Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1—Amendments
Trade Union Training Authority Act 1975
1 Section 3
Repeal the section, substitute:
In this Act, unless the contrary intention appears:
"Administrator" means the Administrator of the Authority.
"Authority" means the Australian Trade Union Training Authority established by this Act.
"Secretary" means the person for the time being holding, or performing the duties of, the office of Secretary to the Department.
2 Section 5
Repeal the section, substitute:
The functions of the Authority are to:
(a) wind up the Authority’s operations; and
(b) dispose of the Authority’s assets.
3 Paragraph 7(2)(b)
After “acquire”, insert “personal property”.
4 Paragraph 7(2)(c)
Repeal the paragraph.
5 Paragraph 7(2)(e)
Omit “to the College or to a Trade Union Training Centre,”.
6 Paragraph 7(2)(f)
Repeal the paragraph, substitute:
(f) to dispose of investments.
7 Section 7A
Repeal the section.
8 Subsections 8(1) and (2)
Omit “Executive Council”, substitute “Administrator”.
9 Part III (heading)
Repeal the heading, substitute:
10 Section 8A
Repeal the section, substitute:
(1) There is to be an Administrator of the Australian Trade Union Training Authority.
(2) The Administrator is responsible for the conduct of the affairs of the Authority and the performance of its functions.
11 Section 8B
Omit “Executive Officer”, substitute “Administrator”.
Note: The heading to section 8B is altered by omitting “ Executive Officer ” and substituting “ Administrator ”.
12 Section 8C
Repeal the section.
13 Section 8D
Repeal the section, substitute:
8D Appointment etc. of Administrator
(1) The Commonwealth may enter into a contract with a person under which the person is appointed the Administrator.
(2) The terms and conditions of appointment are as set out in the contract.
14 Sections 8E, 8F, 8G, 8H, 8J and 8K
Repeal the sections.
15 Section 8L
Omit “Minister” (wherever occurring), substitute “Secretary”.
16 Section 8L
Omit “Executive Officer” (wherever occurring), substitute “Administrator”.
Note: The heading to section 8L is altered by omitting “ Executive Officer ” and substituting “ Administrator ”.
17 Subsection 8L(6)
Repeal the subsection.
18 Parts IV and V
Repeal the Parts.
19 Subsection 41(1)
Omit “The”, substitute “Subject to subsection (3), the”.
20 Subsections 41(1) and (2)
Omit “Executive Officer” (wherever occurring), substitute “Administrator”.
21 At the end of section 41
Add:
(3) The Administrator must not appoint an officer or engage an employee without the Secretary’s approval.
22 Subsection 44(1)
Omit “sub‑section (2)”, substitute “subsections (2) and (3)”.
23 At the end of section 44
Add:
(3) The Authority must pay to the Commonwealth any money that the Authority receives:
(a) as payments of amounts owed to the Authority; or
(b) from disposal of the Authority’s assets.
24 Section 47
After “Minister”, insert “, or an officer of the Department authorised by the Minister”.
25 Paragraph 47(a)
Omit “or receipt”.
26 Paragraph 47(a)
Omit “$50,000”, substitute “$5,000”.
27 Paragraph 47(b)
Omit “for a period exceeding 10 years”.
28 At the end of section 47
Add:
; or (c) enter into a contract involving the disposal of real property.
29 Section 51
Repeal the section.
30 Section 52
Repeal the section, substitute:
52 Delegation of Administrator’s functions and powers
The Secretary may, by signed instrument, delegate to an officer of the Department all or any of the Administrator’s functions and powers under this Act.
31 Sections 53 and 54
Repeal the sections.
32 Subsection 58(2)
Omit “College and at each of the Trade Union Training Centres”, substitute “Australian Trade Union Training College, and at each of the Trade Union Training Centres, formerly established under this Act”.
