Statute Update (Smaller Government) Act 2018， 澳大利亚

Act 2018

No. 4, 2018

bodies, and for other purposes

(https://www.legislation.gov.au/)

Note: An electronic version of this Act is available on the Federal Register of Legislation

Statute Update (Smaller Government)

An Act to make various amendments of the statute

law of the Commonwealth to abolish statutory

Authorised Version C2018A00004

Authorised Version C2018A00004

Authorised Version C2018A00004

Contents 1 Short title ...........................................................................................1

2 Commencement.................................................................................2

3 Schedules...........................................................................................2

Schedule 1—Tradespersons’ rights committees 3

Part 1—Repeals of Acts 3

Tradespersons’ Rights Regulation Act 1946 3

Part 2—Other amendments 4

Sea Installations Act 1987 4

Schedule 2—Oil Stewardship Advisory Council 5

Product Stewardship (Oil) Act 2000 5

Schedule 3—Product Stewardship Advisory Group 6

Product Stewardship Act 2011 6

Schedule 4—Advisory Group of the Australian Sports

Anti-Doping Authority 7

Australian Sports Anti-Doping Authority Act 2006 7

Schedule 5—Plant Breeder’s Rights Advisory Committee 11

Plant Breeder’s Rights Act 1994 11

Schedule 6—Development Allowance Authority 13

Part 1—Repeals of Acts 13

Development Allowance Authority Act 1992 13

Infrastructure Certificate Cancellation Tax Act 1994 13

Part 2—Other amendments 14

Airports (Transitional) Act 1996 14

Income Tax Assessment Act 1936 14

Income Tax Assessment Act 1997 14

Taxation Administration Act 1953 16

Part 3—Application of amendments 17

Schedule 7—Corporations and Markets Advisory Committee 18

No. 4, 2018 Statute Update (Smaller Government) Act 2018 i

Authorised Version C2018A00004

Part 1—Amendments 18

Australian Securities and Investments Commission Act 2001 18

Part 2—Transitional and saving provisions 20

Statute Update (Smaller Government) Act 2018 No. 4, 2018ii

Authorised Version C2018A00004

Statute Update (Smaller Government)

Act 2018

No. 4, 2018

An Act to make various amendments of the statute

law of the Commonwealth to abolish statutory

bodies, and for other purposes

[Assented to 20 February 2018]

The Parliament of Australia enacts:

1 Short title

This Act is the Statute Update (Smaller Government) Act 2018.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 1

Authorised Version C2018A00004

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1 Column 2 Column 3

Provisions Commencement Date/Details

1. The whole of The day after this Act receives the Royal 21 February

this Act Assent. 2018

Note: This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Statute Update (Smaller Government) Act 2018 No. 4, 20182

Authorised Version C2018A00004

Tradespersons’ rights committees Schedule 1

Repeals of Acts Part 1

Schedule 1—Tradespersons’ rights committees

Part 1—Repeals of Acts

Tradespersons’ Rights Regulation Act 1946

1 The whole of the Act

Repeal the Act.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 3

Authorised Version C2018A00004

Schedule 1 Tradespersons’ rights committees

Part 2 Other amendments

Part 2—Other amendments

Sea Installations Act 1987

2 Schedule

Omit “Tradespersons’ Rights Regulation Act 1946”.

Statute Update (Smaller Government) Act 2018 No. 4, 20184

Authorised Version C2018A00004

Oil Stewardship Advisory Council Schedule 2

Schedule 2—Oil Stewardship Advisory Council

Product Stewardship (Oil) Act 2000

1 Subsection 6(1) (definition of Advisory Council)

Repeal the definition.

2 Subsection 6(1) (definition of voting member)

Repeal the definition.

3 Subsection 10(4)

Omit “The Minister may also take into consideration any relevant

recommendation made to the Minister by the Advisory Council.”.

4 Part 3

Repeal the Part.

5 Saving provision—protection from civil actions

Despite the repeal of Part 3 of the Product Stewardship (Oil) Act 2000

by this Schedule, section 31 of that Act, as in force immediately before

the commencement of this item, continues to apply on and after that

commencement in relation to an act done or omitted to be done before

that commencement by a member of the Oil Stewardship Advisory

Council.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 5

Authorised Version C2018A00004

Schedule 3 Product Stewardship Advisory Group

Schedule 3—Product Stewardship Advisory Group

Product Stewardship Act 2011

1 Section 6 (definition of Advisory Group)

Repeal the definition.

