Public Works Committee Regulations (Amendment) 1993 No. 57
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 57
Issued by the Authority of the Minister for Arts and Administrative Services
Public Works Committee Act 1969
Public Works Committee Regulations (Amendment)
Section 40 of the Public Works Committee Act 1969 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act. The attached statutory rules amend the Public Works Committee Regulations (the Regulations) made pursuant to the Act.
Subsection 6A(1) provides that the Act applies to all authorities of the Commonwealth (which include companies controlled by the Commonwealth) other than certain bodies specified in subsection 6A(2) or which are declared in the Regulations pursuant to subsection 6A(3). Qantas and Australian Airlines are currently declared pursuant to subsection 6A(3) but Part 1 of the Schedule to the Qantas Sale Act 1992 will amend subsection 6A(2) to specifically provide in the Act itself that neither is an authority to which the Act applies. It is intended that this amendment take effect from the date of sale of 25% of shares in Qantas, which occurred on 10 March 1993.
The references to Qantas and Australian Airlines in the Regulations will therefore no longer have effect and will accordingly be omitted at the same time as the amendment to the principal Act.
To this end, these Regulations amend the Regulations to remove Australian Airlines (Item 8) and Qantas (Item 20) from Schedule 3.
The commencement of the Regulation is tied to Part 2 of the Schedule to the Qantas Sale Act 1992 which will commence at the same time as Part 1 of the Schedule.
Overview
The Public Works Committee Regulations (Amendment) 1993 No. 57, issued under the authority of the Minister for Arts and Administrative Services, amends the Public Works Committee Regulations made pursuant to the Public Works Committee Act 1969. This legislation aims to address the exclusion of Qantas and Australian Airlines from the scope of the Act following their partial privatisation. By removing these entities from the Regulations, the amendments ensure consistency between the Act and the Qantas Sale Act 1992, which specifies that neither Qantas nor Australian Airlines is an authority to which the Public Works Committee Act applies. This legislative change was enacted to reflect the altered ownership structure of these entities, aligning the regulatory framework with the current operational realities of the entities in question.
Scope and Application
The Public Works Committee Regulations (Amendment) 1993 No. 57 amends the Public Works Committee Regulations made under the Public Works Committee Act 1969. The Act applies to all authorities of the Commonwealth, including companies controlled by the Commonwealth, except for certain bodies specified in subsection 6A(2) or declared in the Regulations under subsection 6A(3). Currently, Qantas and Australian Airlines are declared under subsection 6A(3), but this will change upon the sale of 25% of shares in Qantas, effective from 10 March 1993, as per the Qantas Sale Act 1992. Consequently, the Regulations will be amended to remove references to Qantas and Australian Airlines from Schedule 3, aligning with the changes to the principal Act. The commencement of these Regulations is linked to Part 2 of the Schedule to the Qantas Sale Act 1992, which will take effect simultaneously with Part 1 of the Schedule.
Key Provisions
The Public Works Committee Regulations (Amendment) 1993 No. 57 (the Amendment) amends the Public Works Committee Regulations (the Regulations) under the Public Works Committee Act 1969 (the Act). Section 40 of the Act empowers the Governor-General to make regulations for the purposes of the Act, and the Amendment serves to update the Regulations by removing references to Australian Airlines (Item 8) and Qantas (Item 20) from Schedule 3. This amendment is necessary following the sale of 25% of shares in Qantas on 10 March 1993, which resulted in changes to the applicability of the Act to these entities.
The Regulations, as amended, impose specific obligations on authorities of the Commonwealth and other entities governed by the Act. These obligations primarily include ensuring compliance with the Act and any relevant regulations. The Act applies to all authorities of the Commonwealth, excluding certain bodies specified in subsection 6A(2) or declared in the Regulations under subsection 6A(3). The amendment to the Regulations ensures that the references to Australian Airlines and Qantas, which were previously declared under subsection 6A(3), are removed, thereby aligning the Regulations with the new status of these entities under the Qantas Sale Act 1992.
Failure to comply with the provisions of the Act and the Regulations can result in various consequences. The Act does not explicitly state offences, penalties, or civil/criminal consequences within the Amendment. However, it is implied that non-compliance with the Act or the Regulations could lead to enforcement actions, which might include fines, sanctions, or other legal remedies. The exact penalties would be determined based on the specific breach and the applicable laws at the time of the offence. The commencement of the Amendment is tied to the effective date of the Qantas Sale Act 1992, ensuring that the changes take effect concurrently with the sale of shares in Qantas.