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1999
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
TRANSPORT AND
TERRITORIES LEGISLATION AMENDMENT BILL
1999
EXPLANATORY
MEMORANDUM
(Circulated
with authority of the Minister for Transport and Regional Services, the
Honourable John Anderson MP)
ISBN: 0642 426120
TRANSPORT AND TERRITORIES LEGISLATION AMENDMENT BILL 1999
The purpose of the Bill is
to:
• amend the commencement provision of
the Transport and Communications Legislation Amendment Act (No.2) 1992 to
overcome a technical difficulty that prevents a Proclamation being made for the
commencement of amendments to the Protection of the Sea (Prevention of
Pollution from Ships) Act
1983;
• amend the Christmas Island
Act 1958 for three purposes - firstly, to remove the reference to a Western
Australian court which has been abolished; secondly, to remove the application
of certain provisions of the Workplace Relations Act 1996 to Western
Australian employees who work wholly or mainly in the Territory; and thirdly, to
remove obsolete provisions relating to prisoners and accused
persons;
• amend the Cocos (Keeling)
Islands Act 1955 for three purposes - firstly, to remove the reference to a
Western Australian court which has been abolished; secondly, to remove the
application of certain provisions of the Workplace Relations Act 1996 to
Western Australian employees who work wholly or mainly in the Territory; and
thirdly, to remove obsolete provisions relating to prisoners and accused
persons;
• amend the Australian
Capital Territory (Planning and Land Management) Act 1988 to provide for a
quorum at National Capital Authority meetings when the full-time member is
precluded from being present because of the conflict of interest provisions in
Section 42 of the Act;
• amend the Northern Territory (Self-Government)
Act 1978 to provide for the appointment of Parliamentary Secretaries and for
them to be members of the Northern Territory Executive Council and receive
remuneration for their services;
and
• amends a number of Acts which
contain drafting errors as well as gender specific language.
The provisions in the Bill will not have a financial
impact on the Commonwealth.
TRANSPORT AND TERRITORIES LEGISLATION AMENDMENT BILL 1999
Clause 1 provides that the Act may be cited as the
Transport and Territories Legislation Amendment Act 1999.
Clause 2 provides for the Act to commence on the day
on which it receives the Royal
Assent.
Schedule 1 - Amendment of the
Transport and Communications Legislation Amendment Act (No.2)
1992
Item 1 amends subsection 2(6) of the Transport and
Communications Legislation Amendment Act (No.2) 1992 by deleting references
to the Protocol on Environment Protection to the Antarctic Treaty. The effect
of the amendment will be that the Proclamation setting the date for the
commencement of subsection 30(3), sections 36 to 44 and subsection 44(4) of the
Act will not be not tied to the date on which that Protocol entered into force
internationally.
Item 2 inserts a new subsection 2(6A) into the
Transport and Communications Legislation Amendment Act (No.2) 1992 to
provide that if a Proclamation is not made under the amended subsection 2(6)
within 6 months after this Bill receives Royal Assent, then subsection 30(3),
sections 36 to 44 and subsection 44(4) of the Act will commence on the first day
after the end of that six month period.
Item 1 - Subsection 4(1) (paragraph (h) of the
definition of court of Western
Australia)
Item 1 repeals the
paragraph, which specifies "the Workers' Compensation Board of Western
Australia". The Board has been
abolished.
Item 2A - Before section
7
Item 2A inserts a new Subdivision heading
entitled "Subdivision A - General".
Item 2 -
Subsection 8E(1)
Item 2 inserts "Subject to
subsection (3)" in subsection 8E(1).
Item 3
- At the end of section 8E
Item 3 inserts a
new subsection 8E(3) which excludes the application of the Removal of
Prisoners (Territories) Act 1923 (the Act) in the Territory. The Act is
obsolete and the removal of prisoners is dealt with under applied Western
Australian laws.
Item 4 - Section
8F
Item 4 repeals section
8F.
