
*2* S. 6-The Officers' Rights Declaration Act 1928 was repealed by the Public
Service Amendment Act 1978 (No. 170, 1978).
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 7
Appropriation
SECT
7. Where, by an Act, moneys have been appropriated before the commencing day
for expenditure under the Cities Commission Act 1972-1973 in respect of the
year ending on 30 June 1976, so much of those moneys as have not been expended
before that day are appropriated for expenditure in that year by the
Department of National Development and Energy in the discharge of the
liability imposed upon Australia by paragraph 5 (b) and in the discharge of
costs, expenses and other obligations incurred in the performance by that
Department of functions that could have been performed by the Commission if
this Act had not been enacted, but moneys so appropriated by the
first-mentioned Act for a particular purpose shall not be expended otherwise
than for that purpose.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 8
Agreements and instruments
SECT
8. Any agreement or instrument subsisting immediately before the commencing
day to which the Commission was a party has effect on and after that day as
if-
(a) Australia were substituted for the Commission as a party to the
agreement or instrument; and
(b) any reference in the agreement or instrument to the Commission were
(except in relation to matters that occurred before that day) a reference to
Australia.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 9
Exemption from taxation
SECT
9. An instrument or document that an authorized officer certifies to have
been made, executed or given by reason of, or for a purpose connected with or
arising out of, the operation of this Act is not liable to stamp duty or other
tax under a law of Australia or of a State or Territory.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 10
Pending proceedings
SECT
10. Where, immediately before the commencing day, proceedings to which the
Commission was a party were pending in any court, Australia is, by force of
this section, substituted for the Commission as a party to the proceedings.
CITIES COMMISSION (REPEAL) ACT 1975 - SECT 11
Financial report on operations of Commission
SECT
11. (1) The Minister shall, as soon as practicable after the commencing day,
prepare a report of the operations of the Commission during the period that
commenced on 1 July 1975 and ended immediately before the commencing day (in
this section referred to as "the relevant period"), together with financial
statements in respect of that period in such form as the Treasurer approves.
(2) The Minister shall submit the financial statements prepared in
accordance with sub-section (1) to the Auditor-General, who shall report to
the Minister-
(a) whether the statements are based on proper accounts and records;
(b) whether the statements are in agreement with the accounts and records;
(c) whether the receipt and expenditure of moneys, and the acquisition and
disposal of assets, by the Commission during the relevant period have been in
accordance with the Cities Commission Act 1972-1973; and
(d) as to such matters arising out of the statements as the Auditor-General
considers should be reported to the Minister.
(3) The Minister shall cause the report and financial statements prepared in
accordance with sub-section (1), together with the report of the
Auditor-General, to be laid before each House of the Parliament within 15
sitting days of that House after receipt by the Minister of the report from
the Auditor-General.
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