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1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
SENATE
(Amendments to be Moved on Behalf of the
Government)
(Circulated by authority of the Minister for Transport and
Regional Services,
the Hon. John Anderson)
ISBN: 0642 430608
(Amendments to be Moved on Behalf of the Government)
This amendment will provide for the wind-up of the Australian National
Railways Commission (AN) while preserving authority for the issuing of essential
land identification certificates.
Most provisions of the Australian
National Railways Commission Sale Act 1997 (the Sale Act), which enabled the
sale and transfer of the operations of AN, commenced on 30 June 1997. The
remaining provisions of the Sale Act, including those providing for the repeal
of the Australian National Railways Commission Act 1983 (the AN Act) and
the repeal or amendment of a number of other Acts relating to the previous
operations of AN commence on a day yet to be fixed by Proclamation.
All
conditions precedent required to proclaim the remaining provisions of the Sale
Act have now been satisfied. However, an administrative complication has arisen
in relation to land transferred from AN to the Australian Rail Track Corporation
(ARTC). This transfer was effected by a Declaration under section 67AE of the
AN Act. The Declaration was signed by the Minister for Finance and
Administration on 29 June 1998. While the land covered by this Declaration has
legally been transferred to the ARTC, the South Australian Registrar-General
will not register title in the name of the ARTC unless certificates specifically
identifying parcels of land under section 67AZJ of the AN Act are also provided.
As it is expected to take some years to complete the surveying and documentation
processes necessary for the issue of certificates it is essential that section
67AZJ remain in effect.
This amendment will enable the remaining
provisions of the Sale Act to be proclaimed and the wind-up of AN to be
finalised, while retaining the authority under which certificates for title for
the relevant land can be registered in the name of the ARTC.
This
amendment will also correct citations of the Port Augusta to Whyalla Railway
Act 1970 in both the Sale Act and the AN Act.
There is no financial impact.
Amendment (1)
This amendment substitutes a new
commencement provision in the Bill to provide for the commencement of Item 1 of
new Schedule 5A from the date the Sale Act received Royal Assent (30 July 1997).
This amendment does not affect any rights, it simply corrects an error to a
reference to legislation already in place.
Amendment
(2)
This is a technical amendment consistent with drafting
conventions to reflect the different commencement dates in Clause
2.
Amendment (3)
This amendment inserts new Schedule 5A,
which amends the Australian National Railways Commission Act 1983 and the
Australian National Railways Commission Sale Act 1997.
Schedule
5A – Amendments relating to the sale of the Australian National Railways
Commission
Australian National Railways Commission Act
1983
Item 1 - Subparagraph 67AZR(1)(a)(i)
This item
corrects a technical drafting error in the citation of the Port Augusta to
Whyalla Railway Act 1970.
Item 2 - After item 4 of Schedule 3
This item inserts new
item 4A which preserves section 67AZJ of the AN Act so that it continues to have
effect after that Act has been repealed. Preservation of the section will
permit the Minister for Finance and Administration, or a person authorised by
the Minister in writing, to issue certificates in respect of land that has been
transferred under section 67AE or 67AM so that land title registration officials
can register the change of title.
Item 3 - Schedule 3 (heading
appearing immediately before item 7)
This item corrects a technical
drafting error in the citation of the Port Augusta to Whyalla Railway Act
1970.