Law Reform Commission Act 1973 (Cth)

LAW REFORM COMMISSION ACT 1973
- Reprinted as at 31 March 1990 (HISTACT CHAP 1381 #DATE 31:03:1990)

*1*The Law Reform Commission Act 1973 as shown in this reprint comprises Act No. 221, 1973 amended as indicated in the Tables below.

Table of Acts
Act
Number Date Date of Application,
and of commencement saving or
year Assent transitional
provisions
Law Reform Commission Act 1973
221, 1973 20 Dec 1973 31 Dec 1974 (see Gazette
1975, No. G3, p. 2)
Remuneration and Allowances Amendment Act 1977
111, 1977 28 Oct 1977 Ss. 1, 2, 5, 9 (2), 13, 16, S. 14 (2)
18 and 19 (2): Royal Assent
Remainder: 1 June 1977
Administrative Changes (Consequential Provisions) Act 1978
36, 1978 12 June 12 June 1978 S. 8
1978
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983
91, 1983 22 Nov 1983 S. 3: 20 Dec 1983 (a) -
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985
65, 1985 5 June 1985 S. 3: 3 July 1985 (b) S. 11
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985
193, 1985 16 Dec 1985 S. 3: Royal Assent (c) S. 16
______________________________________________________________________________ __ (a) The Law Reform Commission Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.'
(b) The Law Reform Commission Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2 (1) of which provides as follows:
'(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.'
(c) The Law Reform Commission Act 1973 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 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ad.=added or inserted am.=amended rep.=repealed rs.=repealed and substituted
______________________________________________________________________________ __ Provision affected
How affected
S. 3
am. No. 111, 1977; Nos. 65 and 193, 1985
S. 4
am. No. 65, 1985
S. 11
am. No. 65, 1985
S. 12
am. No. 111, 1977; No. 91, 1983; No. 65, 1985
S. 13
rs. No. 111, 1977
am. No. 65, 1985
Ss. 14, 15
am. No. 65, 1985
S. 16
rs. No. 111, 1977
am. No. 65, 1985
S. 17
am. No. 111, 1977; No. 65, 1985
S. 18
am. No. 65, 1985
Ss. 20-23
am. No. 65, 1985
Ss. 24, 25
rep. No. 65, 1985
Ss. 26, 27
am. No. 65, 1985
S. 29
am. No. 36, 1978
S. 30
am. No. 65, 1985
S. 31
rep. No. 65, 1985
S. 33
rs. No. 65, 1985
S. 34
rep. No. 65, 1985
S. 35
am. No. 36, 1978
rep. No. 65, 1985
Ss. 36, 37
am. No. 65, 1985

LAW REFORM COMMISSION ACT 1973 - TABLE OF PROVISIONS 
TABLE

                              TABLE OF PROVISIONS

Section

                               PART I-PRELIMINARY

     1. Short title

     2. Commencement

     3. Interpretation

     4. Extension to Territories

       PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE COMMISSION

     5. Establishment of Commission

     6. Functions of Commission

     7. Certain matters to be considered

     8. Powers of the Commission

     9. Commission to comply with requirements of Parliament

    10. Interim reports

                    PART III-CONSTITUTION OF THE COMMISSION

    11. Commission to be a body corporate

    12. Constitution of Law Reform Commission

    13. Appointment of holder of judicial office as member of Law Reform

        Commission not to affect tenure etc.

    14. Arrangements for appointment of the holder of a judicial office of a

        State

    15. Appointment of Deputy President

    16. Remuneration and allowances of members of Law Reform Commission

    17. Termination of appointments of members of Law Reform Commission

    18. Resignations

    19. Leave of absence for full-time members

    20. Meetings of Commission

    21. Meetings of Divisions

    22. Appointment of staff

    23. President may engage consultants

    26. Application of Superannuation Act to staff etc.

                     PART IV-PROCEEDINGS OF THE COMMISSION

    27. President may constitute Divisions

    28. Commission to inform itself in any manner

                                 PART V-FINANCE

    29. Moneys payable to Commission, and estimates of expenditure

    30. Purchase and disposal of assets

    32. Application of moneys of Commission

    33. Application of Division 3 of Part XI of Audit Act

    36. Exemption from taxation

                             PART VI-MISCELLANEOUS

    37. Reports to be laid before each House of the Parliament

    38. Regulations

LAW REFORM COMMISSION ACT 1973 - LONG TITLE 
SECT

             An Act to Constitute a Law Reform Commission

LAW REFORM COMMISSION ACT 1973 - PART I 
 PART I-PRELIMINARY 

LAW REFORM COMMISSION ACT 1973 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Law Reform Commission Act 1973.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

LAW REFORM COMMISSION ACT 1973 - 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 .

