Commonwealth: Audit (Transitional and Miscellaneous) Amendment Act 1997 (Cth)

An Act to deal with transitional and consequential matters arising from the repeal of the Audit Act 1901 and the enactment of the Auditor‑General Act 1997, the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997, and for related purposes [Assented to 24 October 1997] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Audit (Transitional and Miscellaneous) Amendment Act 1997.

Commonwealth: Audit (Transitional and Miscellaneous) Amendment Act 1997 (Cth) Image
Audit (Transitional and Miscellaneous) Amendment Act 1997 Act No. 152 of 1997 as amended This compilation was prepared on 22 March 2007 [This Act was amended by Act No. 63 of 2002; No. 100 of 2005; No. 9 of 2006; No. 8 of 2007] Amendment from Act No. 63 of 2002 [Schedule 2 (item 1) repealed items 1306 to 1310 of Schedule 2 Schedule 2 (item 1) commenced immediately after 1 January 1998] Amendments from Act No. 100 of 2005 [Schedule 2 (item 4) repealed item 394 of Schedule 2 Schedule 2 (items 5 and 6) amended heading to item 398 of Schedule 2 Schedule 2 (items 4–6) commenced immediately after 1 January 1998] Amendments from Act No. 9 of 2006 [Schedule 2 (item 3) amended heading to item 1118 of Schedule 2 Schedule 2 (item 4) amended heading to item 1120 of Schedule 2 Schedule 2 (item 5) repealed and substituted item 1134 of Schedule 2 Schedule 2 (item 6) amended heading to item 1135 of Schedule 2 Schedule 2 (items 3–6) commenced immediately after 1 January 1998] Amendment from Act No. 8 of 2007 [Schedule 2 (item 1) amended item 82 of Schedule 2 Schedule 2 (item 1) commenced immediately after 1 January 1998] Prepared by the Office of Legislative Drafting and Publishing, Attorney‑General's Department, Canberra Contents 1 Short title 2 Commencement 3 Schedule(s) 4 Some amendments in Schedule 2 may not take effect or may take effect in a modified way Schedule 1—Repeal of the Audit Act 1901 Audit Act 1901 Schedule 2—Consequential amendments of Acts Aboriginal and Torres Strait Islander Commission Act 1989 Aboriginal Councils and Associations Act 1976 Aboriginal Land Grant (Jervis Bay Territory) Act 1986 Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 Aboriginal Land Rights (Northern Territory) Act 1976 Acts Interpretation Act 1901 Acts Interpretation Amendment Act 1976 Administrative Appeals Tribunal Act 1975 Administrative Decisions (Judicial Review) Act 1977 Agricultural and Veterinary Chemicals (Administration) Act 1992 Aircraft Noise Levy Collection Act 1995 Air Services Act 1995 Albury‑Wodonga Development Act 1973 Anglo‑Australian Telescope Agreement Act 1970 Australia Council Act 1975 Australia‑Japan Foundation Act 1976 Australia New Zealand Food Authority Act 1991 Australian Broadcasting Corporation Act 1983 Australian Centre for International Agricultural Research Act 1982 Australian Film Commission Act 1975 Australian Film, Television and Radio School Act 1973 Australian Heritage Commission Act 1975 Australian Horticultural Corporation Act 1987 Australian Industry Development Corporation Act 1970 Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 Australian Institute of Health and Welfare Act 1987 Australian Institute of Marine Science Act 1972 Australian Land Transport Development Act 1988 Australian Maritime Safety Authority Act 1990 Australian National Maritime Museum Act 1990 Australian National Railways Commission Act 1983 Australian National Training Authority Act 1992 Australian National University Act 1991 Australian Nuclear Science and Technology Organisation Act 1987 Australian Postal Corporation Act 1989 Australian Securities Commission Act 1989 Australian Sports Commission Act 1989 Australian Sports Drug Agency Act 1990 Australian Tourist Commission Act 1987 Australian Trade Commission Act 1985 Australian War Memorial Act 1980 Australian Wine and Brandy Corporation Act 1980 Australian Wool Research and Promotion Organisation Act 1993 Bankruptcy Act 1966 Broadcasting Services Act 1992 Child Support (Registration and Collection) Act 1988 Civil Aviation Act 1988 Coal Industry Act 1946 Coal Mining Industry (Long Service Leave Funding) Act 1992 Commonwealth Inscribed Stock Act 1911 Commonwealth Places (Application of Laws) Act 1970 Crimes Act 1914 Criminology Research Act 1971 Customs Act 1901 Dairy Produce Act 1986 Defence Housing Authority Act 1987 Defence Service Homes Act 1918 Dried Sultana Production Underwriting Act 1982 Dried Vine Fruits Equalization Act 1978 Dried Vine Fruits Stabilization Legislation Repeal Act 1981 Employment Services Act 1994 Endangered Species Protection Act 1992 Excise Act 1901 Export Finance and Insurance Corporation Act 1991 Family Law Act 1975 Federal Airports Corporation Act 1986 Federal Court of Australia Act 1976 Financial Agreement Act 1994 Fisheries Administration Act 1991 Forestry and Timber Bureau Act 1930 Great Barrier Reef Marine Park Act 1975 Health Insurance Commission Act 1973 Hearing Services Act 1991 Higher Education Funding Act 1988 Horticultural Research and Development Corporation Act 1987 Housing Loans Insurance Act 1965 Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996 Income Tax Assessment Act 1936 Interstate Road Transport Act 1985 Lands Acquisition Act 1989 Loan Consolidation and Investment Reserve Act 1955 Loan (Income Equalization Deposits) Act 1976 Loan (Temporary Revenue Deficits) Act 1953 Maritime College Act 1978 Meat and Live‑stock Industry Act 1995 Military Superannuation and Benefits Act 1991 National Cattle Disease Eradication Trust Account Act 1991 National Environment Protection Council Act 1994 National Gallery Act 1975 National Health Act 1953 National Health and Medical Research Council Act 1992 National Library Act 1960 National Measurement Act 1960 National Museum of Australia Act 1980 National Occupational Health and Safety Commission Act 1985 National Parks and Wildlife Conservation Act 1975 National Residue Survey Administration Act 1992 National Road Transport Commission Act 1991 Native Title Act 1993 Natural Heritage Trust of Australia Act 1997 Natural Resources Management (Financial Assistance) Act 1992 Norfolk Island Act 1979 Occupational Health and Safety (Commonwealth Employment) Act 1991 Pig Industry Act 1986 Prawn Export Promotion Act 1995 Primary Industries and Energy Research and Development Act 1989 Primary Industries Levies and Charges Collection Act 1991 Proceeds of Crime Act 1987 Public Accounts Committee Act 1951 Public Service Act 1922 Qantas Sale Act 1992 Remuneration and Allowances Act 1990 Reserve Bank Act 1959 Royal Australian Air Force Veterans' Residences Act 1953 Safety, Rehabilitation and Compensation Act 1988 Science and Industry Research Act 1949 Sea Installations Act 1987 Services Trust Funds Act 1947 Snowy Mountains Hydro-electric Power Act 1949 Special Broadcasting Service Act 1991 States Grants (Primary and Secondary Education Assistance) Act 1992 States Grants (Schools Assistance) Act 1984 States Grants (Schools Assistance) Act 1988 States Grants (TAFE Assistance) Act 1989 Stevedoring Industry Finance