2 Section 108B

Repeal the section.

3 Schedule 1

Repeal the Schedule.

Statute Update (Smaller Government) Act 2018 No. 4, 20186

Authorised Version C2018A00004

Advisory Group of the Australian Sports Anti-Doping Authority Schedule 4

Schedule 4—Advisory Group of the Australian Sports Anti-Doping Authority

Australian Sports Anti-Doping Authority Act 2006

1 Section 3

Omit “an Advisory Group,”.

2 Section 3

Omit “The Advisory Group provides advice and recommendations to

the CEO.”.

3 Section 4

Repeal the following definitions:

(a) definition of advisory committee;

(b) definition of advisory committee member;

(c) definition of Advisory Group;

(d) definition of Advisory Group Chair;

(e) definition of Advisory Group member.

4 Section 4 (definition of sporting administration body)

Omit “, the Advisory Group”.

5 Section 4 (paragraph (a) of the definition of vacancy)

Repeal the paragraph.

6 Subsection 5(1)

Repeal the subsection.

7 Section 20CA

Omit “The CEO must have regard to advice and recommendations

given to the CEO by the Advisory Group or an advisory committee.”.

8 Paragraph 21(1)(ka)

Repeal the paragraph.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 7

Authorised Version C2018A00004

Schedule 4 Advisory Group of the Australian Sports Anti-Doping Authority

9 Subsection 21(1A)

Repeal the subsection.

10 Subsection 24A(2)

Omit “Advisory Group member or an”.

11 Paragraph 24J(2)(b)

Repeal the paragraph.

12 Division 6 of Part 3A

Repeal the Division.

13 Part 4

Repeal the Part.

14 Subsection 43(3)

Omit “, an ASDMAC member or an Advisory Group member”,

substitute “or an ASDMAC member”.

15 Subparagraph 50F(a)(ii)

Repeal the subparagraph.

16 Subparagraph 50F(d)(iii)

Repeal the subparagraph.

17 At the end of subparagraph 50F(d)(v)

Add “and”.

18 Subparagraph 50F(d)(vi)

Repeal the subparagraph.

19 Subparagraph 50F(e)(iii)

Repeal the subparagraph.

20 Subparagraph 50F(e)(iv)

Omit “41; and”, substitute “41.”.

Statute Update (Smaller Government) Act 2018 No. 4, 20188

Authorised Version C2018A00004

Advisory Group of the Australian Sports Anti-Doping Authority Schedule 4

21 Subparagraph 50F(e)(v)

Repeal the subparagraph.

22 Paragraph 68(e)

Omit “ASDMAC; or”, substitute “ASDMAC.”.

23 Paragraph 68(f)

Repeal the paragraph.

24 Paragraph 69(aa)

Repeal the paragraph.

25 Paragraph 69(g)

Omit “member; or”, substitute “member.”.

26 Paragraphs 69(h) and (i)

Repeal the paragraphs.

27 Subsection 78(1A)

Repeal the subsection.

28 Paragraphs 78(4)(a) to (c)

Omit “the Advisory Group,”.

29 Saving provisions

(1) Part 8 of the Australian Sports Anti-Doping Authority Act 2006, as in

force immediately before the commencement of this item, continues to

apply on and after that commencement in relation to:

(a) a person who was an Advisory Group member at any time

before that commencement; or

(b) an individual who attended a meeting of the Advisory Group

at any time before that commencement.

(2) Despite the repeal of subsection 78(1A) of the Australian Sports

Anti-Doping Authority Act 2006 made by this Schedule, that subsection,

as in force immediately before the commencement of this item,

continues to apply on and after that commencement to a former

No. 4, 2018 Statute Update (Smaller Government) Act 2018 9

Authorised Version C2018A00004

Schedule 4 Advisory Group of the Australian Sports Anti-Doping Authority

Advisory Group member in relation to an act done or omitted to be

done before that commencement.

(3) Subsection 78(4) of the Australian Sports Anti-Doping Authority Act

2006, as in force immediately before the commencement of this item,

continues to apply on and after that commencement in relation to the

making of a statement to, or the giving of a document or information to,

the Advisory Group at any time before that commencement.

Statute Update (Smaller Government) Act 2018 No. 4, 201810

Authorised Version C2018A00004

Plant Breeder’s Rights Advisory Committee Schedule 5

Schedule 5—Plant Breeder’s Rights Advisory Committee

Plant Breeder’s Rights Act 1994

1 Subsection 3(1)

Repeal the following definitions:

(a) definition of Advisory Committee;

(b) definition of indigenous;

(c) definition of member.

