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AUDIT (TRANSITIONAL AND MISCELLANEOUS) AMENDMENT ACT 1997 - SCHEDULE 2

Consequential amendments of Acts

Aboriginal and Torres Strait Islander Commission Act 1989

1   Subsection 4(1) (definition of approved bank )

Repeal the definition.

2   Add at the end of subsection 6(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

3   Section 37

Repeal the section.

4   Paragraph 40(7)(e)

Omit "37", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

5   At the end of section 42

Add:

  (2)   This section does not apply to a liability that arises under the Commonwealth Authorities and Companies Act 1997 .

6   Paragraph 44(5)(a)

Omit "37", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

7   Subsection 44(13)

Omit "37", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

8   After subsection 61(6B)

Insert:

  (6C)   Section 14 of the Commonwealth Authorities and Companies Act 1997 does not apply to the Commission.

9   After subsection 67(3)

Insert:

  (3A)   Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997 .

10   Subsection 67(6)

Repeal the subsection.

11   After subsection 68(3)

Insert:

  (3A)   Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997 .

12   Subsection 68(6)

Repeal the subsection.

13   Subsection 69(1)

Omit "an approved bank", substitute "a bank".

14   At the end of section 69

Add:

  (3)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

15   Subsection 72(1)

Repeal the subsection, substitute:

  (1)   In this section, annual report means the annual report of the Commission prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 .

16   Subsections 72(2), (3) and (4)

Omit "report prepared under subsection (1)", substitute "annual report".

17   Subsection 72(5)

After "financial statements", insert "included in the annual report".

18   Subsection 72(6)

Omit "report prepared under subsection (1)", substitute "annual report".

19   Subsection 72(7)

Omit "a report prepared under subsection (1)", substitute "an annual report".

20   Subsections 72(8) and (9)

Repeal the subsections.

21   Section 73

Repeal the section.

22   Subsection 74(1)

Omit ", not inconsistent with this Act or the regulations,".

23   After subsection 74(1)

Insert:

  (1A)   Directions under subsection (1) must not be inconsistent with:

  (a)   this Act or the regulations under this Act; or

  (b)   the Commonwealth Authorities and Companies Act 1997 , or regulations or Finance Minister's Orders made under that Act.

24   Subsection 74(3)

Repeal the subsection.

25   Subsection 99(1)

Omit "4 months", substitute "2 months".

26   At the end of subsection 142(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the TSRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

27   Section 143N

Repeal the section.

28   Paragraph 143S(6)(e)

Omit "143N", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

29   At the end of section 143U

Add:

  (3)   This section does not apply to a liability that arises under the Commonwealth Authorities and Companies Act 1997 .

30   Paragraph 144E(5)(a)

Omit "143N", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

31   Subsection 144E(14)

Omit "143N", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

32   After subsection 144V(3)

Insert:

  (3A)   Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997 .

33   Subsection 144V(6)

Repeal the subsection.

34   Subsection 144W(4)

Repeal the subsection, substitute:

  (4)   Subsection (3) does not prevent the investment of money under section 18 of the Commonwealth Authorities and Companies Act 1997 .

35   Subsection 144X(1)

Omit "an approved bank", substitute "a bank".

36   At the end of section 144X

Add:

  (3)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

37   At the end of section 144ZA

Add:

  (5)   Section 14 of the Commonwealth Authorities and Companies Act 1997 does not apply to the TSRA.

38   Subsection 144ZB(1)

Repeal the subsection, substitute:

  (1)   In this section, annual report means the annual report of the TSRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 .

Note:   The heading to section 144ZB is altered by omitting " and financial statements ".

39   Subsection 144ZB(2)

Omit "each report", substitute "each annual report".

40   Subsection 144ZB(3)

Omit "report relating to the year", substitute "annual report for the year".

41   Subsection 144ZB(4)

Omit "report under this section", substitute "annual report".

42   Subsection 144ZB(5)

Omit "a report under this section", substitute "an annual report".

43   Subsections 144ZB(6) and (7)

Repeal the subsections.

44   Section 144ZC

Repeal the section.

45   Subsection 144ZD(1)

Omit ", not inconsistent with this Act or the regulations,".

46   After subsection 144ZD(1)

Insert:

Directions must not be inconsistent with this Act etc.

  (1A)   Directions under subsection (1) must not be inconsistent with:

  (a)   this Act or the regulations under this Act; or

  (b)   the Commonwealth Authorities and Companies Act 1997 , or regulations or Finance Minister's Orders made under that Act.

47   Subsection 144ZD(3)

Repeal the subsection.

48   At the end of subsection 145(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

49   Section 151

After "this Act", insert "or the Commonwealth Authorities and Companies Act 1997 ".

50   Section 163

Repeal the section.

51   Paragraph 165(2)(c)

Omit "163", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

52   Paragraph 167(3)(a)

Omit "163", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

53   Subsection 167(11)

Omit "163", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

54   Section 180

Repeal the section.

55   Section 186

Repeal the section.

56   Section 189

Repeal the section.

57   At the end of subsection 191A(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Indigenous Land Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

58   Section 191L

After "this Act", insert "or the Commonwealth Authorities and Companies Act 1997 ".

59   Section 191M

Repeal the section.

60   Subsections 192F(1) and (2)

Repeal the subsections.

61   Paragraph 192H(2)(e)

After "192F", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

62   Paragraph 192J(3)(a)

Omit "192F", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

Note:   The heading to subsection 192J(3) is altered by omitting " 192F " and substituting " 21 of the Commonwealth Authorities and Companies Act 1997 ".

63   Subsection 192W(1)

Omit "fund", substitute "reserve".

64   Subsections 192W(2) to (5)

Repeal the subsections, substitute:

  (2)   The Land Fund is a component of the Reserved Money Fund.

  (3)   So far as practicable, money in the Land Fund that is not required for the purpose of making payments out of the Land Fund must be invested under section 39 of the Financial Management and Accountability Act 1997.

  (4)   If income is received by the Commonwealth from the investment of money from the Land Fund, an amount equal to the income must be transferred to the Land Fund from the Consolidated Revenue Fund.

65   Section 193F

Repeal the section.

66   Paragraph 193G(1)(b)

Repeal the paragraph, substitute:

  (b)   any person to whom the Finance Minister has delegated powers conferred on the Finance Minister by section 39 of the Financial Management and Accountability Act 1997 , in so far as those powers relate to the Land Fund; and

67   Subsection 193G(1) (note)

Repeal the note.

68   Section 193K

Repeal the section, substitute:

193K   Modifications of Commonwealth Authorities and Companies Act

  (1)   Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Indigenous Land Corporation.

  (2)   The annual report of the Indigenous Land Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must include such additional information (if any) as is specified in the regulations under this Act.

  (3)   Division 2 of Part 3 (except section 10) of the Commonwealth Authorities and Companies Act 1997 applies as if the first category A year were a financial year.

69   Section 193V

Repeal the section.

70   Subsections 200(3), (4) and (5)

Repeal the subsections.

Aboriginal Councils and Associations Act 1976

71   At the end of subsection 19(3)

Add:

Note:   Subject to section 19A, the Commonwealth Authorities and Companies Act 1997 applies to an Aboriginal Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

72   After section 19

Insert:

19A   Application of the Commonwealth Authorities and Companies Act 1997 if Administrator appointed

    If an Administrator of an Aboriginal Council is appointed under Part V then, while the appointment remains in force:

  (a)   subject to paragraph (b), the Commonwealth Authorities and Companies Act 1997 applies in relation to the Aboriginal Council as if the Administrator were the sole director of the Aboriginal Council for the purposes of that Act; and

  (b)   section 21 of that Act does not apply to the Administrator.

73   Paragraph 22(1)(b) and subsection 22(9)

Omit "Chairman" (wherever occurring), substitute "Chair".

74   Subsections 22(4), (8), (8A) and (9)

After "this Act" (wherever occurring), insert "or the Commonwealth Authorities and Companies Act 1997 ".

75   Subsection 23(1)

After "regulations", insert "and to the Commonwealth Authorities and Companies Act 1997 " .

76   Section 29

After "this Act", insert "and the Commonwealth Authorities and Companies Act 1997 ".

77   Paragraph 29(c)

Repeal the paragraph.

78   Paragraph 35(2)(a)

Omit "or the regulations", substitute ", the regulations or the Commonwealth Authorities and Companies Act 1997 ".

79   Subsection 36(3)

Omit "Chairman" (wherever occurring), substitute "Chair".

80   Subsections 38(1), (2), (3) and (4)

Repeal the subsections, substitute:

  (1)   The members of an Aboriginal Council must give the Registrar a copy of the annual report on the Council for a financial year under section 9 of the Commonwealth Authorities and Companies Act 1997 . The copy must be given to the Registrar as soon as practicable after the report is given to the Minister, and must not be given to the Registrar later than 31 December in the next financial year.

Note:   The heading to section 38 is replaced by the heading " Extra reporting and accounting requirements ".

81   Paragraph 38(5)(a)

Omit "accounts and records", substitute "accounting records".

82   Paragraph 38(5)(b)

Omit "Council's report and the examiner's report ", substitute "annual report on the Council".

83   Subsection 38(6)

Repeal the subsection.

84   Paragraph 40(1)(a)

Omit "or the Rules", substitute ", the Rules or the Commonwealth Authorities and Companies Act 1997 ".

85   Subsection 56(3)

Omit "Chairman" (wherever occurring), substitute "Chair".

