National Capital Development Commission Act 1975 (Cth)

NATIONAL CAPITAL DEVELOPMENT

COMMISSION ACT 1975

No. 66 of 1975

An Act to amend the National Capital Development Commission Act

1957-1973.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

1. (1) This Act may be cited as the National Capital Development Short title

Commission Act 1975.1	and citation.
(2) The National Capital Development Commission Act 1957-19732 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the

National Capital Development Commission Act 1957-1975.

2. This Act shall come into operation on the day on which it receives Commence-

the Royal Assent.1 ment·

3. Section 6 of the Principal Act is repealed and the following section

substituted: —

“ 6. (1) The Commissioner and each Associate Commissioner shall Remuner-

be paid such remuneration as is determined by the Remuneration a}|onand

„ ,.r	,	J	allowances.
Tribunal.

“ (2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed, but, until regulations for the pur­ poses of this sub-section are in force, they shall be paid allowances at the rates that were applicable immediately before the commencement of this section.

the Darwin Reconstruction Act 1975 and—

“ (3) This section has effect subject to the Remuneration Tribunals

Act 1973-1974.” .

4. (1) Section 8 of the Principal Act is amended by adding at the Termination

end of paragraph (a) of sub-section (2) the words “ without the approval of .

Of the Minister ’ ’.

appointmen .

(2) Nothing in sub-section 8 (2) of the Principal Act shall be taken

to have prevented a person holding the office of Commissioner from

being appointed to hold, at the same time, the office of Chairman under

No. 66 National Capital Development Commission 1975

(a)	for the purposes of sub-sections 4 (3 a ) and (4) of the Superan­ nuation Act 1922-1974, such a person so appointed shall not, by reason only of the appointment and of the operation of this sub­ section, be deemed not to have been required, by the terms of his appointment to the office of Commissioner, to give the whole of his time to the duties of that office; and
(b)	the person holding the office of Commissioner and that office of Chairman immediately before the commencement of this sub­ section may, after the commencement of this sub-section, con­ tinue to hold those offices.

Functions of 5. Section 11 of the Principal Act is amended by omitting from sub­

Commission.

section (3a ) the words “ under the last preceding sub-section” and sub­

stituting the words “ under sub-section (3 )” .

Placing of	6. Section 14 of the Principal Act is amended by omitting from sub­
land under

control of	section (4) the words “ of this section”.
Commission.
7. Sections 22 and 23 of the Principal Act are repealed and the fol­ lowing sections substituted: —
Proper	“ 22. The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission and shall do all things necessary to ensure that all payments out of the moneys of the Commission are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.
accounts to
be kept.
Audit.	“ 23. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Commission and the records relating to assets of, or in the custody of, the Commission, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General,
is of sufficient importance to justify his so doing.
“ (2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

“ (3) The Auditor-General shall, at least once in each financial year,

report to the Minister the results of the inspection and audit carried out

under sub-section (1).

“ (4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acqui­ sition, receipt, custody or disposal of assets by the Commission.

1975 National Capital Development Commission No. 66

“ (5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

“ (6) The Auditor-General or a person authorized by him may require a person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirements.

“ (7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.” .

8. Section 24 of the Principal Act is amended by omitting from sub- Reports,

section (4) paragraphs (b) and (c) and substituting the following

paragraphs: —

“ (b) whether the statements are in agreement with the accounts

and records;

“ (c) whether the receipt and expenditure of moneys, and the acqui­ sition and disposal of assets, by the Commission during the year have been in accordance with this Act; and”.

9. After section 26 of the Principal Act the following sections are inserted: —

“26A. If the Commissioner or an Associate Commissioner engages Rights of

in employment outside the duties of his office with the approval of the c?m." _ _.. r J r r missioner

Minister— and

( a)	for the purposes of sub-section 8 (2), he shall, during any period com-iate during which he is absent from duty as Commissioner or as As- missioners sociate Commissioner, as the case may be, for the purposes of ®”̂ rged in that employment, be deemed to be on leave of absence granted employment, under section 7; and
(b)	for the purposes of sub-sections 4 (3a ) and (4) of the Superan­
gaging in that employment and of the operation of this sub­ nuation Act 1922-1974, he shall not, by reason only of his so en­

section, be deemed not to be required, by the terms of his appointment to the office of Commissioner or of Associate Com­ missioner, as the case may be, to give the whole of his time to the duties of that office.

“ 26b. Arrangements may be made, with the approval of the Minis- Assistance to

ter, between the Commission and any other body corporate that is incor- οι1ψΓ .. missioner to be made available to that other body corporate. ” .

porated for a public purpose by a law of Australia or of an internal

No. 66 National Capital Development Commission 1975

NOTES

1. Act No. 66,1975; assented to 19 June 1975.

2. Act No. 42, 1957, as amended by No. 83, 1960; and No. 216, 1973 (as amended by No. 20,1974).