2 Subsection 49(1)

Repeal the subsection.

3 Subsection 49(2)

Omit “, having regard to the views of the Plant Breeder’s Rights

Advisory Committee on a matter referred under subsection (1),”.

4 Part 7

Repeal the Part.

5 Subsection 69(1)

Omit “and before the Minister seeks any advice from the Advisory

Committee concerning those regulations”.

6 Subsection 69(3)

Repeal the subsection.

7 Section 85

Repeal the section.

8 Transitional provisions

(1) If:

(a) before the commencement of this item, the Advisory

Committee had given views to the Minister on a matter

No. 4, 2018 Statute Update (Smaller Government) Act 2018 11

Authorised Version C2018A00004

Schedule 5 Plant Breeder’s Rights Advisory Committee

referred to the Committee under subsection 49(1) of the Plant

Breeder’s Rights Act 1994; and

(b) before that commencement, the Minister had not had regard

to those views;

then the Minister must have regard to those views on or after that

commencement.

(2) Any records or documents that were in the possession of the Advisory

Committee immediately before the commencement of this item are to

be transferred to the Registrar after that commencement.

Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.

(3) If:

(a) before the commencement of this item, the Advisory

Committee had given advice to the Minister on an intended

regulation as mentioned in section 69 of the Plant Breeder’s

Rights Act 1994; and

(b) before that commencement, the Minister had not had regard

to that advice;

then the Minister must have regard to that advice on or after that

commencement.

Statute Update (Smaller Government) Act 2018 No. 4, 201812

Authorised Version C2018A00004

Development Allowance Authority Schedule 6

Repeals of Acts Part 1

Schedule 6—Development Allowance Authority

Part 1—Repeals of Acts

Development Allowance Authority Act 1992

1 The whole of the Act

Repeal the Act.

Infrastructure Certificate Cancellation Tax Act 1994

2 The whole of the Act

Repeal the Act.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 13

Authorised Version C2018A00004

Schedule 6 Development Allowance Authority

Part 2 Other amendments

Part 2—Other amendments

Airports (Transitional) Act 1996

3 Section 56

Repeal the section.

Income Tax Assessment Act 1936

4 Subsection 6(1) (paragraph (g) of the definition of assessment)

Repeal the paragraph.

5 Subsection 82KZME(1) (note)

Omit “(6),”.

6 Subsection 82KZME(6)

Repeal the subsection.

7 Paragraphs 126(1)(d) and 128B(3)(bb)

Repeal the paragraphs.

8 Division 16L of Part III

Repeal the Division.

Income Tax Assessment Act 1997

9 Section 10-5 (table item headed “infrastructure borrowings”)

Repeal the item.

10 Section 10-5 (table item headed “interest”)

Omit:

infrastructure borrowings, on ............................................159GZZZZG

Statute Update (Smaller Government) Act 2018 No. 4, 201814

Authorised Version C2018A00004

Development Allowance Authority Schedule 6

Other amendments Part 2

11 Section 11-15 (table item headed “financial transactions”)

Omit:

infrastructure borrowings, income in relation to ............... 159GZZZZE

12 Section 12-5 (table item headed “financial arrangements”)

Omit “infrastructure,”.

13 Section 12-5 (table item headed “infrastructure”)

Repeal the item, substitute:

infrastructure

see tax losses

14 Section 12-5 (table item headed “interest”)

Omit “see also infrastructure”.

15 Section 13-1 (table item headed “infrastructure”)

Repeal the item.

16 Paragraph 104-71(3)(a)

Repeal the paragraph, substitute:

(a) an amount that is not included in the assessable income of an

entity because of section 124ZM or 124ZN (which exempt

income arising from *shares in a *PDF) of the Income Tax

Assessment Act 1936; or

17 Section 112-97 (table item 12A)

Repeal the item.

18 Paragraphs 118-425(13)(d) and 118-427(14)(d)

After “Development Allowance Authority Act 1992”, insert “, as in force

just before the commencement of Schedule 6 to the Statute Update

(Smaller Government) Act 2018”.

19 Subsection 230-460(14)

Repeal the subsection.

20 Subsection 721-10(2) (note)

Repeal the note, substitute:

No. 4, 2018 Statute Update (Smaller Government) Act 2018 15

Authorised Version C2018A00004

Schedule 6 Development Allowance Authority

Part 2 Other amendments

Note: The other amounts referred to in item 3 of the table are interest

payable under section 102AAM of the Income Tax Assessment Act

1936 (distributions from certain non-resident trust estates).

