Cities Commission (Repeal) Act 1975

Legislation au C2004A01430 Not in force Act

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CITIES COMMISSION (REPEAL) ACT 1975

No. 120 of 1975

An Act to repeal the Cities Commission Act 1972-1973, and for related purposes.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1. This Act may be cited as the Cities Commission (Repeal) Act 1975.

Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation.

Repeal.

3. The National Urban and Regional Development Authority Act 1972 and the Cities Commission Act 1973 are repealed.

Definitions.

4. In this Act, unless the contrary intention appears—

“authorized officer” means the Secretary to the Department of Urban and Regional Development or an officer authorized by him;

“commencing day” means the date on which this Act comes into operation;

“Commission” means the Cities Commission constituted under the Cities Commission Act 1972-1973.

Transfer of assets, liabilities, &c.

5. Upon the commencing day—

(a) all the rights, property and other assets that immediately before that day were vested in the Commission are, by force of this section, vested in Australia; and

(b) Australia becomes, by force of this section, liable to pay and discharge all the debts, liabilities and obligations of the Commission that existed immediately before that day.

Officers’ Rights Declaration Act.

6. Where, at the expiration of the day before the commencing day, the Officers’ Rights Declaration Act 1928-1975 applied in relation to a person who was at that time an officer or employee of the Commission, that Act continues, by force of this section, to apply in relation to that person as if the Acts referred to in section 3 had not been repealed but that person had resigned on that day from his service or employment under the Commission.

Appropriation.

7. Where, by an Act, moneys have been appropriated before the commencing day for expenditure under the Cities Commission Act 1972-1973 in respect of the year ending on 30 June 1976, so much of those moneys as have not been expended before that day are appropri­ated for expenditure in that year by the Department of Urban and Regional Development in the discharge of the liability imposed upon Australia by paragraph 5(b) and in the discharge of costs, expenses and other obligations incurred in the performance by that Department of functions that could have been performed by the Commission if this Act had not been enacted, but moneys so appropriated by the first mentioned Act for a particular purpose shall not be expended otherwise than for that purpose.

Agreements and instruments.

8. Any agreement or instrument subsisting immediately before the commencing day to which the Commission was a party has effect on and after that day as if—

(a) Australia were substituted for the Commission as a party to the agreement or instrument; and

(b) any reference in the agreement or instrument to the Commission were (except in relation to matters that occurred before that day) a reference to Australia.


Exemption from taxation.

9. An instrument or document that an authorized officer certifies to have been made, executed or given by reason of, or for a purpose connected with or arising out of, the operation of this Act is not liable to stamp duty or other tax under a law of Australia or of a State or Territory.

Pending proceedings.

10. Where, immediately before the commencing day, proceedings to which the Commission was a party were pending in any court, Australia is, by force of this section, substituted for the Commission as a party to the proceedings.

Financial report on operations of Commission.

11. (1) The Minister shall, as soon as practicable after the commencing day, prepare a report of the operations of the Commission during the period that commenced on 1 July 1975 and ended immediately before the commencing day (in this section referred to as “the relevant period”), together with financial statements in respect of that period in such form as the Treasurer approves.

(2) The Minister shall submit the financial statements prepared in accordance with sub-section (1) to the Auditor-General, who shall report to the Minister—

(a) whether the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records;

(c) whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Commission during the relevant period have been in accordance with the Cities Commission Act 1972-1973; and

(d) as to such matters arising out of the statements as the Auditor- General considers should be reported to the Minister.

(3) The Minister shall cause the report and financial statements prepared in accordance with sub-section (1), together with the report of the Auditor-General, to be laid before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report from the Auditor-General.