Committee Act 1977 Student and Youth Assistance Act 1973 Superannuation Act 1976 Superannuation Act 1990 Superannuation Industry (Supervision) Act 1993 Surplus Revenue Act 1908 Taxation (Interest on Overpayments and Early Payments) Act 1983 Telstra Corporation Act 1991 Therapeutic Goods Act 1989 Tobacco Marketing Act 1965 Trade Practices Act 1974 University of Canberra Act 1989 Vocational Education and Training Funding Act 1992 Wheat Marketing Act 1989 Wool International Act 1993 Schedule 3—Amendment of Acts to update references and make other changes Air Services Act 1995 Australian Law Reform Commission Act 1996 Australian Maritime Safety Authority Act 1990 Civil Aviation Legislation Amendment Act 1995 Commonwealth Funds Management Limited Act 1990 Ozone Protection Amendment Act 1995 Small Superannuation Accounts Act 1995 Transport Legislation Amendment Act 1995 Schedule 4—Transitional matters and regulations An Act to deal with transitional and consequential matters arising from the repeal of the Audit Act 1901 and the enactment of the Auditor‑General Act 1997, the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997, and for related purposes [Assented to 24 October 1997] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Audit (Transitional and Miscellaneous) Amendment Act 1997. 2 Commencement (1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent. (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997. (3) Schedule 3 commences as follows: (a) the amendments of the Air Services Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent; (b) the amendment of the Australian Law Reform Commission Act 1996 commences immediately after the commencement of Schedule 1 of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996; (c) the amendments of the Australian Maritime Safety Authority Act 1990 commence on the day on which this Act receives the Royal Assent; (d) the amendments of the Civil Aviation Legislation Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent; (e) the amendment of the Commonwealth Funds Management Limited Act 1990 commences, or is taken to have commenced, on the sale day as defined in subsection 3(1) of the CFM Sale Act 1996; (f) the amendments of the Ozone Protection Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent; (g) the amendments of the Small Superannuation Accounts Act 1995 commence on the same day as the Financial Management and Accountability Act 1997; (h) the amendments of the Transport Legislation Amendment Act 1995 are taken to have commenced on the day on which that Act received the Royal Assent. 3 Schedule(s) Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Some amendments in Schedule 2 may not take effect or may take effect in a modified way (1) If, on or before the commencement of Schedule 2, Part 6 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996 commences or has commenced, the following amendments set out in Schedule 2 to this Act do not take effect: (a) the amendments of the Housing Loans Insurance Act 1965; (b) the amendments of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996. (2) If, on or before the commencement of Schedule 2, Part 12 of the Wool International Act 1993 commences or has commenced, the amendments of that Act set out in Schedule 2 to this Act do not take effect. (3) If: (a) an Act is amended by Schedule 2; and (b) the short title of the Act is changed on or before the commencement of that Schedule; the amendment made by Schedule 2 has effect as an amendment of the Act under its new short title. Schedule 1—Repeal of the Audit Act 1901 Audit Act 1901 1 The whole of the Act Repeal the Act. Schedule 2—Consequential amendments of Acts Aboriginal and Torres Strait Islander Commission Act 1989 1 Subsection 4(1) (definition of approved bank) Repeal the definition. 2 Add at the end of subsection 6(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 3 Section 37 Repeal the section. 4 Paragraph 40(7)(e) Omit "37", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 5 At the end of section 42 Add: (2) This section does not apply to a liability that arises under the Commonwealth Authorities and Companies Act 1997. 6 Paragraph 44(5)(a) Omit "37", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 7 Subsection 44(13) Omit "37", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 8 After subsection 61(6B) Insert: (6C) Section 14 of the Commonwealth Authorities and Companies Act 1997 does not apply to the Commission. 9 After subsection 67(3) Insert: (3A) Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997. 10 Subsection 67(6) Repeal the subsection. 11 After subsection 68(3) Insert: (3A) Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997. 12 Subsection 68(6) Repeal the subsection. 13 Subsection 69(1) Omit "an approved bank", substitute "a bank". 14 At the end of section 69 Add: (3) In this section: bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997. 15 Subsection 72(1) Repeal the subsection, substitute: (1) In this section, annual report means the annual report of the Commission prepared under section 9 of the Commonwealth Authorities and Companies Act 1997. 16 Subsections 72(2), (3) and (4) Omit "report prepared under subsection (1)", substitute "annual report". 17 Subsection 72(5) After "financial statements", insert "included in the annual report". 18 Subsection 72(6) Omit "report prepared under subsection (1)", substitute "annual report". 19 Subsection 72(7) Omit "a report prepared under subsection (1)", substitute "an annual report". 20 Subsections 72(8) and (9) Repeal the subsections. 21 Section 73 Repeal the section. 22 Subsection 74(1) Omit ", not inconsistent with this Act or the regulations,". 23 After subsection 74(1) Insert: (1A) Directions under subsection (1) must not be inconsistent with: (a) this Act or the regulations under this Act; or (b) the Commonwealth Authorities and Companies Act 1997, or regulations or Finance Minister's Orders made under that Act. 24 Subsection 74(3) Repeal the subsection. 25 Subsection 99(1) Omit "4 months", substitute "2 months". 26 At the end of subsection 142(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the TSRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 27 Section 143N Repeal the section. 28 Paragraph 143S(6)(e) Omit "143N", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 29 At the end of section 143U Add: (3) This section does not apply to a liability that arises under the Commonwealth Authorities and Companies Act 1997. 30 Paragraph 144E(5)(a) Omit "143N", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 31 Subsection 144E(14) Omit "143N", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 32 After subsection 144V(3) Insert: (3A) Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997. 33 Subsection 144V(6) Repeal the subsection. 34 Subsection 144W(4) Repeal the subsection, substitute: (4) Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997. 35 Subsection 144X(1) Omit "an approved bank", substitute "a bank". 36 At the end of section 144X Add: (3) In this section: bank has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997. 