Taxation Administration Act 1953

21 Subsection 3B(1B)

Repeal the subsection.

22 Section 8AB

Repeal the section.

23 Paragraph 8J(2)(ga)

Repeal the paragraph.

24 Subsections 8W(1B), 13K(11), 15(4) and 15A(11)

Repeal the subsections.

25 Subsection 250-10(1) in Schedule 1 (table item 105)

Repeal the item.

26 Subsection 355-65(5) in Schedule 1 (table item 3)

Repeal the item.

Statute Update (Smaller Government) Act 2018 No. 4, 201816

Authorised Version C2018A00004

Development Allowance Authority Schedule 6

Application of amendments Part 3

Part 3—Application of amendments

27 Application of amendments

(1) The amendments made by this Schedule (other than the repeal of Part 5

of Chapter 3 and Part 2 of Chapter 4 of the Development Allowance

Authority Act 1992) do not apply in relation to a certificate that is in

force just before the commencement of this item.

(2) For the purposes of applying, on or after that commencement, the Acts

amended by this Schedule, as those Acts apply because of subitem (1), a

reference in those Acts to the Development Allowance Authority is

treated as being a reference to the Commissioner of Taxation.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 17

Authorised Version C2018A00004

Schedule 7 Corporations and Markets Advisory Committee

Part 1 Amendments

Schedule 7—Corporations and Markets Advisory Committee

Part 1—Amendments

Australian Securities and Investments Commission Act 2001

1 Title

Omit “, a Corporations and Markets Advisory Committee”.

2 Paragraph 1(1)(c)

Repeal the paragraph.

3 Subsection 5(1) (definition of CAMAC)

Repeal the definition.

4 Subsection 5(1) (definition of Convenor)

Repeal the definition.

5 Subsection 5(1) (paragraph (b) of the definition of meeting)

Repeal the paragraph.

6 Subsection 5(1) (paragraph (a) of the definition of member)

Omit “9,”.

7 Subsection 5(1) (paragraph (a) of the definition of member)

Omit “CAMAC,”.

8 Subsection 5(1) (paragraph (b) of the definition of member)

Repeal the paragraph.

9 Subsection 11(3)

Repeal the subsection, substitute:

(3) ASIC may, on its own initiative or when requested by the Minister,

advise the Minister, and make to the Minister such

recommendations as it thinks fit, about any matter connected with:

Statute Update (Smaller Government) Act 2018 No. 4, 201818

Authorised Version C2018A00004

Corporations and Markets Advisory Committee Schedule 7

Amendments Part 1

(a) a proposal to make corporations legislation, or to make

amendments of the corporations legislation (other than the

excluded provisions); or

(b) the operation or administration of the corporations legislation

(other than the excluded provisions); or

(c) law reform in relation to the corporations legislation (other

than the excluded provisions); or

(d) companies or a segment of the financial products and

financial services industry; or

(e) a proposal for improving the efficiency of the financial

markets.

10 Paragraph 127(4)(a)

Omit “CAMAC,”.

11 Part 9

Repeal the Part.

12 Paragraphs 246(1)(b), (d) and (h)

Repeal the paragraphs.

13 At the end of section 261

Add:

Note: The Corporations and Markets Advisory Committee (CAMAC)

ceased to exist on the commencement of Schedule 7 to the Statute

Update (Smaller Government) Act 2018.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 19

Authorised Version C2018A00004

Schedule 7 Corporations and Markets Advisory Committee

Part 2 Transitional and saving provisions

Part 2—Transitional and saving provisions

14 Definitions

(1) In this Part:

asset means:

(a) any legal or equitable estate or interest in real or personal

property, whether actual, contingent or prospective; and

(b) any right, power, privilege or immunity, whether actual,

contingent or prospective.

CAMAC means the Corporations and Markets Advisory Committee.

commencement time means the time this Schedule commences.

instrument includes:

(a) a contract, undertaking, deed or agreement; and

(b) a notice, authority, order or instruction; and

(c) an instrument made under an Act or a regulation;

but does not include the following:

(d) an Act;

(e) an instrument made under this Act;

(f) the Corporations Agreement 2002.

land means any legal or equitable estate or interest in real property,

whether actual, contingent or prospective.

liability means any liability, duty or obligation, whether actual,

contingent or prospective.

rules means rules made under item 27.

