Commonwealth: Commonwealth Functions (Statutes Review) Act 1981 (Cth)

Commonwealth Functions (Statutes Review) Act 1981 Act No. 74 of 1981 as amended This compilation was prepared on 18 September 2001 taking into account amendments up to Act No. 16 of 1990 [Note: Some provisions of this Act are not in force, see Note 2] The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting, Attorney‑General's Department, Canberra Contents Part I—Preliminary 1 Short title [see Note 1] 2 Commencement [see Note 1] Part II—Australian Capital Territory Division 1—Agents 3 Repeal Division 2—Architects 4 Repeal Division 3—Canberra Commercial Development Authority 5 Interpretation 6 Application of Division 7 Power of Authority to enter into agreement 8 Power of Minister to give directions to Authority 9 Sale by transfer of assets of Authority to company 10 Sale by direct transfer of assets 11 Existing contracts 12 Pending proceedings 13 Consequences of agreement 14 Winding up of Authority 15 Application of Commonwealth Employees (Redeployment and Retirement) Act 16 Registration of changes in title to land 17 Officers' Rights Declaration Act Division 4—Canberra Retail Markets Trust 18 Interpretation 19 Application of Division 20 Power of Trust to enter into agreements 21 Power of Minister to give directions to Trust 22 Sale by transfer of assets of Trust to company 23 Sale by direct transfer of assets 24 Existing contracts 25 Pending proceedings 26 Application of Ordinance where Trust continues to operate one Market 27 Consequences of agreement 28 Winding up of Trust 29 Application of Commonwealth Employees (Redeployment and Retirement) Act 30 Registration of changes in title to land 31 Officers' Rights Declaration Act Division 5—Canberra Showground Trust 32 Principal Ordinance 33 Division 6—Co‑operative societies 34 Principal Ordinance 35 Interpretation [see Note 2] 36 Repeal of Part III [see Note 2] 37 Amalgamation [see Note 2] 38 Use of word co‑operative [see Note 2] 39 Transfer of engagements [see Note 2] 40 Dealings with members and applicants [see Note 2] Division 7—Lakes 41 Principal Ordinance 42 Interpretation 43 44 Powers to charge for admission Division 8—Landlord and Tenant 45 Principal Ordinance 46 Interpretation 47 Repeal 48 Cessation of application of determinations 49 Lessor to furnish information to lessee 50 Application of Division 51 Repeal 52 Repeal 53 Certain payments prohibited 54 Repeal 55 Repeal 56 Heading to Part IIA 57 Rent increases in relation to prescribed premises 58 Repeal 59 Application to limited class of premises 60 Exclusion of premises let for a short‑term from operation of Part 61 Exclusion of certain premises from operation of Part 62 Information to be furnished on request 63 Powers of entry and inspection 64 Proof of instruments 65 Service of notices etc. Division 9—Life Insurance Holding Companies 66 Repeal of Ordinances Division 10—Milk Authority 67 Principal Ordinance 68 Interpretation 69 Inspectors 70 71 Functions of Authority 72 73 Powers of Authority 74 75 Saving Division 11—Nature Conservation 76 Principal Ordinance 77 Interpretation 78 Termination of office of Conservator 79 Repeal Division 12—Prices Regulation 80 Repeal Division 13—Rabbit destruction 81 Principal Ordinance 82 Amendment of Regulation 83 Repeal of Regulations Division 14—Sewerage rates 84 Principal Ordinance 85 Interpretation 86 Delegate and inspectors 87 Accounts for rates 88 Evidence Division 15—Surveyors 89 Repeal Division 16—Trading hours 90 Repeal Division 17—Water rates 91 Principal Ordinance 92 Interpretation 93 Reading of meters 94 Additional meter readings 95 Meter not registering 96 Notice of results of meter readings 97 Rates certificate where land metered 98 Rates certificate where land unmetered or not connected to system of works 99 Testing of meters 100 101 Accounts for rates 102 Special accounts for rates 103 Closing or cutting off of water pipes for non‑payment of rates 104 Entry of land by Delegate or meter reader Division 18—Miscellaneous 105 Power to amend Ordinances and Regulations 106 Part to be deemed to be an Ordinance Part III—Australian Postal Commission 107 Principal Act 108 Interpretation 109 Courier service 110 Protection from actions 111 By‑laws 112 Regulations 113 Transitional Part V—Bankruptcy 122 Principal Act 123 Duties etc. of trustee 124 Court may direct Official Trustee or registered trustee to take control of property before sequestration 125 Proceedings and order on creditor's petition 126 Bankrupt's statement of affairs 127 Debtor's petition 128 Debtor's petition against partnership 129 Debtor's petition by joint debtors who are not partners 130 Vesting of property upon bankruptcy 131 First meeting of creditors 132 Public examination of bankrupt 133 Vesting and transfer of property 134 Discharge of bankrupt by operation of law 135 Discharge by the Court 136 137 Appointment of trustees 138 Appointment of more than one trustee etc. 139 140 Solicitation by trustee 141 Investment of surplus funds 142 Trustee's accounts and audit 143 Removal of trustee 144 Trustee's and solicitor's duties and powers 145 Payment of unclaimed moneys into Consolidated Revenue Fund 146 Protection in respect of reports 147 Protection in respect of trustees' reports Part VI—Commonwealth employees (compensation) 148 Principal Act 149 Amendments of the Compensation (Commonwealth Government) Employees Act 150 Interpretation 151 Review of existing determinations 152 Proceeding transferred to Administrative Appeals Tribunal 153 Extension of time 154 Lodging of material documents with Administrative Appeals Tribunal 155 Saving provision relating to Federal Court of Australia Part VII—Commonwealth employees (payments of remuneration and allowances) 156 Principal Act 157 Part VIII—Commonwealth teaching service 158 Principal Act 159 Interpretation 160 161 162 Officers 163 Employees 164 Leave of absence for service with a State or outside Australia 165 166 Promotions Appeal Boards 167 Tenure of office 168 Retirement on grounds of inefficiency or incapacity 169 Disciplinary action for misconduct 170 Disciplinary Appeals Board 171 Interpretation 172 [see Note 2] 173 Payment of benefits under scholarships [see Note 2] 174 175 Additional amendments 176 Transitional and Saving Part IX—Director‑General of Health 177 Director‑General of Health to be medical practitioner Part X—Export expansion grants 178 Principal Act 179 Interpretation 180 181 Regulations Part XI—Export market development grants 182 Principal Act 183 Interpretation 184 Regulations Part XII—Foreign takeovers 185 Principal Act 186 Interpretation 187 Compulsory notification of transactions Part XIV—Industries Assistance Commission 203 Principal Act 204 Reference of matters to Commission 205 Temporary Assistance Authority 206 Validation of references made before commencement of Part Part XV—Lands acquisition 207 Principal Act 208 Interpretation 209 210 Modes of acquisition 211 Disposal of land Part XVI—Legislative Drafting Institute 212 Repeal 213 Interpretation 214 Transfer of rights, liabilities etc. 215 Report on operations of Institute 216 