86   After section 75

Insert:

75A   Disclosure of interest by Administrator of Aboriginal Council

    If the corporation is an Aboriginal Council, the Administrator must give written notice to the Minister of any material personal interest that the Administrator has in a matter being considered or about to be considered in relation to a matter.

Aboriginal Land Grant ( Jervis Bay Territory ) Act 1986

87   Subsection 2(2)

Repeal the subsection.

88   At the end of section 2

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

89   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

90   After section 4

Insert:

4A   Who are directors for the purposes of the Commonwealth Authorities and Companies Act 1997 ?

    The members of the executive committee (not the registered members of the Council) are directors of the Council for the purposes of the application of the Commonwealth Authorities and Companies Act 1997 to the Council.

91   Paragraph 28(2)(a)

Omit "or by the regulations", substitute ", by the regulations or by the Commonwealth Authorities and Companies Act 1997 ".

92   Section 51

Repeal the section.

93   Section 52

Repeal the section, substitute:

52   Annual report to be laid before meeting of Council

    The executive committee must table a copy of the annual report on the Council at the next general meeting of the Council held after the deadline for the financial year to which the report relates. The report is prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 and the deadline is as specified in that section.

Aboriginal Land ( Lake Condah and Framlingham Forest ) Act 1987

94   Part VI (heading)

Repeal the heading, substitute:

Part VI -- Funding

95   Subsection 38(1)

Omit "trust fund", substitute "reserve".

Note:   The heading to section 38 is replaced by the heading " Payments into and out of Reserves ".

96   Subsection 38(1)

Omit "Trust Fund", substitute "Reserve".

97   Subsection 38(2)

Omit "Trust Fund", substitute "Reserve".

98   Subsection 38(3)

Omit "trust fund", substitute "reserve".

99   Subsection 38(3)

Omit "Trust Fund", substitute "Reserve".

100   Subsection 38(4)

Omit "Trust Fund", substitute "Reserve".

101   Subsection 38(5)

Repeal the subsection.

102   Subsection 38(6)

Omit "Trust Fund", substitute "Reserve".

103   Subsection 38(7)

Omit "Land Trust Fund", substitute "Land Reserve".

104   Paragraph 38(7)(b)

Omit "paid into the Aboriginal Advancement Trust Fund", substitute "credited to the Consolidated Revenue Fund".

105   After subsection 38(7)

Insert:

  (7A)   Whenever an amount is credited to the Consolidated Revenue Fund under paragraph (7)(b), an equal amount must be transferred to the Aboriginal Advancement Reserve from the Consolidated Revenue Fund.

106   Subsection 38(8)

Omit "Forest Trust Fund", substitute "Forest Reserve".

107   Paragraph 38(8)(b)

Omit "paid into the Aboriginal Advancement Trust Fund", substitute "credited to the Consolidated Revenue Fund".

108   After subsection 38(8)

Insert:

  (8A)   Whenever an amount is credited to the Consolidated Revenue Fund under paragraph (8)(b), an equal amount must be transferred to the Aboriginal Advancement Reserve from the Consolidated Revenue Fund.

109   Subsection 38(9)

Omit "Trust Fund", substitute "Reserve".

110   Subsection 38(10)

Omit "Trust Fund" (first, second and third occurring), substitute "Reserve".

111   Paragraph 38(10)(b)

Omit "paid into the Aboriginal Advancement Trust Fund", substitute "credited to the Consolidated Revenue Fund".

112   Subsections 38(11) and (12)

Repeal the subsections, substitute:

  (11)   A reserve established by this section is a component of the Reserved Money Fund.

  (12)   If interest is received by the Commonwealth from the investment of money from a reserve established by this section, an amount equal to the interest must be transferred to that reserve from the Consolidated Revenue Fund.

Aboriginal Land Rights ( Northern Territory ) Act 1976

113   Subsection 3(1) (definition of Trust Account )

Repeal the definition.

114   Subsection 3(1)

Insert:

"Reserve" means the Aboriginals Benefit Reserve established by section 62.

115   Subsections 4(5) and (5A) and 7(1) and (1A)

Omit "Chairman" (wherever occurring), substitute "Chair".

116   At the end of subsection 22(1)

Add:

Note:   Subject to section 22A, the Commonwealth Authorities and Companies Act 1997 applies to a Land Council. That Act deals with matters relating to reporting and accountability, banking and investment, and conduct of officers.

117   After section 22

Insert:

22A   Who are directors for the purposes of the Commonwealth Authorities and Companies Act 1997 ?

  (1)   Subject to subsection (2), the members of a Land Council are directors of the Council for the purposes of the application of Division 4 of Part 3 of the Commonwealth Authorities and Companies Act 1997 to the Land Council.

  (2)   The Chair of a Land Council (not the members of the Land Council) is the only director of the Council for the purposes of the application to the Land Council of the other provisions of the Commonwealth Authorities and Companies Act 1997 .

118   Subsection 28(1) and sections 30 and 31

Omit "Chairman" (wherever occurring), substitute "Chair".

119   Section 32

Repeal the section.

120   After subsection 34(3)

Insert:

  (3A)   A Land Council is also required to prepare budget estimates under section   14 of the Commonwealth Authorities and Companies Act 1997 .

Note:   The heading to section 34 is replaced by the heading " Administrative expenditure to be in accordance with approved estimates ".

121   Subsection 35(10)

Omit "accordance with section 62B of the Audit Act 1901 ", substitute "investments of the kind authorised by section 39 of the Financial Management and Accountability Act 1997 ".

122   Sections 37, 37AA, 37A and 38

Repeal the sections, substitute:

37   Additional reporting requirements

    The annual report on a Land Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include particulars of any determinations:

  (a)   made by the Land Council under subsection 35(1), (2), (3) or (3A) during the financial year to which the report relates; or

  (b)   made by the Minister under subsection 35(6) during that year.

123   Part VI (heading)

Repeal the heading, substitute:

Part VI -- Aboriginals Benefit Reserve

124   Subsection 62(1)

Omit "Fund", substitute "reserve".

Note:   The heading to section 62 is altered by omitting " Trust Account " and substituting " Reserve ".

125   Subsection 62(1)

Omit "Trust Account", substitute "Reserve".

126   Subsections 62(2) and (3)

Repeal the subsections, substitute:

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

127   Subsections 63(2), (3), (3A) and (4)

Omit "Trust Account", substitute "Reserve".

Note:   The heading to section 63 is altered by omitting " Trust Account " and substituting " Reserve ".

128   Subsection 63(5A)

Omit "paid into the Trust Account", substitute "transferred to the Reserve from the Consolidated Revenue Fund amounts equal to".

129   Subsection 63(5B)

Omit "paid into the Trust Account", substitute "transferred to the Reserve from the Consolidated Revenue Fund amounts equal to".

130   Subsection 63(6)

Repeal the subsection.

131   Section 64

Omit "Trust Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 64 is altered by omitting " Trust Account " and substituting " Reserve ".

132   Section 64A

Omit "Trust Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 64A is altered by omitting " Trust Account " and substituting " Reserve ".

133   Subsections 64B(1), (2), (3) and (4)

Repeal the subsections, substitute:

  (1)   As soon as practicable after 30 June in each year, the Commission must prepare and give to the Minister a report relating to the operation of the Reserve for the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

  (3)   The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

134   Section 65

Omit "Trust Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 65 is altered by omitting " Trust Account " and substituting " Reserve ".

135   Subsections 65(2) and (3)

Omit "Chairman" (wherever occurring), substitute "Chair".

Acts Interpretation Act 1901

136   Paragraph 17(k)

Repeal the paragraph, substitute:

  (k)   Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution;

  (ka)   Loan Fund means the Loan Fund established by section 19 of the Financial Management and Accountability Act 1997 ;

  (kb)   Reserved Money Fund means the Reserved Money Fund established by section 20 of the Financial Management and Accountability Act 1997.

137   Section 18B

Repeal the section, substitute:

18B   How Chairs and Deputy Chairs may be referred to

  (1)   Where an Act establishes an office of Chair of a body, the Chair may be referred to as Chair, Chairperson, Chairman, Chairwoman or by any other such term as the person occupying the office so chooses.

  (2)   If a person occupying an office mentioned in subsection (1) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate:

  (a)   Chair;

  (b)   Chairperson;

  (c)   Chairman;

  (d)   Chairwoman.

  (3)   Where an Act establishes an office of Deputy Chair of a body, the Deputy Chair may be referred to as Deputy Chair, Deputy Chairperson, Deputy Chairman, Deputy Chairwoman or by any other such term as the person occupying the office so chooses.

  (4)   If a person occupying an office mentioned in subsection (3) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate:

  (a)   Deputy Chair;

  (b)   Deputy Chairperson;

  (c)   Deputy Chairman;

  (d)   Deputy Chairwoman.

Acts Interpretation Amendment Act 1976

138   Subsection 8(3)

Repeal the subsection.

Administrative Appeals Tribunal Act 1975

139   Section 24R

Repeal the section, substitute:

24R   Annual report

  (1)   As soon as practicable after 30 June in each year, the President must prepare and give to the Minister a report of the management of the administrative affairs of the Tribunal during the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

  (3)   The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

140   Sections 24S and 24T

Repeal the sections.

Administrative Decisions (Judicial Review) Act 1977

141   Paragraph (h) of Schedule 2

Omit "32 or 36A of the Audit Act 1901 ", substitute "27 of the Financial Management and Accountability Act 1997 ".

Agricultural and Veterinary Chemicals (Administration) Act 1992

142   At the end of section 10

Add:

  (5)   Section 28 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the NRA.

143   At the end of subsection 12(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the NRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

144   Subsections 23(1), (2) and (3)

Repeal the subsections.