LAW REFORM COMMISSION ACT 1973 - SECT 3 
Interpretation 
SECT

  3. In this Act, unless the contrary intention appears:

  'Commission' means the Law Reform Commission;

  'Deputy President' means the Deputy President of the Commission;

  'judicial office' means:

   (a) an office of judge of a Federal Court or of the Supreme Court of a

Territory;

   (b) an office the holder of which has, by virtue of an Act, the same
status

as a judge of a court referred to in paragraph (a); or

   (c) the office of President of the Defence Force Discipline Appeal
Tribunal;

  'laws' includes rules of the Common Law or of Equity;

  'laws to which this Act applies' means:

   (a) laws made by, or by the authority of, the Parliament, including laws
of

the Territories so made; and

   (b) any other laws, including laws of the Territories, that the Parliament

has power to amend or repeal;

  'member' means the President or another member of the Commission;

  'President' means the President of the Commission;

  'reference' means a reference by the Attorney-General to the Commission
under this Act;

LAW REFORM COMMISSION ACT 1973 - SECT 4 
Extension to Territories 
SECT

  4. This Act extends to all the external Territories.

LAW REFORM COMMISSION ACT 1973 - PART II 
 PART II-ESTABLISHMENT, FUNCTIONS AND POWERS OF THE COMMISSION 

LAW REFORM COMMISSION ACT 1973 - SECT 5 
Establishment of Commission 
SECT

  5. There is established by this Act a Commission by the name of the Law
Reform Commission.

LAW REFORM COMMISSION ACT 1973 - SECT 6 
Functions of Commission 
SECT

  6.(1) The functions of the Commission are, in pursuance of references to the
Commission made by the Attorney-General, whether at the suggestion of the
Commission or otherwise:

   (a) to review laws to which this Act applies with a view to the systematic

development and reform of the law, including, in particular:

         (i) the modernization of the law by bringing it into accord with

current conditions;

         (ii) the elimination of defects in the law;

         (iii) the simplification of the law; and

         (iv) the adoption of new or more effective methods for the

administration of the law and the dispensation of justice;

   (b) to consider proposals for the making of laws to which this Act
applies;

   (c) to consider proposals relating to:

         (i) the consolidation of laws to which this Act applies; or

         (ii) the repeal of laws to which this Act applies that are obsolete
or

unnecessary; and

   (d) to consider proposals for uniformity between laws of the Territories
and

laws of the States;

and to make reports to the Attorney-General arising out of any such review or
consideration and, in such reports, to make such recommendations as the
Commission thinks fit.

  (2) The Attorney-General may:

   (a) modify the terms of a reference; and

   (b) give directions to the Commission as to the order in which it is to
deal

with references.

LAW REFORM COMMISSION ACT 1973 - SECT 7 
Certain matters to be considered 
SECT

  7. In the performance of its functions, the Commission shall review laws to
which this Act applies, and consider proposals, with a view to ensuring:

   (a) that such laws and proposals do not trespass unduly on personal rights

and liberties and do not unduly make the rights and liberties of citizens
dependent upon administrative rather than judicial decisions; and

   (b) that, as far as practicable, such laws and proposals are consistent
with

the Articles of the International Covenant on Civil and Political Rights.

LAW REFORM COMMISSION ACT 1973 - SECT 8 
Powers of the Commission 
SECT

  8. Subject to this Act, the Commission has power to do all things necessary
or convenient to be done for or in connexion with the performance of its
functions.

LAW REFORM COMMISSION ACT 1973 - SECT 9 
Commission to comply with requirements of Parliament 
SECT

  9. If either House of the Parliament or a Committee of either House, or of
both Houses, of the Parliament requires the Commission to furnish to that
House or Committee any information (including information in respect of
expenditure or proposed expenditure of the Commission) concerning the
performance of the functions, or the exercise of the powers, of the Commission
under this Act, the Commission shall comply with the requirement.

