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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
COAG LEGISLATION AMENDMENT BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of the Assistant Minister to the Prime Minister, the Honourable
Patrick Gorman MP)
COAG LEGISLATION AMENDMENT BILL 2023
GENERAL OUTLINE
1. The COAG Legislation Amendment Bill 2023 would make minor amendments to
various Commonwealth Acts to update references to COAG and Ministerial Councils
to reflect the cessation of the Council of Australian Governments (COAG) on 29 May
2020 and the establishment of a new Commonwealth-state architecture catalysed by
the Review of COAG Councils and Ministerial Forums led by Mr Peter Conran AM.
2. There is benefit in progressing amendments that would provide consistency in
Commonwealth legislation and the current framing of the proposed Bill would
provide flexibility to avoid the need to amend legislation in the event of changes to
the nomenclature of ministerial fora.
3. The Bill would amend the COAG Reform Fund Act 2008, the Federal Financial
Relations Act 2009, the Fuel Indexation (Road Funding) Special Account Act 2015,
the DisabilityCare Australia Fund Act 2013, the Disaster Ready Fund Act 2019, the
Future Drought Fund Act 2019, the Medical Research Future Fund Act 2015, the
Offshore Petroleum and Greenhouse Gas Storage Act 2006, the Proceeds of Crime
Act 2002, and the Housing Australia Future Fund Act 2023.
4. Where the above Acts make reference to the "COAG Reform Fund", the Bill proposes
to substitute these words with "Federation Reform Fund".
5. The Bill would also amend the Australian Curriculum, Assessment and Reporting
Authority Act 2008, the Australian Education Act 2013, the Australian National
Preventive Health Act 2010, the Healthcare Identifiers Act 2010, the My Health
Records Act 2012, the National Health Reform Act 2011, the Biological Control Act
1984, the Fisheries Management Act 1991, the Defence (Road Transport Legislation
Exemption) Act 2006, the National Transport Commission Act 2003, the National
Disability Insurance Scheme Act 2013, the National Vocational Education and
Training Regulator Act 2011, the Offshore Petroleum and Greenhouse Gas Storage
Act 2006, the Infrastructure Australia Act 2008, and the Water Act 2007.
6. Where the above Acts make references to "COAG", this Bill proposes to substitute
this word with "First Ministers' Council", which would be defined flexibly to mean a
body (however described) that consists only of, or that includes, the Prime Minister,
the Premiers of each State and the Chief Ministers of the Australian Capital Territory
and Northern Territory.
7. Further, where the above Acts include the term "Ministerial Council", this Bill
proposes to change the definition to mean a body (however described) that consists of
the Minister of the Commonwealth, and the Minister of each State and Territory, who
is responsible, or principally responsible, for matters relating to a particular portfolio
issue.
8. Where the above Acts include references to specific names of Councils (for example,
the "Standing Council on Health" in the National Health Reform Act 2011), this Bill
proposes to substitute them with the generic "Ministerial Council" term so that any
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future title changes to ministerial bodies can be implemented without amending
legislation.
9. The broad definitions this Bill proposes are intended to provide flexibility for any
future changes to the title of an intergovernmental ministerial group so legislative
changes to update titles are avoided.
FINANCIAL IMPACT
10. The Bill has no financial impact.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
COAG Legislation Amendment Bill 2023
1. This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill/Disallowable Legislative Instrument
2. This Bill would:
a. Update outdated references to "COAG Reform Fund" where it occurs in
legislation with "Federation Reform Fund" (Schedule 1)
b. Update outdated references to "COAG" with "First Ministers Council" where
it occurs in legislation, defined flexibly to mean "a body (however described)
that consists only of, or that includes, the Prime Minister, the Premiers of each
State and the Chief Ministers of the Australian Capital Territory and Northern
Territory" (Schedule 2), and
c. Retain the term "Ministerial Council", but insert a flexible definition where it
occurs in legislation to accommodate future changes to titles to these bodies,
namely to mean a body (however described) that consists of the Minister of
the Commonwealth, and the Minister of each State and Territory, who is
responsible, or principally responsible, for matters relating to a specified
portfolio issue (Schedule 2).
