Public Works Committee Regulations (Amendment)

Overview

The Public Works Committee Regulations (Amendment) 1994 No. 175, issued under the authority of the Minister for Administrative Services, amends the Public Works Committee Regulations made pursuant to the Public Works Committee Act 1969. The primary aim of these regulations is to address the redundancy of provisions related to the Commonwealth Serum Laboratories Commission (CSL) in the context of its sale, as stipulated in the CSL Sale Act 1993. By removing the CSL from the scope of the Public Works Committee Act, these amendments ensure that the Act does not apply to CSL Limited once it ceases to be an authority of the Commonwealth. The regulation's commencement is contingent upon the declaration of the "sale day" under the CSL Sale Act 1993, ensuring that the changes take effect precisely when CSL Limited is no longer under Commonwealth control.

Scope and Application

The Public Works Committee Regulations (Amendment) 1994 No. 175 pertains to the amendment of the Public Works Committee Regulations, which were established under the Public Works Committee Act 1969. The Act applies to all authorities of the Commonwealth, encompassing companies controlled by the Commonwealth, except for certain specified bodies such as the Commonwealth Serum Laboratories Commission, which is declared pursuant to the Act and therefore exempt from its application. This amendment to the regulations is intended to reflect the fact that following the sale of CSL Limited, which was formerly known as the Commonwealth Serum Laboratories Commission, it will no longer be an authority of the Commonwealth, thus the Act will not apply to it regardless of any regulations. The amendment removes the Commonwealth Serum Laboratories Commission from the Principal Regulations, ensuring the regulations are aligned with the changes brought about by the sale of CSL Limited. The commencement of these regulations is contingent upon the declaration of the sale day under section 4 of the CSL Sale Act 1993, allowing for retrospective operation as provided by the CSL Sale Act 1993 and the Acts Interpretation Act 1901.

Key Provisions

The main operative sections of these regulations are sections 4 and 6A of the Public Works Committee Act 1969, as amended by the Public Works Committee Regulations (Amendment) 1994 No. 175 (the Regulations). Section 4 of the Public Works Committee Act 1969 allows the Governor-General to make regulations for the purposes of the Act, while section 6A specifies the authorities to which the Act applies. The Regulations amend the Public Works Committee Regulations to remove the Commonwealth Serum Laboratories Commission from the list of authorities to which the Act applies (section 40). The obligations imposed by these regulations on the relevant parties are primarily to ensure the Act and its regulations are not applied to authorities that have ceased to be part of the Commonwealth, specifically in this case, the Commonwealth Serum Laboratories Commission. The regulations also require that any references to the Commonwealth Serum Laboratories Commission in the Principal Regulations be removed, thus preventing any confusion or misapplication of the Act to this entity post-sale. Any breach of these regulations could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. However, the specific offences, penalties, or consequences are not detailed in the provided explanatory statement. Typically, breaches of regulations under the Public Works Committee Act 1969 could result in penalties such as fines or other sanctions as prescribed by the Act or relevant legislation. The maximum penalties would depend on the specific breach and the applicable laws at the time of the offence. The explanatory statement does not provide explicit details on these potential penalties, but it is clear that compliance is necessary to avoid legal repercussions.