 

Overview

The Cities Commission (Repeal) Act 1975 was enacted by the Commonwealth Parliament to repeal the National Urban and Regional Development Authority Act 1972 and the Cities Commission Act 1973, thereby abolishing the Cities Commission established under the latter. This legislative change aimed to address the need for streamlined urban and regional development governance, potentially to enhance efficiency and better align with broader governmental objectives. The Act ensures a smooth transition by vesting all assets and liabilities of the Commission in Australia upon its repeal, while also continuing the application of the Officers' Rights Declaration Act 1928-1975 to former Commission officers and employees. Furthermore, the Act provides for the appropriation of unexpended funds, the substitution of Australia for the Commission in existing agreements and pending legal proceedings, and mandates the Minister to prepare and submit a financial report on the Commission’s operations during the relevant period to the Parliament.

Scope and Application

The Cities Commission (Repeal) Act 1975 repeals the Cities Commission Act 1972-1973 and the National Urban and Regional Development Authority Act 1972, effectively abolishing the Cities Commission as a legal entity and transferring its rights, property, and obligations to Australia. The Act applies to all assets, liabilities, agreements, and instruments that were vested in the Commission as of the day before the Act's commencement. It designates Australia as the successor entity responsible for these matters, ensuring continuity in legal standing and obligations. The Act also addresses the status of officers and employees of the Commission by extending the application of the Officers’ Rights Declaration Act 1928-1975 to them, as if they had resigned from their positions on the day before the Act's commencement. Additionally, the Act mandates the Minister to prepare and present a financial report and statements of the Commission's operations to Parliament, subject to an audit by the Auditor-General. This comprehensive approach ensures a smooth transition and legal continuity in the aftermath of the Commission's repeal.

Key Provisions

The Cities Commission (Repeal) Act 1975 (C2004A01430) is a legislative instrument that repeals the Cities Commission Act 1972-1973 and the National Urban and Regional Development Authority Act 1972, and establishes the legal framework for the transfer of assets, liabilities, and other obligations from the Cities Commission to Australia. The Act includes provisions for the transfer of rights, property, and other assets (section 5(a)), as well as the assumption of debts, liabilities, and obligations (section 5(b)), from the Cities Commission to Australia on the effective date of the repeal. It also includes provisions for the continued application of the Officers’ Rights Declaration Act 1928-1975 to former officers and employees of the Cities Commission (section 6), the appropriation of unexpended funds (section 7), the continuation of agreements and instruments (section 8), and the exemption from taxation of certain documents (section 9). The Cities Commission (Repeal) Act 1975 imposes certain obligations and requirements on the parties and entities it governs. The Minister for Urban and Regional Development is required to prepare a report on the operations of the Cities Commission during a specified period, together with financial statements, and to submit these to the Auditor-General for review and reporting (section 11(1)-(3)). The Auditor-General must then report to the Minister on whether the financial statements are based on proper accounts and records, whether they are in agreement with the accounts and records, and whether the receipt and expenditure of moneys, and the acquisition and disposal of assets, by the Cities Commission during the relevant period have been in accordance with the Cities Commission Act 1972-1973 (section 11(2)(a)-(c)). The Minister must then lay the report and financial statements, together with the Auditor-General’s report, before each House of the Parliament within 15 sitting days of that House after receipt by the Minister of the report from the Auditor-General (section 11(3)). Additionally, the Act requires Australia to assume all the rights, property, and other assets that were vested in the Cities Commission immediately before the repeal, and to become liable to pay and discharge all the debts, liabilities, and obligations of the Cities Commission that existed immediately before the repeal (section 5). The Cities Commission (Repeal) Act 1975 includes provisions for offences, penalties, or civil/criminal consequences for breach. However, the Act does not specify any particular offences, penalties, or consequences for breach. Instead, it relies on other legislation, such as the Crimes Act 1900 (Cth), to provide for the prosecution and punishment of offences against the Act. Under the Crimes Act 1900 (Cth), any person who is found guilty of an offence against the Cities Commission (Repeal) Act 1975 may be subject to fines, imprisonment, or both, depending on the nature and severity of the offence. The maximum penalties for offences against the Act are not specified in the Act itself, but may be determined by the courts or other relevant authorities in accordance with the applicable laws and regulations.

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Commencement Provisions
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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.