Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996

Administered by Attorney-General's Department

Legislation au C2004A05060 Not in force Act

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Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996

Act No. 38 of 1996 as amended

This compilation was prepared on 1 December 1999

[This Act is amended by Act No. 125 of 1999]
Schedule 2 (item 1) repealed and substituted subsections 2(2) and (3)
Schedule 2 (item 2) amended Schedule 1 (items 1–3, 5, 6 and 11)

Schedule 2 (item 1) commenced immediately after 9 October 1996
Schedule 2 (item 2) commenced immediately after 1 January 1998]

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

 

 

 

Contents

Part 1—Preliminary

1 Short title...................................

2 Commencement...............................

3 Schedule(s)..................................

Part 2—Transitional

4 Interpretation.................................

5 President, Deputy President and other members............

6 Transfer of LRC staff to ALRC......................

7 Transfer of LRC assets and liabilities to ALRC.............

8 LRC instruments...............................

9 Pending proceedings............................

10 Continuation of references, directions and requirements........

11 Regulations..................................

Schedule 1—Amendment of the Australian Law Reform Commission Act 1996

Schedule 2—Amendment or repeal of other Acts

Administrative Appeals Tribunal Act 1975

Law Reform Commission Act 1973

 

An Act to repeal the Law Reform Commission Act 1973 and to deal with transitional and consequential matters arising from the repeal of that Act and the enactment of the Australian Law Reform Commission Act 1996, and for related purposes

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996.

2  Commencement

 (1) Subject to this section, this Act commences on the same day as the Australian Law Reform Commission Act 1996.

 (2) Schedule 1 commences immediately after the Commonwealth Authorities and Companies Act 1997 commences.

3  Schedule(s)

  Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule  to this Act has effect according to its terms.

Part 2—Transitional

 

4  Interpretation

  In this Part, unless the contrary intention appears:

ALRC means the Australian Law Reform Commission established by the ALRC Act.

ALRC Act means the Australian Law Reform Commission Act 1996.

assets means any legal or equitable assets or interests in real or personal property, whether actual, contingent or prospective, and includes all rights, powers, privileges and immunities, whether actual, contingent or prospective.

commencement time means the time when this Part commences.

instrument includes a document and an oral agreement.

liabilities means all liabilities and obligations, whether actual, contingent or prospective.

LRC means the Law Reform Commission established by the LRC Act.

LRC Act means the Law Reform Commission Act 1973.

LRC Deputy President means the person who held office as Deputy President of the LRC immediately before the commencement time.

LRC member means a person who held office as a member of the LRC immediately before the commencement time, except the LRC President and the LRC Deputy President.

LRC President means the person who held office as President of the LRC immediately before the commencement time.

LRC staff member means a person appointed under section 22 of the LRC Act.

5  President, Deputy President and other members

 (1) The LRC President becomes the ALRC President at the commencement time.

 (2) The LRC Deputy President becomes the ALRC Deputy President at the commencement time.

 (3) Each LRC member becomes an ALRC member at the commencement time.

 (4) A person who becomes the ALRC President or an ALRC member under this section holds that office:

 (a) on the same terms and conditions as applied to his or her appointment as LRC President or LRC member, as the case may be, immediately before the commencement time; and

 (b) for the unexpired part of the term of his or her appointment.

 (5) The person who becomes the ALRC Deputy President under this section holds that office:

 (a) on the same terms and conditions as applied to his or her appointment as LRC Deputy President immediately before the commencement time; and

 (b) for a term ending on 13 December 2000.

 (6) This section does not prevent the terms and conditions referred to in subsections (4) and (5) being varied after the commencement time.

6  Transfer of LRC staff to ALRC

 (1) Each LRC staff member becomes a member of the staff of the ALRC at the commencement time.

