Australian Capital Territory Bills Explanatory Statements
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HOTEL SCHOOL (REPEAL) BILL 2005
TED QUINLAN
MLA
TREASURER
2005
THE
LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPTIAL
TERRITORY
HOTEL
SCHOOL (REPEAL) BILL 2005
EXPLANATORY
STATEMENT
Hotel School (Repeal) Bill
2005
OUTLINE
The objective of this Bill is to repeal the
Hotel School Act 1996 to coincide with the sale of the business
undertakings of the Australian International Hotel
School.
Upon repeal of the legislation the
Territory will become the legal owner replacing the Australian International
Hotel School as the relevant party to all contracts and legal proceedings.
Financial
Implications
The Bill itself does not contain any significant
financial implications. However, the Territory will receive certain financial
benefits arising from the subsequent sale of the
school.
Details of the
Bill
PART 1 Preliminary
Section
1 Name of
Act
States the name of
the Act.
Section
2 Commencement
Sets the date of commencement of the Act on a day to be
fixed by the Minister. This Act will expire unless it has commenced within 6
months of being notified.
Section
3 Notes
Explains a note
is provided as a guide and is not part of the Act.
Section
4 Meaning of school for this
Act
Provides that for
the purposes of this Act school refers to the
Australian International Hotel School.
PART 2 Repeal of
legislation
Section
5 Repeal of
legislation
Simply
repeals the Act and also various instruments as
identified.
PART
3 Assets, rights and liabilities
Section
6 Vesting of assets, rights and
liabilities
Transfers
the assets, rights and liabilities from the AIHS to the Territory.
Section
7 Proceedings and
evidence
Provides that
proceedings that would otherwise for this Act be rightly commenced against the
AIHS may legitimately be tried against the Territory.
PART 4 Reports and financial
statements of school
Section
8 Continuation of school for annual
reports
Provides for
the AIHS to perform certain functions after the transfer in order to fulfil
certain reporting requirements.
Section
9 Continuation of board members for certain
purposes
Provides for
the board of management to continue to exist after repeal of the enabling
legislation until the reporting functions have been fulfilled.
PART 5 Other
provisions
Section
10
Records
Provides
for the records of the school to be transferred from the Territory to the
operator of the school.
Section
11 References to
school
Provides for
the school to be taken as a reference to the Territory in any contract,
agreement or arrangement that transfers to the Territory.
Section
12 Transitional
regulations
Provides
that regulations may be made as if required as a result of this Act.
Section
13 Taxation (Government Business Enterprises)
Regulation 2003,
s4
Removes the AIHS
from this regulation.
Section
14
Expiry
Provides
for the Act to cease 1 year after it commences.
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