Commonwealth Functions (Statutes Review) Act 1981

Overview

The Commonwealth Functions (Statutes Review) Act 1981 (C2004A02451) was enacted to implement certain changes in Commonwealth functions, aiming to repeal outdated or redundant ordinances and acts, and to update and streamline existing legislation. The Act was passed by the Commonwealth Parliament and it provides a comprehensive framework for the review and amendment of various statutes. The Act allows for the repeal of certain ordinances and acts of the Australian Capital Territory, the amendment of specific provisions within various acts, and the introduction of new provisions to ensure modern and efficient governance. It addresses the problem of having outdated and inconsistent legislation by consolidating and updating various laws, thereby ensuring that the Commonwealth's legislative framework remains relevant and effective.

Scope and Application

The Commonwealth Functions (Statutes Review) Act 1981 serves to implement certain changes in various Commonwealth functions, with the legislation's scope extending to numerous areas including the Australian Capital Territory, bankruptcy, employment, and procurement. This Act applies to a range of entities such as the Canberra Commercial Development Authority, the Australian Postal Commission, and the Commonwealth Teaching Service, as well as individuals like members of co-operative societies and employees. It also affects industries such as milk processing and distribution, and urban public transport. The Act's jurisdiction is Commonwealth-wide, affecting both federal and state levels. Certain exclusions and thresholds are included within the Act, particularly in relation to bankruptcy proceedings, where a sequestration order will not be made unless the value of the debtor's property is below a specified amount or the debtor has taken reasonable steps to obtain consent from a registered trustee but has been unsuccessful. The Act also provides for the transfer of certain functions and powers to the Administrative Appeals Tribunal in relation to compensation tribunal determinations. Subordinate instruments may further extend or restrict the application of this Act, for example, by granting exemptions from procurement requirements.

Key Provisions

• The Commonwealth Functions (Statutes Review) Act 1981, as amended, is a comprehensive piece of legislation that implements various changes to existing Commonwealth functions. In Part II, Division 3, section 7(1) mandates that the Canberra Commercial Development Authority (Authority) must enter into an agreement with a designated person for the sale of specified rights, property, or assets on terms and conditions specified by the Minister. Section 8(1) allows the Minister to give directions to the Authority for the sale of its rights, property, or assets and for winding up its affairs. If the Authority fails to comply with a Minister’s direction, the Governor-General can remove Authority members from office (section 8(2)). Section 10(2) requires that if the Authority transfers rights, property, or assets to a purchaser, the purchaser must undertake to pay or discharge the Authority’s debts, liabilities, or obligations specified in the agreement. In Division 4, section 20(1) similarly mandates that the Canberra Retail Markets Trust (Trust) must enter into an agreement with a designated person for the sale of specified rights, property, or assets on terms and conditions specified by the Minister. Section 21(1) allows the Minister to give directions to the Trust for the sale of its rights, property, or assets and for winding up its affairs. If the Trust fails to comply with a Minister’s direction, the Minister can remove Trust members from office (section 21(2)).
• The Act imposes several obligations on the Authority and Trust. For example, section 16(3) requires the Authority to register changes in title to land and section 30(3) imposes a penalty of up to $200 for failure to comply with a requirement to produce documents. Similarly, section 26(3) requires the Trust to register changes in title to land and section 31(3) imposes a penalty of up to $200 for failure to comply with a requirement to produce documents. Additionally, the Authority and Trust must comply with any directions given by the Minister for the Capital Territory under sections 8(1) and 21(1), respectively.
• There are various offences, penalties, or civil/criminal consequences for breach under the Act. For example, section 16(3) states that the Authority is guilty of an offence punishable by a fine not exceeding $200 for each day of non-compliance with a requirement to produce documents. Similarly, section 31(3) states that the Trust is guilty of an offence punishable by a fine not exceeding $200 for each day of non-compliance with a requirement to produce documents. Section 49B(1) of Division 10 provides that any person who sells milk at a price greater than the maximum price fixed by the Minister under section 16A is guilty of an offence and liable to a penalty of up to $1,000. Further, section 69(1) of Division 10 provides that the Milk Authority may fix maximum prices for the sale of milk, and any person who sells milk at a price greater than the maximum price is guilty of an offence and liable to a penalty of up to $1,000.

Legal classification tags

Area of Law

Bankruptcy

Administrative Law

Instrument

Act

Concepts

Repeal & Amendment

Delegation

Civil Penalty Provisions

Enforcement Powers

Transitional Provisions