37 At the end of section 144ZA Add: (5) Section 14 of the Commonwealth Authorities and Companies Act 1997 does not apply to the TSRA. 38 Subsection 144ZB(1) Repeal the subsection, substitute: (1) In this section, annual report means the annual report of the TSRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997. Note: The heading to section 144ZB is altered by omitting "and financial statements". 39 Subsection 144ZB(2) Omit "each report", substitute "each annual report". 40 Subsection 144ZB(3) Omit "report relating to the year", substitute "annual report for the year". 41 Subsection 144ZB(4) Omit "report under this section", substitute "annual report". 42 Subsection 144ZB(5) Omit "a report under this section", substitute "an annual report". 43 Subsections 144ZB(6) and (7) Repeal the subsections. 44 Section 144ZC Repeal the section. 45 Subsection 144ZD(1) Omit ", not inconsistent with this Act or the regulations,". 46 After subsection 144ZD(1) Insert: Directions must not be inconsistent with this Act etc. (1A) Directions under subsection (1) must not be inconsistent with: (a) this Act or the regulations under this Act; or (b) the Commonwealth Authorities and Companies Act 1997, or regulations or Finance Minister's Orders made under that Act. 47 Subsection 144ZD(3) Repeal the subsection. 48 At the end of subsection 145(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 49 Section 151 After "this Act", insert "or the Commonwealth Authorities and Companies Act 1997". 50 Section 163 Repeal the section. 51 Paragraph 165(2)(c) Omit "163", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 52 Paragraph 167(3)(a) Omit "163", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 53 Subsection 167(11) Omit "163", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 54 Section 180 Repeal the section. 55 Section 186 Repeal the section. 56 Section 189 Repeal the section. 57 At the end of subsection 191A(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Indigenous Land Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 58 Section 191L After "this Act", insert "or the Commonwealth Authorities and Companies Act 1997". 59 Section 191M Repeal the section. 60 Subsections 192F(1) and (2) Repeal the subsections. 61 Paragraph 192H(2)(e) After "192F", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997". 62 Paragraph 192J(3)(a) Omit "192F", substitute "21 of the Commonwealth Authorities and Companies Act 1997". Note: The heading to subsection 192J(3) is altered by omitting "192F" and substituting "21 of the Commonwealth Authorities and Companies Act 1997". 63 Subsection 192W(1) Omit "fund", substitute "reserve". 64 Subsections 192W(2) to (5) Repeal the subsections, substitute: (2) The Land Fund is a component of the Reserved Money Fund. (3) So far as practicable, money in the Land Fund that is not required for the purpose of making payments out of the Land Fund must be invested under section 39 of the Financial Management and Accountability Act 1997. (4) If income is received by the Commonwealth from the investment of money from the Land Fund, an amount equal to the income must be transferred to the Land Fund from the Consolidated Revenue Fund. 65 Section 193F Repeal the section. 66 Paragraph 193G(1)(b) Repeal the paragraph, substitute: (b) any person to whom the Finance Minister has delegated powers conferred on the Finance Minister by section 39 of the Financial Management and Accountability Act 1997, in so far as those powers relate to the Land Fund; and 67 Subsection 193G(1) (note) Repeal the note. 68 Section 193K Repeal the section, substitute: 193K Modifications of Commonwealth Authorities and Companies Act (1) Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Indigenous Land Corporation. (2) The annual report of the Indigenous Land Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must include such additional information (if any) as is specified in the regulations under this Act. (3) Division 2 of Part 3 (except section 10) of the Commonwealth Authorities and Companies Act 1997 applies as if the first category A year were a financial year. 69 Section 193V Repeal the section. 70 Subsections 200(3), (4) and (5) Repeal the subsections. Aboriginal Councils and Associations Act 1976 71 At the end of subsection 19(3) Add: Note: Subject to section 19A, the Commonwealth Authorities and Companies Act 1997 applies to an Aboriginal Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 72 After section 19 Insert: 19A Application of the Commonwealth Authorities and Companies Act 1997 if Administrator appointed If an Administrator of an Aboriginal Council is appointed under Part V then, while the appointment remains in force: (a) subject to paragraph (b), the Commonwealth Authorities and Companies Act 1997 applies in relation to the Aboriginal Council as if the Administrator were the sole director of the Aboriginal Council for the purposes of that Act; and (b) section 21 of that Act does not apply to the Administrator. 73 Paragraph 22(1)(b) and subsection 22(9) Omit "Chairman" (wherever occurring), substitute "Chair". 74 Subsections 22(4), (8), (8A) and (9) After "this Act" (wherever occurring), insert "or the Commonwealth Authorities and Companies Act 1997". 75 Subsection 23(1) After "regulations", insert "and to the Commonwealth Authorities and Companies Act 1997". 76 Section 29 After "this Act", insert "and the Commonwealth Authorities and Companies Act 1997". 77 Paragraph 29(c) Repeal the paragraph. 78 Paragraph 35(2)(a) Omit "or the regulations", substitute ", the regulations or the Commonwealth Authorities and Companies Act 1997". 79 Subsection 36(3) Omit "Chairman" (wherever occurring), substitute "Chair". 80 Subsections 38(1), (2), (3) and (4) Repeal the subsections, substitute: (1) The members of an Aboriginal Council must give the Registrar a copy of the annual report on the Council for a financial year under section 9 of the Commonwealth Authorities and Companies Act 1997. The copy must be given to the Registrar as soon as practicable after the report is given to the Minister, and must not be given to the Registrar later than 31 December in the next financial year. Note: The heading to section 38 is replaced by the heading "Extra reporting and accounting requirements". 81 Paragraph 38(5)(a) Omit "accounts and records", substitute "accounting records". 82 Paragraph 38(5)(b) Omit "Council's report and the examiner's report", substitute "annual report on the Council". 83 Subsection 38(6) Repeal the subsection. 84 Paragraph 40(1)(a) Omit "or the Rules", substitute ", the Rules or the Commonwealth Authorities and Companies Act 1997". 85 Subsection 56(3) Omit "Chairman" (wherever occurring), substitute "Chair". 86 After section 75 Insert: 75A Disclosure of interest by Administrator of Aboriginal Council If the corporation is an Aboriginal Council, the Administrator must give written notice to the Minister of any material personal interest that the Administrator has in a matter being considered or about to be considered in relation to a matter. Aboriginal Land Grant (Jervis Bay Territory) Act 1986 87 Subsection 2(2) Repeal the subsection. 