Audit of financial statements 217 Report and financial statements to be laid before Parliament 218 Officers' Rights Declaration Act Part XVII—Navigation Division 1—Navigation Act 1912 219 Principal Act 220 Interpretation 221 222 Certificate where seaman left behind 223 Wages and effects of seaman left behind Division 2—Navigation Amendment Act 1980 224 Principal Act Division 3—Navigation Amendment Act 1981 229 Principal Act Part XVIII—Prices Justification Tribunal 231 Repeal 232 Report on operations of Prices Justification Tribunal 233 Transfer of records 234 Obligation of secrecy to continue 235 Officers' Rights Declaration Act Part XIX—Procurement of goods, works and services 236 Principal Act 237 Amendment of title 238 Heading 239 240 Interpretation 241 Specification of requirement 242 Heading 243 Tenders or quotations to be invited 244 List of registered tenderers 245 Postponement or cessation of action on tenders 246 Heading 247 248 Determination of Australian content of goods 249 Method of determination of origin of goods 250 Acceptance of tenders or quotations 251 Publication of Australian content of goods 252 Heading 253 Exemption from Part III or IV 254 Information to be furnished to Minister Part XX—Remuneration in respect of dual appointments 255 Principal Act 256 Part XXI—Transport planning and research 257 Principal Act 258 Interpretation Part XXII—Urban public transport 259 Principal Act 260 Interpretation 261 Transfer of part of maximum grant from one year to another 262 Additional amount to be allocated among States 263 Schedule Part XXIII—Miscellaneous 264 Compensation Schedule 1—Amendments of the Wool Industry Act 1972 Schedule 2—Amendments of the Compensation (Commonwealth Government Employees) Act 1971 Schedule 3—Amendments of the Commonwealth Teaching Service Act 1972 Notes An Act to implement certain changes in Commonwealth functions Part I—Preliminary 1 Short title [see Note 1] This Act may be cited as the Commonwealth Functions (Statutes Review) Act 1981. 2 Commencement [see Note 1] (1) Parts I, IV, IX, X, XI, XII, XIII, XV, XVII (other than sections 220, 221, 222, 223, 225, 226, 227, 228 and 230), XX, XXI, XXII and XXIII shall come into operation on the day on which this Act receives the Royal Assent. (2) Part III shall come into operation on 1 July 1981. (3) Section 172 shall come into operation on the day on which section 44 of the Commonwealth Teaching Service Act 1972 comes into operation. (4) Section 173 shall come into operation on the day on which section 46 of the Commonwealth Teaching Service Act 1972 comes into operation. (5) Section 225 shall come into operation on the day on which subsection 5(2) of the Navigation Amendment Act 1980 comes into operation. (6) Sections 226, 227 and 230 shall come into operation on the day on which section 18 of the Navigation Amendment Act 1980 comes into operation. (7) Section 228 shall come into operation on the day on which sections 61 and 62 of the Navigation Amendment Act 1980 come into operation. (8) Parts XIV and XVIII shall come into operation on the day on which the Petroleum Products Pricing Act 1981 comes into operation. (9) Part XIX shall come into operation on the day on which this Act receives the Royal Assent but the provisions of the Act amended by that Part shall come into operation as so amended in accordance with section 2 of that Act as so amended. (10) The remaining provisions of this Act shall come into operation on such respective dates as are fixed by Proclamation. Part II—Australian Capital Territory Division 1—Agents 3 Repeal The following Ordinances of the Australian Capital Territory are repealed: Agents Ordinance 1968 Agents Ordinance 1970 Agents Ordinance (No. 2) 1970 Agents Ordinance 1971 Agents Ordinance 1972 Agents Ordinance 1973 Agents Ordinance (No. 2) 1973 Agents (Amendment) Ordinance 1976. Division 2—Architects 4 Repeal The following Ordinances of the Australian Capital Territory are repealed: Architects Ordinance 1959 Architects Ordinance 1967 Architects Ordinance 1970 Architects Ordinance (No. 2) 1970 Architects Ordinance 1971 Architects Ordinance 1973 Architects Ordinance 1974 Architects Ordinance (No. 2) 1974 Architects (Amendment) Ordinance 1976 Architects (Amendment) Ordinance 1978. Division 3—Canberra Commercial Development Authority 5 Interpretation In this Division: Authority means the Canberra Commercial Development Authority established under the Ordinance. commencing day means the day fixed under section 13. Minister means the Minister for the Capital Territory. Ordinance means the Canberra Commercial Development Authority Ordinance 1974 of the Australian Capital Territory as amended and in force for the time being. purchaser means a person who enters into an agreement with the Authority under section 7. 6 Application of Division This Division has effect notwithstanding anything contained in the Ordinance. 7 Power of Authority to enter into agreement (1) The Authority shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Authority as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement. (2) An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Authority as are referred to in the agreement. (3) In an agreement entered into under subsection (1): (a) a reference to rights, property or assets of the Authority may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and (b) a reference to debts, liabilities or obligations of the Authority may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement. 8 Power of Minister to give directions to Authority (1) For the purpose of facilitating the sale of the rights, property or assets of the Authority and winding up the affairs of the Authority, the Minister may give directions to the Authority in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Authority shall comply with any such directions. (2) If the Authority fails to comply with a direction given to it by the Minister under subsection (1), the Governor‑General may, by instrument in writing under his hand, remove any one or more of the members of the Authority from office. (3) Where the Governor‑General removes a member of the Authority from office under subsection (2), the Governor‑General may appoint another person as a member of the Authority in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Governor‑General. (4) If a member of the Authority who is removed from office by the Governor‑General under subsection (2) was the Chairman, or the Deputy Chairman, of the Authority, the Governor‑General may appoint another member of the Authority to be the Chairman, or the Deputy Chairman, of the Authority, as the case may be. 9 Sale by transfer of assets of Authority to company (1) An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect. (2) The Authority shall: (a) form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Authority; and (b) on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement: (i) transfer to the company such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser; and (ii) cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser. (3) Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations. (4) If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee. 10 Sale by direct transfer of assets (1) An agreement entered into in accordance with section 7 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect. (2) The Authority shall, on the day referred to in the agreement in accordance with subsection 7(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Authority as are required by the agreement to be acquired by the purchaser. (3) Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Authority as are required by the agreement to be paid or discharged by the purchaser and the Authority ceases to be liable to pay or discharge those debts, liabilities or obligations. (4) If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Authority arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 7(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Authority, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee. 11 Existing contracts After the rights, property or assets referred to in subparagraph 9(2)(b)(i) or subsection 10(2), as the case may be, are transferred to a person in accordance with that subparagraph or subsection, such contracts (if any) as are specified in, or ascertained in accordance with, the agreement, being contracts to which the Authority was a party at the time immediately before the transfer took place, have effect as if: (a) that person were substituted for the Authority as a party to each contract; and (b) any reference in such a contract to the Authority were (except in relation to matters that occurred before that time) a reference to that person; and the Authority ceases to be a party to the contracts. 12 Pending proceedings If, immediately before the day on which rights, property or assets referred to in subparagraph 9(2)(b)(i) or subsection 10(2), as the case may be, are transferred to a person, the Authority was a party to proceedings specified in the agreement that were pending in a court, that person is, on that day, by force of this section, substituted for the authority as a party to the proceedings and has the same rights in the proceedings as the party for which that person is substituted. 13 Consequences of agreement If the Authority enters into an agreement in accordance with section 7, the Minister shall, as soon after the day referred to in that section as it appears to him to be appropriate to do so, by notice published in the Gazette, fix a day on which the Authority is to cease to exist. 14 Winding up of Authority (1) Upon the commencing day: (a) the Canberra Commercial Development Authority Ordinance 1974 and the Canberra Commercial Development Authority Amendment Ordinance 1977 of the Australian Capital Territory are repealed; (b) any rights, property or assets that, immediately before that day, were vested in the Authority vest on that day, by force of this subsection, in the Commonwealth; and (c) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the Authority that existed immediately before that day. (2) Any contract to which the Authority was a party immediately before the commencing day has effect on and after that day as if: (a) the Commonwealth were substituted for the Authority as a party to the contract; and (b) any reference in the contract to the Authority were (except in relation to matters that occurred before that time) a reference to the Commonwealth. (3) If, immediately before the commencing day, proceedings to which the Authority was a party were pending in any court, the Commonwealth is, on that day, by force of this subsection, substituted for the Authority as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted. 15 Application of Commonwealth Employees (Redeployment and Retirement) Act On and after the commencing day, any functions, duties or powers under the Commonwealth Employees (Redeployment and Retirement) Act 1979 that would, if the Authority had not ceased to exist, be required to be performed or be permitted to be exercised by the Authority shall be performed or may be exercised, as the case may be, by the Secretary to the Department of the Capital Territory. 16 Registration of changes in title to land (1) Where by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney‑General's Department or a person authorized under subsection 55E(4) of the Judiciary Act 1903 may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such other things, as are necessary to reflect the operation of this Division in relation to that interest in land. (2) The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Authority, require the Authority to produce to him any Crown lease or other document in the possession or within the control of the Authority affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division. (3) If the Authority fails to comply with a requirement in a notice given to the Authority under subsection (2), the Authority is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200. (4) If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed until the Crown lease or other document is produced. (5) Charges against the Authority for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document. (6) If the Authority is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately. 17 Officers' Rights Declaration Act Where, at the expiration of the day immediately preceding the commencing day, the repealed Officers' Rights Declaration Act 1928 applied in relation to a person who was at that time a member or employee of the Authority, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the Ordinances referred to in section 14 had not been repealed but that person had on the first‑mentioned day resigned his office, or resigned from his employment with the Authority, as the case may be. Division 4—Canberra Retail Markets Trust 18 Interpretation In this Division: commencing day means the day fixed under section 27. Market has the same meaning as in the Ordinance. Minister means the Minister for the Capital Territory. Ordinance means the Canberra Retail Markets Ordinance 1971 of the Australian Capital Territory as amended and in force for the time being. purchaser means a person who enters into an agreement with the Trust under section 20. Trust means the Canberra Retail Markets Trust established under the Ordinance. 19 Application of Division This Division has effect notwithstanding anything contained in the Ordinance. 