 (2) A person who becomes a member of the staff of the ALRC under this section:

 (a) must be employed on terms and conditions that are not less favourable than the terms and conditions that applied to the person’s employment as an LRC staff member; and

 (b) is entitled to retain, as a member of the staff of the ALRC, all the benefits that had accrued to the person in respect of his or her employment as an LRC staff member, as if those benefits had accrued in respect of his or her employment as a member of the staff of the ALRC.

 (3) This section does not prevent terms and conditions of employment being varied after the commencement time.

7  Transfer of LRC assets and liabilities to ALRC

  The assets and liabilities of the LRC become the assets and liabilities of the ALRC at the commencement time.

8  LRC instruments

 (1) Each LRC instrument continues to have effect according to its tenor after the commencement time as if a reference in the instrument to the LRC were a reference to the ALRC.

 (2) In this section:

LRC instrument means an instrument in operation immediately before the commencement time:

 (a) to which the LRC is a party; or

 (b) which was given to, or in favour of, the LRC; or

 (c) in which a reference is made to the LRC; or

 (d) under which any right or liability accrues, or may accrue, to the LRC.

9  Pending proceedings

  If, immediately before the commencement time, the LRC was a party to proceedings pending or existing in any court or tribunal, the ALRC is substituted for the LRC in the proceedings at the commencement time, and has the same rights and obligations in the proceedings as the LRC had.

10  Continuation of  references, directions and requirements

 (1) A reference by the Attorney‑General to the LRC under the LRC Act that had not been finally dealt with by the LRC immediately before the commencement time continues to have effect after that time as if it had been made to the ALRC under the ALRC Act.

 (2) A direction by the Attorney‑General to the LRC given under a provision of the LRC Act and in force immediately before the commencement time continues to have effect after that time as if it had been given to the ALRC under the equivalent provision of the ALRC Act.

 (3) If, immediately before the commencement time, the LRC had not complied with a requirement made by a House of the Parliament, or by a Committee of either House or both Houses, under section 9 of the LRC Act, the requirement continues to have effect after that time as if it had been made under section 26 of the ALRC Act.

11  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 in relation to transitional matters arising out of the abolition of the LRC and its replacement by the ALRC, or otherwise arising out of the enactment of this Act, the ALRC Act or the Commonwealth Authorities and Companies Act 1996.

Schedule 1—Amendment of the Australian Law Reform Commission Act 1996

 

1  At the end of subsection 5(2)

Add:

Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission.  That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of executive officers.

2  Paragraph 17(2)(b)

Repeal the paragraph, substitute:

 (b) the member fails, without reasonable excuse, to comply with section 21 of the Commonwealth Authorities and Companies Act 1997 or section 39 of this Act.

3  After subsection 17(3)

Insert:

 (3A) If the Attorney‑General is satisfied that the members who comprise the Board (except the President) have, without reasonable excuse, failed to comply with subsection 13(3) of the Commonwealth Authorities and Companies Act 1997, or with paragraph 16(1)(a) or (b) of that Act, the Attorney‑General may terminate the appointment of some or all of those members.

4  Subsection 17(4)

Omit “(2) and (3)”, substitute “(2), (3) and (3A)”.

5  At the end of section 26

Add:

 (4) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Commission.

6  At the end of section 31

Add:

 (2) This section has effect subject to the Commonwealth Authorities and Companies Act 1997.

7  Section 33

Repeal the section.

8  Subsection 39(1)

Omit “direct or indirect pecuniary”, substitute “material personal”.

9  Subsection 39(4)

Omit “direct or indirect pecuniary”, substitute “material personal”.

10  Subsections 45(3), (4) and (5)

Repeal the subsections.

11  At the end of section 47

Add:

 (2) Subsection (1) does not prevent the investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997.

12  Section 48

Repeal the section.


Schedule 2—Amendment or repeal of other Acts

 

Administrative Appeals Tribunal Act 1975

1  At the end of paragraphs 49(1)(a) and (b)

Add “and”.

