Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005

Administered by Department of Education, Employment and Workplace Relations

Legislation au C2005A00123 Not in force Act

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Asbestos‑related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005

 

No. 123, 2005

 

 

 

 

 

An Act to provide for consequential and transitional matters relating to the enactment of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005 and the repeal of certain stevedoring legislation, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

4 Transfer of liabilities from Stevedoring Industry Finance Committee to Commonwealth

5 Compensation for acquisition of property

6 Regulations

Schedule 1—Amendment of the Safety, Rehabilitation and Compensation Act 1988

Safety, Rehabilitation and Compensation Act 1988

Schedule 2—Repeal of certain stevedoring legislation

Stevedoring Industry Finance Committee Act 1977

Stevedoring Industry Levy Act 1977

Stevedoring Industry Levy Collection Act 1977

 

 

 

Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005

No. 123, 2005

 

 

 

An Act to provide for consequential and transitional matters relating to the enactment of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005 and the repeal of certain stevedoring legislation, and for related purposes

[Assented to 19 October 2005]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Asbestos‑related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

19 October 2005

2.  Section 4

Immediately after the commencement of Part 2 of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005.

26 October 2005

3.  Sections 5 and 6

The day on which this Act receives the Royal Assent.

19 October 2005

4.  Schedule 1

At the same time as Part 2 of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005 commences.

26 October 2005

5.  Schedule 2

Immediately after the commencement of section 4 of this Act.

26 October 2005

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Transfer of liabilities from Stevedoring Industry Finance Committee to Commonwealth

  On the commencement of this section:

 (a) a liability of any kind (whether actual, potential or contingent) of the Stevedoring Industry Finance Committee established by section 4 of the Stevedoring Industry Finance Committee Act 1977 ceases to be a liability of the Committee and becomes a liability of the Commonwealth; and

 (b) the Commonwealth becomes the successor in law in relation to the liability.

5  Compensation for acquisition of property

 (1) If the operation of this Act would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

 (2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

 (3) The Consolidated Revenue Fund is appropriated for the purposes of this section.

 (4) In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

6  Regulations

 (1) The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 (2) In particular, regulations may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

 (a) the enactment of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005; or

 (b) the enactment of this Act; or

 (c) the amendments or repeals made by this Act.


Schedule 1—Amendment of the Safety, Rehabilitation and Compensation Act 1988

 

Safety, Rehabilitation and Compensation Act 1988

1  At the end of section 69

Add:

Note: Functions have also been conferred on Comcare by other Acts, such as the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005 and the Occupational Health and Safety (Commonwealth Employment) Act 1991.

2  Subsection 73A(1)

After “other Act”, insert “(except the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005)”.

3  At the end of section 73B

Add:

Note: In certain circumstances Comcare requires the consent of the Minister before delegating the function conferred on it by section 12 of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005 or a power to do anything in connection with the performance of that function: see section 14 of that Act.

4  Subsection 91(1)

After “section 90D”, insert “of this Act or section 8 of the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005”.

5  Paragraph 91(3)(a)

Omit “and under the Occupational Health and Safety (Commonwealth Employment) Act 1991”, substitute “, the Occupational Health and Safety (Commonwealth Employment) Act 1991 or the Asbestos‑related Claims (Management of Commonwealth Liabilities) Act 2005”.


Schedule 2—Repeal of certain stevedoring legislation

 

1  Repeal of Acts

The Acts specified in this Schedule are repealed.

Stevedoring Industry Finance Committee Act 1977

Stevedoring Industry Levy Act 1977

Stevedoring Industry Levy Collection Act 1977

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 25 May 2005

Senate on 14 June 2005]

(78/05)

 

Overview

The Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005 was enacted by the Parliament of Australia to address the consequential and transitional matters arising from the enactment of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 and the repeal of certain stevedoring legislation. This Act, which received Royal Assent on 19 October 2005, ensures that the liabilities of the Stevedoring Industry Finance Committee are transferred to the Commonwealth, thereby resolving any potential gaps in liability management. Additionally, it provides for compensation for the acquisition of property in cases where the Act results in such acquisitions without just terms, ensuring compliance with constitutional requirements. The policy objective of this legislation is to streamline the management of asbestos-related claims and ensure a smooth transition by addressing the legal and financial implications of the related reforms. The Act also includes provisions for making regulations to facilitate the implementation of these changes, particularly those concerning transitional matters. It amends the Safety, Rehabilitation and Compensation Act 1988 to reflect the new functions and responsibilities conferred upon Comcare, and repeals certain stevedoring legislation, such as the Stevedoring Industry Finance Committee Act 1977, the Stevedoring Industry Levy Act 1977, and the Stevedoring Industry Levy Collection Act 1977. By addressing these issues, the Act aims to provide a coherent legal framework that supports the efficient handling of asbestos-related claims while mitigating any adverse effects on stakeholders.

Scope and Application

The Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005 is an Australian Commonwealth Act designed to address consequential and transitional matters following the enactment of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 and the repeal of certain stevedoring legislation. This Act applies to the transfer of liabilities from the Stevedoring Industry Finance Committee to the Commonwealth and provides for compensation in cases where property acquisition occurs without just terms. It is applicable nationally across Australia and encompasses the transfer of all liabilities of the Stevedoring Industry Finance Committee to the Commonwealth, including those that are actual, potential, or contingent. The Act also mandates compensation for property acquisitions deemed to occur without just terms, with provisions for disputes to be resolved in a court of competent jurisdiction. Additionally, the Act authorises the Governor-General to make regulations for matters required or permitted by this Act, particularly those of a transitional nature. The Act commenced on 19 October 2005, with specific sections and schedules commencing on various dates, including the repeal of certain stevedoring legislation immediately after the commencement of Part 2 of the primary Act on 26 October 2005.

Key Provisions

The Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Act 2005 (sections 1 to 3) commences on the day this Act receives Royal Assent, which was 19 October 2005. Other sections have specific commencement dates, such as section 4 which starts immediately after the commencement of Part 2 of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005, effective 26 October 2005. Section 5, dealing with the transfer of liabilities from the Stevedoring Industry Finance Committee to the Commonwealth, and section 6, which provides for compensation for the acquisition of property, also commence on the day of Royal Assent. The Schedule 1 amendments to the Safety, Rehabilitation and Compensation Act 1988 and Schedule 2 repealing certain stevedoring legislation, come into effect on 26 October 2005. Under this Act, the Commonwealth assumes all liabilities of the Stevedoring Industry Finance Committee (sections 4 and 5). This transfer includes any actual, potential, or contingent liabilities that the Committee held. Furthermore, section 5 stipulates that if this Act results in the acquisition of property from a person without just terms, the Commonwealth must compensate the affected person. Section 6 outlines the process for determining compensation if an agreement cannot be reached between the Commonwealth and the person whose property is acquired. Any breach of this Act may result in various civil or criminal consequences. Section 5 includes provisions for compensation for property acquisition, while section 6 provides a legal recourse for disputes over compensation amounts. The Act does not explicitly state penalties for breaches of its other provisions; however, penalties would typically be determined by the specific provisions of the related acts or through the courts. The Act allows the Governor-General to make regulations necessary for its implementation, including transitional provisions related to the enactment of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 and other related acts.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Compensation for acquisition of property
Delegated & Subordinate Legislation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.