3. The amendments in Schedules 1 and 2:
a. Make amendments to the title of the "COAG Reform Fund" where it occurs
throughout legislation, and
b. Make amendments to outdated references to "COAG" and Ministerial
Councils as a result of the cessation of COAG and its substructures.
4. The amendments in Schedules 1 and 2 are machinery or technical in nature and do not
affect the rights or obligations of any person.
Human rights implications
5. This Bill does not engage any of the applicable rights or freedoms.
Conclusion
6. This Bill is compatible with human rights as it does not raise any human rights issues.
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NOTES ON CLAUSES
Abbreviations and Acronyms used in this explanatory memorandum
• ACARA Act means the Australian Curriculum, Assessment and Reporting Authority
Act 2008
• Australian Education Act means the Australian Education Act 2013
• Australian National Preventive Health Agency Act means the Australian National
Preventive Health Agency Act 2010
• Biological Control Act means the Biological Control Act 1984
• COAG means the former Council of Australian Governments
• COAG Reform Fund Act means the COAG Reform Fund Act 2008
• Defence (Road Transport Legislation Exemption) Act means the Defence (Road
Transport Legislation Exemption) Act 2006
• DisabilityCare Australia Fund Act means the DisabilityCare Australia Fund Act
2013
• Disaster Ready Fund Act means the Disaster Ready Fund Act 2019
• Federal Financial Relations Act means the Federal Financial Relations Act 2009
• Fisheries Management Act means the Fisheries Management Act 1991
• First Ministers means the collective group of the Prime Minister of Australia, the
Premiers of each State, and the Chief Ministers of the Australian Capital Territory and
Northern Territory
• Fuel Indexation (Road Funding) Special Account Act means the Fuel Indexation
(Road Funding) Special Account Act 2015
• Future Drought Fund Act means the Future Drought Fund Act 2019
• Healthcare Identifiers Act means the Healthcare Identifiers Act 2010
• Housing Australia Future Fund Act means the Housing Australia Future Fund Act
2023
• Infrastructure Australia Act means the Infrastructure Australia Act 2008
• Medical Research Future Fund Act means the Medical Research Future Fund Act
2015
• My Health Records Act means the My Health Records Act 2012
• National Health Reform Act means the National Health Reform Act 2011
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• National Transport Commission Act means the National Transport Commission Act
2003
• NDIS Act means the National Disability Insurance Scheme Act 2013
• NVETR Act means the National Vocational Education and Training Regulator Act
2011
• Offshore Petroleum and Greenhouse Gas Storage Act means the Offshore
Petroleum and Greenhouse Gas Storage Act 2006
• Proceeds of Crime Act means the Proceeds of Crime Act 2002
• Water Act means the Water Act 2007
Clause 1 - Short title
1. This clause provides for the short title of the Bill upon its enactment by the Parliament
to be the COAG Legislation Amendment Act.
Clause 2 - Commencement
2. This clause provides for the commencement of each provision in the Bill, as set out in
the table.
3. Both Schedule 1, which address substitution of references to the "COAG Reform
Fund", and Schedule 2, which address substitution of references to "COAG" and
"Ministerial Council", are to commence the day after this Bill receives the Royal
Assent.
Clause 3 - Schedules
4. This clause provides that each Act that is specified in a Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule has effect according to its
terms.
Schedule 1 - Amendments of references to COAG Reform Fund etc.
Introduction
5. Schedule 1 updates references relating to the "COAG Reform Fund" as a result of the
cessation of COAG.
6. This Schedule will commence on the day after this Act receives the Royal Assent.
7. The COAG Reform Fund was established under the COAG Reform Fund Act 2008 as
a mechanism through which the Commonwealth makes grants of financial assistance
to the states and territories (states). The Act specifies that the terms and conditions on
which financial assistance is granted are to be set out in written agreements between
the Commonwealth and the states.
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8. The title of the COAG Reform Fund requires amending to give effect to the cessation
of COAG and the establishment of a new architecture for federal-state relations.
Schedule 1 Part 1 - Amendment of the COAG Reform Fund Act 2008
9. The purpose of this Part is to amend the COAG Reform Fund Act to substitute the
outdated term "COAG" with the term "Federation".
COAG Reform Fund Act
10. Item 1 amends the title of the Act, substituting the reference to "COAG" with a
reference to "Federation".
