Construction Industry Development Agency (Transitional) Regulations (Cth)

Statutory Rules 1995

No. 163 1

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Construction Industry Development Agency (Transitional) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Construction Industry Reform and Development Act 1992.

Dated 27 June 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

GARY JOHNS

Assistant Minister for Industrial Relations

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Citation

 1. These Regulations may be cited as the Construction Industry Development Agency (Transitional) Regulations.

Commencement

 2.These Regulations commence on 1 July 1995.

Interpretation

 3.In these Regulations, unless the contrary intention appears:

“Act” means Construction Industry Reform and Development Act 1992;

“assets” means property of every kind, and, without limiting the generality of the foregoing, includes:

• (a)

  choses in action; and

• (b)

  rights, interests and claims of every kind in or to property (including, in particular, intellectual property), whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing;

“CIDA” means the Construction Industry Development Agency;

“Department” means the Department of Industrial Relations;

“liabilities” means liabilities of every kind, and, without limiting the generality of the foregoing, includes obligations of every kind, whether arising under or by virtue of an instrument or otherwise, and whether liquidated or unliquidated, certain or contingent, accrued or accruing;

“Minister” means the Minister for Industrial Relations;

“Secretary” means the Secretary to the Department of Industrial Relations. 

Transfer of assets and liabilities

 4.(1) Any assets that, immediately before 1 July 1995, were vested in CIDA are, by force of this subregulation, vested in the Commonwealth.

 (2) Any liabilities or obligations to which, immediately before 1 July 1995, CIDA was subject become, by force of this subregulation, liabilities and obligations of the Commonwealth. 

Contracts and other instruments

 5. (1) This regulation applies to an instrument:

• (a)

  to which CIDA was a party; or

• (b)

  that was given to or in favour of CIDA; or

• (c)

  in which a reference is made to CIDA; or

• (d)

  under which money is, or may become, payable, or any other property is to be, or may become liable to be, transferred to or by CIDA;

being an instrument subsisting immediately before 1 July 1995.

 (2) An instrument to which this regulation applies continues to have effect after 1 July 1995 but, in its operation in relation to acts, transactions, matters or things done, entered into or occurring after that date, has effect as if:

• (a)

  the Commonwealth were substituted for CIDA as a party to the instrument; and

• (b)

  any reference in the instrument to CIDA were a reference to the Commonwealth; and

• (c)

  subject to subregulation (3), any reference in the instrument to the Chief Executive Officer of CIDA or an officer, employee or Member of the Board of CIDA were a reference to the Secretary. 

 (3) Paragraph 2 (c) does not apply if the effect of the paragraph is to:

• (a)

  confer on the Secretary a benefit to which, under the instrument, the officer, employee or Member of the Board was personally entitled; or

• (b)

  subject the Secretary to a detriment to which, under the instrument, the officer, employee or Member of the Board was personally liable. 

Pending proceedings

 6. (1) Subject to subregulation (2), where, immediately before 1 July 1995, proceedings to which CIDA was a party were pending in any court or tribunal, the Commonwealth is, after 1 July 1995, substituted for CIDA as a party to the proceedings and has the same rights in the proceedings as CIDA had. 

 (2) This regulation does not prejudice any of the rights, privileges, immunities or exemptions of the Commonwealth in relation to criminal proceedings. 

Final report and financial statement

 7.(1) As soon as practicable after 1 July 1995 the Secretary must: 

• (a)

  prepare and give to the Minister a report on the operations of CIDA during the financial year that commenced on 1 July 1994; and

• (b)

  prepare and give to the Minister a financial statement that relates to CIDA that satisfies the requirements of section 63M of the Audit Act 1901 as that section applies in relation to that financial year.

 (2) Before giving financial statements to the Minister under subregulation (1), the Secretary must give them to the Auditor-General, who must report to the Minister:

• (a)

  whether, in the Auditor-General’s opinion, the statements are based on proper accounts and records; and

• (b)

  whether the statements are in agreement with the accounts and records and, in the Auditor-General’s opinion, show fairly the financial transactions and state of affairs of CIDA; and

• (c)

  whether, in the Auditor-General’s opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets, by CIDA during the year have been in accordance with the Act; and

• (d)

  as to such other matters arising out of the statements as the Auditor-General considers should be reported to the Minister.

(3)

The Secretary and the Auditor-General may, in discharging their obligations under this regulation, rely on accounts and records of CIDA and on any other information provided to the Secretary by any person who was an officer, employee or a member of the Board of CIDA.

 (4) The Minister must cause copies of the report and financial statements together with a copy of the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the reports. 

Ombudsman investigations

 8. Where:

• (a)

  before 1 July 1995, a complaint was made to the Ombudsman, or the Ombudsman commenced an investigation, under the Ombudsman Act 1976 in relation to action taken by CIDA; and

• (b)

  immediately before 1 July 1995, the Ombudsman had not finally disposed of the matter;

that Act applies after 1 July 1995 as if the action had been taken by the Department.

Freedom of information requests

 9. Where:

• (a)

  before 1 July 1995, a person had made a request to CIDA under section 15 of the Freedom of Information Act 1982 for access to a document; and

• (b)

  immediately before 1 July 1995, the request had not been fully dealt with;

that Act applies after 1 July 1995 as if the request had been made to the Department.

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NOTE

1. Notified in the Commonwealth of Australia Gazette