Note:   The heading to section 23 is altered by adding at the end " in resolutions without formal meetings ".

145   Paragraph 24(2)(b)

After "23", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

146   Section 61

Repeal the section.

147   At the end of section 62

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the NRA under section 18 of the Commonwealth Authorities and Companies Act 1997 .

148   Section 68

Omit "Without limiting the generality of subsection 63H(1) of the Audit Act 1901 in its application in relation to the NRA, the NRA must include in each report referred to in that subsection", substitute "The directors must include in each report on the NRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

149   Paragraph 69(1)(b)

Omit "63D(1) of the Audit Act 1901 ", substitute "18(2) of the Commonwealth Authorities and Companies Act 1997 ".

150   Subsection 69(2)

Repeal the subsection.

151   Section 81

Repeal the section.

Aircraft Noise Levy Collection Act 1995

152   Subsection 17(4)

Repeal the subsection.

Air Services Act 1995

153   At the end of subsection 7(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to AA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Albury - Wodonga Development Act 1973

154   Section 5

Omit "Chairman" (wherever occurring), substitute "Chair".

155   Subsection 5(1)

Omit "Chairmen", substitute "Chairs".

156   After section 9

Insert:

9A   Commonwealth Authorities and Companies Act 1997 does not apply to Corporation

    The Corporation is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

157   Subclause 5(3) of Schedule 2

Omit "Chairman" (wherever occurring), substitute "Chair".

Anglo - Australian Telescope Agreement Act 1970

158   After section 6

Insert:

6A   Commonwealth Authorities and Companies Act 1997 does not apply to Board

    The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

159   Subarticles 7(1) and (2) of the Schedule

Omit "Chairman" (wherever occurring), substitute "Chair".

Australia Council Act 1975

160   At the end of subsection 8(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

161   Subparagraph 14(2)(a)(ii)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

162   Subsection 15(6)

Omit "and section 19", substitute "of this Act and section 21 of the Commonwealth Authorities and Companies Act 1997 ".

163   Section 19

Repeal the section.

164   Paragraph 19F(2)(e)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

165   Subsection 27(2)

Omit "19 or 31", substitute "31 of this Act or with section 21 of the Commonwealth Authorities and Companies Act 1997 ".

166   After subsection 33(1)

Insert:

  (1A)   Subsection (1) does not prevent investment of surplus money of the Council under section 18 of the Commonwealth Authorities and Companies Act 1997 .

167   Subsection 34(2A)

Omit "in accordance with subsection 36A(2)", substitute "under section   18 of the Commonwealth Authorities and Companies Act 1997 .

168   Sections 35 and 36

Repeal the sections.

169   At the end of subsection 36A(1)

Add "The Council may also invest surplus money under section 18 of the Commonwealth Authorities and Companies Act 1997 .".

170   Subsection 36A(2)

Repeal the subsection.

171   Subsection 36A(3)

Omit "in accordance with this section", substitute "as mentioned in subsection (1)".

172   Section 37

Repeal the section.

173   Section 38

Repeal the section, substitute:

38   Extra reporting requirements

  (1)   The annual report on the Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

  (a)   particulars of all matters specified by the Minister under paragraph 6A(c) during the year to which the report relates; and

  (b)   the text of all directions under sections 6B and 7 during the year to which the report relates.

  (2)   The Minister must cause any report or financial statements given by the members of the Council to the Minister under paragraph 16(1)(b) of the Commonwealth Authorities and Companies Act 1997 to be tabled in each House of the Parliament as soon as practicable.

174   Section 39

Repeal the section.

Australia - Japan Foundation Act 1976

175   Section 3 (definition of Fund )

Repeal the definition.

176   Section 3

Insert:

"Reserve" means the reserve established by section 17.

177   Paragraph 5(1)(d)

Omit "Fund", substitute "Reserve".

178   Subsection 9(3), paragraph 9(4)(a), subsection 12(1) and section 15

Omit "Chairman" (wherever occurring), substitute "Chair".

179   Part IV (heading)

Repeal the heading, substitute:

Part IV -- Australia - Japan Reserve

180   Section 17

Repeal the section, substitute:

17   Establishment of Reserve

  (1)   This subsection establishes a reserve called the Australia - Japan Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

181   Section 18

Omit "The Fund shall consist of", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund".

Note:   The heading to section 18 is altered by omitting " Fund " and substituting " Reserve ".

182   Paragraph 18(a)

Omit "Fund", substitute "Reserve".

183   Paragraph 18(b)

Before "income", insert "amounts equal to".

184   Paragraph 18(b)

Omit "Fund", substitute "Reserve".

185   Paragraph 18(c)

Before "any moneys", insert "amounts equal to".

186   Paragraph 18(c)

Omit "Fund", substitute "Reserve".

187   Paragraph 18(d)

Before "any other moneys", insert "amounts equal to".

188   Paragraph 18(e)

Before "any moneys", insert "amounts equal to".

189   Subsection 19(1)

Omit "Fund", substitute "Reserve".

Note:   The heading to section 19 is altered by omitting " Fund " and substituting " Reserve ".

190   Sections 24A, 24B and 25

Repeal the sections, substitute:

25   Annual report

  (1)   As soon as practicable after 30 June in each year, the Foundation must prepare and give to the Minister a report of the operations of the Foundation during the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 ; and

  (c)   a copy of all directions given by the Minister to the Foundation during the year under subsection 5(3) of this Act.

  (3)   The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

  (4)   The Foundation must give the Minister any additional reports (with or without financial statements) that the Minister from time to time requires.

Australia New Zealand Food Authority Act 1991

191   At the end of subsection 6(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

192   At the end of section 11

Add:

  (4)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Authority.

193   Subsections 50(1), (2) and (3)

Repeal the subsections.

194   Paragraph 52(2)(b)

After "50", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

195   Section 56

Repeal the section.

196   At the end of section 57

Add:

  (3)   Subsection (2) does not prevent investment of surplus money of the Authority under section 18 of the Commonwealth Authorities and Companies Act 1997 .

197   Section 59

Repeal the section.

198   Paragraph 60(1)(b)

Omit "63J(1) of the Audit Act 1901 (as that subsection applies under subsection 59(1))", substitute "18(2) of the Commonwealth Authorities and Companies Act 1997 ".

199   Subsection 60(2)

Repeal the subsection.

200   Section 69

Omit "The Authority must include in each report prepared under section 63M of the Audit Act 1901 (as that section applies to the Authority under subsection 59(1))", substitute "The members must include in each report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

Australian Broadcasting Corporation Act 1983

201   At the end of subsection 5(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

202   Subsection 8(3)

Omit "this section shall", substitute "subsection (1) or (2) is to".

203   Subsection 17(1)

Repeal the subsection.

204   Subsection 17(1A)

Omit "subsection (1)", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

205   Subsection 17(2)

Repeal the subsection.

206   Subsection 17(5)

Repeal the subsection.

207   Subparagraph 18(2)(a)(ii)

Omit "17", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

208   At the end of subsection 25A(2)

Add:

Note:   Section 15 of the Commonwealth Authorities and Companies Act 1997 requires Directors to notify the Minister of significant business activities and arrangements.

209   Subsection 25A(3)

Repeal the subsection.

210   Subsection 68(1)

Omit "Subject to subsection (2), the", substitute "The".

211   Subsections 68(2) and (3)

Repeal the subsections, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of the Corporation under section 18 of the Commonwealth Authorities and Companies Act 1997 .

Note:   The heading to section 68 is altered by omitting " and investment ".

212   Section 69

Repeal the section.

213   Section 72

Repeal the section.

214   At the end of section 78

Add:

  (7)   Without limiting subsection (6), section 28 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the Corporation.

215   Section 80

Omit "Board must cause to be included in each report prepared under section 63M of the Audit Act 1901 , as that section applies to the Corporation by virtue of section 72 of this Act", substitute "Directors must include in each annual report on the Corporation prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

Australian Centre for International Agricultural Research Act 1982

216   Section 3 (definition of Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

217   Section 3 (definition of Fund )

Repeal the definition.

218   Section 3

Insert:

"Reserve" means the reserve established by section 33.

219   Section 9, subsections 10(6), 14(2), (4) and (5) and 15(6)

Omit "Chairman" (wherever occurring), substitute "Chair".

220   Subsection 33(1)

Omit "Trust Fund", substitute "Reserve".

Note:   The heading to section 33 is altered by omitting " Fund " and substituting " Reserve ".

221   Subsection 33(2)

Repeal the subsection, substitute:

  (2)   The Reserve is a component of the Reserved Money Fund.

222   Section 34

Repeal the section, substitute:

34   Payments into Reserve

    There must be transferred to the Reserve from the Consolidated Revenue Fund:

  (a)   all money appropriated by the Parliament for the purposes of the Reserve; and

  (b)   amounts equal to money from time to time received by the Centre.

223   Section 35

Omit "Fund", substitute "Reserve".

Note:   The heading to section 35 is altered by omitting " Fund " and substituting " Reserve ".

224   Section 36

Omit "Fund" (wherever occurring), substitute "Reserve".

225   Sections 38A, 38AA, 38B and 39

Repeal the sections, substitute:

39   Annual report

  (1)   As soon as practicable after 30 June in each year, the Board must prepare and give to the Minister a report of the operations of the Centre during the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

  (3)   The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

Australian Film Commission Act 1975

226   Section 3 (definitions of Chairman , Deputy Chairman and member )

Omit "Chairman" (wherever occurring), substitute "Chair".

