National Capital Development Commission Act 1975

Legislation au C2004A00288 Not in force Act

Legislation content

NATIONAL CAPITAL DEVELOPMENT

COMMISSION ACT 1975

No. 66 of 1975

 

An Act to amend the National Capital Development Commission Act 1957-1973.

 

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

Short title and citation.

1. (1) This Act may be cited as the National Capital Development Commission Act 1975.

(2) The National Capital Development Commission Act 1957-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the National Capital Development Commission Act 1957-1975.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. Section 6 of the Principal Act is repealed and the following section substituted:—

Remuneration and allowances.

“6. (1) The Commissioner and each Associate Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) The Commissioner and each Associate Commissioner shall be paid such allowances as are prescribed, but, until regulations for the purposes of this sub-section are in force, they shall be paid allowances at the rates that were applicable immediately before the commencement of this section.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973-1974.”.

Termination of appointment.

4. (1) Section 8 of the Principal Act is amended by adding at the end of paragraph (a) of sub-section (2) the words “without the approval of the Minister”.

(2) Nothing in sub-section 8(2) of the Principal Act shall be taken to have prevented a person holding the office of Commissioner from being appointed to hold, at the same time, the office of Chairman under the Darwin Reconstruction Act 1975 and—

(a) for the purposes of sub-sections 4(3a) and (4) of the Superannuation Act 1922-1974, such a person so appointed shall not, by reason only of the appointment and of the operation of this subsection, be deemed not to have been required, by the terms of his appointment to the office of Commissioner, to give the whole of his time to the duties of that office; and

(b) the person holding the office of Commissioner and that office of Chairman immediately before the commencement of this sub-section may, after the commencement of this sub-section, continue to hold those offices.

Functions of Commission.

5. Section 11 of the Principal Act is amended by omitting from sub-section (3a) the words “under the last preceding sub-section” and substituting the words “under sub-section (3)”.

Placing of land under control of Commission.

6. Section 14 of the Principal Act is amended by omitting from sub-section (4) the words “of this section”.


7. Sections 22 and 23 of the Principal Act are repealed and the following sections substituted: —

Proper accounts to be kept.

“22. The Commission shall cause to be kept proper accounts and records of the transactions and affairs of the Commission and shall do all things necessary to ensure that all payments out of the moneys of the Commission are correctly made and properly authorized and that adequate control is maintained over the assets of, or in the custody of, the Commission and over the incurring of liabilities by the Commission.

Audit.

“23. (1) The Auditor-General shall inspect and audit the accounts and records of financial transactions of the Commission and the records relating to assets of, or in the custody of, the Commission, and shall forthwith draw the attention of the Minister to any irregularity disclosed by the inspection and audit that, in the opinion of the Auditor-General, is of sufficient importance to justify his so doing.

“(2) The Auditor-General may, at his discretion, dispense with all or any part of the detailed inspection and audit of any accounts or records referred to in sub-section (1).

“(3) The Auditor-General shall, at least once in each financial year, report to the Minister the results of the inspection and audit carried out under sub-section (1).

“(4) The Auditor-General or a person authorized by him is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Commission relating directly or indirectly to the receipt or payment of moneys by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission.

“(5) The Auditor-General or a person authorized by him may make copies of, or take extracts from, any such accounts, records, documents or papers.

“(6) The Auditor-General or a person authorized by him may require a person to furnish him with such information in the possession of the person or to which the person has access as the Auditor-General or authorized person considers necessary for the purposes of the functions of the Auditor-General under this Act, and the person shall comply with the requirements.

“(7) A person who contravenes sub-section (6) is guilty of an offence punishable, upon conviction, by a fine not exceeding $200.”.

Reports.

8. Section 24 of the Principal Act is amended by omitting from sub-section (4) paragraphs (b) and (c) and substituting the following paragraphs:—

“(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 year have been in accordance with this Act; and”.

9. After section 26 of the Principal Act the following sections are inserted:—

Rights of Commissioner and Associate Commissioners engaged in other employment.