20 Power of Trust to enter into agreements (1) The Trust shall, if so directed by the Minister, enter into an agreement with a person designated by the Minister for the sale to that person, on terms and conditions specified by the Minister, of such rights, property or assets of the Trust as are referred to in the agreement, with effect on and from the commencement of a day specified in, or ascertained in accordance with, the agreement. (2) An agreement entered into under subsection (1) may provide for the purchaser to undertake to pay or discharge such debts, liabilities or obligations of the Trust as are referred to in the agreement. (3) In an agreement entered into under subsection (1): (a) a reference to rights, property or assets of the Trust may be a reference to all those rights, property or assets, to such of those rights, property or assets as are specified in the agreement or to all those rights, property or assets other than such of those rights, property or assets as are specified in the agreement; and (b) a reference to debts, liabilities or obligations of the Trust may be a reference to all those debts, liabilities or obligations, to such of those debts, liabilities or obligations as are specified in the agreement or to all those debts, liabilities or obligations other than such of those debts, liabilities or obligations as are specified in the agreement. 21 Power of Minister to give directions to Trust (1) For the purpose of facilitating the sale of the rights, property or assets of the Trust and winding up the affairs of the Trust, the Minister may give directions to the Trust in respect of the performance of its functions and duties, and the exercise of its powers, under this Division and under the Ordinance, and the Trust shall comply with any such directions. (2) If the Trust fails to comply with a direction given to it by the Minister under subsection (1), the Minister may, by instrument in writing under his hand, remove any one or more of the members of the Trust from office. (3) Where the Minister removes a member of the Trust from office under subsection (2), the Minister may appoint another person as a member of the Trust in place of the member so removed, whether or not the other person would be eligible for appointment under the Ordinance, and a person so appointed holds office during the pleasure of the Minister. (4) If a member of the Trust who is removed from office by the Minister under subsection (2) was the Chairman of the Trust, the Minister may appoint another member of the Trust to be the Chairman of the Trust. 22 Sale by transfer of assets of Trust to company (1) An agreement entered into in accordance with section 20 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect. (2) The Trust shall: (a) form, together with such person or persons as the Minister nominates, an incorporated company in the Australian Capital Territory under a name approved by the Minister, being a company having such directors as the Minister nominates and having a share capital all the shares in which are beneficially owned by the Trust; and (b) on the day referred to in the agreement in accordance with subsection 20(1), upon receipt of the consideration specified in the agreement: (i) transfer to the company such of the rights, property or assets of the Trust as are required by the agreement to be acquired by the purchaser; and (ii) cause the shares in the company to be transferred to the purchaser or to a person or persons nominated by the purchaser. (3) Upon the transfer to the company of the rights, property or assets referred to in subparagraph (2)(b)(i), the company becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Trust as are required by the agreement to be paid or discharged by the purchaser and the Trust ceases to be liable to pay or discharge those debts, liabilities or obligations. (4) If the company becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Trust arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 20(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Trust, the company shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee. 23 Sale by direct transfer of assets (1) An agreement entered into in accordance with section 20 may make provision for the sale to which the agreement relates to be carried into effect in accordance with this section and, in that case, the following provisions of this section have effect. (2) The Trust shall, on the day referred to in the agreement in accordance with subsection 20(1), upon receipt of the consideration specified in the agreement, transfer to the purchaser such of the rights, property or assets of the Trust as are required by the agreement to be acquired by the purchaser. (3) Upon the transfer to the purchaser of the rights, property or assets referred to in subsection (2), the purchaser becomes, by force of this subsection, liable to pay or discharge such debts, liabilities or obligations of the Trust as are required by the agreement to be paid or discharged by the purchaser and the Trust ceases to be liable to pay or discharge those debts, liabilities or obligations. (4) If the purchaser becomes, by force of subsection (3), liable to pay or discharge any debts, liabilities or obligations of the Trust arising under or by virtue of the Compensation (Commonwealth Government Employees) Act 1971, then, for the purposes of the application, in relation to any event that occurred before the day referred to in the agreement in accordance with subsection 20(1), of that Act in relation to a person who, at any time before that day, was an employee within the meaning of that Act by virtue of being, or having been, employed by the Trust, the purchaser shall be deemed to be the prescribed authority of the Commonwealth in relation to that employee. 24 Existing contracts After the rights, property or assets referred to in subparagraph 22(2)(b)(i) or subsection 23(2), as the case may be, are transferred to a person in accordance with that subparagraph or subsection, such contracts (if any) as are specified in, or ascertained in accordance with, the agreement, being contracts to which the Trust was a party at the time immediately before the transfer took place, have effect as if: (a) that person were substituted for the Trust as a party to each contract; and (b) any reference in such a contract to the Trust were (except in relation to matters that occurred before that time) a reference to that person; and the Trust ceases to be a party to the contracts. 25 Pending proceedings If, immediately before the day on which rights, property or assets referred to in subparagraph 22(2)(b)(i) or subsection 23(2), as the case may be, are transferred to a person, the Trust was a party to proceedings specified in the agreement that were pending in a court, that person is, on that day, by force of this section, substituted for the Trust as a party to the proceedings and has the same rights in the proceedings as the party for which that person is substituted. 26 Application of Ordinance where Trust continues to operate one Market If the Trust enters into an agreement in accordance with section 20 that relates to rights, property or assets of the Trust in relation to one only of the Markets managed and controlled by the Trust, Parts III, IV, V and VI of the Ordinance apply only in relation to the Market that the Trust continues to manage and control. 27 Consequences of agreement If the Trust enters into an agreement in accordance with section 20 that relates, or agreements in accordance with that section that together relate, to rights, property or assets of the Trust in relation to both of the Markets managed and controlled by the Trust, the Minister shall, as soon after the day referred to in section 20 as it appears to him to be appropriate to do so, by notice published in the Gazette, fix a day on which the Trust is to cease to exist. 