Part 2—Transitional provision relating to the amendments
33 Engagement, arrangements and contracts
Any engagement, arrangement or contract entered into by or on behalf of the Authority and in force immediately before the commencement of this Part has effect on and after that commencement as if any reference in it to:
(a) the Executive Officer; or
(b) the Chairperson of the Executive Council of the Authority;
were (except in relation to matters that occurred before that day) a reference to the Administrator.
Part 3—Repeal
Trade Union Training Authority Act 1975
34 The whole of the Act
Repeal the Act.
Part 4—Transitional provisions relating to the repeal
35 Definition
In this Part, unless the contrary intention appears:
"commencing day" means the day on which this Part comes into operation.
36 Transfer of assets, liabilities etc.
(1) Any rights, property or assets that immediately before the commencing day were vested in the Authority are vested in the Commonwealth on the commencing day.
(2) On the commencing day, the Commonwealth becomes liable to pay and to discharge any debts, liabilities or obligations of the Authority that existed immediately before that day.
37 Engagements, arrangements and contracts
(1) Subject to subitem (2), any engagement, arrangement or contract entered into by or on behalf of the Authority and in force immediately before the commencing day continues in force despite the repeal of the Trade Union Training Authority Act 1975 .
(2) This item does not apply to an engagement, arrangement or contract that constitutes a contract of employment or a contract for services.
(3) An engagement, arrangement or contract that continues in force under subsection (1) has effect on and after the commencing day as if:
(a) any reference in it to the Authority were (except in relation to matters that occurred before that day) a reference to the Commonwealth; and
(b) any reference in it to the Administrator, the Executive Officer or the Chairperson of the Executive Council of the Authority were (except in relation to matters that occurred before that day) a reference to the Minister or a person authorised by the Minister.
38 Exemption from taxation
(1) An instrument or a document that was made, executed or given because of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory if the document has been certified under subsection (2).
(2) The Secretary, or an officer of the Department authorised by the Secretary for the purpose, may certify that an instrument or document was made, executed or given because of, or for a purpose connected with or arising out of, the operation of this Part.
39 Report on operations of Authority
As soon as practicable after the commencing day, the Minister must cause to be prepared:
(a) a report of the Authority’s operations during the period that started at the end of the last period in respect of which a report of the operations of the Authority were furnished to the Minister and that ended immediately before the commencing day; and
(b) financial statements in respect of that period in such form as the Minister for Finance approves.
40 Audit of financial statements
(1) The Minister must cause the financial statements prepared in accordance with item 39 to be given to the Auditor‑General.
(2) The Auditor‑General must report to the Minister:
(a) whether, in the Auditor‑General’s opinion, the statements are based on proper accounts and records; and
(b) whether the statements are in agreement with the accounts and records and, in the Auditor‑General’s opinion, show fairly the financial transactions and the state of the affairs of the Authority; and
(c) whether, in the Auditor‑General’s opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets, by the Authority during the period to which the statements relate have been in accordance with the Trade Union Training Authority Act 1975 ; and
(d) as to such other matters arising out of the statements as the Auditor‑General thinks should be reported to the Minister.
41 Reports and financial statements to be laid before Parliament
The Minister must cause copies of the report and financial statements referred to in item 39, together with a copy of the Auditor‑General’s report under item 40, to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the Auditor‑General’s report.
42 Appropriation
(1) This item applies if, by an Act, money has been appropriated before the commencing day for expenditure by the Authority under the Trade Union Training Authority Act 1975 in the financial year in which the commencing day occurs.
(2) So much of that money as has not been expended before the commencing day is appropriated for expenditure in that year by the Department:
(a) in the discharge of the liability imposed upon the Commonwealth by subitem 36(2); and
(b) in the making of payments required to be made under the engagements, arrangements and contracts referred to in item 37; and
(c) in the discharge of costs, expenses and other obligations incurred in the performance by the Department of functions that could have been performed by the Authority if the Trade Union Training Authority Act 1975 had not been repealed; and
(d) in the payment of expenses associated with termination payments for persons who held offices or positions under, or who were employed under, the Trade Union Training Authority Act 1975 .
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