Development and Migration Act 1930

Overview

The Development and Migration Act 1930 was enacted to amend the Development and Migration Act 1926 and address certain administrative changes within the framework of migration and development policies in Australia. This Act was passed by the Parliament of the Commonwealth of Australia, aiming to streamline the administrative structure by repealing certain sections and redefining roles and responsibilities. The overarching objective was to ensure continuity of services and financial obligations while restructuring the institutional framework. It achieved this by abolishing the Development and Migration Commission, redefining the terms of employment for certain officers, and ensuring that existing financial commitments and agreements were honoured.

Scope and Application

The Development and Migration Act 1930 applies to individuals who were members of the Development and Migration Commission established under the Development and Migration Act 1926, specifically those who held office immediately prior to the commencement of this Act. It also applies to the terms and conditions of service for officers appointed under the Principal Act, ensuring that they continue to hold their offices for the remainder of their appointed terms, subject to good behaviour. The Act extends to the books and accounts of the Development and Migration Commission, which are to be kept in custody as directed by the Minister. This Act has a Commonwealth jurisdictional reach and does not specify any exclusions or exemptions; however, it allows for the making of regulations by the Governor-General that are not inconsistent with the Act. The Act also includes provisions for the continuance of certain appropriations and the approval of specific agreements entered into by the Commonwealth with the former members of the Commission.

Key Provisions

The Development and Migration Act 1930 (referred to as the "Act") amends the Development and Migration Act 1926 (referred to as the "Principal Act"). The Act, which is set to commence on a date to be fixed by Proclamation, replaces certain definitions and provisions in the Principal Act while retaining others. Specifically, the Act repeals sections four to eleven and thirteen to nineteen of the Principal Act, while continuing the appointments of certain officers under section fifteen of the Principal Act (section 5). The Act also ensures that the appropriation from section six of the Principal Act remains in force for the payment of remuneration to Commission members for services rendered prior to the Act's commencement (section 6). Additionally, it mandates that the books and accounts of the Development and Migration Commission be kept in the custody as directed by the Minister upon the Act's commencement (section 7). The Act also approves agreements for services entered into by the Commonwealth with former Commission members and allows for the making of regulations to carry out the Act (sections 8 and 9). Under this Act, certain officers appointed under section fifteen of the Principal Act are to continue their employment subject to good behaviour for the remainder of their appointed terms (section 5(1)). These officers are exempt from the Commonwealth Public Service Act 1922–1928 and are employed under the terms and conditions prescribed by the Act. They are not entitled to compensation for any termination of their employment, regardless of the circumstances (section 5(3)). Officers who were previously part of a State Public Service retain their existing and accruing rights (section 5(4)). Moreover, those deemed employees under the Superannuation Act 1922–1924 continue to be so deemed for the duration of their employment under this Act (section 5(5)). The Act also ensures that the appropriation from the Principal Act remains in effect for the payment of Commission members' remuneration for services rendered before the Act's commencement (section 6). The Act establishes specific offences and penalties for breaches, though these are not explicitly detailed within the provided text. However, the general legal context suggests that any non-compliance with the Act's provisions could potentially result in civil or criminal consequences, depending on the nature and severity of the breach. For example, failure to adhere to the approved agreements for services or regulations made under the Act might lead to legal actions. Although the maximum penalties are not specified in the provided excerpt, they would typically be determined by the relevant legislation or judicial interpretations. It is advisable to consult the full Act or seek further legal guidance to understand the specific penalties associated with various breaches.