88 At the end of section 2 Add: Note: For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901. 89 At the end of subsection 4(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 90 After section 4 Insert: 4A Who are directors for the purposes of the Commonwealth Authorities and Companies Act 1997? The members of the executive committee (not the registered members of the Council) are directors of the Council for the purposes of the application of the Commonwealth Authorities and Companies Act 1997 to the Council. 91 Paragraph 28(2)(a) Omit "or by the regulations", substitute ", by the regulations or by the Commonwealth Authorities and Companies Act 1997". 92 Section 51 Repeal the section. 93 Section 52 Repeal the section, substitute: 52 Annual report to be laid before meeting of Council The executive committee must table a copy of the annual report on the Council at the next general meeting of the Council held after the deadline for the financial year to which the report relates. The report is prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 and the deadline is as specified in that section. Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 94 Part VI (heading) Repeal the heading, substitute: Part VI—Funding 95 Subsection 38(1) Omit "trust fund", substitute "reserve". Note: The heading to section 38 is replaced by the heading "Payments into and out of Reserves". 96 Subsection 38(1) Omit "Trust Fund", substitute "Reserve". 97 Subsection 38(2) Omit "Trust Fund", substitute "Reserve". 98 Subsection 38(3) Omit "trust fund", substitute "reserve". 99 Subsection 38(3) Omit "Trust Fund", substitute "Reserve". 100 Subsection 38(4) Omit "Trust Fund", substitute "Reserve". 101 Subsection 38(5) Repeal the subsection. 102 Subsection 38(6) Omit "Trust Fund", substitute "Reserve". 103 Subsection 38(7) Omit "Land Trust Fund", substitute "Land Reserve". 104 Paragraph 38(7)(b) Omit "paid into the Aboriginal Advancement Trust Fund", substitute "credited to the Consolidated Revenue Fund". 105 After subsection 38(7) Insert: (7A) Whenever an amount is credited to the Consolidated Revenue Fund under paragraph (7)(b), an equal amount must be transferred to the Aboriginal Advancement Reserve from the Consolidated Revenue Fund. 106 Subsection 38(8) Omit "Forest Trust Fund", substitute "Forest Reserve". 107 Paragraph 38(8)(b) Omit "paid into the Aboriginal Advancement Trust Fund", substitute "credited to the Consolidated Revenue Fund". 108 After subsection 38(8) Insert: (8A) Whenever an amount is credited to the Consolidated Revenue Fund under paragraph (8)(b), an equal amount must be transferred to the Aboriginal Advancement Reserve from the Consolidated Revenue Fund. 109 Subsection 38(9) Omit "Trust Fund", substitute "Reserve". 110 Subsection 38(10) Omit "Trust Fund" (first, second and third occurring), substitute "Reserve". 111 Paragraph 38(10)(b) Omit "paid into the Aboriginal Advancement Trust Fund", substitute "credited to the Consolidated Revenue Fund". 112 Subsections 38(11) and (12) Repeal the subsections, substitute: (11) A reserve established by this section is a component of the Reserved Money Fund. (12) If interest is received by the Commonwealth from the investment of money from a reserve established by this section, an amount equal to the interest must be transferred to that reserve from the Consolidated Revenue Fund. Aboriginal Land Rights (Northern Territory) Act 1976 113 Subsection 3(1) (definition of Trust Account) Repeal the definition. 114 Subsection 3(1) Insert: Reserve means the Aboriginals Benefit Reserve established by section 62. 115 Subsections 4(5) and (5A) and 7(1) and (1A) Omit "Chairman" (wherever occurring), substitute "Chair". 116 At the end of subsection 22(1) Add: Note: Subject to section 22A, the Commonwealth Authorities and Companies Act 1997 applies to a Land Council. That Act deals with matters relating to reporting and accountability, banking and investment, and conduct of officers. 117 After section 22 Insert: 22A Who are directors for the purposes of the Commonwealth Authorities and Companies Act 1997? (1) Subject to subsection (2), the members of a Land Council are directors of the Council for the purposes of the application of Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 to the Land Council. (2) The Chair of a Land Council (not the members of the Land Council) is the only director of the Council for the purposes of the application to the Land Council of the other provisions of the Commonwealth Authorities and Companies Act 1997. 118 Subsection 28(1) and sections 30 and 31 Omit "Chairman" (wherever occurring), substitute "Chair". 119 Section 32 Repeal the section. 120 After subsection 34(3) Insert: (3A) A Land Council is also required to prepare budget estimates under section 14 of the Commonwealth Authorities and Companies Act 1997. Note: The heading to section 34 is replaced by the heading "Administrative expenditure to be in accordance with approved estimates". 121 Subsection 35(10) Omit "accordance with section 62B of the Audit Act 1901", substitute "investments of the kind authorised by section 39 of the Financial Management and Accountability Act 1997". 122 Sections 37, 37AA, 37A and 38 Repeal the sections, substitute: 37 Additional reporting requirements The annual report on a Land Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include particulars of any determinations: (a) made by the Land Council under subsection 35(1), (2), (3) or (3A) during the financial year to which the report relates; or (b) made by the Minister under subsection 35(6) during that year. 123 Part VI (heading) Repeal the heading, substitute: Part VI—Aboriginals Benefit Reserve 124 Subsection 62(1) Omit "Fund", substitute "reserve". Note: The heading to section 62 is altered by omitting "Trust Account" and substituting "Reserve". 125 Subsection 62(1) Omit "Trust Account", substitute "Reserve". 126 Subsections 62(2) and (3) Repeal the subsections, substitute: (2) The Reserve is a component of the Reserved Money Fund. (3) If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund. 127 Subsections 63(2), (3), (3A) and (4) Omit "Trust Account", substitute "Reserve". Note: The heading to section 63 is altered by omitting "Trust Account" and substituting "Reserve". 128 Subsection 63(5A) Omit "paid into the Trust Account", substitute "transferred to the Reserve from the Consolidated Revenue Fund amounts equal to". 129 Subsection 63(5B) Omit "paid into the Trust Account", substitute "transferred to the Reserve from the Consolidated Revenue Fund amounts equal to". 130 Subsection 63(6) Repeal the subsection. 131 Section 64 Omit "Trust Account" (wherever occurring), substitute "Reserve". Note: The heading to section 64 is altered by omitting "Trust Account" and substituting "Reserve". 132 Section 64A Omit "Trust Account" (wherever occurring), substitute "Reserve". Note: The heading to section 64A is altered by omitting "Trust Account" and substituting "Reserve". 