Item 4A - At the end of Division 1 of
Part III
Item 4A inserts a new Subdivision
heading entitled "Subdivision B - Application of the Workplace Relations Act
1996" and new sections 8J to 8P which replace and amend section 8F concerning
the application of the Workplace Relations Act 1996 (the Act) in
the Territory.
A new section 8J replaces
subsections 8F(1) and 8F(2). It modifies the definition of industrial
dispute in subsection 4(1) of the Act to exclude WA employees, who are
employed to do work wholly or mainly in the Territory, from the operation of the
Act in relation to industrial disputes. The purpose is to ensure that a dispute
which is solely about the employment of WA employees in WA or the Territory or
both is not a dispute which extends beyond the limits of the Territory so as to
come under the jurisdiction of the Act.
A new
section 8K modifies the application of section 5AA of the Act to prevent the
provisions relating to the additional operation of the Act in relation to
certified agreements applying to the relationship between a WA employee working
in the Territory and his or her employer.
A new
section 8L modifies paragraphs 170CB(1)(b) and 170CB(4)(b) of the Act to prevent
the provisions relating to unfair dismissal in Division 3 of Part VIA applying
to WA employees working in the Territory.
A new
section 8M modifies paragraph 170V(c) of the Act to prevent the provisions
relating to AWAs in Part VID of the Act applying to WA employees working in the
Territory.
A new section 8N replaces subsection
8F(3).
A new section 8P defines the terms
WA Act and WA employee used in the
Subdivision.
Item 5 - Section
14E
Item 5 omits reference to sections 18A,
18B, 18C, 18D, 18E and 18F in section 14E. These sections are being
repealed.
Item 6 - Sections 18, 18A, 18B,
18C, 18D, 18E and 18F
Item 6 repeals the
sections. The sections are obsolete provisions, which have been replaced by
applied Western Australian laws. They relate to the arrangements for the
removal of prisoners and persons of unsound mind from the Territory (section
18).
They deal with the removal and return of
persons to the Territory who have been accused of an indictable offence and
where the Supreme Court of Christmas Island had made an order to sit in a State
to conduct the trial (sections 18A-18F). The jurisdiction of the Territory was
conferred on Western Australian courts in accordance with the Territories Law
Reform Act 1992 and the Supreme Court of Christmas Island no longer
functions.
Schedule 3 - Amendment of the
Cocos (Keeling) Islands Act 1955
Item 1
- Subsection 4(1) (paragraph (h) of the definition of court of Western
Australia)
Item 1 repeals the paragraph
which specifies "the Workers' Compensation Board of Western Australia". The
Board has been abolished.
Item 2A - Before
section 7A
Item 2A inserts a new
Subdivision heading entitled "Subdivision A -
General".
Item 2 - Subsection
8E(1)
Item 2 inserts "Subject to subsection
(3)" in subsection 8E(1).
Item 3 - At the
end of section 8E
Item 3 inserts a new
subsection 8E(3) which excludes the application of the Removal of Prisoners
(Territories) Act 1923 (the Act) in the Territory. The Act is obsolete and
prisoners are dealt with under applied Western Australian
laws.
Item 4 - Section
8F
Item 4 repeals section
8F.
Item 4A - At the end of Division 1 of Part
III
Item 4A inserts a new Subdivision
heading entitled "Subdivision B - Application of the Workplace Relations Act
1996" and new sections 8J to 8P which replace and amend section 8F concerning
the application of the Workplace Relations Act 1996 (the Act) in
the Territory.
A new section 8J replaces
subsections 8F(1) and 8F(2). It modifies the definition of industrial
dispute in subsection 4(1) of the Act to exclude WA employees, who are
employed to do work wholly or mainly in the Territory, from the operation of the
Act in relation to industrial disputes. The purpose is to ensure that a dispute
which is solely about the employment of WA employees in WA or the Territory or
both is not a dispute which extends beyond the limits of the Territory so as to
come under the jurisdiction of the Act.
A new
section 8K modifies the application of section 5AA of the Act to prevent the
provisions relating to the additional operation of the Act in relation to
certified agreements applying to the relationship between a WA employee working
in the Territory and his or her employer.