11. Item 2 amends the short title of the "COAG Reform Fund Act" so that it would
instead read the "Federation Fund Reform Act".
12. Items 3 - 9 substitute references to "COAG" with references to "Federation".
Schedule 1 Part 2
13. The purpose of this Part is to amend a number of Acts to:
(a) repeal outdated references to the "COAG Reform Fund" and substitute that term with
the "Federation Reform Fund". That term is in turn defined to mean the Federation
Reform Fund established by section 5 of the Federation Reform Act 2008, as it would
be renamed upon commencement of items 1 and 2 of Schedule 1 of this Bill; and
(b) in the case of item 26, substitute an outdated reference to the COAG Reform Fund Act
with a reference to the "Federation Reform Fund Act".
DisabilityCare Australia Fund Act
14. Item 10 repeals the outdated definition of the "COAG Reform Fund".
15. Item 11 inserts a definition for the "Federation Reform Fund".
Disaster Ready Fund Act
16. Item 12 repeals the outdated definition of the "COAG Reform Fund".
17. Item 13 inserts a definition for the "Federation Reform Fund".
Federal Financial Relations Act
18. Item 14 repeals the outdated definition of the "COAG Reform Fund".
19. Item 15 inserts a definition for the "Federation Reform Fund".
Fuel Indexation (Road Funding) Special Account Act
20. Item 16 repeals the outdated definition of the "COAG Reform Fund".
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21. Item 17 inserts a definition for the "Federation Reform Fund".
Future Drought Fund Act
22. Item 18 repeals the outdated definition of the "COAG Reform Fund".
23. Item 19 inserts a definition for the "Federation Reform Fund".
Housing Australia Future Fund Act
24. Item 20 repeals the outdated definition of the "COAG Reform Fund".
25. Item 21 inserts a definition for the "Federation Reform Fund".
Medical Research Future Fund Act
26. Item 22 repeals the outdated definition of the "COAG Reform Fund".
27. Item 23 inserts a definition for the "Federation Reform Fund".
Offshore Petroleum and Greenhouse Gas Storage Act
28. Item 24 repeals the outdated definition of the "COAG Reform Fund".
29. Item 25 inserts a definition for the "Federation Reform Fund".
30. Item 26 substitutes the reference to the COAG Reform Fund Act with a reference to
Federation Reform Fund Act.
Proceeds of Crime Act
31. Item 27 repeals the outdated definition of the "COAG Reform Fund".
32. Item 28 inserts a definition for the "Federation Reform Fund".
Schedule 1 Part 3 - Other bulk amendments
33. The purpose of this Part is to amend the specified Acts to substitute outdated
references to "COAG Reform Fund", wherever occurring, with the term "Federation
Reform Fund".
34. Item 29 outlines that the Bill would amend the specified Acts to substitute references
to "COAG Reform Fund" with "Federation Reform Fund" wherever it occurs.
DisabilityCare Australia Fund Act
35. Items 30-40 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
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Disaster Ready Fund Act
36. Items 41-49 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Federal Financial Relations Act
37. Items 50 and 51 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Fuel Indexation (Road Funding) Special Account Act
38. Items 52-63 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Future Drought Fund Act
39. Items 64-72 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Housing Australia Future Fund Act
40. Items 73-82 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Medical Research Future Fund Act
41. Items 83-91 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Offshore Petroleum and Greenhouse Gas Storage Act
42. Items 92 and 93 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Proceeds of Crime Act
43. Items 94-99 omit "COAG Reform Fund" and substitute with "Federation Reform
Fund" wherever it occurs in the Act.
Schedule 2 - Amendments of references to COAG and Ministerial Council
etc.
Introduction
44. This Schedule deals with the cessation of COAG and changes to intergovernmental
architecture by amending outdated references to COAG and COAG Councils or
Ministerial Councils.
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45. The amendments made by this Schedule commence the day after this Act receives the
Royal Assent.
46. The recommendations of the Review of COAG Councils and Ministerial Forums (the
Review), led by Mr Peter Conran AM, were agreed by the National Cabinet on
23 October 2020. Recommendation 30 of the Review recommended that the
Commonwealth introduce a bill to make amendments to the outdated references to
COAG Councils and Ministerial Forums in Commonwealth legislation.