28 Winding up of Trust (1) Upon the commencing day: (a) the following Ordinances of the Australian Capital Territory are repealed: Canberra Retail Market Trust Ordinance 1971 Canberra Retail Market Trust Ordinance 1972 Canberra Retail Market Trust Ordinance 1973 Canberra Retail Market Trust Ordinance 1974 Canberra Retail Markets Ordinance 1976 Canberra Retail Markets (Amendment) Ordinance 1978 Canberra Retail Markets (Amendment) Ordinance 1980; (b) any rights, property or assets that, immediately before that day, were vested in the Trust vest on that day, by force of this subsection, in the Commonwealth; and (c) the Commonwealth becomes, by force of this subsection, liable to pay or discharge any debts, liabilities or obligations of the Trust that existed immediately before that day. (2) Any contract to which the Trust was a party immediately before the commencing day has effect on and after that day as if: (a) the Commonwealth were substituted for the Trust as a party to the contract; and (b) any reference in the contract to the Trust were (except in relation to matters that occurred before that time) a reference to the Commonwealth. (3) If, immediately before the commencing day, proceedings to which the Trust was a party were pending in any court, the Commonwealth is, on that day, by force of this subsection, substituted for the Trust as a party to the proceedings and has the same rights in the proceedings as the party for which it is substituted. 29 Application of Commonwealth Employees (Redeployment and Retirement) Act On and after the commencing day, any functions, duties or powers under the Commonwealth Employees (Redeployment and Retirement) Act 1979 that would, if the Trust had not ceased to exist, be required to be performed or be permitted to be exercised by the Trust shall be performed or may be exercised, as the case may be, by the Secretary to the Department of the Capital Territory. 30 Registration of changes in title to land (1) Where, by reason of the operation of this Division, any interest in land situated in the Australian Capital Territory becomes vested in a person, the Secretary to the Attorney‑General's Department or a person authorized under subsection 55E(4) of the Judiciary Act 1903 may lodge with the Registrar or a Deputy Registrar of Titles of that Territory a notice, signed by the Secretary or by a person so authorized, stating that that interest in land is vested in the person by virtue of the operation of this Division, and the officer with whom the notice is so lodged shall make such entries in his registers, and do such things, as are necessary to reflect the operation of this Division in relation to that interest in land. (2) The Registrar or a Deputy Registrar of Titles of the Australian Capital Territory may, by notice in writing given to the Trust, require the Trust to produce to him any Crown lease or other document in the possession or within the control of the Trust affecting land in the Australian Capital Territory in which an interest has become vested in a person by reason of the operation of this Division. (3) If the Trust fails to comply with a requirement in a notice given to the Trust under subsection (2), the Trust is, in respect of each day (including a day of a conviction under this subsection or a subsequent day) during which the failure continues, guilty of an offence punishable on conviction by a fine not exceeding $200. (4) If a requirement under subsection (2) requires the production of a Crown lease or other document within a particular period or before a particular time, the obligation to produce the Crown lease or other document continues notwithstanding that that period has expired or that time has passed, until the Crown lease or other document is produced. (5) Charges against the Trust for any number of offences under subsection (3) may be joined in the same information if those offences relate to a failure to produce the same document. (6) If the Trust is found guilty of more than one offence under subsection (3), the court may impose one penalty in respect of all the offences, but that penalty shall not exceed the sum of the maximum penalties that could be imposed if a penalty were imposed in respect of each offence separately. 31 Officers' Rights Declaration Act Where, at the expiration of the day immediately preceding the commencing day, the repealed Officers' Rights Declaration Act 1928 applied in relation to a person who was at that time a member or employee of the Trust, that Act continues, on and after the commencing day, by force of this section, to apply in relation to that person as if the Ordinances referred to in section 28 had not been repealed but that person had on the first‑mentioned day resigned his office, or resigned from his employment with the Trust, as the case may be. Division 5—Canberra Showground Trust 32 Principal Ordinance The Canberra Showground Trust Ordinance 1976 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 33 Section 18 of the Principal Ordinance is repealed and the following section is substituted: 18 Staff (1) The Trust may engage such employees as are necessary for the performance of its functions under this Ordinance. (2) The terms and conditions of employment of persons engaged under this section (including conditions with respect to the duration of employment or with respect to dismissal from employment) are such as are determined by the Trust with the approval of the Public Service Board. Division 6—Co‑operative societies 34 Principal Ordinance The Co‑operative Societies Ordinance 1939 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 35 Interpretation [see Note 2] Section 4 of the Principal Ordinance is amended by omitting the definition of trading society. 36 Repeal of Part III [see Note 2] Part III of the Principal Ordinance is repealed. 37 Amalgamation [see Note 2] Section 18 of the Principal Ordinance is amended by omitting from subsection (1) "registered trading societies,". 38 Use of word co‑operative [see Note 2] Section 32 of the Principal Ordinance is amended: (a) by omitting from subsections (1) and (1A) "trade or" (wherever occurring); and (b) by omitting from subsection (1B) "trading or". 39 Transfer of engagements [see Note 2] Section 38 of the Principal Ordinance is amended: (a) by omitting from subsection (1) "a registered trading society,"; and (b) by omitting from subsection (1) "registered trading society,". 40 Dealings with members and applicants [see Note 2] Section 45 of the Principal Ordinance is amended by omitting from subsection (1) "through or" (first occurring). Division 7—Lakes 41 Principal Ordinance The Lakes Ordinance 1976 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 42 Interpretation Section 4 of the Principal Ordinance is amended: (a) by inserting after the definition of Dairy Bridge in subsection (1) the following definition: delegate of the Minister means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 6.; and (b) by omitting from subsection (1) the definition of Superintendent. 