Commonwealth Consolidated Acts

AUSTRALIAN LAW REFORM COMMISSION (REPEAL, TRANSITIONAL AND MISCELLANEOUS) ACT 1996 - SCHEDULE 1

1  At the end of subsection 5(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 executive officers.

2  Paragraph 17(2)(b)

Repeal the paragraph, substitute:

                     (b)  the member fails, without reasonable excuse, to comply with section 21 of the Commonwealth Authorities and Companies Act 1997 or section 39 of this Act.

3  After subsection 17(3)

Insert:

          (3A)  If the Attorney‑General is satisfied that the members who comprise the Board (except the President) have, without reasonable excuse, failed to comply with subsection 13(3) of the Commonwealth Authorities and Companies Act 1997 , or with paragraph 16(1)(a) or (b) of that Act, the Attorney‑General may terminate the appointment of some or all of those members.

4  Subsection 17(4)

Omit "(2) and (3)", substitute "(2), (3) and (3A)".

5  At the end of section 26

Add:

             (4)  This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Commission.

6  At the end of section 31

Add:

             (2)  This section has effect subject to the Commonwealth Authorities and Companies Act 1997 .

7  Section 33

Repeal the section.

8  Subsection 39(1)

Omit "direct or indirect pecuniary", substitute "material personal".

9  Subsection 39(4)

Omit "direct or indirect pecuniary", substitute "material personal".

10  Subsections 45(3), (4) and (5)

Repeal the subsections.

11  At the end of section 47

Add:

             (2)  Subsection (1) does not prevent the investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

12  Section 48

Repeal the section.