Australian Tourist Commission (Transitional Provisions) Act 1987

Overview

The Australian Tourist Commission (Transitional Provisions) Act 1987 was enacted to facilitate the transition from the outdated Australian Tourist Commission Act 1967 and the Australian Tourist Commission Act 1974 to the newly enacted Australian Tourist Commission Act 1987. The Act was introduced to ensure a smooth transition of administrative functions and personnel, particularly addressing the continuity of the Managing Director's position and the terms of employment. Enacted by the Queen, in accordance with the authority of the Senate and the House of Representatives of the Commonwealth of Australia, the Act's primary objective is to maintain operational stability and legal continuity within the Australian Tourist Commission as it adopts the new legislative framework. The Australian Tourist Commission (Transitional Provisions) Act 1987 repeals the preceding Acts, thus ensuring that all prior legislation is superseded by the new provisions and the transitional measures outlined in this Act. By doing so, it addresses the gap left by the need to transition to the new Act without causing disruption to the ongoing operations of the Commission. The transitional nature of this Act is critical to the effective implementation of the Australian Tourist Commission Act 1987, ensuring that the Commission's functions and responsibilities are seamlessly transferred to the new legal regime.

Scope and Application

The Australian Tourist Commission (Transitional Provisions) Act 1987 applies to the person who held the office of Managing Director of the Australian Tourist Commission immediately prior to the commencement of the Act, ensuring continuity of leadership as the new Australian Tourist Commission Act 1987 comes into effect. This Act operates within the Commonwealth jurisdiction, facilitating a seamless transition from the previous legislative framework governing the Australian Tourist Commission to the new Act. The Act also includes specific provisions that ensure the existing Managing Director's terms and conditions of employment remain unchanged, while applying certain provisions from the new Act to the Managing Director's role. Additionally, the Act repeals the Australian Tourist Commission Act 1967, the Australian Tourist Commission Act 1974, and the Australian Tourist Commission Amendment Act 1981, effectively consolidating and updating the legal framework for the Commission. There are no specific exclusions, exemptions, or thresholds mentioned in the text, and any further details regarding the application and scope of the Act may be provided through subordinate instruments.

Key Provisions

The Australian Tourist Commission (Transitional Provisions) Act 1987 (section 1) enacts a transitional provision and facilitates certain repeals following the introduction of the Australian Tourist Commission Act 1987. This Act commenced on the day specified under section 2 of the Australian Tourist Commission Act 1987 (section 2). The key provision in section 3 ensures that the person who held the office of Managing Director of the Australian Tourist Commission immediately before the commencement of this Act continues to hold that office as if they were appointed under the new Australian Tourist Commission Act 1987. This continuity of office is subject to the provisions of Division 1 of Part V of the Australian Tourist Commission Act 1987, excluding paragraph 33(1)(b), and the terms and conditions of employment previously determined under subsection 18(5) of the Australian Tourist Commission Act 1967. The Act imposes specific obligations on the existing Managing Director, ensuring they maintain their office and adhere to the relevant provisions of the Australian Tourist Commission Act 1987. Division 1 of Part V applies to the existing Managing Director, subject to the terms outlined in subsection 3 of section 3. Additionally, the terms and conditions of employment that were in place immediately before the commencement of this Act continue to govern the Managing Director's employment, as per subsection 3 of section 3. Section 4 of the Act provides for the repeal of three preceding Acts: the Australian Tourist Commission Act 1967, the Australian Tourist Commission Act 1974, and the Australian Tourist Commission Amendment Act 1981. These repeals are effective upon the operation of this Act, streamlining the legislative framework governing the Australian Tourist Commission. Under this Act, there are no explicit provisions detailing offences, penalties, or consequences for breach. The focus of the Act is primarily on the transitional arrangements and the repeal of existing legislation, without introducing new penalties or enforcement mechanisms. The existing Managing Director's continued tenure is contingent on compliance with the specified terms and conditions, and any breach of those terms could potentially lead to consequences under the Australian Tourist Commission Act 1987, though such details are not provided within this Act.