227   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

228   Subsection 6(4)

Omit all the words from and including "The Commission" to and including "a statement of:", substitute "The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include a statement of:".

229   Subsection 15(1) and sections 19 and 20

Omit "Chairman" (wherever occurring), substitute "Chair".

230   Section 22

Repeal the section.

231   Subparagraph 23(2)(a)(ii)

Omit "section 22", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

232   Subsections 23(3) and 28(1), (4), (5), (6) and (7)

Omit "Chairman" (wherever occurring), substitute "Chair".

233   Section 32

Repeal the section.

234   Subsection 33(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

235   Section 34

Repeal the section.

236   Paragraph 35(2)(b)

Omit "in accordance with subsection 33(2)", substitute "under section   18 of the Commonwealth Authorities and Companies Act 1997 ".

237   Sections 37, 38, 40D, 44 and 45

Repeal the sections.

Australian Film, Television and Radio School Act 1973

238   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the School. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

239   Subsection 12(5) and section 13

Omit "Chairman" (wherever occurring), substitute "Chair".

240   Paragraph 18(c)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

241   Section 19

Repeal the section.

242   Sections 20 and 23

Omit "Chairman" (wherever occurring), substitute "Chair".

243   Paragraph 29(1)(c)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

244   Sections 37 and 38

Repeal the sections.

245   After subsection 39(1)

Insert:

  (1A)   Subsection (1) does not prevent investment of surplus money of the School under section 18 of the Commonwealth Authorities and Companies Act 1997 .

246   Paragraph 51(c)

Omit "chairman", substitute "chair".

Australian Heritage Commission Act 1975

247   Section 3 (definition of Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

248   At the end of subsection 11(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

249   Paragraph 12(1)(a), subsections 12(1A), (3), (7), (8) and (9), section 16 and subsection 17(2)

Omit "Chairman" (wherever occurring), substitute "Chair".

250   Paragraph 18(2)(c)

Omit "section 19", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

251   Section 19

Repeal the section, substitute:

19   Application of section 21 of the Commonwealth Authorities and Companies Act 1997 to deemed and co - opted Commissioners

    Section 21 of the Commonwealth Authorities and Companies Act 1997 (disclosure of material personal interests) applies to a person deemed to be a Commissioner under subsection 17(3), or to a person who is a co - opted Commissioner, as if the person were a Commissioner.

252   Section 20

Omit "Chairman" (wherever occurring), substitute "Chair".

253   Subsection 21(3)

Repeal the subsection, substitute:

  (3)   A person appointed under subsection (1):

  (a)   is to be regarded as a Commissioner for the purposes of section 14 of this Act and of section 21 of the Commonwealth Authorities and Companies Act 1997 ; but

  (b)   is not to be regarded as a Commissioner for the purposes of any of the other provisions of this Act or of the Commonwealth Authorities and Companies Act 1997 .

254   Subsection 32(2)

Omit "Chairman", substitute "Chair".

255   At the end of section 35

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

256   Sections 36, 38, 40 and 41

Repeal the sections.

257   Section 43

Repeal the section, substitute:

43   Extra reporting requirements

  (1)   The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

  (a)   a description of the condition of the national estate at the end of the period to which the report relates; and

  (b)   the text of all directions given by the Minister to the Commission under section 25 during the period to which the report relates.

  (2)   The Commission may also give the Minister any other reports relating to the national estate that it thinks fit.

  (3)   The Minister must cause any report the Commission gives the Minister under subsection (2), or under paragraph 16(1)(b) of the Commonwealth Authorities and Companies Act 1997 , to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

Australian Horticultural Corporation Act 1987

258   Subsection 3(1) (definition of authorised auditor )

Repeal the definition.

259   Subsection 3(1) (definition of company auditor )

Repeal the definition.

260   Subsection 3(1) (definition of Corporation auditor )

Repeal the definition.

261   At the end of subsection 12(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

262   At the end of section 13

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

263   Section 14

Repeal the section.

264   Subsection 15(8)

Repeal the subsection.

265   At the end of section 15

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

266   Section 23

Repeal the section.

267   Paragraph 24(2)(b)

Omit "23", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

268   Subsection 30(1)

Repeal the subsection.

269   Subsection 30(2)

Omit "Without limiting the generality of subsection (1), the Corporation shall include in the report:", substitute "The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 30 is replaced by the heading " Extra matters to be included in annual report ".

270   Paragraph 30(2)(a)

Omit "and of each Board".

271   Paragraph 30(2)(b)

Omit "or a Board" (wherever occurring).

272   Subsections 30(3), (4), (4A) and (5)

Repeal the subsections.

273   After section 30

Insert:

30A   Corporation to give Minister annual reports on Product Boards

  (1)   The Corporation must, by the 15 October after the end of each financial year, give to the Minister the annual report on each Product Board for that year given to the Corporation by the Board under section 9 of the Commonwealth Authorities and Companies Act 1997 (as modified by section 101A of this Act).

  (2)   The Minister may grant an extension of time in special circumstances.

  (3)   The Minister must table each report in each House of the Parliament as soon as practicable.

274   Subsection 49(1)

Repeal the subsection.

Note:   The heading to section 49 is replaced by the heading " Separate accounts may be required in some circumstances ".

275   Sections 50, 51, 56 and 57

Repeal the sections.

276   Subsection 73(5)

Repeal the subsection, substitute:

  (5)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to the committee as if the committee were a Commonwealth authority (as defined in that Act).

277   At the end of section 84

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

278   Section 85

Repeal the section.

279   Subsection 86(8)

Repeal the subsection.

280   At the end of section 86

Add:

Note:   For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

281   At the end of subsection 101(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to each Board. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

282   After section 101

Insert:

101A   Modification of the Commonwealth Authorities and Companies Act 1997

    Section 9 of the Commonwealth Authorities and Companies Act 1997 applies in relation to a Board as if:

  (a)   a reference to the responsible Minister were instead a reference to the Corporation; and

  (b)   the reference to the 15th day of the 4th month after the end of the financial year were instead a reference to the next 31   August after the end of the financial year; and

  (c)   subsection (3) were omitted.

283   Subsection 115F(1)

Repeal the subsection.

284   Subsection 115F(2)

Omit "Without limiting the generality of subsection (1), each report must include:", substitute "The annual report on a Board under section   9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 115F is replaced by the heading " Extra matters to be included in Product Board annual reports ".

285   Subsections 115F(3), (4) and (5)

Repeal the subsections.

286   Section 115FA

Omit "a report of a Board has been given to the Corporation under subsection 115F(1)", substitute "an annual report on a Board has been given to the Corporation".

287   Section 115S

Omit "50, 51,".

288   Section 115T

Repeal the section.

289   Subsection 115ZB(5)

Repeal the subsection, substitute:

  (5)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to a committee as if the committee were a Commonwealth authority (as defined in that Act).

Australian Industry Development Corporation Act 1970

290   Section 4 (definition of Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

291   At the end of subsection 5(2)

Add:

Note:   Subject to section 5A, the Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers.

292   After section 5

Insert:

5A   Modification of the Commonwealth Authorities and Companies Act 1997-- how that Act applies to subsidiaries

  (1)   Sections 15, 16, 17, 28 and 29 of the Commonwealth Authorities and Companies Act 1997 have effect, as they apply to the Corporation, as if a reference in any of those sections to a subsidiary were instead a reference to an eligible subsidiary in relation to the Corporation as defined in section 4 of this Act.

  (2)   Finance Minister's Orders referred to in subsection 13(2) of the Commonwealth Authorities and Companies Act 1997 cannot require the Corporation to include, in reports under section 13 of that Act, information about a subsidiary of the Corporation that is not an eligible subsidiary (as defined in section 4 of this Act).

293   Subsection 8A(10)

Omit all the words after "and shall include", substitute "in the annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 a separate report on each such operation carried on during the year to which the report relates.".

294   Subsection 8A(12)

Repeal the subsection.

295   Section 9

After "this Act", insert "and the Commonwealth Authorities and Companies Act 1997 ".

296   Section 11, subsections 12(1) and 13(2), sections 15A, 16, 17 and 18 and subsection 19(1)

Omit "Chairman" (wherever occurring), substitute "Chair".

297   Paragraph 19(3)(b)

Omit "22", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

298   Section 20, paragraph 20A(1)(b) and subsections 21(1), (2), (3), (4) and (5)

Omit "Chairman" (wherever occurring), substitute "Chair".

299   Sections 22, 23B, 23C and 23D

Repeal the sections.

300   Section 23E

After "financial target", insert "for a corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997 ".

301   Sections 23F, 23H and 25

Repeal the sections.

302   Subsection 26(1)

Omit "Subject to subsection (2), moneys", substitute "Money".

303   Subsection 26(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent the investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997.

304   Section 28

Repeal the section.

305   Subsections 29(1) to (7) (inclusive)

Repeal the subsections.

306   Paragraph 29(8)(a)

Omit "under this section".

Note:   The heading to section 29 is replaced by the heading " Additional audit arrangements ".

307   Subsection 33(2)

Omit "Chairman", substitute "Chair".

308   Subsections 37(1) to (2B) (inclusive)

Repeal the subsections.

309   Subsection 37(2C)

Omit "The report of the corporation's operations for a financial year shall:", substitute "The annual report on the Corporation under section   9 of the Commonwealth Authorities and Companies Act 1997 must also:".

Note:   The heading to section 37 is replaced by the heading " Extra reporting requirements ".

310   Paragraph 37(2C)(b)

Omit "overall".

311   Paragraphs 37(2C)(d) and (e)

Omit "target", substitute "targets".