47. The amendments in this Schedule give effect to the Review's recommendation.
Schedule 2 Part 1 - Main amendments
48. The purposes of this Part are as follows.
a. Substitute the outdated term of "COAG" with the term "First Ministers'
Council", which is defined flexibly to mean "a body (however described) that
consists only of, or that includes, the Prime Minister, the Premiers of each
State and the Chief Ministers of the Australian Capital Territory and Northern
Territory". It is intended that this definition encompass any group that
currently comprises, or will in future comprise, First Ministers (such as the
current National Cabinet) as well as a group that comprises First Ministers and
other representatives (such as the former National Federation Reform Council,
which was constituted by both First Ministers and Treasurers of the
Commonwealth, and each State and Territory, as well as the President of the
Australian Local Government Association).
b. Retain the term "Ministerial Council", but change the definition to mean a
body (however described) that consists of the Minister of the Commonwealth,
and the Minister of each State and Territory, who is responsible, or principally
responsible, for matters relating to a particular portfolio issue. This broad
definition is intended to enhance flexibility with any future changes to the title
of an intergovernmental ministerial group so legislative changes to update
titles are avoided.
c. Amend specific names of Councils (e.g. "Standing Council on Health" or
"Australian Transport Council") to the generic "Ministerial Council" term so
that any future title changes to ministerial bodies can be implemented without
amending legislation.
ACARA Act
49. Item 1 repeals the outdated definition of "Ministerial Council" and updates with a
definition of Commonwealth, State and Territory Ministers who are responsible, or
principally responsible, for matters relating to education.
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Australian Education Act
50. Item 2 amends the preamble by omitting "the Council of Australian Governments and
Education Council" and substituting with "First Ministers' Council and Ministerial
Council" respectively.
51. Item 3 inserts the definition of "First Ministers' Council".
52. Item 4 repeals the outdated definition of "Ministerial Council" and updates with a
definition of Commonwealth, State and Territory Ministers who are responsible, or
principally responsible, for matters relating to school education.
Australian National Preventive Health Agency Act
53. Item 5 repeals the outdated definition of "Ministerial Conference".
54. Item 6 inserts a definition of "Ministerial Council" to mean "a body (however
described) that consists of the Minister of the Commonwealth, and the Minister of
each State and Territory, who is responsible, or principally responsible, for matters
relating to health".
55. Items 7-10 substitute references to "Conference" with references to "Council"
wherever it occurs in the Act.
Biological Control Act
56. Item 11 repeals the definition of "Council" and substitutes with an updated definition
for Council to mean a body (however described) that consists of the Minister of the
Commonwealth, and the Minister of each State and Territory and the Minister of New
Zealand, who is responsible, or principally responsible, for matters relating to
agriculture, or a body prescribed by the regulations.
Defence (Road Transport Legislation Exemption) Act
57. Item 12 repeals the outdated definition of "Australian Transport Council".
58. Item 13 amends the definition of "Exemption Framework" to remove the historical
reference to endorsement by the former Australian Transport Council. This
amendment reflects that the Exemption Framework has been updated by the group of
responsible Ministers a number of times under a range of names.
Fisheries Management Act
59. Item 14 repeals the outdated definition of "Ministerial Council" and updates with a
definition of Commonwealth, State and Territory Ministers who are responsible, or
principally responsible, for fisheries.
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Healthcare Identifiers Act
60. Item 15 repeals the outdated definition of "Ministerial Council" and updates with a
definition of Commonwealth, State and Territory Ministers who are responsible, or
primarily responsible, for health.
My Health Records Act
61. Item 16 inserts the definition of the "Health Chief Executives Forum" meaning a body
(however described) that consists of the Secretary of the Department and each head
(however described) of the Health Department of a State or Territory.
62. Item 17 repeals the outdated definition of "Ministerial Council" and updates with a
definition of Commonwealth, State and Territory Ministers who are responsible, or
principally responsible, for health.
63. Items 18 and 19 remove references to "a subcommittee of the Ministerial Council",
substituting with references to "the Health Chief Executives Forum".
NDIS Act
64. Item 20 substitutes the term "COAG" with "the Council of Australian Governments"
to reflect the historical endorsement of the National Disability Strategy 2010-2020 by
COAG on the 13 February 2011.
