2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 (Employment and Workplace Relations) A Bill for an Act to provide for consequential and transitional matters relating to the enactment of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 and the repeal of certain stevedoring legislation, and for related purposes [Page Break] 1 Short title.......................................................................................1 2 Commencement .............................................................................2 3 Schedule(s)....................................................................................2 4 Transfer of liabilities from Stevedoring Industry Finance Committee to Commonwealth ........................................................3 5 Compensation for acquisition of property........................................3 6 Regulations....................................................................................3 Schedule 1--Amendment of the Safety, Rehabilitation and Compensation Act 1988 5 Safety, Rehabilitation and Compensation Act 1988 5 Schedule 2--Repeal of certain stevedoring legislation 6 Stevedoring Industry Finance Committee Act 1977 6 Stevedoring Industry Levy Act 1977 6 Stevedoring Industry Levy Collection Act 1977 6 i Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] 2 transitional matters relating to the enactment of the 3 Asbestos-related Claims (Management of 4 Commonwealth Liabilities) Act 2005 and the repeal 5 of certain stevedoring legislation, and for related 6 purposes 7 The Parliament of Australia enacts: 8 1 Short title 9 This Act may be cited as the Asbestos-related Claims 10 (Management of Commonwealth Liabilities) (Consequential and 11 Transitional Provisions) Act 2005. Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 1 [Page Break] 2 (1) Each provision of this Act specified in column 1 of the table 3 commences, or is taken to have commenced, in accordance with 4 column 2 of the table. Any other statement in column 2 has effect 5 according to its terms. 6 Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Section 4 Immediately after the commencement of Part 2 of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005. 3. Sections 5 and The day on which this Act receives the 6 Royal Assent. 4. Schedule 1 At the same time as Part 2 of the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 commences. 5. Schedule 2 Immediately after the commencement of section 4 of this Act. 7 Note: This table relates only to the provisions of this Act as originally 8 passed by the Parliament and assented to. It will not be expanded to 9 deal with provisions inserted in this Act after assent. 10 (2) Column 3 of the table contains additional information that is not 11 part of this Act. Information in this column may be added to or 12 edited in any published version of this Act. 13 3 Schedule(s) 14 Each Act that is specified in a Schedule to this Act is amended or 15 repealed as set out in the applicable items in the Schedule 16 concerned, and any other item in a Schedule to this Act has effect 17 according to its terms. 2 Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] 2 Committee to Commonwealth 3 On the commencement of this section: 4 (a) a liability of any kind (whether actual, potential or 5 contingent) of the Stevedoring Industry Finance Committee 6 established by section 4 of the Stevedoring Industry Finance 7 Committee Act 1977 ceases to be a liability of the Committee 8 and becomes a liability of the Commonwealth; and 9 (b) the Commonwealth becomes the successor in law in relation 10 to the liability. 11 5 Compensation for acquisition of property 12 (1) If the operation of this Act would result in an acquisition of 13 property from a person otherwise than on just terms, the 14 Commonwealth is liable to pay a reasonable amount of 15 compensation to the person. 16 (2) If the Commonwealth and the person do not agree on the amount 17 of the compensation, the person may institute proceedings in a 18 court of competent jurisdiction for the recovery from the 19 Commonwealth of such reasonable amount of compensation as the 20 court determines. 21 (3) The Consolidated Revenue Fund is appropriated for the purposes 22 of this section. 23 (4) In this section: 24 acquisition of property has the same meaning as in paragraph 25 51(xxxi) of the Constitution. 26 just terms has the same meaning as in paragraph 51(xxxi) of the 27 Constitution. 28 6 Regulations 29 (1) The Governor-General may make regulations prescribing matters: 30 (a) required or permitted by this Act to be prescribed; or 31 (b) necessary or convenient to be prescribed for carrying out or 32 giving effect to this Act. Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 3 [Page Break] 2 transitional nature (including prescribing any saving or application 3 provisions) relating to: 4 (a) the enactment of the Asbestos-related Claims (Management 5 of Commonwealth Liabilities) Act 2005; or 6 (b) the enactment of this Act; or 7 (c) the amendments or repeals made by this Act. 4 Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 [Page Break] 1 2 Schedule 1--Amendment of the Safety, 3 Rehabilitation and Compensation Act 4 1988 5 6 Safety, Rehabilitation and Compensation Act 1988 7 1 At the end of section 69 8 Add: 9 Note: Functions have also been conferred on Comcare by other Acts, such as 10 the Asbestos-related Claims (Management of Commonwealth 11 Liabilities) Act 2005 and the Occupational Health and Safety 12 (Commonwealth Employment) Act 1991. 13 2 Subsection 73A(1) 14 After "other Act", insert "(except the Asbestos-related Claims 15 (Management of Commonwealth Liabilities) Act 2005)". 16 3 At the end of section 73B 17 Add: 18 Note: In certain circumstances Comcare requires the consent of the Minister 19 before delegating the function conferred on it by section 12 of the 20 Asbestos-related Claims (Management of Commonwealth Liabilities) 21 Act 2005 or a power to do anything in connection with the 22 performance of that function: see section 14 of that Act. 23 4 Subsection 91(1) 24 After "section 90D", insert "of this Act or section 8 of the 25 Asbestos-related Claims (Management of Commonwealth Liabilities) 26 Act 2005". 27 5 Paragraph 91(3)(a) 28 Omit "and under the Occupational Health and Safety (Commonwealth 29 Employment) Act 1991", substitute ", the Occupational Health and 30 Safety (Commonwealth Employment) Act 1991 or the Asbestos-related 31 Claims (Management of Commonwealth Liabilities) Act 2005". Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005 5 [Page Break] 1 2 Schedule 2--Repeal of certain stevedoring 3 legislation 4 5 1 Repeal of Acts 6 The Acts specified in this Schedule are repealed. 7 Stevedoring Industry Finance Committee Act 1977 8 Stevedoring Industry Levy Act 1977 9 Stevedoring Industry Levy Collection Act 1977 6 Asbestos-related Claims (Management of Commonwealth Liabilities) (Consequential and Transitional Provisions) Bill 2005 No. , 2005