312   Subsection 37(3)

Repeal the subsection.

313   Subsection 37(4)

Omit "under subsection (3)", substitute "relating to the Corporation under Part 2 of Schedule 1 to the Commonwealth Authorities and Companies Act 1997 ".

314   Subsection 37(5)

Repeal the subsection, substitute:

  (5)   In this section:

"corporate plan" means the corporate plan for the Corporation under section 17 of the Commonwealth Authorities and Companies Act 1997 .

315   After section 37

Insert:

37A   Information about the receiving subsidiary

  (1)   The Minister or the Finance Minister may require the Corporation to give to him or her a copy of information of a particular kind about the receiving subsidiary that is provided to the Corporation as a holder of shares in the receiving subsidiary.

  (2)   The Directors must comply with the requirement as soon as practicable after receiving information of that kind.

  (3)   In this section:

"Finance Minister" means the Minister who administers the Commonwealth Authorities and Companies Act 1997 .

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

316   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

317   Section 19

Repeal the section.

318   Paragraph 21(2)(b)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

319   Section 37

Repeal the section.

320   At the end of section 38

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997 .

321   Section 40

Repeal the section.

322   Subsection 42(1)

Repeal the subsection.

Note:   The heading to section 42 is altered by omitting " Minister and Commission " and substituting " Commission and TSRA ".

323   Section 58

Repeal the section.

 

Australian Institute of Health and Welfare Act 1987

324   Subsection 3(3)

Repeal the subsection.

325   At the end of section 3

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

326   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

327   At the end of section 7

Add:

  (3)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Institute.

328   Paragraph 13(2)(b)

Omit "14", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

329   Subsections 14(1) and (2)

Repeal the subsections.

330   Subsection 14(3)

Omit "This section", substitute " Section 21 of the Commonwealth Authorities and Companies Act 1997 ".

331   Subsection 16(13)

Repeal the subsection, substitute:

  (13)   A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:

  (a)   that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and

  (b)   that would conflict with the proper performance of the member's functions in relation to the consideration of the matter.

The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.

  (14)   The disclosure must be recorded in the minutes of the meeting.

  (15)   Subsection (13) does not apply to an interest held by a member described in paragraph 8(1)(c), (ca), (cb) or (h) or subsection 8(2) merely because the member was nominated by a body or person mentioned in that paragraph or subsection.

332   Section 21

Repeal the section.

333   At the end of section 22

Add:

  (3)   Subsection (2) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997 .

334   Subsection 24(1)

Repeal the subsection.

Note:   The heading to section 24 is replaced by the heading " Extra matters to be included in annual report ".

335   Subsection 24(2)

Omit "prepared under section 63M of the Audit Act 1901 (as that section applies by virtue of subsection (1)) shall", substitute "on the Institute under section 9 of the Commonwealth Authorities and Companies Act 1997 must".

336   Paragraph 25(1)(a)

Omit "subsection 63J(1) of the Audit Act 1901 (as that subsection applies by virtue of subsection 24(1))", substitute " subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

337   Subsection 25(2)

Repeal the subsection.

Australian Institute of Marine Science Act 1972

338   Subsection 5(2)

Repeal the subsection.

339   At the end of subsection 7(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

340   Section 10AA

Repeal the section.

341   Paragraph 16(c)

Omit "18", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

342   Section 18

Repeal the section.

343   Paragraph 28(d)

Omit "18", substitute "21 of the Commonwealth Authorities and Companies Act 1997 " .

344   Section 37

Repeal the section.

345   At the end of section 38

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997 .

346   Section 40

Repeal the section.

Australian Land Transport Development Act 1988

347   Title

Omit " Trust Fund ", substitute " reserve ".

348   Subsection 3(1) (definition of Fund )

Repeal the definition.

349   Subsection 3(1)

Insert:

"Reserve" means the Australian Land Transport Reserve established by section 11.

350   Paragraph 3(6)(a)

Omit "Fund" (wherever occurring), substitute "Reserve".

351   Subsections 10(3) and (4)

Repeal the subsections.

352   Part 2 (heading)

Repeal the heading, substitute:

Part 2 -- Australian Land Transport Development Reserve

353   Subsection 11(1)

Omit "fund", substitute "reserve".

Note:   The heading to section 11 is altered by omitting " Fund " and substituting " Reserve ".

354   Subsection 11(1)

Omit "Trust Fund", substitute "Reserve".

355   Subsection 11(2)

Repeal the subsection, substitute:

  (2)   The Reserve is a component of the Reserved Money Fund.

356   Subsection 12(1)

Omit "Fund", substitute "Reserve out of the Consolidated Revenue Fund".

Note:   The heading to section 12 is altered by omitting " Fund " and substituting " Reserve ".

357   Subsection 12(2)

Omit "Fund", substitute "Reserve".

358   Subsection 12(4)

Repeal the subsection, substitute:

  (4)   If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

359   Section 13

Repeal the section.

360   Section 15

Omit "the Fund" (wherever occurring), substitute "the Reserve".

Note:   The heading to section 15 is altered by omitting " Fund " and substituting " Reserve ".

361   Section 16

Repeal the section.

362   Sections 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28A, 29, 30, 31, 32 and 33

Omit "the Fund" (wherever occurring), substitute "the Reserve".

Note 1:   The heading to section 28 is altered by omitting " Fund " and substituting " Reserve ".

Note 2:   The heading to section 28A is altered by omitting " Fund " and substituting " Reserve ".

Note 3:   The heading to section 31 is altered by omitting " Fund " and substituting " Reserve ".

363   Subsection 34(1)

Repeal the subsection, substitute:

  (1)   Whenever an amount is repaid to the Commonwealth by a State, approved railway authority or approved organisation under this Act, an equal amount must be transferred to the Reserve from the Consolidated Revenue Fund.

364   Section 35

Repeal the section.

365   Paragraph 37(1)(a)

Omit "Fund", substitute "Reserve".

366   Paragraph 40(d)

Omit "the Fund", substitute "the Reserve".

367   Subsection 41(1)

Omit "Fund" (wherever occurring), substitute "Reserve".

Australian Maritime Safety Authority Act 1990

368   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

369   At the end of subsection 10(2)

Add:

Note:   Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 gives the Authority power to invest its surplus money.".

370   Section 11

Repeal the section.

371   Section 19

Repeal the section.

372   Paragraph 21(2)(d)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

373   Section 28

Repeal the section.

374   Sections 44 and 45

Repeal the sections.

Australian National Maritime Museum Act 1990

375   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Museum. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

376   Subsection 10(5)

Omit "The Museum must, in each report prepared under section 63M of the Audit Act 1901 (as that section applies by virtue of subsection 48(1)),", substitute "In each report on the Museum under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must".

377   Paragraph 21(2)(c)

Omit "22", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

378   Section 22

Repeal the section.

379   Subsection 23(6)

Omit "22(2)", substitute "21(3) of the Commonwealth Authorities and Companies Act 1997 ".

380   Paragraph 36(2)(e)

Omit "22 or 37", substitute "37 of this Act, or section 21 of the Commonwealth Authorities and Companies Act 1997 ,".

381   Subsection 44(4)

Omit "section 63J of the Audit Act 1901 (as that section applies because of section 48 of this Act)", substitute " subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

382   Subsection 45(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of the Museum under section 18 of the Commonwealth Authorities and Companies Act 1997 .

383   Section 46

Repeal the section.

384   Subsection 47(3)

Omit "45(2) or paragraph 50(2)(b)", substitute "18(3) of the Commonwealth Authorities and Companies Act 1997 or paragraph 50(2)(b) of this Act".

385   Subsections 48(1) and (2)

Repeal the subsections.

Note:   The heading to section 48 is replaced by the heading " Extra matters to be included in annual report ".

386   Subsection 48(3)

Omit "submitted by the Museum under section 63M of the Audit Act 1901 , as that section applies because of subsection (1) of this section, shall", substitute "prepared by the members under section 9 of the Commonwealth Authorities and Companies Act 1997 must".

387   Subsection 50(1)

Omit "opened and maintained under section 63J of the Audit Act 1901 (as that section applies because of section 48 of this Act) that does not, or accounts referred to in that section that do not,", substitute "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 that does not".

388   Subsections 50(3) and (4)

Repeal the subsections.

Australian National Railways Commission Act 1983

389   Subsection 3(1) (definition of authorised auditor )

Repeal the definition.

390   Subsection 3(1)

Insert:

"annual report" means an annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 .

"corporate plan" means a corporate plan for the Commission under section 17 of the Commonwealth Authorities and Companies Act 1997 .

391   Section 3 (definitions of Chairman , Commissioner and Deputy Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

392   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

393   Subsections 8(3), (4) and (5)

Repeal the subsections.

395   Subsection 20A(3)

Omit ", in developing objectives, strategies and policies under subsection 22(1),", substitute ", in preparing its corporate plan,".

396   Subsection 20A(4)

Repeal the subsection.

397   Section 22

Repeal the section.

398   Paragraphs 24(1)(a) and (b), subsections 24(4), (5) and (6) and 26(1), (2) and (3), sections 29 and 30 and paragraph 31(1)(b)

Omit "Chairman" (wherever occurring), substitute "Chair".

399   Paragraph 32(2)(d)

Omit "his obligations under section 33", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

400   Subsection 32(3A)

Repeal the subsection, substitute:

  (3A)   If:

  (a)   the Minister is of the opinion that:

  (i)   the Commission has failed to comply with section 20B of this Act; or

  (ii)   the Commissioners have failed to comply with:

  (A)   subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997 ; or

  (B)   paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997 ; and

  (b)   the Minister proposes that the appointment of all or specified Commissioners be terminated;

the Governor - General is to terminate the appointment of all Commissioners, or the specified Commissioners, as the case may be.