A new
section 8L modifies paragraphs 170CB(1)(b) and 170CB(4)(b) of the Act to prevent
the provisions relating to unfair dismissal in Division 3 of Part VIA applying
to WA employees working in the Territory.
A new
section 8M modifies paragraph 170V(c) of the Act to prevent the provisions
relating to AWAs in Part VID of the Act applying to WA employees working in the
Territory.
A new section 8N defines the terms
WA Act and WA employee used in the
Subdivision.
Item 5 - Sections 15AF, 15AG,
15AH, 15AI, 15AJ and 15AK
Item 5 repeals
the sections. The sections are obsolete provisions, which have been replaced by
applied Western Australian laws. They deal with the removal and return of
persons to the Territory who have been accused of an indictable offence and
where an indictment court had made an order to sit in a State to conduct the
trial (sections 15AF-15AK). The jurisdiction of the Territory was conferred on
Western Australian courts in accordance with the Territories Law Reform Act
1992 and the Territory courts no longer
function.
Schedule 4 - Amendment of the
Australian Capital Territory (Planning and Land Management) Act
1988
Item 1 - Subsection 43(6) relating
to a quorum at meetings of the National Capital
Authority
Item 1 inserts a clause stating
that subsection 6A operates in setting a
quorum.
Item 2 - After subsection
43(6)
Item 2 inserts a new subsection
specifying what constitutes a quorum of a meeting of the National Capital
Authority when the full-time member is precluded from being present by section
42 of the Act, which relates to the disclosure of a direct or indirect pecuniary
interest.
Schedule 5 - Amendment of the
Northern Territory (Self-Government) Act
1978
Part 1 - Parliamentary
Secretaries
Item 1 defines a Parliamentary Secretary.
Item 2 inserts reference to Parliamentary
Secretaries.
Item 3 - Paragraph
21(2)(e)
Item 3 inserts reference to
Parliamentary Secretaries.
Item 4 - Section
31
Item 4 inserts reference to
Parliamentary Secretaries.
Item 5 -
Subsection 33(1)
Item 5 inserts reference
to Parliamentary Secretaries.
Item 6 -
Subsection 33(2)
Item 6 inserts reference
to Parliamentary Secretaries.
Item 7 inserts Subsection 34A providing for the
appointment of Parliamentary Secretaries by the Administrator.
Item 8 inserts reference to Parliamentary
Secretaries.
Item 9 inserts a new Subsection 36A describing how the
Administrator may appoint, and terminate the appointment of, Parliamentary
Secretaries.
Item 10 inserts reference to the office of
Parliamentary Secretary.
Item 11 inserts new Subsection 38(2A) containing a
description of the procedure for the taking of an oath or making an affirmation
by Parliamentary Secretaries.
Item 12 adds reference to new subsection
2A.
Item 13 - Subsection
54(1)
Item 13 inserts reference to the
office of Parliamentary Secretary.
Item 14 inserts Schedule 5A – Oath or affirmation
for Parliamentary Secretary. This is a new schedule inserted after Schedule 5.
It sets out the wording of the oath and affirmation of allegiance to be taken by
Parliamentary Secretaries.
Part 2 - Amendments
to remove gender specific language.
Items 15 to 56 remove gender specific
language.
Schedule 6 - Miscellaneous
amendments
Items 1 to
11
Items 1 to 11 remove gender specific
language as well as correcting a number of minor drafting and typographical
errors in the following
Acts:
♦ Transport and Communications
Legislation Amendment Act (No.2)
1992;
♦ Christmas Island Act
1958;
♦ Cocos (Keeling) Islands Act
1955;
♦ Australian Capital Territory
(Planning and Land Management) Act
1988;
♦ Northern Territory (Self
Government) Act 1978;
♦ Air Navigation
Act 1920;
♦ Airports Act
1996;
♦ Australian National Railways
Commission Act 1983;
♦ Civil Aviation
Legislation Amendment Act
1998;
♦ Navigation Act 1912;
and
♦ Norfolk Island Act
1979.