LAW REFORM COMMISSION ACT 1973 - SECT 10 
Interim reports 
SECT

  10. Where the Attorney-General has referred a matter to the Commission:

   (a) the Commission may, at any time before making its report in pursuance
of

the reference, make an interim report on its work under the reference; and

   (b) the Attorney-General may, at any time before the Commission makes its

report in pursuance of the reference, direct the Commission to make an interim
report on its work under the reference.

LAW REFORM COMMISSION ACT 1973 - PART III 
 PART III-CONSTITUTION OF THE COMMISSION 

LAW REFORM COMMISSION ACT 1973 - SECT 11 
Commission to be a body corporate 
SECT

  11.(1) The Commission:

   (a) is a body corporate with perpetual succession;

   (b) shall have a common seal;

   (c) may acquire, hold and dispose of real and personal property; and

   (d) may sue and be sued in its corporate name.

  (2) The common seal of the Commission shall be kept in such custody as the
Commission directs and shall not be used except as authorized by the
Commission.

  (3) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the common seal of the Commission appearing on a
document and shall presume that it was duly sealed.

LAW REFORM COMMISSION ACT 1973 - SECT 12 
Constitution of Law Reform Commission 
SECT

  12.(1) The Commission shall consist of:

   (a) a President; and

   (b) 4 or more other members;

each of whom shall be:

   (c) a judge of a Federal Court or of the Supreme Court of a State or

Territory;

   (d) a person who has been enrolled as a legal practitioner of the High

Court, or of the Supreme Court of a State or Territory, for not less than 5
years;

   (e) a person who is a graduate in law of a university and has had
experience

as a member of the academic staff of a tertiary educational institution; or

   (f) a person who, in the opinion of the Governor-General, is, by reason of

the person's special qualifications, training or experience, suitable for
appointment to the Commission.

  (2) All members of the Commission shall be appointed by the
Governor-General.

  (3) The President shall be appointed as a full-time member, but if the
President is or becomes the holder of a judicial office the President may
perform any of the duties of that office.

  (4) Members other than the President shall be appointed either as full-time
members or as part-time members.

  (5) The holder of a judicial office shall not be appointed as a full-time
member (other than the President) unless the President is the holder of a
judicial office.

  (5A) In subsections (3) and (5), 'judicial office' includes a judicial
office of a State.

  (6) A member shall not be appointed for more than 7 years but is eligible
for re-appointment.

  (7) The instrument of appointment of each member shall specify the terms and
conditions of the member's appointment, including the period for which the
appointment is made.

  (8) The instrument of appointment of a member, being a legal practitioner of
the Supreme Court of a Territory, may designate the member as a member in
respect of that Territory, and a member so designated shall take part in the
proceedings of the Commission in respect of such references only as the
President determines to be of special significance in relation to that
Territory.

  (9) The exercise or performance of the functions or powers of the Commission
is not affected by reason only of there being a vacancy in the office of a
member.

LAW REFORM COMMISSION ACT 1973 - SECT 13 
Appointment of holder of judicial office as member of Law Reform Commission 
not 
to affect tenure etc. 
SECT

  13. The appointment of a person who is the holder of a judicial office as a
member of the Commission, or service by a person who is the holder of a
judicial office as such a member, whether the appointment was or is made or
the service occurred or occurs before or after the commencement of this
section, does not affect, and shall be deemed never to have affected, the
person's tenure of that judicial office or the person's rank, title, status,
precedence, salary, annual or other allowances or other rights or privileges
as the holder of that judicial office and, for all purposes, the person's
service, whether before or after the commencement of this section, as a member
of the Commission shall be taken to have been, or to be, service as the holder
of that judicial office.

LAW REFORM COMMISSION ACT 1973 - SECT 14 
Arrangements for appointment of the holder of a judicial office of a State 
SECT

  14.(1) The Governor-General may, for the purpose of appointing to the
Commission a person who is the holder of a judicial office of a State, enter
into such arrangement with the Governor of that State as is necessary to
secure that person's services.

  (2) An arrangement under subsection (1) may provide for the Commonwealth to
reimburse a State with respect to the services of the person to whom the
arrangement relates.

LAW REFORM COMMISSION ACT 1973 - SECT 15 
Appointment of Deputy President 
SECT

  15.(1) The Governor-General may appoint a member to be Deputy President of
the Commission.

  (2) The Deputy President holds office as Deputy President during the
pleasure of the Governor-General.