401   Sections 33 and 59

Repeal the sections.

402   Subsections 34(2), (4) and (5) and 36A(2), sections 36E, 39 and 41 and subsections 43(1), (2), (6) and (8)

Omit "Chairman" (wherever occurring), substitute "Chair".

403   Subsection 60(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of the Commission under section 19 of the Commonwealth Authorities and Companies Act 1997 .

404   Sections 65, 66 and 66A

Repeal the sections.

405   Subsection 67A(1)

Repeal the subsection.

406   Subsection 67A(2)

Omit "The report shall:", substitute "The Commission's annual report must also:".

Note:   The heading to section 67A is replaced by the heading " Extra matters to be included in annual report " .

407   Paragraph 67A(2)(a)

Omit "8(5) or".

408   At the end of paragraphs 67A(2)(a), (b), (c) and (d) and subparagraph 67A(2)(e)(i)

Add "and".

409   After paragraph 67A(2)(a)

Insert:

  (aa)   include a summary of:

  (i)   notices given to the Commission in that financial year under subsection 20A(1); and

  (ii)   action taken by the Commission, in that financial year, because of notices given to the Commission under subsection 20A(1); and

410   Subsection 67A(3)

Repeal the subsection, substitute:

  (3)   The financial statements in the annual report must show separately the financial effect on the Commission's operations of each direction that:

  (a)   was given to the Commission by the Minister under subsection 19(2); and

  (b)   was applicable to the year to which the report relates.

411   Subsections 67A(4), (5), (6) and (7)

Repeal the subsections.

412   Section 71

Repeal the section.

Australian National Training Authority Act 1992

413   At the end of section 18

Add:

  (5)   This section does not affect, and is not affected by, section 9 of the Commonwealth Authorities and Companies Act 1997 as it applies in relation to the Authority under section 23 of this Act.

414   Section 23

Repeal the section, substitute:

23   Application of the Commonwealth Authorities and Companies Act

  (1)   The Authority is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

  (2)   Sections 9, 11, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Authority as if it were a Commonwealth authority for the purposes of that Act.

  (3)   A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.

Australian National University Act 1991

415   At the end of subsection 4(2)

Add:

Note:   Subject to section 4A, the Commonwealth Authorities and Companies Act 1997 applies to the University. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking, and conduct of officers.

416   After section 4

Insert:

4A   Modification of the Commonwealth Authorities and Companies Act 1997

  (1)   Section 14, subsection 18(3), and sections 28 and 29, of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the University.

  (2)   Nothing in section 16 of the Commonwealth Authorities and Companies Act 1997 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.

4B   University's financial year starts on 1 January

    For the purposes of the Commonwealth Authorities and Companies Act 1997 , the University's financial year is a period of 12 months starting on 1 January.

417   Subsection 6(3)

After "this Act", insert "or the Commonwealth Authorities and Companies Act 1997 " .

418   Section 14

Repeal the section.

419   Paragraph 15(1)(e)

Omit "subsection 14(1)", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

420   Sections 45, 46, 47 and 49

Repeal the sections.

421   Subsection 50(1)

After "this Act" (first occurring), insert "or the Commonwealth Authorities and Companies Act 1997 ".

422   Subparagraph 50(2)(f)(iii)

Repeal the subparagraph, substitute:

  (iii)   disclosure of pecuniary interests at meetings of the Convocation or of a statutory Board; and

Australian Nuclear Science and Technology Organisation Act 1987

423   Subsection 3(2)

Repeal the subsection.

424   At the end of subsection 4(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Organisation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

425   Subsections 7(1) and (2)

Repeal the subsections.

Note:   The heading to section 7 is replaced by the heading " Disclosure of the Organisation's interests in companies ".

426   Subsection 7(3)

Omit "Subject to subsection (4), where", substitute "If".

427   Subsection 7(4)

Repeal the subsection.

428   Subsection 9(6)

Repeal the subsection.

429   At the end of section 9

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

430   Paragraph 14(2)(c)

Omit "15", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

431   Section 15

Repeal the section.

432   Subsection 16(6)

Omit "15(2)", substitute "21(3) of the Commonwealth Authorities and Companies Act 1997 ".

433   Paragraph 21C(2)(d)

Omit "15 or 22", substitute "22 of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

434   Subsection 26(12)

Repeal the subsection.

435   At the end of section 26

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

436   Subsection 27(4)

Repeal the subsection, substitute:

  (4)   Subsection (3) does not prevent investment of surplus money of the Organisation under section 18 of the Commonwealth Authorities and Companies Act 1997 .

437   Section 28

Repeal the section.

438   Subsections 29(1) and (2)

Repeal the subsections.

Note:   The heading to section 29 is replaced by the heading " Extra matters to be included in annual report ".

439   Subsection 29(3)

Omit "Organisation shall, in each report prepared pursuant to section   63M of the Audit Act 1901 (as that section applies in relation to the Organisation by virtue of subsection (1))", substitute "members of the Board must, in each annual report they prepare under section 9 of the Commonwealth Authorities and Companies Act 1997 ,".

440   At the end of subsection 37(2)

Add:

Note:   Subject to section 37R, the Commonwealth Authorities and Companies Act 1997 applies to the Bureau. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

441   Subsection 37Q(4)

Repeal the subsection, substitute:

  (4)   Subsection (3) does not prevent investment of surplus money of the Bureau under section 18 of the Commonwealth Authorities and Companies Act 1997 .

442   Section 37R

Repeal the section, substitute:

37R   Application of the Commonwealth Authorities and Companies Act 1997

  (1)   The Commonwealth Authorities and Companies Act 1997 (except section 21) applies in relation to the Bureau as if the Director of the Nuclear Safety Bureau were a director of the Bureau for the purposes of that Act.

  (2)   Each annual report prepared by the Director under section 9 of the Commonwealth Authorities and Companies Act 1997 must include particulars of each direction that:

  (a)   was given by the Minister to the Bureau under section 37D of this Act; and

  (b)   applied in relation to the financial year covered by the report.

443   Section 37U

Repeal the section, substitute:

37U   Tabling of reports and documents given to the Minister by the Bureau

    Within 15 sitting days of receiving a report or document from the Bureau under section 16 of the Commonwealth Authorities and Companies Act 1997 , the Minister must cause a copy of the report or document to be tabled in each House of the Parliament.

444   Subsection 39(1)

Omit "opened and maintained pursuant to section 63J of the Audit Act 1901 (as that section applies in relation to the Organisation by virtue of section 29 of this Act) that does not, or accounts referred to in that section that do not,", substitute "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 that does not".

445   Subsection 39(2)

Omit ", 28 and 29".

446   Subsections 39(3), (4) and (5)

Repeal the subsections.

Australian Postal Corporation Act 1989

447   Section 3 (definition of authorised auditor )

Repeal the definition.

448   At the end of section 13

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to Australia Post. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

449   Paragraph 28(a)

Omit "notified by the Minister under section 48", substitute "of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997 ".

450   Sections 35, 36 and 37

Repeal the sections.

451   Section 38

After "financial target", insert "for inclusion in a corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997 ".

452   Paragraph 38(h)

Omit "notified by the Minister under section 48", substitute "of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997 ".

453   Section 39

Repeal the section.

454   Subsection 40(1)

Omit all the words from and including "When" to and including "receiving the copy of the plan", substitute "If the Minister receives a corporate plan for Australia Post under section 17 of the Commonwealth Authorities and Companies Act 1997 , the Minister may, within 60 days".

455   Paragraph 40(1)(b)

Omit "the", substitute "a".

456   At the end of section 40

Add:

  (5)   Australia Post must comply with a direction under subsection (1) and must inform the Minister of the changes made to the plan to comply with the direction.

457   Sections 41 and 42

Repeal the sections.

458   Section 43

Omit "The report of Australia Post's operations for a financial year shall:", substitute "The annual report on Australia Post under section 9 of the Commonwealth Authorities and Companies Act 1997 must also:".

Note:   The heading to section 43 is altered by omitting " General " and substituting " Extra general ".

459   Paragraph 43(b)

Repeal the paragraph, substitute:

  (b)   include an outline of:

  (i)   the strategies and policies of Australia Post and its subsidiaries that are set out in the corporate plan; and

  (ii)   the financial targets and non-financial performance measures that are set out in the corporate plan; and

460   Subparagraph 43(g)(i)

Omit "notified under section 48", substitute "of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997 ".

461   At the end of section 43

Add:

  (2)   In this section:

"corporate plan" means the corporate plan for Australia Post under section 17 of the Commonwealth Authorities and Companies Act 1997 .

462   Subsection 44(1)

Omit "The report of Australia Post's operations for a financial year shall:", substitute "The annual report on Australia Post under section 9 of the Commonwealth Authorities and Companies Act 1997 must also:".

Note:   The heading to section 44 is altered by omitting " Financial " and substituting " Extra financial ".

463   Paragraph 44(1)(a)

Omit "target", substitute "targets".

464   Paragraph 44(1)(b)

Omit "vary the", substitute "vary a".

465   Paragraph 44(1)(c)

Omit "target", substitute "targets".

466   Subparagraph 44(1)(g)(ii)

Omit "notified by the Minister under section 48", substitute "of which the directors are notified under section 28 of the Commonwealth Authorities and Companies Act 1997 ".

