METRIC CONVERSION ACT 1970
- Reprinted as at 19 December 1973 (HISTACT2 CHAP 186 #DATE 19:12:1973)
METRIC CONVERSION ACT 1970-1973 - TABLE OF PROVISIONS
TABLE
METRIC CONVERSION ACT 1970-1973
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Definitions
4. Extension to Territories
5. Object of Act
6. Powers of Minister
7. Minister may authorize Board to exercise powers
8. Establishment of Board
9. Constitution of Board
10. Oath or affirmation of allegiance
11. Leave of absence
12. Remuneration and allowances
13. Dismissal
14. Resignation of members
15. Vacation of office
16. Disclosure of interests in agreements, &c.
17. Preservation of rights
18. (Repealed)
19. Application of Superannuation Act
20. Person acting as member
21. Meetings of the Board
22. Functions of Board
23. Powers of Board
24. Reports
25. Regulations
METRIC CONVERSION ACT 1970-1973 - SECT. 1.
Short title.
SECT
METRIC CONVERSION ACT 1970-1973
Title amended by No. 216, 1973, s. 3. An Act to facilitate the adoption in
Australia and in certain Territories of the Metric System of Measurement, and
for that purpose to establish a Metric Conversion Board.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Metric Conversion Act 1970-1973.*
METRIC CONVERSION ACT 1970-1973 - SECT. 2.
Commencement.
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*
METRIC CONVERSION ACT 1970-1973 - SECT. 3.
Definitions.
SECT
Amended by No. 216, 1973, s. 3.
3. In this Act, unless the contrary intention appears-
''Australia'' includes all the Territories to which this Act extends;
''full time member'' means a member, being the Chairman or the Executive
Member, appointed as a full time member;
''member'' means a member of the Board, and includes the Chairman, the
Deputy Chairman and the Executive Member;
''the Board'' means the Metric Conversion Board established by this Act;
''the Chairman'' means the Chairman of the Board, and includes a person
acting in the office of the Chairman;
''the Deputy Chairman'' means the Deputy Chairman of the Board, and includes
a person acting in the office of the Deputy Chairman;
''the Executive Member'' means the Executive Member of the Board, and
includes a person acting in the office of the Executive Member;
''the metric system of measurement'' means measurement in terms of-
(a) the units comprised in the International System of Units for the
time being approved by the General Conference on Weights and Measures;
(b) units decimally related to those units and for the time being so
approved; and
(c) such other units as the Minister declares, from time to time, by
notice published in the Gazette, to be within the metric system.
METRIC CONVERSION ACT 1970-1973 - SECT. 4.
Extension to Territories.
SECT
Substituted by No. 216, 1973, s. 3.
4. This Act extends to every external Territory except Papua New Guinea.
METRIC CONVERSION ACT 1970-1973 - SECT. 5.
Object of Act.
SECT
5. The object of this Act is to bring about progressively the use of the
metric system of measurement in Australia as the sole system of measurement of
physical quantities.
METRIC CONVERSION ACT 1970-1973 - SECT. 6.
Powers of Minister.
SECT
6. The Minister may, on behalf of the Commonwealth, do such things, make
such arrangements and enter into such agreements as he thinks conducive to the
attainment of the object of this Act.
METRIC CONVERSION ACT 1970-1973 - SECT. 7.
Minister may authorize Board to exercise powers.
SECT
7. The Minister may, by instrument in writing, authorize the Board to
exercise, subject to and in accordance with his directions, any of his powers
under the last preceding section.
METRIC CONVERSION ACT 1970-1973 - SECT. 8.
Establishment of Board.
SECT
8. (1) For the purposes of this Act, there is hereby constituted a board by
the name of the Metric Conversion Board.
(2) The Board-
(a) is a body corporate, with perpetual succession;
(b) shall have a common seal;
(c) is capable of acquiring, holding and disposing of real and personal
property; and
(d) may sue and be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the Board affixed to a document and shall presume
that it was duly affixed.
METRIC CONVERSION ACT 1970-1973 - SECT. 9.
Constitution of Board.
SECT
9. (1) The Board shall consist of a Chairman, a Deputy Chairman, an
Executive Member and such number of other members as the Governor-General from
time to time determines.
(2) The members of the Board shall be appointed by the Governor- General.
(3) A member holds office for such period, not exceeding seven years, as is
specified in the instrument of his appointment, and is eligible for
reappointment.