Treasury Department means the Department administered by the

Treasury Minister.

Treasury Minister means the Minister administering the Australian

Securities and Investments Commission Act 2001.

Treasury Secretary means the Secretary of the Treasury Department.

(2) Section 5A of the Australian Securities and Investments Commission

Act 2001 applies to this Part as if the provisions of this Part were

provisions of that Act.

Note: Section 5A applies the Acts Interpretation Act 1901 as in force on 1 January 2005.

Statute Update (Smaller Government) Act 2018 No. 4, 201820

Authorised Version C2018A00004

Corporations and Markets Advisory Committee Schedule 7

Transitional and saving provisions Part 2

15 Assets and liabilities

(1) At the commencement time, the assets and liabilities of CAMAC

immediately before that time cease to be assets and liabilities of

CAMAC and become assets and liabilities of the Commonwealth

without any conveyance, transfer or assignment.

(2) The Commonwealth becomes the successor in law in relation to those

assets and liabilities.

16 Certificates relating to vesting of assets

(1) If land vests in the Commonwealth under this Part and the Treasury

Minister signs a certificate that:

(a) identifies the land, whether by reference to a map or

otherwise; and

(b) states that the land has become vested in the Commonwealth

under this Part; and

(c) is lodged with the Registrar of Titles or other proper officer

of the State or Territory in which the land is situated;

the Registrar or other officer may:

(d) register the matter in a way that is the same as, or similar to,

the way in which dealings in land of that kind are registered;

and

(e) deal with, and give effect to, the certificate.

(2) If an asset other than land vests in the Commonwealth under this Part

and the Treasury Minister signs a certificate that:

(a) identifies the asset; and

(b) states that the asset has become vested in the Commonwealth

under this Part; and

(c) is lodged with the person or authority who has responsibility

for keeping a register in relation to assets of that kind

(whether under a law of the Commonwealth, a State or a

Territory, a trust instrument or otherwise);

the person or authority may:

(d) deal with, and give effect to, the certificate as if it were a

proper and appropriate instrument for transactions in relation

to assets of that kind; and

No. 4, 2018 Statute Update (Smaller Government) Act 2018 21

Authorised Version C2018A00004

Schedule 7 Corporations and Markets Advisory Committee

Part 2 Transitional and saving provisions

(e) make such entries in the register as are necessary, having

regard to the effect of this Part.

(3) A document that appears to be a certificate made under this item is

taken, unless the contrary is established, to be such a certificate and to

have been properly made.

(4) A certificate made under this item is not a legislative instrument.

17 References in instruments to CAMAC

(1) If an instrument in force immediately before the commencement time

contains a reference to CAMAC, the instrument has effect from the

commencement time as if the reference were a reference to the

Commonwealth.

(2) Subitem (1) does not, by implication, prevent the instrument from being

varied or terminated after the commencement time.

(3) The rules may prescribe:

(a) instruments, or references contained in instruments, to which

subitem (1) does not apply; or

(b) instruments, or references contained in instruments, to which

subitem (1) applies as if the reference in that subitem to the

Commonwealth were a reference to the person prescribed by

the rules.

(4) Subsection 12(2) of the Legislation Act 2003 does not apply in relation

to rules made for the purposes of subitem (3) that commence on or after

the commencement time.

18 Operation of laws

(1) Subject to subitem (2), if a thing was done by, or in relation to,

CAMAC before the commencement time, then, for the purposes of the

operation of any law of the Commonwealth after the commencement

time, the thing is taken to have been done by, or in relation to, the

Commonwealth.

(2) For the purposes of the operation of the Ombudsman Act 1976 after the

commencement time, a thing done by, or in relation to, CAMAC before

the commencement time is taken to have been done by, or in relation to,

the Treasury Department.

Statute Update (Smaller Government) Act 2018 No. 4, 201822

Authorised Version C2018A00004

Corporations and Markets Advisory Committee Schedule 7

Transitional and saving provisions Part 2

(3) The rules may prescribe:

(a) things in relation to which subitem (1) does not apply; or

(b) things in relation to which subitem (1) applies as if the

references in that subitem to the Commonwealth were

references to the person prescribed by the rules.

(4) Subsection 12(2) of the Legislation Act 2003 does not apply in relation

to rules made for the purposes of subitem (3) that commence on or after

the commencement time.

19 Legal proceedings

If, immediately before the commencement time, CAMAC was a party

to proceedings pending in any court or tribunal, the Commonwealth is

substituted for CAMAC as a party to the proceedings from that time.

