Australian Bicentennial Authority Act 1980
Act No. 49 of 1980 as amended
Consolidated as in force on 19 November 1999
(includes amendments up to Act No. 118 of 1999)
[Note: This Act is repealed by No. 118, 1999]
Prepared by the Office of Legislative Drafting
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Interpretation.................................
4 Application..................................
5 Reports....................................
6 Directions by Minister etc..........................
7 Power of Prime Minister to terminate appointment of Chairman in certain circumstances
8 Appointment of senior officers of Authority...............
9 Directors deemed to hold public offices for purposes of Remuneration Tribunal Act 1973
10 Moneys payable to Authority.......................
11 Estimates...................................
12 Application of moneys of the Authority.................
13 Authority may form, and invest in, companies for certain purposes.
14 Borrowings by Authority..........................
15 Staff of Authority..............................
15A Application of Archives Act........................
15B Application of Freedom of Information Act...............
15C Application of Ombudsman Act......................
16 Application of Public Accounts Committee Act............
17 Authority deemed to be Commonwealth authority for purposes of Public Service Act
18 Authority deemed to be approved authority for purposes of Superannuation Act
19 Exemption from taxation..........................
21 Winding up of Authority..........................
22 Protection of name, symbol etc. of Authority..............
23 Forfeiture of articles etc...........................
24 Sections 22 and 23 not to limit other laws................
25 Annual report of Authority.........................
26 Regulations..................................
Schedule—Official Symbols of the Authority
Notes
An Act relating to The Australian Bicentennial Authority
1 Short title [see Note 1]
This Act may be cited as the Australian Bicentennial Authority Act 1980.
2 Commencement [see Note 1]
(1) Subject to subsection (2), this Act shall come into operation on a date to be fixed by Proclamation.
(2) Section 17 of this Act shall come into operation on the day fixed under subsection 2 (2) of the Public Service Amendment Act 1978.
3 Interpretation
In this Act, unless the contrary intention appears:
accounts means profit and loss accounts and balance‑sheets, and includes notes, other than auditors’ reports or directors’ reports, attached to, or intended to be read with, any of those profit and loss accounts or balance‑sheets.
approved bank means a bank as defined in subsection 5(1) of the Banking Act 1959 approved by the Treasurer or by a person authorized by the Treasurer to give approvals for the purposes of this definition.
Authority means The Australian Bicentennial Authority, being the company so named that is registered as a company limited by guarantee under the Companies Ordinance 1962.
Board means the Board of Directors of the Authority.
Chairman means the Chairman of the Authority.
Companies Ordinance 1962 means the Companies Ordinance 1962 of the Australian Capital Territory as amended and in force from time to time.
4 Application
This Act applies in relation to the Authority notwithstanding anything in the Memorandum…
Overview
The Australian Bicentennial Authority Act 1980 was enacted to establish The Australian Bicentennial Authority as a body corporate with the purpose of promoting and coordinating activities in commemoration of the bicentennial of Australia. This Act was passed by the Parliament of Australia and aimed to create a formal structure for the organisation and management of bicentennial celebrations and events. The Act delineates the powers, functions, and governance of the Authority, ensuring it operates efficiently to meet its objectives within the specified timeframe. The enactment of this legislation addressed the need for a coordinated national effort to celebrate Australia's bicentennial, providing a legal framework to support the planning and execution of commemorative activities.
Scope and Application
The Australian Bicentennial Authority Act 1980 applies to the Australian Bicentennial Authority, a Commonwealth entity established to oversee and coordinate the planning, development, and execution of bicentennial activities and commemorative events in Australia. This Act governs the Authority's operations, administration, and powers, superseding any conflicting provisions in the Authority's Memorandum of Association or Articles of Association. The Act applies across the Commonwealth of Australia, with its provisions enforceable by federal authorities. Notably, the Authority and its wholly-owned subsidiaries are exempt from all forms of taxation under Commonwealth, state, and territory laws. Additionally, the Treasurer has the discretion to exempt other subsidiaries from taxation under the same laws. The Act also incorporates provisions from other significant legislative instruments, deeming the Authority subject to the Archives Act 1983, the Freedom of Information Act 1982, the Ombudsman Act 1976, the Public Accounts Committee Act 1951, the Public Service Act 1922, and the Superannuation Act 1976. Subordinate instruments may extend or further define the application and enforcement of this Act.
Key Provisions
- The Australian Bicentennial Authority Act 1980, as consolidated, outlines the legislative framework governing the Australian Bicentennial Authority, a body established to promote the bicentennial of Australia. The Act's main sections include provisions on the authority's establishment, its operations, funding, and the protection of its identity. Section 4 declares that the Act applies to the Authority, irrespective of any conflicting provisions in its memorandum or articles of association. Section 5 mandates that the Board of the Authority must submit reports to the Minister on matters concerning the promotion of the Authority's objectives, while Section 6 requires the Authority to follow the Minister's directions regarding the policies it should adopt. Section 7 grants the Prime Minister the power to remove the Chairman of the Authority for misbehaviour or incapacity, or to terminate their appointment under specified conditions. Section 8 stipulates that the appointment of senior officers, such as the chief executive officer and the Secretary, requires the Chairman's approval. Section 10 details that the Authority receives funding appropriated by Parliament, with the Minister for Finance having the authority to direct the timing and amounts of these payments.
- The obligations imposed by the Act on the Authority include adhering to the Minister's directions, preparing and submitting financial estimates and annual reports, and ensuring that its activities align with the objectives outlined in the Act. The Authority must also secure approvals for certain actions, such as forming subsidiary companies or borrowing funds, from the relevant Minister. Furthermore, the Authority is obligated to comply with various other Acts, including the Archives Act, the Freedom of Information Act, and the Ombudsman Act, as stipulated in Sections 15A to 15C. It is also exempt from taxation under Commonwealth, state, or territory laws, as per Section 19.
- Section 22 introduces offences related to the unauthorized use of the Authority's name, symbols, or expressions, with penalties for individuals and corporate bodies. For individuals, the maximum fine is $2,000, while for corporate bodies, it is $4,000. Section 23 mandates the forfeiture of any goods or articles involved in the commission of an offence under Section 22. These provisions are supplementary to any other laws that might confer additional rights or powers on the Authority, as clarified in Section 24. The Act also sets out the procedure for the winding up of the Authority, specifying the division of its remaining assets among the Commonwealth and the States, as per Section 21. Finally, Section 26 grants the Governor-General the power to make regulations necessary for the implementation of the Act.
- Area of Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Regulatory Standards
- Exemptions & Exclusions
- Reporting & Disclosure Obligations