  (3) The Deputy President may exercise any power of the President:

   (a) during a vacancy in the office of President; or

   (b) during any period, or during all periods, when the President is absent

from duty or absent from Australia, or for any other reason, unable to perform
the duties of the office of President.

LAW REFORM COMMISSION ACT 1973 - SECT 16 
Remuneration and allowances of members of Law Reform Commission 
SECT

  16.(1) A member, not being the holder of a judicial office (including a
judicial office of a State), shall be paid such remuneration as is determined
by the Remuneration Tribunal.

  (2) A member shall be paid such allowances as are prescribed.

  (3) This section has effect subject to the Remuneration Tribunals Act 1973.

LAW REFORM COMMISSION ACT 1973 - SECT 17 
Termination of appointments of members of Law Reform Commission 
SECT

  17.(1) The Governor-General may terminate the appointment of a member by
reason of misbehaviour or physical or mental incapacity.

  (2) If:

   (a) a member becomes bankrupt, applies to take the benefit of any law for

the relief of bankrupt or insolvent debtors, compounds with the member's
creditors or makes an assignment of the member's remuneration for their
benefit; or

   (b) a full-time member engages, except with the approval of the

Attorney-General, in paid employment outside the duties of the member's
office;

the Governor-General shall terminate the appointment of the member concerned.

  (3) Subsections (1) and (2) do not apply to a member who is the holder of a
judicial office but, if a member who is the holder of a judicial office ceases
to hold a judicial office, the Governor-General may terminate the member's
appointment.

  (4) In this section, 'judicial office' includes a judicial office of a
State.

LAW REFORM COMMISSION ACT 1973 - SECT 18 
Resignations 
SECT

  18. A member may resign the office of member by writing signed by the member
and delivered to the Governor-General.

LAW REFORM COMMISSION ACT 1973 - SECT 19 
Leave of absence for full-time members 
SECT

  19. The Attorney-General may grant leave of absence to a full-time member
upon such terms and conditions as to payment of salary or otherwise as the
Attorney-General determines.

LAW REFORM COMMISSION ACT 1973 - SECT 20 
Meetings of Commission 
SECT

  20.(1) The President shall convene such meetings of the Commission as are,
in the President's opinion, necessary for the efficient conduct of its
affairs.

  (2) The quorum for a meeting shall be 3 members.

  (3) A question arising at a meeting of the Commission shall be decided by a
majority of the votes of members present and voting.

  (4) The President shall preside at all meetings at which the President is
present.

  (5) In the event of the absence of the President from a meeting, the Deputy
President shall preside at that meeting.

  (6) In the absence of the President and the Deputy President from a meeting,
the members present shall elect one of their number to preside at that meeting
and the person so elected shall preside accordingly.

  (7) At a meeting, the President or other member who presides has a
deliberative vote and, in the event of votes being equal, has a casting vote.

  (8) The Commission may regulate and conduct the proceedings at its meetings
as it thinks fit and shall keep minutes of those proceedings.

LAW REFORM COMMISSION ACT 1973 - SECT 21 
Meetings of Divisions 
SECT

  21.(1) A meeting of a Division constituted under subsection 27 (1) shall:

   (a) if the President is among the members of the Division, be convened and

presided over by the President;

   (b) if the Deputy President but not the President is among the members of

the Division, be convened and presided over by the Deputy President; and

   (c) in any other case, be convened and presided over by a member of the

Division specified for the purpose by the President.

  (2) In the event of the absence from a meeting of a Division of the member
who, pursuant to subsection (1), is to preside, those members of the Division
who are present may elect one of their number to preside at that meeting.

  (3) The quorum for a meeting of a Division shall be 2 members.

  (4) The member presiding at a meeting of a Division shall have a
deliberative vote.

  (5) A question arising at a meeting of a Division shall be decided by a
majority of the votes of the members present and voting.

  (6) If at a meeting of a Division at which only 2 members are present, those
members differ in opinion on a question, the member presiding shall postpone
the determination of that question to a meeting of the Division at which all
the members of the Division are present.

  (7) In the event of an equality of votes on a question before a meeting of
the Division at which more than 2 members are present, the member presiding
shall have a casting vote.

  (8) A Division may regulate the conduct of its proceedings at meetings and
shall keep minutes.

LAW REFORM COMMISSION ACT 1973 - SECT 22 
Appointment of staff 
SECT

  22.(1) The President may, on behalf of the Commission and with the approval
of the Attorney-General, appoint as employees of the Commission such persons
as the President thinks necessary for the purposes of this Act.

