Legislation, In force, Commonwealth
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.
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[Schedule 2 (item 1) repealed items 1306 to 1310 of Schedule 2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[Schedule 2 (item 4) repealed item 394 of Schedule 2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Schedule 2 (item 5) repealed and substituted item 1134 of Schedule 2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