467   At the end of section 44

Add:

  (3)   In this section:

"corporate plan" means the corporate plan for Australia Post under section 17 of the Commonwealth Authorities and Companies Act 1997 .

468   Sections 45, 46, 47 and 48

Repeal the sections.

469   Subsection 57(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of Australia Post under section 19 of the Commonwealth Authorities and Companies Act 1997 .

470   Sections 58 and 59

Repeal the sections.

471   Subsection 67(2)

Omit "subsection 71(2)", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

472   Section 71

Repeal the section, substitute:

71   Disclosure not required in relation to publicly available goods or services

    Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply to a matter relating to the supply of goods or services for a director if the goods or services are, or are to be, available to members of the public on the same terms and conditions.

473   Paragraph 79(2)(b)

Omit "71", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

474   Paragraph 79(5)(a)

Omit "41, 46 or 47", substitute "15 or 16, or subsection 17(5), of the Commonwealth Authorities and Companies Act 1997 ".

Australian Securities Commission Act 1989

475   At the end of section 8

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

476   Subsection 10(2)

Repeal the subsection.

477   At the end of section 10

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

478   At the end of section 124

Add:

  (7)   Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply to members.

479   Subsection 135(1)

Omit "Subject to subsection (3), the", substitute "The".

480   Subsection 135(3)

Repeal the subsection, substitute:

  (3)   Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

481   Subsection 135(4)

Omit "has effect", substitute "and subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 have effect in relation to the Commission".

482   Subsection 135(6)

Omit "subsection (3)", substitute " subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ".

483   Section 136

Repeal the section.

484   Subsection 137(2) (definition of contract )

Omit "subsection 135(3)", substitute " subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ".

485   Section 138

Repeal the section, substitute:

138   Extra matters to be included in annual report

    A report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must:

  (a)   describe the specific goals the Commission has pursued, and the priorities it has followed, during the year, in performing its functions and pursuing the objectives referred to in subsection 1(2); and

  (b)   describe what progress the Commission has made during that year towards achieving those goals; and

  (c)   describe any matters that, during that year, have adversely affected the Commission's effectiveness or have hindered the Commission in pursuing any of those goals and objectives.

486   Paragraph 141(a)

Omit "section 63J of the Audit Act 1901 ", substitute " subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

487   Sections 143 and 144

Repeal the sections.

488   At the end of section 146

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Advisory Committee. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

489   Subsection 161(1)

Omit "Subject to subsection (3), the", substitute "The".

490   Subsection 161(3)

Repeal the subsection, substitute:

  (3)   Subsection (1) does not prevent investment of surplus money of the Advisory Committee under section 18 of the Commonwealth Authorities and Companies Act 1997 .

491   Subsection 161(6)

Omit "(3)", substitute "18(3) of the Commonwealth Authorities and Companies Act 1997 ".

492   Section 162

Repeal the section.

493   Section 164

Repeal the section.

494   Paragraph 167(a)

Omit "section 63J of the Audit Act 1901 ", substitute " subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

495   Sections 169 and 170

Repeal the sections.

Australian Sports Commission Act 1989

496   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

497   Section 18

Repeal the section.

498   Paragraph 19(2)(b)

Omit "section 18", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

499   Subsection 21(10)

Omit "direct or indirect pecuniary", substitute "material personal".

500   Subsection 22(7)

Repeal the subsection, substitute:

  (7)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies to a member of a committee as if:

  (a)   the committee were the Board referred to in that section; and

  (b)   the member were a director of a Commonwealth authority referred to in that section; and

  (c)   the Commission were the responsible Minister referred to in that section.

501   Section 44

Repeal the section.

502   At the end of section 45

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

503   Subsection 47(2)

Omit "subsection 49(1)", substitute " subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ".

504   Subsection 48(1)

Repeal the subsection.

Note:   The heading to section 48 is replaced by the heading " Extra matters to be included in annual report ".

505   Subsection 48(2)

Omit "Commission shall, in each report prepared pursuant to section   63M of the Audit Act 1901 (as that section applies by virtue of subsection (1))", substitute "members must, in each report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

506   Section 49

Repeal the section.

507   Subsection 52(1)

Omit "opened and maintained under section 63J of the Audit Act 1901 (as that section applies by virtue of section 48 of this Act)", substitute "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

508   Subsection 52(2)

Omit "Notwithstanding sections 44, 45, 48 and 49", substitute "Despite section 45".

509   Subsections 52(3) and (4)

Repeal the subsections.

510   Section 53

Repeal the section.

511   Section 56

Omit ", 44".

512   Section 61

Repeal the section.

Australian Sports Drug Agency Act 1990

513   At the end of subsection 7(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Agency. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

514   Section 59

Repeal the section.

515   At the end of section 60

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Agency under section 18 of the Commonwealth Authorities and Companies Act 1997 .

516   Subsection 62(2)

Omit "subsection 64(1)", substitute " section 18 of the Commonwealth Authorities and Companies Act 1997 ".

517   Subsection 63(1)

Repeal the subsection.

Note:   The heading to section 63 is replaced by the heading " Extra matters to be included in annual report ".

518   Subsection 63(2)

Omit "The Agency must, in each report prepared under section 63M of the Audit Act 1901 (as that section applies by virtue of subsection (1) of this section)", substitute "In each report on the Agency under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must".

519   Subsection 63(3)

Omit "prepared by the Agency".

520   Section 64

Repeal the section.

521   Subsection 65(1)

Omit "opened and maintained under section 63J of the Audit Act 1901 (as that section applies by virtue of section 63 of this Act)", substitute "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

522   Subsection 65(2)

Omit "Notwithstanding sections 59, 60, 63 and 64", substitute "Despite section 60".

523   Subsections 65(3) and (4)

Repeal the subsections.

524   Section 69

Repeal the section.

Australian Tourist Commission Act 1987

525   At the end of subsection 9(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

526   Subsections 20(1), (2) and (3)

Repeal the subsections.

Note:   The heading to section 20 is altered by adding at the end " by the Chairperson ".

527   Paragraph 21(2)(b)

Omit "20", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

528   After paragraph 21(2)(b)

Insert:

  (ba)   in the case of the Chairperson if the Chairperson is appointed on a full-time basis--contravenes section 20 without reasonable excuse.

529   Subsection 23(8)

Omit "subsection 20(2)", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

530   At the end of section 29

Add:

  (4)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Commission.

531   At the end of section 45

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

532   Section 47

Repeal the section.

Australian Trade Commission Act 1985

533   Subsection 3(1) (definition of approved bank )

Repeal the definition.

534   At the end of subsection 7(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

535   Paragraph 20(2)(d)

Omit "section 22", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

536   Section 22

Repeal the section.

537   Paragraph 72(e)

Omit "63E of the Audit Act 1901 as that section applies to the Commission by virtue of sub-section 89(1) of this Act", substitute "18 of the Commonwealth Authorities and Companies Act 1997 ".

538   Sections 76 and 77

Repeal the sections.

539   Section 89

Repeal the section, substitute:

89   Extra matters to be included in annual report

    The financial statements in an annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must show separately the financial effect on the Commission's operations of each direction that:

  (a)   was given to the Commission by the Minister under subsection 10(1) of this Act; and

  (b)   was in force for all or part of the year to which the report relates.

540   Subsection 92(1)

Repeal the subsection, substitute:

  (1)   The report of operations in the annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must include information about the Commission's operations under the Export Market Development Grants Act 1974 , but not the Commission's operations under the Export Expansion Grants Act 1978 .

541   Section 93

Repeal the section.

Australian War Memorial Act 1980

542   Section 3 (definition of Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

543   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Memorial. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

544 Section 11

Omit "Chairman" (wherever occurring), substitute "Chair".

545   Paragraph 14(2)(c)

Omit "16", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

546   Section 16

Repeal the section.

547   Subsections 17(1), (3) and (4) and 19(6)

Omit "Chairman" (wherever occurring), substitute "Chair".

548   Section 31

Repeal the section.

549   Subsection 32(4)

Omit "section 63J of the Audit Act 1901 ", substitute " subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

550   At the end of section 33

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Memorial under section 18 of the Commonwealth Authorities and Companies Act 1997 .

551   Subsection 34(1)

Repeal the subsection.

552   Subsection 35(2)

Omit "34", substitute "18 of the Commonwealth Authorities and Companies Act 1997 ".

Note:   The heading to section 35 is replaced by the heading " Contracts ".

553   Section 36

Repeal the section.

Australian Wine and Brandy Corporation Act 1980

554   Subsection 4(2)

Repeal the subsection.

555   At the end of section 4

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

556   At the end of subsection 12(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

557   Paragraph 20(4)(b)

After "21", insert "of the Commonwealth Authorities and Companies Act 1997 ".

558   Subsections 21(1), (2) and (3)

Repeal the subsections.

559   Subsection 21(4)

Omit "A member who is a wine maker or a grape grower shall not be taken to have a pecuniary interest", substitute "For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member who is a winemaker or a grape grower is not taken to have a material personal interest".

560   Subsection 31K(1)

After "section", insert "and the Commonwealth Authorities and Companies Act 1997 ".

561   Section 35

Omit "Subject to section 36, the", substitute "The".

562   At the end of section 35

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997 .

563   Section 36

Repeal the section.

564   Subsections 38(1), (2) and (3)

Repeal the subsections.

Note:   The heading to section 38 is replaced by the heading " Extra matters to be included in annual report ".

565   Subsection 38(4)

Omit "the Corporation of its operations", substitute "the members under section 9 of the Commonwealth Authorities and Companies Act 1997 on the operations of the Corporation".