43 Sections 6 and 7 of the Principal Ordinance are repealed and the following sections are substituted: 6 Delegate of the Minister The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance. 7 Powers of delegate The delegate of the Minister has such powers as are conferred upon him by this Ordinance and, in addition, has all the powers of an inspector. 44 Powers to charge for admission Section 35 of the Principal Ordinance is amended by omitting from subsection (1) "Superintendent" (wherever occurring) and substituting "delegate of the Minister". Division 8—Landlord and Tenant 45 Principal Ordinance The Landlord and Tenant Ordinance 1949 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 46 Interpretation Section 8 of the Principal Ordinance is amended: (a) by omitting from subsection (1) the definition of appeal; (b) by omitting "Controller" from the definition of application in subsection (1) and substituting "Minister"; and (c) by omitting from subsection (1) the definitions of authorized officer, determination, Fair Rents Board and the Controller. 47 Repeal Division 1 of Part II of the Principal Ordinance is repealed. 48 Cessation of application of determinations Section 13A of the Principal Ordinance is amended by omitting subsection(2). 49 Lessor to furnish information to lessee Section 15 of the Principal Ordinance is amended by omitting subsection (1). 50 Application of Division Section 16 of the Principal Ordinance is amended by omitting "the Controller or a Fair Rents Board" and substituting "the Minister". 51 Repeal Divisions 3 and 4 of Part II of the Principal Ordinance are repealed. 52 Repeal Sections 30 to 35 (inclusive) of the Principal Ordinance are repealed. 53 Certain payments prohibited Section 36 of the Principal Ordinance is amended by omitting from subsection (6) the definition of weekly rent and substituting the following definition: weekly rent, in respect of prescribed premises, means the rent applicable to those premises in respect of a week. 54 Repeal Sections 42 to 55 (inclusive) of the Principal Ordinance are repealed. 55 Repeal Sections 58 and 59 of the Principal Ordinance are repealed. 56 Heading to Part IIA The heading to Part IIA of the Principal Ordinance is repealed and the following heading is substituted: Part IIA—Rent increases 57 Rent increases in relation to prescribed premises Section 62A of the Principal Ordinance is amended: (a) by omitting from subsection (8) "by a determination or"; (b) by adding at the end of paragraph (10)(a) "or"; and (c) by omitting paragraph (10)(b). 58 Repeal Sections 65 and 66 of the Principal Ordinance are repealed. 59 Application to limited class of premises Section 79 of the Principal Ordinance is repealed. 60 Exclusion of premises let for a short‑term from operation of Part Section 87 of the Principal Ordinance is amended by omitting from subsections (1), (2), (3) and (5) "Controller" and substituting "Minister". 61 Exclusion of certain premises from operation of Part Section 88 of the Principal Ordinance is amended by omitting from subsections (2), (3) and (6) "Controller" and substituting "Minister". 62 Information to be furnished on request Section 93 of the Principal Ordinance is amended by omitting from subsection (1) "Controller or an authorized officer" and substituting "Minister". 63 Powers of entry and inspection Section 94 of the Principal Ordinance is amended by omitting "Controller or an authorized officer" and substituting "Minister". 64 Proof of instruments Section 95 of the Principal Ordinance is amended by omitting "Controller" (wherever occurring) and substituting "Minister". 65 Service of notices etc. Section 95A of the Principal Ordinance is amended: (a) by omitting from paragraph (1)(b) "the Board or the Controller" and substituting "the Minister"; and (b) by omitting from subsection (2) "Controller" (wherever occurring) and substituting "Minister". Division 9—Life Insurance Holding Companies 66 Repeal of Ordinances The following Ordinances of the Australian Capital Territory are repealed: Companies (Life Insurance Holding Companies) Ordinance 1968 Companies (Life Insurance Holding Companies) Ordinance 1970 Companies (Life Insurance Holding Companies) Ordinance 1973. Division 10—Milk Authority 67 Principal Ordinance The Milk Authority Ordinance 1971 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in the Division referred to as the Principal Ordinance. 68 Interpretation Section 4 of the Principal Ordinance is amended: (a) by inserting after the definition of authorized officer in subsection (1) the following definition: distributor means a person who is a party to a contract with the Authority for the distribution of milk to places other than residential premises.; (b) by inserting after the definition of person in subsection (1) the following definition: price includes every valuable consideration, whether direct or indirect.; and (c) by inserting after the definition of process in subsection (1) the following definition: processor means a person who is a party to a contract with the Authority for the processing of milk. 69 Inspectors Section 5 of the Principal Ordinance is amended by omitting from subsection (1) "Minister" and substituting "Authority". 70 Section 15 of the Principal Ordinance is repealed and the following sections are substituted: 14A Staff (1) The Authority may engage such employees as are necessary for the performance of its functions under this Ordinance. (2) The terms and conditions of employment of persons engaged under this section (including conditions with respect to the duration of employment or with respect to dismissal from employment) are such as are determined by the Authority with the approval of the Public Service Board. 15 Secretary and Assistant Secretary to Authority (1) The Authority may appoint a person employed under section 14A to be Secretary to the Authority. (2) The Authority may appoint a person employed under section 14A to be Assistant Secretary to the Authority. (3) The person appointed to be Assistant Secretary to the Authority has and may exercise and perform such of the powers and functions of the Secretary to the Authority as the Authority directs. 71 Functions of Authority Section 16 of the Principal Ordinance is amended by omitting from subsection (2) "does not include" and substituting "includes". 72 After section 16 of the Principal Ordinance the following sections are inserted: 16A Fixing of prices (1) The Authority may, by notice in writing published in the Gazette, fix and declare: (a) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by retail; (b) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by processors to the holders of Vendor's Licences or Vendor's Permits; (c) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by processors to distributors; and (d) the maximum price at which milk of a specified kind in a container of a specified kind may be sold by distributors. (2) A reference in subsection (1) to a container of a specified kind shall be read as including a reference to a container of a specified size and to a container of a specified size that has specified characteristics. 