20 Transfer of records to the Treasury Department

Any records or documents that were in the possession of CAMAC

immediately before the commencement time are to be transferred to the

Treasury Department.

Note: The records and documents are Commonwealth records for the purposes of the Archives Act 1983.

21 Protection of information obtained from ASIC

If:

(a) before the commencement time, information was disclosed to

CAMAC in accordance with subsection 127(4) of the

Australian Securities and Investments Commission Act 2001;

and

(b) immediately before the commencement time, a person was

subject to a condition imposed under subsection 127(4A) of

that Act in relation to the information disclosed;

the person continues to be subject to the condition after the

commencement time.

22 Final report

(1) The Treasury Secretary must prepare and give to the Treasury Minister,

for presentation to the Parliament, a report on the activities of CAMAC

during the final reporting period.

No. 4, 2018 Statute Update (Smaller Government) Act 2018 23

Authorised Version C2018A00004

Schedule 7 Corporations and Markets Advisory Committee

Part 2 Transitional and saving provisions

(2) The Minister administering the Public Governance, Performance and

Accountability Act 2013 may give the Treasury Secretary written

directions in relation to the report. The Treasury Secretary must comply

with any such directions in preparing the report.

(3) The Treasury Secretary must give the Treasury Minister the report

within 4 months after the end of the final reporting period.

(4) The Treasury Minister must table the report in each House of the

Parliament within 15 sitting days of that House after the report is given

to the Treasury Minister.

(5) In this item:

final reporting period means the period:

(a) starting on the first day after the end of the last period for

which an annual report on CAMAC’s operations or activities

was given to the Treasury Minister; and

(b) ending immediately before the commencement time.

23 Exemption from stamp duty etc.

No stamp duty or other tax is payable under a law of a State or Territory

in respect of the following, or anything connected with the following:

(a) the vesting of an asset or liability under this Part;

(b) the operation of this Part in any other respect.

24 Delegation by Ministers

(1) The Treasury Minister may, by writing, delegate all or any of his or her

powers and functions under this Part (other than under item 27) to:

(a) the Secretary of the Treasury Department; or

(b) an SES employee, or acting SES employee, in the Treasury

Department.

Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

(2) The Minister administering the Public Governance, Performance and

Accountability Act 2013 may delegate his or her power under

subitem 22(2) to the Secretary of the Department administered by that

Minister.

(3) In exercising powers or functions under a delegation, the delegate must

comply with any directions of the delegating Minister.

Statute Update (Smaller Government) Act 2018 No. 4, 201824

Authorised Version C2018A00004

Corporations and Markets Advisory Committee Schedule 7

Transitional and saving provisions Part 2

25 Saving—operation of section 246 of the Australian Securities and Investments Commission Act 2001

(1) Despite the repeal of paragraphs 246(1)(b), (d) and (h) of the Australian

Securities and Investments Commission Act 2001 by this Schedule,

section 246 of that Act continues to apply, in relation to anything done

or omitted to be done before the commencement time, as if the repeal

had not happened.

(2) Paragraph 246(1)(b) of the Australian Securities and Investments

Commission Act 2001 as continued under subitem (1) has effect, in

relation to anything done or omitted to be done by CAMAC before the

commencement time, as if the Commonwealth were referred to in that

paragraph.

26 Compensation for acquisition of property

(1) If the operation of this Part would result in an acquisition of property

(within the meaning of paragraph 51(xxxi) of the Constitution) from a

person otherwise than on just terms (within the meaning of that

paragraph), the Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in a court of

competent jurisdiction for the recovery from the Commonwealth of

such reasonable amount of compensation as the court determines.

27 Transitional rules

(1) The Treasury Minister may, by legislative instrument, make rules:

(a) prescribing matters required or permitted by this Schedule to

be prescribed by the rules; or

(b) in relation to transitional matters arising out of the

amendments and repeals made by this Schedule.

(2) However, to avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(c) impose a tax;

No. 4, 2018 Statute Update (Smaller Government) Act 2018 25

Authorised Version C2018A00004

Schedule 7 Corporations and Markets Advisory Committee

Part 2 Transitional and saving provisions

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

(3) This Schedule (other than subitem (2)) does not limit the rules that may

be made for the purposes of subitem (1).

[Minister’s second reading speech made in—

House of Representatives on 22 June 2017

Senate on 14 September 2017]

(135/17)

Statute Update (Smaller Government) Act 2018 No. 4, 201826