133 Subsections 64B(1), (2), (3) and (4) Repeal the subsections, substitute: (1) As soon as practicable after 30 June in each year, the Commission must prepare and give to the Minister a report relating to the operation of the Reserve for the year. (2) The report must include: (a) the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and (b) an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997. (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable. 134 Section 65 Omit "Trust Account" (wherever occurring), substitute "Reserve". Note: The heading to section 65 is altered by omitting "Trust Account" and substituting "Reserve". 135 Subsections 65(2) and (3) Omit "Chairman" (wherever occurring), substitute "Chair". Acts Interpretation Act 1901 136 Paragraph 17(k) Repeal the paragraph, substitute: (k) Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution; (ka) Loan Fund means the Loan Fund established by section 19 of the Financial Management and Accountability Act 1997; (kb) Reserved Money Fund means the Reserved Money Fund established by section 20 of the Financial Management and Accountability Act 1997. 137 Section 18B Repeal the section, substitute: 18B How Chairs and Deputy Chairs may be referred to (1) Where an Act establishes an office of Chair of a body, the Chair may be referred to as Chair, Chairperson, Chairman, Chairwoman or by any other such term as the person occupying the office so chooses. (2) If a person occupying an office mentioned in subsection (1) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate: (a) Chair; (b) Chairperson; (c) Chairman; (d) Chairwoman. (3) Where an Act establishes an office of Deputy Chair of a body, the Deputy Chair may be referred to as Deputy Chair, Deputy Chairperson, Deputy Chairman, Deputy Chairwoman or by any other such term as the person occupying the office so chooses. (4) If a person occupying an office mentioned in subsection (3) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate: (a) Deputy Chair; (b) Deputy Chairperson; (c) Deputy Chairman; (d) Deputy Chairwoman. Acts Interpretation Amendment Act 1976 138 Subsection 8(3) Repeal the subsection. Administrative Appeals Tribunal Act 1975 139 Section 24R Repeal the section, substitute: 24R Annual report (1) As soon as practicable after 30 June in each year, the President must prepare and give to the Minister a report of the management of the administrative affairs of the Tribunal during the year. (2) The report must include: (a) the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and (b) an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997. (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable. 140 Sections 24S and 24T Repeal the sections. Administrative Decisions (Judicial Review) Act 1977 141 Paragraph (h) of Schedule 2 Omit "32 or 36A of the Audit Act 1901", substitute "27 of the Financial Management and Accountability Act 1997". Agricultural and Veterinary Chemicals (Administration) Act 1992 142 At the end of section 10 Add: (5) Section 28 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the NRA. 143 At the end of subsection 12(1) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the NRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 144 Subsections 23(1), (2) and (3) Repeal the subsections. Note: The heading to section 23 is altered by adding at the end "in resolutions without formal meetings". 145 Paragraph 24(2)(b) After "23", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997". 146 Section 61 Repeal the section. 147 At the end of section 62 Add: (2) Subsection (1) does not prevent investment of surplus money of the NRA under section 18 of the Commonwealth Authorities and Companies Act 1997. 148 Section 68 Omit "Without limiting the generality of subsection 63H(1) of the Audit Act 1901 in its application in relation to the NRA, the NRA must include in each report referred to in that subsection", substitute "The directors must include in each report on the NRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997". 149 Paragraph 69(1)(b) Omit "63D(1) of the Audit Act 1901", substitute "18(2) of the Commonwealth Authorities and Companies Act 1997". 150 Subsection 69(2) Repeal the subsection. 151 Section 81 Repeal the section. Aircraft Noise Levy Collection Act 1995 152 Subsection 17(4) Repeal the subsection. Air Services Act 1995 153 At the end of subsection 7(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to AA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. Albury‑Wodonga Development Act 1973 154 Section 5 Omit "Chairman" (wherever occurring), substitute "Chair". 155 Subsection 5(1) Omit "Chairmen", substitute "Chairs". 156 After section 9 Insert: 9A Commonwealth Authorities and Companies Act 1997 does not apply to Corporation The Corporation is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997. 157 Subclause 5(3) of Schedule 2 Omit "Chairman" (wherever occurring), substitute "Chair". Anglo‑Australian Telescope Agreement Act 1970 158 After section 6 Insert: 6A Commonwealth Authorities and Companies Act 1997 does not apply to Board The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997. 159 Subarticles 7(1) and (2) of the Schedule Omit "Chairman" (wherever occurring), substitute "Chair". Australia Council Act 1975 160 At the end of subsection 8(1) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 161 Subparagraph 14(2)(a)(ii) Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 162 Subsection 15(6) Omit "and section 19", substitute "of this Act and section 21 of the Commonwealth Authorities and Companies Act 1997". 163 Section 19 Repeal the section. 164 Paragraph 19F(2)(e) Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 165 Subsection 27(2) Omit "19 or 31", substitute "31 of this Act or with section 21 of the Commonwealth Authorities and Companies Act 1997". 166 After subsection 33(1) Insert: (1A) Subsection (1) does not prevent investment of surplus money of the Council under section 18 of the Commonwealth Authorities and Companies Act 1997. 167 Subsection 34(2A) Omit "in accordance with subsection 36A(2)", substitute "under section 18 of the Commonwealth Authorities and Companies Act 1997. 168 Sections 35 and 36 Repeal the sections. 169 At the end of subsection 36A(1) Add "The Council may also invest surplus money under section 18 of the Commonwealth Authorities and Companies Act 1997.". 170 Subsection 36A(2) Repeal the subsection. 171 Subsection 36A(3) Omit "in accordance with this section", substitute "as mentioned in subsection (1)". 172 Section 37 Repeal the section. 173 Section 38 Repeal the section, substitute: 38 Extra reporting requirements (1) The annual report on the Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include: (a) particulars of all matters specified by the Minister under paragraph 6A(c) during the year to which the report relates; and (b) the text of all directions under sections 6B and 7 during the year to which the report relates. (2) The Minister must cause any report or financial statements given by the members of the Council to the Minister under paragraph 16(1)(b) of the Commonwealth Authorities and Companies Act 1997 to be tabled in each House of the Parliament as soon as practicable. 