65. Item 21 repeals the outdated definition of "COAG".
66. Item 22 inserts a definition of "First Ministers' Council" with a definition of a body
(however described) that consists only of, or that includes, the Prime Minister, the
Premiers of each State and the Chief Ministers of the Australian Capital Territory and
Northern Territory.
67. Item 23 substitutes the outdated definition of "Ministerial Council" with a definition
of Commonwealth, State and Territory Ministers who are responsible, or principally
responsible, for the National Disability Insurance Scheme.
68. Item 24 substitutes the term "COAG" with "the First Ministers' Council".
National Health Reform Act
69. Item 25 repeals the outdated definition of "COAG".
70. Item 26 inserts the definition of "First Ministers' Council". It also inserts the
definition of the "Health Chief Executives Forum" meaning a body (however
described) that consists of the Secretary of the Department and each head (however
described) of the Health Department of a State or Territory.
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71. Item 27 substitutes the term "COAG" with "First Ministers' Council".
72. Item 28 repeals the outdated definition of "Ministerial Conference".
73. Item 29 inserts a definition of "Ministerial Council" to mean "a body (however
described) that consists of the Minister of the Commonwealth, and the Minister of
each State and Territory, who is responsible, or principally responsible, for matters
relating to health".
74. Item 30 substitutes the term "COAG" with the "Council of Australian Governments"
to reflect that the National Health Reform Agreement was agreed by the Council of
Australian Governments on 2 August 2011.
75. Item 31 repeals the outdated definition of "Standing Council on Health".
76. Item 32 substitutes outdated references to "the Ministerial Conference" and
"Australian Health Ministers' Advisory Council", with references to "the Ministerial
Council" and "Health Chief Executives Forum" respectively.
77. Items 33-37, 43-44, 53-56, and 58-59 substitute references to "COAG" with
references to "First Ministers' Council".
78. Items 38-41, 45, 48, 50-52, and 60 replace references to "Standing Council on
Health" with references to "Ministerial Council".
79. Items 42 and 57 substitute outdated references to "the Standing Council on Health"
and "the Australian Health Ministers' Advisory Council", with references to "the
Ministerial Council" and "the Health Chief Executives Forum" respectively.
80. Item 46 amends the heading of Section 230 from "Standing Council on Health" to
"Constitution of Ministerial Council etc".
81. Item 47 repeals subsection 230(1) of the Act which had defined the "Standing Council
on Health".
82. Item 49 omits the reference to "this Part" and substitutes with "Part 5.2", clarifying
the application of the subsection in the context of Part 5.2, not Part 5.1, where
subsection appears.
National Transport Commission Act
83. Items 61, 64-79, 81, 83-84, and 86 omit references to "Australian Transport" with
"Ministerial" to update outdated references to the Australian Transport Council with
Ministerial Council.
84. Item 62 repeals the outdated definition of "Australian Transport Council".
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85. Item 63 inserts a definition of "Ministerial Council" to mean "a body (however
described) that consists of the Minister of the Commonwealth, and the Minister of
each State and Territory, who is responsible, or principally responsible, for matters
relating to transport".
86. Item 80 amends the heading of section 50 by omitting "Australian Transport Council
and substituting it with "Ministerial Council etc".
87. Item 82 updates the saving provision to omit the reference to the "Australian
Transport Council or the" and substitute with "Ministerial Council or the former".
88. Item 85 repeals the subsection which defines Ministerial Council for the purposes of
section 50, and substitutes with a definition for the "former Ministerial Council".
NVETR Act
89. Item 87 amends paragraph a) of the definition of "Ministerial Council" to mean "a
body (however described) that consists of the Minister of the Commonwealth, and the
Minister of each State and Territory, who is responsible, or principally responsible,
for matters relating to training and skills".
90. State and Territory governments have been consulted in relation to consequential
amendments to this Act to deal with the cessation of the Council of Australian
Governments.
Offshore Petroleum and Greenhouse Gas Storage Act
91. Item 88 amends the definition of "Ministers responsible for mineral and energy
resources matters" to mean "a body (however described) that consists of the Minister
of the Commonwealth, the Minister of each State and Territory and the Minister of
New Zealand who is responsible, or principally responsible, for matters relating to
energy or resources (or both)".
