Parliament House Construction Authority Repeal Act 1992

Overview

The Parliament House Construction Authority Repeal Act 1992 was enacted to address the redundancy of the Parliament House Construction Authority Act 1979, which had fulfilled its purpose upon the completion of the Parliament House in Canberra. The Parliament of Australia enacted this Act to repeal the older legislation and to clarify the legal successor to the responsibilities of the defunct Authority. The Act formally removes the Parliament House Construction Authority Act 1979 from the statute books and designates the Commonwealth as the legal successor in law to the Authority, ensuring continuity and clarity in the administration of related matters. This repeal streamlines the legislative framework and eliminates outdated provisions, reflecting the completion of its original objectives.

Scope and Application

The Parliament House Construction Authority Repeal Act 1992 serves to formally repeal the Parliament House Construction Authority Act 1979, which previously established the Parliament House Construction Authority responsible for the construction of the Parliament House in Canberra. This Act applies to the Parliament House Construction Authority and its functions as outlined in the repealed Principal Act. It ensures that the Commonwealth of Australia is recognised as the successor in law of the Authority, encompassing all obligations and rights previously held by the Authority. The Act is a legislative measure at the national level, applying across the Commonwealth of Australia. There are no stated exclusions or exemptions within the Act itself, though it is possible that subsidiary legislation or regulations could provide further clarification or extend the application of the repealed provisions in certain respects. The Act effectively marks the transition of responsibilities and legal standing from the Authority to the Commonwealth, thus bringing an end to the Authority's specific mandate as established by the Principal Act.

Key Provisions

The Parliament House Construction Authority Repeal Act 1992 (sections 1-5) establishes the framework for the repeal of the Parliament House Construction Authority Act 1979, and provides for related purposes. The principal sections of this Act are straightforward and include the citation of the Act (section 1), its commencement (section 2), interpretation of terms (section 3), the repeal of the Principal Act (section 4), and the designation of the Commonwealth as the successor in law to the Authority (section 5). This Act aims to dissolve the Parliament House Construction Authority established by the Principal Act and to ensure that the Commonwealth assumes all legal obligations and entitlements previously held by the Authority. The Act imposes certain obligations and requirements on the entities it governs. The most significant obligation is the repeal of the Parliament House Construction Authority Act 1979, which means that the Authority is no longer in existence as a legal entity. Instead, all responsibilities, duties, and legal standing of the Authority are transferred to the Commonwealth. This transfer ensures continuity in the management and oversight of the Parliament House, which was originally the purview of the Authority. The Commonwealth, as the successor in law, must now assume these duties, including any existing contracts, liabilities, and assets that were under the Authority's purview. Breach of the provisions of the repealed Principal Act would not result in any new offences or penalties under this repealing Act, as the Principal Act itself has been repealed. However, any ongoing legal matters or disputes that were extant under the Principal Act would be governed by this Act, transferring any pending cases or obligations to the Commonwealth. The Act does not create new criminal or civil offences; instead, it focuses on clarifying the legal succession of the Authority's responsibilities. Any actions that were permissible or required under the Principal Act would now need to be undertaken by the Commonwealth, in accordance with the new legal framework established by this repealing Act.