Commonwealth Functions (Statutes Review) Act 1981
Act No. 74 of 1981 as amended
This compilation was prepared on 18 September 2001
taking into account amendments up to Act No. 16 of 1990
[Note: Some provisions of this Act are not in force, see Note 2]
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
Part II—Australian Capital Territory
Division 1—Agents
3 Repeal
Division 2—Architects
4 Repeal
Division 3—Canberra Commercial Development Authority
5 Interpretation
6 Application of Division
7 Power of Authority to enter into agreement
8 Power of Minister to give directions to Authority
9 Sale by transfer of assets of Authority to company
10 Sale by direct transfer of assets
11 Existing contracts
12 Pending proceedings
13 Consequences of agreement
14 Winding up of Authority
15 Application of Commonwealth Employees (Redeployment and Retirement) Act
16 Registration of changes in title to land
17 Officers’ Rights Declaration Act
Division 4—Canberra Retail Markets Trust
18 Interpretation
19 Application of Division
20 Power of Trust to enter into agreements
21 Power of Minister to give directions to Trust
22 Sale by transfer of assets of Trust to company
23 Sale by direct transfer of assets
24 Existing contracts
25 Pending proceedings
26 Application of Ordinance where Trust continues to operate one Market
27 Consequences of agreement
28 Winding up of Trust
29 Application of Commonwealth Employees (Redeployment and Retirement) Act
30 Registration of changes in title to land
31 Officers’ Rights Declaration Act
Division 5—Canberra Showground Trust
32 Principal Ordinance
33
Division 6—Co‑operative societies
34 Principal Ordinance
35 Interpretation [see Note 2]
36 Repeal of Part III [see Note 2]
37 Amalgamation [see Note 2]
38 Use of word co‑operative [see Note 2]
39 Transfer of engagements [see Note 2]
40 Dealings with members and applicants [see Note 2]
Division 7—Lakes
41 Principal Ordinance
42 Interpretation
43
44 Powers to charge for admission
Division 8—Landlord and Tenant
45 Principal Ordinance
46 Interpretation
47 Repeal
48 Cessation of application of determinations
49 Lessor to furnish information to lessee
50 Application of Division
51 Repeal
52 Repeal
53 Certain payments prohibited
54 Repeal
55 Repeal
56 Heading to Part IIA
57 Rent increases in relation to prescribed premises
58 Repeal
59 Application to limited class of premises
60 Exclusion of premises let for a short‑term from operation of Part
61 Exclusion of certain premises from operation of Part
62 Information to be furnished on request
63 Powers of entry and inspection
64 Proof of instruments
65 Service of notices etc.
Division 9—Life Insurance Holding Companies
66 Repeal of Ordinances
Division 10—Milk Authority
Overview
The Commonwealth Functions (Statutes Review) Act 1981 (C2004A02451) was enacted to implement certain changes in Commonwealth functions, aiming to repeal outdated or redundant ordinances and acts, and to update and streamline existing legislation. The Act was passed by the Commonwealth Parliament and it provides a comprehensive framework for the review and amendment of various statutes. The Act allows for the repeal of certain ordinances and acts of the Australian Capital Territory, the amendment of specific provisions within various acts, and the introduction of new provisions to ensure modern and efficient governance. It addresses the problem of having outdated and inconsistent legislation by consolidating and updating various laws, thereby ensuring that the Commonwealth's legislative framework remains relevant and effective.
Scope and Application
The Commonwealth Functions (Statutes Review) Act 1981 serves to implement certain changes in various Commonwealth functions, with the legislation's scope extending to numerous areas including the Australian Capital Territory, bankruptcy, employment, and procurement. This Act applies to a range of entities such as the Canberra Commercial Development Authority, the Australian Postal Commission, and the Commonwealth Teaching Service, as well as individuals like members of co-operative societies and employees. It also affects industries such as milk processing and distribution, and urban public transport. The Act's jurisdiction is Commonwealth-wide, affecting both federal and state levels. Certain exclusions and thresholds are included within the Act, particularly in relation to bankruptcy proceedings, where a sequestration order will not be made unless the value of the debtor's property is below a specified amount or the debtor has taken reasonable steps to obtain consent from a registered trustee but has been unsuccessful. The Act also provides for the transfer of certain functions and powers to the Administrative Appeals Tribunal in relation to compensation tribunal determinations. Subordinate instruments may further extend or restrict the application of this Act, for example, by granting exemptions from procurement requirements.
Key Provisions
- The Commonwealth Functions (Statutes Review) Act 1981, as amended, is a comprehensive piece of legislation that implements various changes to existing Commonwealth functions. In Part II, Division 3, section 7(1) mandates that the Canberra Commercial Development Authority (Authority) must enter into an agreement with a designated person for the sale of specified rights, property, or assets on terms and conditions specified by the Minister. Section 8(1) allows the Minister to give directions to the Authority for the sale of its rights, property, or assets and for winding up its affairs. If the Authority fails to comply with a Minister’s direction, the Governor-General can remove Authority members from office (section 8(2)). Section 10(2) requires that if the Authority transfers rights, property, or assets to a purchaser, the purchaser must undertake to pay or discharge the Authority’s debts, liabilities, or obligations specified in the agreement. In Division 4, section 20(1) similarly mandates that the Canberra Retail Markets Trust (Trust) must enter into an agreement with a designated person for the sale of specified rights, property, or assets on terms and conditions specified by the Minister. Section 21(1) allows the Minister to give directions to the Trust for the sale of its rights, property, or assets and for winding up its affairs. If the Trust fails to comply with a Minister’s direction, the Minister can remove Trust members from office (section 21(2)).
- The Act imposes several obligations on the Authority and Trust. For example, section 16(3) requires the Authority to register changes in title to land and section 30(3) imposes a penalty of up to $200 for failure to comply with a requirement to produce documents. Similarly, section 26(3) requires the Trust to register changes in title to land and section 31(3) imposes a penalty of up to $200 for failure to comply with a requirement to produce documents. Additionally, the Authority and Trust must comply with any directions given by the Minister for the Capital Territory under sections 8(1) and 21(1), respectively.
- There are various offences, penalties, or civil/criminal consequences for breach under the Act. For example, section 16(3) states that the Authority is guilty of an offence punishable by a fine not exceeding $200 for each day of non-compliance with a requirement to produce documents. Similarly, section 31(3) states that the Trust is guilty of an offence punishable by a fine not exceeding $200 for each day of non-compliance with a requirement to produce documents. Section 49B(1) of Division 10 provides that any person who sells milk at a price greater than the maximum price fixed by the Minister under section 16A is guilty of an offence and liable to a penalty of up to $1,000. Further, section 69(1) of Division 10 provides that the Milk Authority may fix maximum prices for the sale of milk, and any person who sells milk at a price greater than the maximum price is guilty of an offence and liable to a penalty of up to $1,000.
- Area of Law
- Bankruptcy
- Administrative Law
- Instrument
- Act
- Concepts
- Repeal & Amendment
- Delegation
- Civil Penalty Provisions
- Enforcement Powers
- Transitional Provisions