16B Powers of Minister in relation to maximum prices (1) The Minister may, by writing signed by him and delivered to the Secretary to the Authority, request the Authority to give further consideration to any maximum price fixed by the Authority under section 16A and to report the result of its further consideration to him within 28 days of the delivery of the request, and the Authority shall comply with that request. (2) Where as the result of its consideration, in response to a request under subsection (1), of the maximum price in relation to a class of sales of milk, the Authority decides that in lieu of that maximum price another maximum price should be fixed, the Authority shall, in accordance with section 16A, forthwith fix and declare that other maximum price in relation to that class of sales. (3) Where the Minister makes a request for a report under subsection (1) in respect of a maximum price, he may, by notice published in the Gazette, suspend the operation of that price until notice of the receipt of the report is published in the Gazette. (4) For the purposes of this Ordinance (other than this section), during the suspension, by virtue of subsection (3), of the operation of a maximum price in relation to a class of sales of milk fixed under a paragraph of subsection 16A(1): (a) that maximum price shall be deemed not to be so fixed; and (b) the maximum price (if any) that applied (whether by virtue of this Ordinance, the Prices Regulation Ordinance 1949 of the Australian Capital Territory as amended or section 75 of the Commonwealth Functions (Statutes Review) Act 1981) in relation to that class of sales immediately before that first‑mentioned maximum price was fixed shall be deemed to be the maximum price in relation to that class of sales fixed under that paragraph. (5) Where the Minister has published a notice under subsection (3) in respect of a maximum price, he shall, on receipt of the report of the Authority requested by him in respect of that price, publish notice of the receipt of the report in the Gazette. 73 Powers of Authority Section 17 of the Principal Ordinance is amended by adding at the end of paragraph (1)(e) or in relation to the price at which milk ought to be sold or the charges that ought to be made in connection with the sale of milk. 74 After section 49A of the Principal Ordinance the following section is inserted: 49B Price offences (1) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by retail is fixed under paragraph 16A(1)(a), a person shall not sell, or offer for sale, by retail any milk of that kind in a container of that kind at a greater price than that maximum price. (2) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by processors to the holders of Vendor's Licences or Vendor's Permits is fixed under paragraph 16A(1)(b), a processor shall not sell or offer for sale any milk of that kind in a container of that kind to such holders at a price greater than that maximum price. (3) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by processors to distributors is fixed under paragraph 16A(1)(c), a processor shall not sell or offer for sale any milk of that kind in a container of that kind to distributors at a price greater than that maximum price. (4) Where the maximum price at which milk of a particular kind in a container of a particular kind may be sold by distributors is fixed under paragraph 16A(1)(d), a distributor shall not sell or offer for sale any milk of that kind in a container of that kind at a price greater than that maximum price. (5) A reference in this section to a container of a particular kind shall be read as including a reference to a container of a particular size and to a container of a particular size that has particular characteristics. Penalty: $1,000. 75 Saving If section 80 comes into operation before prices relating to the sale of milk in the Australian Capital Territory are fixed under section 16A of the Principal Ordinance as amended by this Division: (a) the maximum prices relating to the sale of milk in that Territory under the Ordinances repealed by section 80 that were applicable immediately before the repeal of those Ordinances took effect continue in force until prices relating to the sale of milk in that Territory are fixed under section 16A of the Principal Ordinance as amended by this Division; and (b) if a maximum price is in force in relation to a particular class of sales of milk in the Territory by virtue of paragraph (a), a person who sells or offers to sell milk to which that maximum price is applicable at a price that exceeds that maximum price is guilty of an offence punishable upon conviction by a fine not exceeding $1,000. Division 11—Nature Conservation 76 Principal Ordinance The Nature Conservation Ordinance 1980 of the Australian Capital Territory is in this Division referred to as the Principal Ordinance. 77 Interpretation Section 5 of the Principal Ordinance is amended by omitting the definitions of Chairman and Council. 78 Termination of office of Conservator Section 10 of the Principal Ordinance is amended by omitting subsection (2) and substituting the following subsection: (2) If the Conservator becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit, the Minister shall terminate his appointment. 79 Repeal Part II of the Principal Ordinance is repealed. Division 12—Prices Regulation 80 Repeal The following Ordinances of the Australian Capital Territory are repealed: Prices Regulation Ordinance 1949 Prices Regulation Ordinance 1973 Prices Regulation Ordinance 1974. Division 13—Rabbit destruction 81 Principal Ordinance The Rabbit Destruction Ordinance 1919 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 82 Amendment of Regulation Regulation 2 in force under the Principal Ordinance is amended by omitting the definition of Receiver. 83 Repeal of Regulations Regulations 21, 22 and 23 in force under the Principal Ordinance are repealed. Division 14—Sewerage rates 84 Principal Ordinance The Sewerage Rates Ordinance 1968 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 85 Interpretation Section 4 of the Principal Ordinance is amended: (a) by inserting after the definition of appropriate officer in subsection (1) the following definition: delegate of the Minister means the person who is the delegate of the Minister for the purposes of this Ordinance by virtue of an appointment under section 17.; and (b) by omitting from subsection (1) the definition of the authorized officer. 86 Delegate and inspectors Section 17 of the Principal Ordinance is amended by omitting subsection (1) and substituting the following subsection: (1) The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance. 87 Accounts for rates Section 19 of the Principal Ordinance is amended by omitting from subsections (1) and (3) "authorized officer" and substituting "delegate of the Minister". 