92. Item 89 amends paragraph a) of the definition of "Greenhouse Gas Storage
Ministerial Council" to mean a body (however described) that consists of the Minister
of the Commonwealth, and the Minister of each State and Territory, who is
responsible, or principally responsible, for matters relating to, the injection of
greenhouse gas substances into parts of geological formations; and the permanent
storage of greenhouse gas substances in parts of geological formations, if there is a
body of this description.
Schedule 2 Part 2 - Contingent amendments
Infrastructure Australia Act
93. Item 90 repeals the outdated definition of "COAG".
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94. Item 91 repeals the subsection which refers to the Minister having regard to any
decisions by COAG, and substitutes it with the Minister having regard to any relevant
decisions of a body (however described) that consists only of, or that includes, the
Prime Minister, the Premiers of each State, and the Chief Ministers of the Australian
Capital Territory and Northern Territory.
Water Act 2007
95. Item 92 inserts a definition of "First Ministers' Council" as meaning a body (however
described) that consists only of, or that includes, the Prime Minister, the Premiers of
each State, and the Chief Ministers of the Australian Capital Territory and Northern
Territory.
96. Item 93 substitutes the reference to "Council of Australian Governments" with "First
Ministers' Council".
Schedule 2 Part 3 - Application, transitional and saving provisions
97. Item 94 provides definitions for Part 2 of the Amendment Act.
98. Items 95 and 96 make transitional provisions for things done by, in relation to, or
started but not finished by, COAG, prior to commencement of this Act. The items
recognise any past decisions of COAG to be valid as if they had been done by the
First Ministers' Council under an amended Act. After commencement of this Act, the
First Ministers' Council may finish doing a thing under an amended Act, should they
wish to do so.
99. Items 97 and 98 make transitional provisions for things done by, in relation to, or
started but not finished by, a former Ministerial Council (within the meaning of a
particular amended Act), prior to commencement of this Act. The items recognise any
past decisions of a former Ministerial Council to be valid as if they had been done by
a new Ministerial Council under an amended Act. After commencement of this Act,
the new Ministerial Council may finish doing a thing under an amended Act, should
they wish to do so.
100. Items 99 and 100 make transitional provisions for things done by, in relation to, or
started but not finished by, the Ministerial Conference (within the meaning of the
Australian National Preventive Health Agency Act) prior to commencement of this
Act. The items recognise any past decisions of the Ministerial Conference to be valid
as if they had been done by the Ministerial Council (within the meaning of the
Australian National Preventive Health Agency Act as amended by this Act). After
commencement of this Act, the Ministerial Council may finish doing a thing under an
amended Act, should they wish to do so.
101. Items 101 and 102 make transitional provisions for things done by, in relation to, or
started but not finished by, the Standing Council on Health (within the meaning of the
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National Health Reform Act) prior to commencement of this Act. The items recognise
any past decisions of the Standing Council on Health to be valid as if they had been
done by the Ministerial Council (within the meaning of the National Health Reform
Act as amended by this Act). After commencement of this Act, the Ministerial
Council may finish doing a thing under an amended Act, should they wish to do so.
102. Items 103 and 104 make transitional provisions for things done by, in relation to, or
started but not finished by, the Council (within the meaning of the Biological Control
Act) prior to the commencement of this Act. The items recognise any past decisions
of the Council to be valid as if they had been done by the Ministerial Council (within
the meaning of the Biological Control Act as amended by this Act). After
commencement of this Act, the Ministerial Council may finish doing a thing under an
amended Act, should they wish to do so.
103. Items 105 and 106 make transitional provisions for things done by, in relation to, or
started but not finished by, the Australian Transport Council (within the meaning of
the National Transport Commission Act) prior to commencement of this Act. The
items recognise any past decisions of the Australian Transport Council to be valid as
if they had been done by the Ministerial Council (within the meaning of the National
Transport Commission Act as amended by this Act). After commencement of this
Act, the Ministerial Council may finish doing a thing under an amended Act, should
they wish to do so.
104. Item 107 provides flexibility for the Minister to make rules to deal with any
transitional matters in relation to this Act that may arise.
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