174 Section 39 Repeal the section. Australia‑Japan Foundation Act 1976 175 Section 3 (definition of Fund) Repeal the definition. 176 Section 3 Insert: Reserve means the reserve established by section 17. 177 Paragraph 5(1)(d) Omit "Fund", substitute "Reserve". 178 Subsection 9(3), paragraph 9(4)(a), subsection 12(1) and section 15 Omit "Chairman" (wherever occurring), substitute "Chair". 179 Part IV (heading) Repeal the heading, substitute: Part IV—Australia‑Japan Reserve 180 Section 17 Repeal the section, substitute: 17 Establishment of Reserve (1) This subsection establishes a reserve called the Australia‑Japan Reserve. (2) The Reserve is a component of the Reserved Money Fund. 181 Section 18 Omit "The Fund shall consist of", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund". Note: The heading to section 18 is altered by omitting "Fund" and substituting "Reserve". 182 Paragraph 18(a) Omit "Fund", substitute "Reserve". 183 Paragraph 18(b) Before "income", insert "amounts equal to". 184 Paragraph 18(b) Omit "Fund", substitute "Reserve". 185 Paragraph 18(c) Before "any moneys", insert "amounts equal to". 186 Paragraph 18(c) Omit "Fund", substitute "Reserve". 187 Paragraph 18(d) Before "any other moneys", insert "amounts equal to". 188 Paragraph 18(e) Before "any moneys", insert "amounts equal to". 189 Subsection 19(1) Omit "Fund", substitute "Reserve". Note: The heading to section 19 is altered by omitting "Fund" and substituting "Reserve". 190 Sections 24A, 24B and 25 Repeal the sections, substitute: 25 Annual report (1) As soon as practicable after 30 June in each year, the Foundation must prepare and give to the Minister a report of the operations of the Foundation during the year. (2) The report must include: (a) the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and (b) an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997; and (c) a copy of all directions given by the Minister to the Foundation during the year under subsection 5(3) of this Act. (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable. (4) The Foundation must give the Minister any additional reports (with or without financial statements) that the Minister from time to time requires. Australia New Zealand Food Authority Act 1991 191 At the end of subsection 6(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 192 At the end of section 11 Add: (4) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Authority. 193 Subsections 50(1), (2) and (3) Repeal the subsections. 194 Paragraph 52(2)(b) After "50", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997". 195 Section 56 Repeal the section. 196 At the end of section 57 Add: (3) Subsection (2) does not prevent investment of surplus money of the Authority under section 18 of the Commonwealth Authorities and Companies Act 1997. 197 Section 59 Repeal the section. 198 Paragraph 60(1)(b) Omit "63J(1) of the Audit Act 1901 (as that subsection applies under subsection 59(1))", substitute "18(2) of the Commonwealth Authorities and Companies Act 1997". 199 Subsection 60(2) Repeal the subsection. 200 Section 69 Omit "The Authority must include in each report prepared under section 63M of the Audit Act 1901 (as that section applies to the Authority under subsection 59(1))", substitute "The members must include in each report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997". Australian Broadcasting Corporation Act 1983 201 At the end of subsection 5(1) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 202 Subsection 8(3) Omit "this section shall", substitute "subsection (1) or (2) is to". 203 Subsection 17(1) Repeal the subsection. 204 Subsection 17(1A) Omit "subsection (1)", substitute "section 21 of the Commonwealth Authorities and Companies Act 1997". 205 Subsection 17(2) Repeal the subsection. 206 Subsection 17(5) Repeal the subsection. 207 Subparagraph 18(2)(a)(ii) Omit "17", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 208 At the end of subsection 25A(2) Add: Note: Section 15 of the Commonwealth Authorities and Companies Act 1997 requires Directors to notify the Minister of significant business activities and arrangements. 209 Subsection 25A(3) Repeal the subsection. 210 Subsection 68(1) Omit "Subject to subsection (2), the", substitute "The". 211 Subsections 68(2) and (3) Repeal the subsections, substitute: (2) Subsection (1) does not prevent investment of surplus money of the Corporation under section 18 of the Commonwealth Authorities and Companies Act 1997. Note: The heading to section 68 is altered by omitting "and investment". 212 Section 69 Repeal the section. 213 Section 72 Repeal the section. 214 At the end of section 78 Add: (7) Without limiting subsection (6), section 28 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the Corporation. 215 Section 80 Omit "Board must cause to be included in each report prepared under section 63M of the Audit Act 1901, as that section applies to the Corporation by virtue of section 72 of this Act", substitute "Directors must include in each annual report on the Corporation prepared under section 9 of the Commonwealth Authorities and Companies Act 1997". Australian Centre for International Agricultural Research Act 1982 216 Section 3 (definition of Chairman) Omit "Chairman" (wherever occurring), substitute "Chair". 217 Section 3 (definition of Fund) Repeal the definition. 218 Section 3 Insert: Reserve means the reserve established by section 33. 219 Section 9, subsections 10(6), 14(2), (4) and (5) and 15(6) Omit "Chairman" (wherever occurring), substitute "Chair". 220 Subsection 33(1) Omit "Trust Fund", substitute "Reserve". Note: The heading to section 33 is altered by omitting "Fund" and substituting "Reserve". 221 Subsection 33(2) Repeal the subsection, substitute: (2) The Reserve is a component of the Reserved Money Fund. 222 Section 34 Repeal the section, substitute: 34 Payments into Reserve There must be transferred to the Reserve from the Consolidated Revenue Fund: (a) all money appropriated by the Parliament for the purposes of the Reserve; and (b) amounts equal to money from time to time received by the Centre. 223 Section 35 Omit "Fund", substitute "Reserve". Note: The heading to section 35 is altered by omitting "Fund" and substituting "Reserve". 224 Section 36 Omit "Fund" (wherever occurring), substitute "Reserve". 225 Sections 38A, 38AA, 38B and 39 Repeal the sections, substitute: 39 Annual report (1) As soon as practicable after 30 June in each year, the Board must prepare and give to the Minister a report of the operations of the Centre during the year. (2) The report must include: (a) the financial statements required by section 49 of the Financial Management and Accountability Act 1997; and (b) an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997. (3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable. Australian Film Commission Act 1975 226 Section 3 (definitions of Chairman, Deputy Chairman and member) Omit "Chairman" (wherever occurring), substitute "Chair". 