(4) The Governor-General may, if he thinks fit, appoint the Chairman or the
Executive Member as a full time member, or both as full time members.
(5) The performance of the functions or the exercise of the powers of the
Board is not affected by reason only of there being a vacancy or vacancies in
the membership of the Board.
METRIC CONVERSION ACT 1970-1973 - SECT. 10.
Oath or affirmation of allegiance.
SECT
10. A member shall, before entering on his duties or exercising any power
under this Act, make, before a Justice of the Peace or a Commissioner for
taking Affidavits, an oath or affirmation of allegiance in accordance with the
form in the Schedule to the Constitution.
METRIC CONVERSION ACT 1970-1973 - SECT. 11.
Leave of absence.
SECT
11. The Minister may grant leave of absence to a full time member upon such
terms and conditions as the Minister determines.
METRIC CONVERSION ACT 1970-1973 - SECT. 12.
Remuneration and allowances.
SECT
Sub-section (1) substituted by No. 22, 1971, s. 3.
12. (1) Subject to the next succeeding sub-section, the members shall be
paid such remuneration as the Parliament provides.
Inserted by No. 22, 1971, s. 3.
(1A)* The Executive Member, being a full time member of the Board, shall be
paid salary at the rate of Thirteen thousand eight hundred and twenty dollars
a year.
(2) The members shall be paid such travelling or other allowances as are
prescribed.
METRIC CONVERSION ACT 1970-1973 - SECT. 13.
Dismissal.
SECT
13. The Governor-General may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.
METRIC CONVERSION ACT 1970-1973 - SECT. 14.
Resignation of members.
SECT
14. A member may resign his office by writing under his hand delivered to
the Governor-General but the resignation does not have effect until accepted
by the Governor-General.
METRIC CONVERSION ACT 1970-1973 - SECT. 15.
Vacation of office.
SECT
15. (1) If a member-
(a) being a full time member, engages in paid employment outside the duties
of his office without the approval of the Minister;
(b) being a full time member, absents himself from duty for fourteen
consecutive days, or for twenty-eight days in any twelve months, without leave
agreed to by the Minister;
(c) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with his creditors or makes an
assignment of his remuneration for their benefit; or
(d) fails to comply with his obligations under the next succeeding
section,
the Governor-General shall, by notice in the Gazette, terminate his
appointment.
(2) The Minister shall not give an approval for the purposes of paragraph
(a) of the last preceding sub-section unless he is satisfied that the paid
employment will not interfere with the performance of the duties of the member
under this Act.
METRIC CONVERSION ACT 1970-1973 - SECT. 16.
Disclosure of interests in agreements, &c.
SECT
16. (1) A member who, otherwise than as a member of, and in common with the
other members of, an incorporated company consisting of not less than
twenty-five persons, is directly or indirectly interested in an arrangement or
agreement made or entered into, or proposed to be made or entered into, by the
Board on behalf of the Commonwealth 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 Board.
(2) A disclosure under the last preceding sub-section shall be recorded in
the minutes of the Board, and the member-
(a) shall not take part after the disclosure in any deliberation or
decision of the Board with respect to the arrangement or agreement; and
(b) shall be disregarded for the purposes of constituting a quorum of the
Board for any such deliberation or decision.
METRIC CONVERSION ACT 1970-1973 - SECT. 17.
Preservation of rights.
SECT
Amended by No. 216, 1973, s. 3.
17. Where, immediately before his appointment under this Act, a full time
member was an officer of the Public Service of the Commonwealth-
(a) he retains his existing and accruing rights; and
(b) for the purpose of determining those rights, his service under this Act
shall be taken into account as if it were service in the Public Service of the
Commonwealth.
Section 18 repealed by No. 216, 1973, s. 3.
* * * * * * * *
METRIC CONVERSION ACT 1970-1973 - SECT. 19.
Application of Superannuation Act.
SECT
19. For the purposes of sub-sections (3A) and (4) of section 4 of the
Superannuation Act 1922-1969, a full time member shall be deemed to be
required, by the terms of his appointment, to give the whole of his time to
the duties of his office.
METRIC CONVERSION ACT 1970-1973 - SECT. 20.
Person acting as member.
SECT
20. (1) Where a member is, or is expected to be, absent, or there is a
vacancy in the office of a member, the Governor-General may appoint a person
(including another member) to act in the office of the member during the
absence or until the filling of the vacancy.