“26a. If the Commissioner or an Associate Commissioner engages in employment outside the duties of his office with the approval of the Minister—

(a) for the purposes of sub-section 8(2), he shall, during any period during which he is absent from duty as Commissioner or as Associate Commissioner, as the case may be, for the purposes of that employment, be deemed to be on leave of absence granted under section 7; and

(b) for the purposes of sub-sections 4(3a) and (4) of the Superannuation Act 1922-1974, he shall not, by reason only of his so engaging in that employment and of the operation of this subsection, be deemed not to be required, by the terms of his appointment to the office of Commissioner or of Associate Commissioner, as the case may be, to give the whole of his time to the duties of that office.


Assistance to other authorities.

“26b. Arrangements may be made, with the approval of the Minister, between the Commission and any other body corporate that is incorporated for a public purpose by a law of Australia or of an internal Territory for the services of a person holding the office of Associate Commissioner to be made available to that other body corporate.”.

Overview

The National Capital Development Commission Act 1975 was enacted to amend the National Capital Development Commission Act 1957-1973, addressing various administrative and procedural gaps in the governance and management of the Commission. This legislation was enacted by the Queen, the Senate, and the House of Representatives of Australia. One of the primary policy objectives is to ensure proper financial management and accountability by requiring the Commission to maintain proper accounts and records and by mandating audits by the Auditor-General. Furthermore, the Act updates the remuneration and allowances for the Commissioner and Associate Commissioners, aligns functions and duties with current requirements, and allows for the Commissioner or Associate Commissioners to engage in other employment with ministerial approval while maintaining their commitment to the Commission.

Scope and Application

The National Capital Development Commission Act 1975 amends the National Capital Development Commission Act 1957-1973, establishing provisions for the remuneration and allowances of the Commissioner and Associate Commissioners, with their pay determined by the Remuneration Tribunal and allowances prescribed until specific regulations are in force. The Act also addresses the termination of appointments without ministerial approval and modifies the functions of the Commission, including the placing of land under the Commission's control. It mandates that the Commission maintain proper accounts and records of its transactions and affairs, ensuring all payments are correctly made and authorized, and that adequate control is exercised over its assets and liabilities. The Auditor-General is tasked with inspecting and auditing the Commission's accounts and records, reporting any irregularities to the Minister and providing annual reports on the results of these inspections and audits. Furthermore, the Act allows the Auditor-General or their authorised person to access all relevant accounts, records, documents, and papers, and to require information necessary for their functions, with penalties for non-compliance. The Act applies to the Commission and its officers within the Commonwealth of Australia.

Key Provisions

The National Capital Development Commission Act 1975 (sections 1-9) amends the National Capital Development Commission Act 1957-1973, introducing changes to remuneration, allowances, and the termination of appointments for the Commission's members. The Act also revises the functions of the Commission and the procedures for placing land under its control. Furthermore, it mandates the keeping of proper accounts and records by the Commission, and it outlines the auditing responsibilities of the Auditor-General. The Act also revises the content of the annual reports and introduces provisions for the Commissioner and Associate Commissioners engaging in other employment and for the provision of services to other authorities. The Act imposes specific obligations on the National Capital Development Commission, including the requirement to maintain accurate accounts and records of its financial transactions and assets (section 22). It also mandates that the Commission ensure all payments are correctly authorized and that adequate control is maintained over its assets and liabilities. Additionally, the Commission must report annually on its activities, ensuring that the financial statements agree with the accounts and records and that all financial transactions comply with the Act (section 24). The Act also requires the Commissioner and Associate Commissioners to obtain the Minister's approval before engaging in any employment outside their official duties (section 26a). If such approval is granted, they are deemed to be on leave of absence during the period of that employment, without prejudice to their superannuation entitlements. Breaches of the Act can lead to various consequences. For instance, anyone who fails to comply with the Auditor-General's requests for information under section 23(6) is guilty of an offence and can be fined up to $200 (section 23(7)). Additionally, any irregularity identified by the Auditor-General that is deemed significant enough to warrant attention must be reported to the Minister (section 23(1)). Failure to adhere to the financial management and reporting requirements can result in penalties and legal repercussions, potentially impacting the financial stability and operational integrity of the Commission.

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Area of Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Enforcement Powers
Administrative Discretion

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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.