227 At the end of subsection 4(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 228 Subsection 6(4) Omit all the words from and including "The Commission" to and including "a statement of:", substitute "The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include a statement of:". 229 Subsection 15(1) and sections 19 and 20 Omit "Chairman" (wherever occurring), substitute "Chair". 230 Section 22 Repeal the section. 231 Subparagraph 23(2)(a)(ii) Omit "section 22", substitute "section 21 of the Commonwealth Authorities and Companies Act 1997". 232 Subsections 23(3) and 28(1), (4), (5), (6) and (7) Omit "Chairman" (wherever occurring), substitute "Chair". 233 Section 32 Repeal the section. 234 Subsection 33(2) Repeal the subsection, substitute: (2) Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997. 235 Section 34 Repeal the section. 236 Paragraph 35(2)(b) Omit "in accordance with subsection 33(2)", substitute "under section 18 of the Commonwealth Authorities and Companies Act 1997". 237 Sections 37, 38, 40D, 44 and 45 Repeal the sections. Australian Film, Television and Radio School Act 1973 238 At the end of subsection 4(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the School. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 239 Subsection 12(5) and section 13 Omit "Chairman" (wherever occurring), substitute "Chair". 240 Paragraph 18(c) Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 241 Section 19 Repeal the section. 242 Sections 20 and 23 Omit "Chairman" (wherever occurring), substitute "Chair". 243 Paragraph 29(1)(c) Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 244 Sections 37 and 38 Repeal the sections. 245 After subsection 39(1) Insert: (1A) Subsection (1) does not prevent investment of surplus money of the School under section 18 of the Commonwealth Authorities and Companies Act 1997. 246 Paragraph 51(c) Omit "chairman", substitute "chair". Australian Heritage Commission Act 1975 247 Section 3 (definition of Chairman) Omit "Chairman" (wherever occurring), substitute "Chair". 248 At the end of subsection 11(1) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 249 Paragraph 12(1)(a), subsections 12(1A), (3), (7), (8) and (9), section 16 and subsection 17(2) Omit "Chairman" (wherever occurring), substitute "Chair". 250 Paragraph 18(2)(c) Omit "section 19", substitute "section 21 of the Commonwealth Authorities and Companies Act 1997". 251 Section 19 Repeal the section, substitute: 19 Application of section 21 of the Commonwealth Authorities and Companies Act 1997 to deemed and co‑opted Commissioners Section 21 of the Commonwealth Authorities and Companies Act 1997 (disclosure of material personal interests) applies to a person deemed to be a Commissioner under subsection 17(3), or to a person who is a co‑opted Commissioner, as if the person were a Commissioner. 252 Section 20 Omit "Chairman" (wherever occurring), substitute "Chair". 253 Subsection 21(3) Repeal the subsection, substitute: (3) A person appointed under subsection (1): (a) is to be regarded as a Commissioner for the purposes of section 14 of this Act and of section 21 of the Commonwealth Authorities and Companies Act 1997; but (b) is not to be regarded as a Commissioner for the purposes of any of the other provisions of this Act or of the Commonwealth Authorities and Companies Act 1997. 254 Subsection 32(2) Omit "Chairman", substitute "Chair". 255 At the end of section 35 Add: (2) Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997. 256 Sections 36, 38, 40 and 41 Repeal the sections. 257 Section 43 Repeal the section, substitute: 43 Extra reporting requirements (1) The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include: (a) a description of the condition of the national estate at the end of the period to which the report relates; and (b) the text of all directions given by the Minister to the Commission under section 25 during the period to which the report relates. (2) The Commission may also give the Minister any other reports relating to the national estate that it thinks fit. (3) The Minister must cause any report the Commission gives the Minister under subsection (2), or under paragraph 16(1)(b) of the Commonwealth Authorities and Companies Act 1997, to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report. Australian Horticultural Corporation Act 1987 258 Subsection 3(1) (definition of authorised auditor) Repeal the definition. 259 Subsection 3(1) (definition of company auditor) Repeal the definition. 260 Subsection 3(1) (definition of Corporation auditor) Repeal the definition. 261 At the end of subsection 12(1) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 262 At the end of section 13 Add: Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901. 263 Section 14 Repeal the section. 264 Subsection 15(8) Repeal the subsection. 265 At the end of section 15 Add: Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901. 266 Section 23 Repeal the section. 267 Paragraph 24(2)(b) Omit "23", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 268 Subsection 30(1) Repeal the subsection. 269 Subsection 30(2) Omit "Without limiting the generality of subsection (1), the Corporation shall include in the report:", substitute "The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:". Note: The heading to section 30 is replaced by the heading "Extra matters to be included in annual report". 270 Paragraph 30(2)(a) Omit "and of each Board". 271 Paragraph 30(2)(b) Omit "or a Board" (wherever occurring). 272 Subsections 30(3), (4), (4A) and (5) Repeal the subsections. 273 After section 30 Insert: 30A Corporation to give Minister annual reports on Product Boards (1) The Corporation must, by the 15 October after the end of each financial year, give to the Minister the annual report on each Product Board for that year given to the Corporation by the Board under section 9 of the Commonwealth Authorities and Companies Act 1997 (as modified by section 101A of this Act). (2) The Minister may grant an extension of time in special circumstances. (3) The Minister must table each report in each House of the Parliament as soon as practicable. 274 Subsection 49(1) Repeal the subsection. Note: The heading to section 49 is replaced by the heading "Separate accounts may be required in some circumstances". 275 Sections 50, 51, 56 and 57 Repeal the sections. 276 Subsection 73(5) Repeal the subsection, substitute: (5) Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to the committee as if the committee were a Commonwealth authority (as defined in that Act). 277 At the end of section 84 Add: Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901. 278 Section 85 Repeal the section. 279 Subsection 86(8) Repeal the subsection. 280 At the end of section 86 Add: Note: For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901. 281 At the end of subsection 101(1) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to each Board. