Administrative Services Legislation Amendment Act 1990

Overview

The Administrative Services Legislation Amendment Act 1990, which was assented to on 23 October 1990, was enacted by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia. This Act was introduced to address the need for the repeal and amendment of various Acts relating to matters dealt with by the Department of Administrative Services, and for related purposes. The Act primarily focuses on the amendment of the Archives Act 1983 to provide for the provision of discretionary services and the making of charges by the Archives. Additionally, it repeals the Naval Properties Transfer Act 1925 and the Procurement of Goods, Works and Services Act 1981, and makes amendments to various other Acts as specified in the Schedule. The policy objective of the Act is to ensure the effective administration of services by the Department of Administrative Services, particularly in relation to the Archives Act 1983, and to streamline and update existing legislation.

Scope and Application

The Administrative Services Legislation Amendment Act 1990 applies to the administrative services sector in Australia, particularly those under the Department of Administrative Services. It aims to repeal and amend various Acts relating to administrative services, encompassing a range of entities and conduct within the Commonwealth. This Act also extends its application to the provision of discretionary services by the Archives, allowing charges for such services when provided to Commonwealth institutions, subject to the Director-General's determination. The scope of the Act encompasses specific amendments to the Archives Act 1983, the repeal of the Naval Properties Transfer Act 1925 and the Procurement of Goods, Works and Services Act 1981, and amendments to the Parliamentary Allowances Act 1952, the Sales Tax Assessment Act (No. 1) 1930, and the Social Security Act 1947. The geographic reach of this legislation is national, applying across the Commonwealth of Australia. The Act also provides for further extension or restriction of its application through subordinate instruments.

Key Provisions

The Administrative Services Legislation Amendment Act 1990 (No. 80 of 1990) introduces several key provisions, primarily focusing on amendments to the Archives Act 1983 and the repeal and amendment of various other Acts. Section 3 (1) of this Act defines the Principal Act as the Archives Act 1983, with specific amendments introduced in Section 4, including a new subsection (3a) that defines what constitutes the provision of a discretionary service for a person. This is further elaborated in Section 5, which introduces a new section (69a) allowing the Archives to charge for discretionary services provided to Commonwealth institutions if not otherwise provided for by the Act, at an amount or rate determined by the Director-General. Section 6 amends Section 71 of the Principal Act by modifying the types of services for which prescribed charges can be made. The Act imposes several obligations and requirements on the parties it governs. For instance, Section 5 (69a) requires the Archives to determine charges for discretionary services in writing, ensuring transparency and accountability in their financial dealings with Commonwealth institutions. The amendment in Section 6 alters the scope of services for which charges can be prescribed, now excluding certain discretionary services provided to Commonwealth institutions unless otherwise specified by the Act. The Act also outlines penalties and consequences for non-compliance with its provisions. While the Act itself does not explicitly state penalties for breaches, it is reasonable to infer that failure to adhere to the prescribed procedures for determining charges or providing discretionary services could lead to administrative or legal repercussions. These could include fines, sanctions, or other corrective actions as determined by relevant authorities or courts. However, specific penalties are not detailed within the Act, implying that they would be subject to existing legal frameworks and regulations. In summary, the Administrative Services Legislation Amendment Act 1990 introduces amendments to the Archives Act 1983, allowing for charges for discretionary services provided to Commonwealth institutions, while also repealing and amending various other Acts. These changes impose obligations on the Archives to determine charges transparently and alter the scope of services for which charges can be made. While the Act does not explicitly detail penalties for non-compliance, breaches could result in administrative or legal consequences as per existing laws and regulations.