2  Paragraph 49(1)(c)

Repeal the paragraph, substitute:

 (c) the President of the Australian Law Reform Commission established by the Australian Law Reform Commission Act 1996; and

Law Reform Commission Act 1973

3  The whole of the Act

Repeal the Act.

 

Overview

The Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 was enacted by the Australian Parliament to facilitate the repeal of the Law Reform Commission Act 1973 and address the transitional and consequential matters arising from the establishment of the Australian Law Reform Commission under the Australian Law Reform Commission Act 1996. The Act ensures a smooth transition from the old commission to the new one by addressing the transfer of staff, assets, and liabilities, as well as the continuation of pending proceedings, references, directions, and requirements. The policy objective of the Act is to ensure a seamless and orderly transition, thereby maintaining the continuity of the law reform functions within the Australian legal system. The Act repeals the Law Reform Commission Act 1973 and amends or repeals provisions in other related Acts to reflect the establishment of the Australian Law Reform Commission.

Scope and Application

The Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 applies to the repeal of the Law Reform Commission Act 1973 and the establishment of the Australian Law Reform Commission Act 1996. This Act facilitates the transition from the old Law Reform Commission to the new Australian Law Reform Commission and addresses various transitional matters. It applies to the President, Deputy President, and other members of the former Law Reform Commission, who become the President, Deputy President, and members of the Australian Law Reform Commission. This Act also governs the transfer of staff, assets, and liabilities from the Law Reform Commission to the Australian Law Reform Commission. The Act applies to the Commonwealth of Australia and has no stated exclusions or exemptions. The Act may be extended or restricted by subordinate instruments, including regulations made under the authority of the Act, which can prescribe matters required or permitted to be prescribed to facilitate the transition and address transitional matters.

Key Provisions

The Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 (Act) is designed to facilitate the repeal of the Law Reform Commission Act 1973 (LRC Act) and to address transitional and consequential matters arising from the establishment of the Australian Law Reform Commission (ALRC) under the Australian Law Reform Commission Act 1996 (ALRC Act). The Act also contains miscellaneous provisions relating to the transition from the LRC to the ALRC. The primary sections of the Act include the transitional provisions (sections 5-11), which detail how the functions, staff, assets, and liabilities of the LRC are to be transferred to the ALRC, as well as how pending proceedings, references, directions, and requirements are to be managed during this transition. The Act imposes several obligations and requirements on the parties involved in the transition. Firstly, the President and Deputy President of the LRC, along with other members, become the President, Deputy President, and members of the ALRC, respectively, under section 5. This transition occurs at the commencement time specified in section 2(1) of the Act. Section 6 mandates that LRC staff members become ALRC staff members, with no less favourable terms and conditions of employment, and with retention of accrued benefits. Section 7 transfers all assets and liabilities of the LRC to the ALRC. Section 8 ensures that any instruments involving the LRC continue to be effective as if they involved the ALRC. Furthermore, section 9 substitutes the ALRC for the LRC in any pending proceedings, preserving the same rights and obligations for the ALRC. Section 10 addresses the continuation of references, directions, and requirements made by the Attorney-General or Houses of Parliament, ensuring they remain effective as if made under the ALRC Act. The Act also delineates the consequences of breaching its provisions. Under section 11, the Governor-General has the authority to make regulations necessary for carrying out or giving effect to the Act, including transitional matters. The Act does not explicitly state penalties for breaches; however, any breach of regulations made under section 11 could potentially lead to legal consequences as outlined in the relevant regulations. Furthermore, the ALRC Act and other related legislation, such as the Commonwealth Authorities and Companies Act 1997, may impose penalties for non-compliance with their provisions. For instance, section 17(2)(b) and (3A) of the ALRC Act allow for the termination of appointments of ALRC members who fail to comply with certain provisions without reasonable excuse. The specific penalties for such breaches would be detailed in the relevant sections of the ALRC Act and other applicable 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.