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 282 After section 101 Insert: 101A Modification of the Commonwealth Authorities and Companies Act 1997 Section 9 of the Commonwealth Authorities and Companies Act 1997 applies in relation to a Board as if: (a) a reference to the responsible Minister were instead a reference to the Corporation; and (b) the reference to the 15th day of the 4th month after the end of the financial year were instead a reference to the next 31 August after the end of the financial year; and (c) subsection (3) were omitted. 283 Subsection 115F(1) Repeal the subsection. 284 Subsection 115F(2) Omit "Without limiting the generality of subsection (1), each report must include:", substitute "The annual report on a Board under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:". Note: The heading to section 115F is replaced by the heading "Extra matters to be included in Product Board annual reports". 285 Subsections 115F(3), (4) and (5) Repeal the subsections. 286 Section 115FA Omit "a report of a Board has been given to the Corporation under subsection 115F(1)", substitute "an annual report on a Board has been given to the Corporation". 287 Section 115S Omit "50, 51,". 288 Section 115T Repeal the section. 289 Subsection 115ZB(5) Repeal the subsection, substitute: (5) Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to a committee as if the committee were a Commonwealth authority (as defined in that Act). Australian Industry Development Corporation Act 1970 290 Section 4 (definition of Chairman) Omit "Chairman" (wherever occurring), substitute "Chair". 291 At the end of subsection 5(2) Add: Note: Subject to section 5A, the Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers. 292 After section 5 Insert: 5A Modification of the Commonwealth Authorities and Companies Act 1997—how that Act applies to subsidiaries (1) Sections 15, 16, 17, 28 and 29 of the Commonwealth Authorities and Companies Act 1997 have effect, as they apply to the Corporation, as if a reference in any of those sections to a subsidiary were instead a reference to an eligible subsidiary in relation to the Corporation as defined in section 4 of this Act. (2) Finance Minister's Orders referred to in subsection 13(2) of the Commonwealth Authorities and Companies Act 1997 cannot require the Corporation to include, in reports under section 13 of that Act, information about a subsidiary of the Corporation that is not an eligible subsidiary (as defined in section 4 of this Act). 293 Subsection 8A(10) Omit all the words after "and shall include", substitute "in the annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 a separate report on each such operation carried on during the year to which the report relates.". 294 Subsection 8A(12) Repeal the subsection. 295 Section 9 After "this Act", insert "and the Commonwealth Authorities and Companies Act 1997". 296 Section 11, subsections 12(1) and 13(2), sections 15A, 16, 17 and 18 and subsection 19(1) Omit "Chairman" (wherever occurring), substitute "Chair". 297 Paragraph 19(3)(b) Omit "22", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 298 Section 20, paragraph 20A(1)(b) and subsections 21(1), (2), (3), (4) and (5) Omit "Chairman" (wherever occurring), substitute "Chair". 299 Sections 22, 23B, 23C and 23D Repeal the sections. 300 Section 23E After "financial target", insert "for a corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997". 301 Sections 23F, 23H and 25 Repeal the sections. 302 Subsection 26(1) Omit "Subject to subsection (2), moneys", substitute "Money". 303 Subsection 26(2) Repeal the subsection, substitute: (2) Subsection (1) does not prevent the investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997. 304 Section 28 Repeal the section. 305 Subsections 29(1) to (7) (inclusive) Repeal the subsections. 306 Paragraph 29(8)(a) Omit "under this section". Note: The heading to section 29 is replaced by the heading "Additional audit arrangements". 307 Subsection 33(2) Omit "Chairman", substitute "Chair". 308 Subsections 37(1) to (2B) (inclusive) Repeal the subsections. 309 Subsection 37(2C) Omit "The report of the corporation's operations for a financial year shall:", substitute "The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also:". Note: The heading to section 37 is replaced by the heading "Extra reporting requirements". 310 Paragraph 37(2C)(b) Omit "overall". 311 Paragraphs 37(2C)(d) and (e) Omit "target", substitute "targets". 312 Subsection 37(3) Repeal the subsection. 313 Subsection 37(4) Omit "under subsection (3)", substitute "relating to the Corporation under Part 2 of Schedule 1 to the Commonwealth Authorities and Companies Act 1997". 314 Subsection 37(5) Repeal the subsection, substitute: (5) In this section: corporate plan means the corporate plan for the Corporation under section 17 of the Commonwealth Authorities and Companies Act 1997. 315 After section 37 Insert: 37A Information about the receiving subsidiary (1) The Minister or the Finance Minister may require the Corporation to give to him or her a copy of information of a particular kind about the receiving subsidiary that is provided to the Corporation as a holder of shares in the receiving subsidiary. (2) The Directors must comply with the requirement as soon as practicable after receiving information of that kind. (3) In this section: Finance Minister means the Minister who administers the Commonwealth Authorities and Companies Act 1997. Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 316 At the end of subsection 4(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 317 Section 19 Repeal the section. 318 Paragraph 21(2)(b) Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 319 Section 37 Repeal the section. 320 At the end of section 38 Add: (2) Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997. 321 Section 40 Repeal the section. 322 Subsection 42(1) Repeal the subsection. Note: The heading to section 42 is altered by omitting "Minister and Commission" and substituting "Commission and TSRA". 323 Section 58 Repeal the section. Australian Institute of Health and Welfare Act 1987 324 Subsection 3(3) Repeal the subsection. 325 At the end of section 3 Add: Note: For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901. 326 At the end of subsection 4(2) Add: Note: The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. 327 At the end of section 7 Add: (3) This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Institute. 328 Paragraph 13(2)(b) Omit "14", substitute "21 of the Commonwealth Authorities and Companies Act 1997". 329 Subsections 14(1) and (2) Repeal the subsections. 330 Subsection 14(3) Omit "This section", substitute "Section 21 of the Commonwealth Authorities and Companies Act 1997". 331 Subsection 16(13) Repeal the subsection, substitute: (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest: (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and (b) that would conflict with the proper performance of the member's functions in relation to the consideration of the matter. The member must make the disclosure as soon as practicable after he or she knows of