Commonwealth Numbered Acts

TRANSPORT LEGISLATION AMENDMENT (SEARCH AND RESCUE SERVICE) ACT 1997 No. 130 of 1997 - SCHEDULE 4

SCHEDULE 4ÐTRANSITIONAL 1. Interpretation In this Schedule, unless the
contrary intention appears:
AA means Airservices Australia established by the Air Services Act.
Air Services Act means the Air Services Act 1995.
AMSA means the Australian Maritime Safety Authority established by the
Australian Maritime Safety Authority Act 1990.
assets means any legal or equitable estates or interests in real or personal
property, whether actual, contingent or prospective, and includes all rights,
powers, privileges and immunities, whether actual, contingent or prospective.
authorised person means the Minister, or an officer of the Department
authorised by the Minister for the purposes of this Schedule.
commencing time means the time when this Schedule commences.
instrument includes a document and an oral agreement. 2. Transfer of certain
AA assets to AMSA

(1) If an asset of AA is identified in a written determination that:

   (a)  is made by an authorised person for the purposes of this clause; and

   (b)  takes effect at the commencing time; the asset becomes an asset of
        AMSA at the commencing time.

(2) If an asset of AA is identified in a written determination that:

   (a)  is made, after the commencing time, by an authorised person for the
        purposes of this clause; and

   (b)  states that the asset is to become an asset of AMSA on the day
        specified in the determination; the asset becomes an asset of AMSA on
        that day.

(3) A transfer effected by this clause of an asset is not a disposal of that
asset for the purposes of Part IIIA of the Income Tax  Assessment Act 1936 .
3. References in certain instruments

(1) If an instrument of AA is identified in a written determination that:

   (a)  is made by an authorised person for the purposes of this clause; and

   (b)  takes effect at the commencing time; the instrument continues to have
        effect, on and after the commencing time, as if a reference in the
        instrument to AA were a reference to AMSA.

(2) If an instrument of AA is identified in a written determination that:

   (a)  is made by an authorised person for the purposes of this clause; and

   (b)  states that the instrument is to have effect, on and after the day
        specified in the determination, as if a reference in the instrument to
        AA were a reference to AMSA; the instrument continues to have effect,
        on and after that day, as if a reference in the instrument to AA were
        a reference to AMSA. 4. Value of assets transferred from AA to AMSA

(1) The Minister must make a written determination specifying the value, at
the commencing time, of any asset transferred from AA to AMSA under subclause
2(1).

(2) The Minister may make a written determination specifying the value, at the
time of transfer, of any asset transferred from AA to AMSA under subclause
2(2).

(3) On the transfer of an asset in respect of which a determination has been
made under this clause, AA and AMSA must make all necessary adjustments to
their capital accounts based on the value of the asset as specified in the
determination. 5. Legal proceedings by AA
Despite the amendment of the Air Services Act by Schedule 2, AA may institute
or continue any legal proceedings that relate to the performance before the
commencement of that Schedule of its function of providing a search and rescue
service under paragraph 8(1)(b) of that Act. 6. Regulations

(1) The Governor-General may make regulations prescribing matters necessary or
convenient to be prescribed for carrying out or giving effect to this
Schedule.

(2) In particular, regulations may be made in relation to transitional matters
arising out of the transfer of the search and rescue function from AA to AMSA,
or otherwise arising out of the enactment of this Schedule.

[Minister's second reading speech made in -
House of Representatives on 25 June 1997
Senate on 28 August 1997]