  (2) The terms and conditions of employment of employees of the Commission
are such as are from time to time determined by the President with the
approval of the Attorney-General.

LAW REFORM COMMISSION ACT 1973 - SECT 23 
President may engage consultants 
SECT

  23.(1) The President may, with the approval of the Attorney-General, engage
persons having suitable qualifications and experience as consultants to the
Commission.

  (2) The terms and conditions of the engagement of a person under subsection
(1) are, subject to this Act, such as are determined by the President with the
approval of the Attorney-General.

LAW REFORM COMMISSION ACT 1973 - SECT 26 
Application of Superannuation Act to staff etc. 
SECT

  26. The Commission is an approved authority for the purposes of the
Superannuation Act 1922.

LAW REFORM COMMISSION ACT 1973 - PART IV 
 PART IV-PROCEEDINGS OF THE COMMISSION 

LAW REFORM COMMISSION ACT 1973 - SECT 27 
President may constitute Divisions 
SECT

  27.(1)  The President may constitute a Division consisting of not less than
3 members including, if the President thinks fit, himself or herself, for the
purposes of a particular reference.

  (2) A Division constituted under subsection (1) shall, for the purposes of
the reference in respect of which it is constituted, and for the purpose of
making a report and recommendations to the Attorney-General arising out of
that reference, be deemed to be the Commission.

LAW REFORM COMMISSION ACT 1973 - SECT 28 
Commission to inform itself in any manner 
SECT

  28. For the purposes of a review or consideration of any matter the subject
of a reference, the Commission may inform itself in such manner as it thinks
fit.

LAW REFORM COMMISSION ACT 1973 - PART V 
 PART V-FINANCE 

LAW REFORM COMMISSION ACT 1973 - SECT 29 
Moneys payable to Commission, and estimates of expenditure 
SECT

  29.(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 subsection (1) are to be paid to
the Commission.

  (3) The Commission shall prepare estimates, in such form as the
Attorney-General directs, of receipts and expenditure of the Commission for
each financial year and, if the Attorney-General so directs, for any other
period specified by the Attorney-General and the Commission shall submit
estimates so prepared to the Attorney-General not later than such date as the
Attorney-General directs.

  (4) Moneys of the Commission shall not be expended by the Commission
otherwise than in accordance with estimates of expenditure approved by the
Attorney-General.

LAW REFORM COMMISSION ACT 1973 - SECT 30 
Purchase and disposal of assets 
SECT

  30. The Commission shall not, without the approval of the Attorney-General:

   (a) acquire any property, right or privilege for a consideration exceeding

in amount or value $50,000 or, if a higher amount is prescribed, that higher
amount;

   (b) dispose of any property, right or privilege where the amount or value
of

the consideration for the disposal, or the value of the property, right or
privilege, exceeds $50,000 or, if a higher amount is prescribed, that higher
amount;

   (c) enter into a contract for the construction of a building for the

Commission, being a contract under which the Commission is to pay an amount
exceeding $50,000 or, if a higher amount is prescribed, that higher amount;
or

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

LAW REFORM COMMISSION ACT 1973 - SECT 32 
Application of moneys of Commission 
SECT

  32. The moneys of the Commission shall be applied only:

   (a) in the discharge of obligations and liabilities of the Commission

arising under this Act; and

   (b) in the payment of any salary and allowances payable under this Act.

LAW REFORM COMMISSION ACT 1973 - SECT 33 
Application of Division 3 of Part XI of Audit Act 
SECT

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

LAW REFORM COMMISSION ACT 1973 - SECT 36 
Exemption from taxation 
SECT

  36. The Commission is not subject to taxation under any law of the
Commonwealth, a State or a Territory.

LAW REFORM COMMISSION ACT 1973 - PART VI 
 PART VI-MISCELLANEOUS 

LAW REFORM COMMISSION ACT 1973 - SECT 37 
Reports to be laid before each House of the Parliament 
SECT

  37. Where the Attorney-General receives a report (including an interim
report) on a matter the subject of a reference, the Attorney-General shall lay
the report before each House of the Parliament within 15 sitting days of that
House after its receipt by the Attorney-General.

LAW REFORM COMMISSION ACT 1973 - SECT 38 
Regulations 
SECT

  38. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for carrying
out or giving effect to this Act.