(2) The Governor-General may at any time terminate an appointment under this
section.
(3) Sections 10, 12, 14, 16 and 18 of this Act apply in relation to a person
appointed under this section in like manner as they apply in relation to the
member in whose office he is acting.
(4) A person appointed to act in the office of a member has all the powers
and functions under this Act of that member.
(5) For the purposes of this section, a member acting in the office of
another member shall be deemed to be absent with the consent of the Minister.
METRIC CONVERSION ACT 1970-1973 - SECT. 21.
Meetings of the Board.
SECT
21. (1) Subject to this section, meetings of the Board shall be held at such
times and places as the Board from time to time determines.
(2) The Minister or the Chairman may convene a meeting of the Board.
(3) In the event of the absence of the Chairman or of a vacancy in his
office, the Deputy Chairman may convene a meeting of the Board.
(4) In the event of-
(a) the absence of the Chairman or a vacancy in his office; and
(b) the absence of the Deputy Chairman or a vacancy in his office,
the Executive Member may convene a meeting of the Board.
(5) The Chairman shall preside at all meetings of the Board at which he is
present.
(6) In the event of the absence of the Chairman from a meeting of the Board,
the Deputy Chairman shall preside at the meeting.
(7) In the event of the absence of both the Chairman and the Deputy Chairman
from a meeting of the Board, the Executive Member shall preside at the
meeting.
(8) In the event of the absence of the Chairman, the Deputy Chairman and the
Executive Member from a meeting of the Board, the members present shall
appoint one of their number to preside at the meeting.
(9) At a meeting of the Board, four members constitute a quorum.
(10) A question arising at a meeting of the Board shall be decided by a
majority of the votes of the members present and, for this purpose, the member
presiding at the meeting is entitled to a deliberative vote and also, in the
event of an equality of votes, to a casting vote.
METRIC CONVERSION ACT 1970-1973 - SECT. 22.
Functions of Board.
SECT
22. The functions of the Board are-
(a) to make recommendations to the Minister with respect to the exercise by
the Minister of his powers under section 6 of this Act;
(b) to exercise any power that it is authorized under section 7 of this Act
to exercise; and
(c) such other functions related to the attainment of the object of this
Act as the Minister determines.
METRIC CONVERSION ACT 1970-1973 - SECT. 23.
Powers of Board.
SECT
23. The Board has power to do all things necessary or convenient to be done
in connexion with, or as incidental to, the performance of its functions and,
in particular, and without limiting the generality of the foregoing, the Board
may engage persons to advise the Board upon any matter related to the
functions of the Board.
METRIC CONVERSION ACT 1970-1973 - SECT. 24.
Reports.
SECT
24. (1) The Board shall furnish to the Minister such reports relating to its
operations as the Minister requires.
(2) Subject to this section, the Board shall, as soon as practicable after
each thirtieth day of June, furnish to the Minister, for presentation to each
House of the Parliament, a report of its operations during the year ended on
that date.
Sub-section (3) omitted by No. 216, 1973, s. 3.
* * * * * * * *
(4) The Minister shall cause the report of the Board, together with a report
by the Minister on the operation of this Act during the period to which the
report of the Board relates, to be laid before each House of the Parliament
within fifteen sitting days of that House after the receipt by the Minister of
the report of the Board.
METRIC CONVERSION ACT 1970-1973 - SECT. 25.
Regulations.
SECT
25. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters that are required or permitted by this Act to be
prescribed or are necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
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METRIC CONVERSION ACT 1970-1973 - NOTES
NOTES
1. The Metric Conversion Act 1970-1973 comprises the Metric Conversion Act
1970 as amended by the other Acts specified in the following table:
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Number Date Date
Act and year of Assent of commencement
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Metric Conversion Act
1970 No. 16, 1970 12 June 1970 12 June 1970
Salaries Act 1971 (a) No. 22, 1971 4 May 1971 14 Jan 1971
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) The Salaries Act 1971 was repealed by section 7 of the Statute Law
Revision Act 1973. That section provides that the repeal does not affect the
operation of any amendment made by the repealed Act or any provision made by
it for the citation of an Act as so amended.
2.-S. 12 (1A)-By section 15 of, and Schedule 4 to, the Remuneration and
Allowances Acts 1973, the rate per annum of the salary applicable to the
office of Executive Member of the Metric Conversion Board is $15,983.
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