88 Evidence Section 24 of the principal Ordinance is amended by omitting from subsection (1) "authorized officer" (wherever occurring) and substituting "delegate of the Minister". Division 15—Surveyors 89 Repeal The following Ordinances of the Australian Capital Territory are repealed: Surveyors Ordinance 1967 Surveyors Ordinance 1970 Surveyors Ordinance (No. 2) 1970 Surveyors Ordinance 1975 Surveyors (Amendment) Ordinance 1976 Surveyors (Amendment) Ordinance 1977 Surveyors (Amendment) Ordinance 1978. Division 16—Trading hours 90 Repeal The following Ordinances of the Australian Capital Territory are repealed: Trading Hours Ordinance 1962 Trading Hours Ordinance 1968 Trading Hours Ordinance 1971 Trading Hours Ordinance 1972 Trading Hours (Amendment) Ordinance 1977. Division 17—Water rates 91 Principal Ordinance The Water Rates Ordinance 1959 of the Australian Capital Territory as amended and in force immediately before the commencement of this section is in this Division referred to as the Principal Ordinance. 92 Interpretation Section 4 of the Principal Ordinance is amended: (a) by inserting before the definition of Department in subsection (1) the following definition: delegate of the Minister means the person who is the delegate of Minister for the purposes of this Ordinance by virtue of an appointment under section 21A.; and (b) by omitting from subsection (1) the definition of proper authority. 93 Reading of meters Section 17 of the Principal Ordinance is amended by omitting "proper authority" (wherever occurring) and substituting "delegate of the Minister". 94 Additional meter readings Section 18 of the Principal Ordinance is amended by omitting "proper authority" (wherever occurring) and substituting "delegate of the Minister". 95 Meter not registering Section 19 of the Principal Ordinance is amended by omitting from subsection (1) "proper authority" and substituting "delegate of the Minister". 96 Notice of results of meter readings Section 20 of the Principal Ordinance is amended by omitting "proper authority" and substituting "delegate of the Minister". 97 Rates certificate where land metered Section 20A of the Principal Ordinance is amended by omitting "proper authority" and substituting "delegate of the Minister". 98 Rates certificate where land unmetered or not connected to system of works Section 20B of the Principal Ordinance is amended by omitting "proper authority" and substituting "delegate of the Minister". 99 Testing of meters Section 21 of the Principal Ordinance is amended by omitting from subsection (1) "proper authority" (wherever occurring) and substituting "delegate of the Minister". 100 Before section 22 of the Principal Ordinance the following section is inserted in Part IV: 21A Appointment of delegate of the Minister The Minister may, by writing under his hand, appoint a person to be his delegate for the purposes of this Ordinance. 101 Accounts for rates Section 24 of the Principal Ordinance is amended by omitting "proper authority" and substituting "delegate of the Minister". 102 Special accounts for rates Section 25 of the Principal Ordinance is amended by omitting from subsections (1) and (2) "proper authority" (wherever occurring) and substitute "delegate of the Minister". 103 Closing or cutting off of water pipes for non‑payment of rates Section 27 of the Principal Ordinance is amended by omitting from subsection (1) "proper authority" and substituting "delegate of the Minister". 104 Entry of land by Delegate or meter reader Section 33 of the Principal Ordinance is amended by omitting from subsections (1) and (2) "proper authority" and substituting "delegate of the Minister". Division 18—Miscellaneous 105 Power to amend Ordinances and Regulations Nothing in this Part prevents: (a) the amendment or repeal by an Ordinance under the Seat of Government (Administration) Act 1910 of an Ordinance of the Australian Capital Territory that has been amended by this Part; or (b) the amendment or repeal by regulations made pursuant to an Ordinance under that Act of a provision of a regulation made under that Ordinance where that provision has been amended by this Part. 106 Part to be deemed to be an Ordinance (1) This Part shall be deemed to be an Ordinance of the Australian Capital Territory for the purposes of section 38 of the Interpretation Ordinance 1967 of the Australian Capital Territory as amended and in force for the time being. (2) Where a Division of this Part amends an Ordinance of the Australian Capital Territory, the provisions of that Division shall be construed with that Ordinance and as part of it. Part III—Australian Postal Commission 107 Principal Act The Postal Services Act 1975 is in this Part referred to as the Principal Act. 108 Interpretation Section 3 of the Principal Act is amended by omitting from the definition of postal article in subsection (1) "or an article not transmissible by post but transmissible by the courier service". 109 Courier service Section 10 of the Principal Act is repealed. 110 Protection from actions Section 104 of the Principal Act is amended by omitting from subsection (1) "or of articles transmitted by the courier service". 111 By‑laws Section 115 of the Principal Act is amended by omitting paragraph (1)(p). 112 Regulations Section 116 of the Principal Act is amended by omitting from paragraph (g) "or by the courier service". 113 Transitional Notwithstanding the amendments of the Principal Act made by this Part, the Australian Postal Commission may continue to operate a courier service as provided by the Principal Act for the purpose of the conveyance and delivery of any article that had been collected by the Commission before the commencement of this Part for conveyance and delivery pursuant to the courier service but had not been delivered before that commencement. Part V—Bankruptcy 122 Principal Act The Bankruptcy Act 1966 is in this Part referred to as the Principal Act. 123 Duties etc. of trustee (1) Section 19 of the Principal Act is amended: (a) by omitting from subsection (1) "Official Receiver" and substituting "trustee"; (b) by omitting paragraph (1)(c) and substituting the following paragraph: (c) if the trustee, having regard to all the circumstances of the case, considers it desirable to do so, to investigate: (i) the conduct, dealings, and transactions of the bankrupt; (ii) the cause of bankruptcy; and (iii) the books, accounts and records kept by the bankrupt, and, if he conducts such an investigation, to file with the Registrar a report showing the result of the investigation; (c) by omitting from paragraph (1)(d) "an officer, or other person authorized in writing by the Official Receiver," and substituting "a person authorized in writing by the trustee"; (d) by omitting paragraph (1)(g) and substituting the following paragraph: (g) if an investigation referred to in paragraph (c) is made in relation to the bankrupt, to file from time to time such supplementary reports in relation to the matters specified in that paragraph as the trustee considers desirable, having regard to all the circumstances of the case.; and (e) by omitting from subsection (2) "Official Receiver" and substituting "trustee". (2) The amendments of sec