566   Section 38A

Repeal the section.

567   Section 41

Repeal the section.

Australian Wool Research and Promotion Organisation Act 1993

568   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Organisation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

569   Subsections 30(1) and (2)

Repeal the subsections.

570   Subsection 30(3)

Omit "A member", substitute "For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member".

571   Subsection 30(3)

Omit "pecuniary", substitute "material personal".

572   Paragraph 33(2)(c)

Omit "30", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

573   Paragraph 42(4)(c)

Omit "30", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

574   Subsection 56(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent the investment under section 19 of the Commonwealth Authorities and Companies Act 1997 of money in the Fund that is not immediately required for the purposes of the Organisation.

575   At the end of section 59

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Organisation under section 19 of the Commonwealth Authorities and Companies Act 1997 .

576   Section 63

Repeal the section.

577   Subsection 64(2)

Repeal the subsection.

578   Section 65

Repeal the section.

579   Part 9

Repeal the Part.

580   At the end of section 68

Add:

  (5)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Organisation.

581   Subsection 76(1)

Repeal the subsection.

582   Subsection 76(2)

After "report", insert "on the Organisation under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

583   Subsections 76(3) and (4)

Repeal the subsections.

Bankruptcy Act 1966

584   After section 18

Insert:

18AA   Commonwealth Authorities and Companies Act 1997 does not apply to Official Trustee

    The Official Trustee is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

585   Section 20A (definition of Equalization Account )

Repeal the definition.

586   Section 20A

Insert:

"Equalization Reserve" means the Common Investment Fund Equalization Reserve established by section 20G.

587   Section 20G

Repeal the section, substitute:

20G   Common Investment Fund Equalization Reserve

  (1)   This subsection establishes a reserve called the Common Investment Fund Equalization Reserve.

  (2)   The Equalization Reserve is a component of the Reserved Money Fund.

588   Subsections 20H(1) and (2)

Omit "Equalization Account", substitute "Consolidated Revenue Fund".

Note:   The heading to section 20H is altered by omitting " Account " and substituting " Reserve ".

589   After subsection 20H(2)

Insert:

  (2A)   Whenever a payment is made into the Consolidated Revenue Fund under subsection (1) or (2), an equal amount must be transferred to the Equalization Reserve from the Consolidated Revenue Fund.

590   Subsection 20H(3)

Omit "Account", substitute "Reserve".

591   Subsection 20H(4)

Omit "Equalization Account", substitute "Equalization Reserve".

592   Subsection 20H(4)

Omit "that Account" (wherever occurring), substitute "the Equalization Reserve".

593   Subsection 20H(5)

Repeal the subsection, substitute:

  (5)   Whenever an amount required by subsection (3) to be paid out of the Equalization Reserve exceeds the amount standing to the credit of the Equalization Reserve, an amount equal to the excess must be transferred to the Equalization Reserve from the Consolidated Revenue Fund.

594   Subparagraph 40(1)(f)(ii)

Omit "Chairman", substitute "Chair".

595   Section 139L (sub-subparagraph (b)(i)(A) of the definition of income )

Omit "Trust Account", substitute "Reserve".

596   Section 257 and paragraph 258(a)

Omit "chairman" (wherever occurring), substitute "chair".

Broadcasting Services Act 1992

597   At the end of subsection 154(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the ABA . That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

598   Paragraph 160(b)

Omit "161", substitute "28 of the Commonwealth Authorities and Companies Act 1997 ".

599   Section 161

Repeal the section.

600   Clause 6 of Schedule 3

Repeal the clause.

601   Paragraph 9(3)(e) of Schedule 3

Omit "6 or 7", substitute "7 of this Schedule or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

602   Clauses 13 and 14 of Schedule 3

Repeal the clauses.

603   Subclause 16(1) of Schedule 3

Omit "Subject to subclause (2), money", substitute "Money".

604   Subclause 16(2) of Schedule 3

Repeal the subclause, substitute:

  (2)   Subclause (1) does not prevent investment of surplus money of the ABA under section 18 of the Commonwealth Authorities and Companies Act 1997 .

Child Support (Registration and Collection) Act 1988

605   Subsection 4(1) (definition of Trust Account )

Repeal the definition.

606   Subsection 4(1)

Insert:

"Reserve" means the Child Support Reserve established by section   73.

607   Paragraph 53(c)

Omit "appropriated out of the Consolidated Revenue Fund", substitute "required to be transferred to the Reserve".

608   Division 1 of Part VI (heading)

Omit " Trust Account ", substitute " Child Support Reserve ".

609   Subsection 73(1)

Omit "An account", substitute "A reserve".

610   Subsection 73(1)

Omit "Trust Account", substitute "Reserve".

611   Subsection 73(2)

Repeal the subsection, substitute:

  (2)   The Reserve is a component of the Reserved Money Fund.

612   Subsection 74(1)

Omit "There shall be paid into the Trust Account", substitute "The following amounts must be transferred to the Reserve out of the Consolidated Revenue Fund".

Note:   The heading to section 74 is altered by omitting " Trust Account " and substituting " Reserve ".

613   Paragraphs 74(1)(a), (b) and (c)

Before "amounts received", insert "amounts equal to".

614   Paragraph 74(1)(c)

Omit "and".

615   Paragraph 74(1)(d)

Repeal the paragraph.

616   Subsection 74(2)

Omit "and pay that portion into the Trust Account", substitute "and only that portion is to be transferred to the Reserve under subsection (1)".

617   Section 75

Omit "Trust Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 75 is altered by omitting " Trust Account " and substituting " Reserve ".

618   Paragraph 75(d)

Omit "an appropriation has previously been required from that Fund", substitute "amounts have been transferred from the Consolidated Revenue Fund".

619   Section 77

Omit "is payable into the Trust Account out of the Consolidated Revenue Fund, which is appropriated accordingly", substitute "must be transferred to the Reserve from the Consolidated Revenue Fund".

620   Paragraph 78(3)(d)

Omit "is payable into the Trust Account out of the Consolidated Revenue Fund, which is appropriated accordingly", substitute "must be transferred to the Reserve from the Consolidated Revenue Fund".

Civil Aviation Act 1988

621   At the end of subsection 8(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the CASA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

Coal Industry Act 1946

622   After section 6

Insert:

6A   Commonwealth Authorities and Companies Act 1997 does not apply to Board

    The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

623   Section 28G

Repeal the section.

Coal Mining Industry (Long Service Leave Funding) Act 1992

624   At the end of subsection 6(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

625   Subsection 20(3)

Omit "would, for the purposes of section 22, be taken to have an interest", substitute "has a material personal interest".

626   Section 22

Repeal the section.

627   Paragraph 28(2)(c)

Omit "22 or 27", substitute "27 of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

628   Section 30

Repeal the section.

629   Subsection 39(1)

Repeal the subsection.

630   Subsection 39(2)

Omit "Section 63E of the Audit Act 1901 ", substitute " Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ".

Note:   The heading to section 39 is altered by omitting " Division 2 of Part XI of the Audit Act " and substituting " the Commonwealth Authorities and Companies Act ".

631   Subsection 39(3)

Repeal the subsection.

632   Subsections 39(4) and (5)

Omit "Division 2 of Part XI of the Audit Act 1901 as that Division", substitute "the Commonwealth Authorities and Companies Act 1997 as that Act".

Commonwealth Inscribed Stock Act 1911

633   Section 51F

Repeal the section.

634   Section 53

Repeal the section.

Commonwealth Places (Application of Laws) Act 1970

635   Section 21

Omit " Audit Act 1901-1969 ", substitute " Financial Management and Accountability Act 1997 ".

Note:   The heading to section 21 is altered by omitting " Audit " and substituting " Financial Management and Accountability ".

Crimes Act 1914

636   Section 3 (definition of Trust Fund )

Repeal the definition.

637   Paragraph 9A(c)

Omit "Trust Fund", substitute "Confiscated Assets Reserve".

638   Paragraph 66(d)

Omit "chairman", substitute "chair".

Criminology Research Act 1971

639   Section 4 (definition of approved bank )

Repeal the definition.

640   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

641   Section 12 and subsections 13(2) and 14(1), (2), (3) and (4)

Omit "Chairman" (wherever occurring), substitute "Chair".

642   Sections 28A and 30

Repeal the sections.

643   At the end of section 31

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997 .

644   Section 32

Repeal the section.

645   Subsection 32A(1)

Omit "opened and maintained pursuant to section 30 that does not, or accounts referred to in that section that do not,", substitute "maintained under section 18 of the Commonwealth Authorities and Companies Act 1997 that does not".

646   Subsection 32A(2)

After "Division", insert "or any provision of the Commonwealth Authorities and Companies Act 1997 ".

647   Subsections 32A(3), (4) and (5)

Repeal the subsections.

648   Section 33

Repeal the section.

649   At the end of subsection 34(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

650   Section 37 and subsections 39(1), (2), (3) and (4)

Omit "Chairman" (wherever occurring), substitute "Chair".

651   Section 42

Repeal the section.

652   Section 43

Repeal the section, substitute:

43   Copy of annual report also to be given to State and Northern Territory Ministers and Auditors - General

    As soon as practicable after the members of the Council give the Attorney - General the annual report on the Council for a financial year under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must give a copy of the report to:

  (a)   the appropriate Minister of each State and of the Northern Territory ; and

  (b)   the Auditor - General of each State and of the Northern Territory .

653   At the end of section 44

Add:

  (2)   The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Council.

654   Section 45

Repeal the section.

655   At the end of section 47

Add:

  (3)   Surplus money of the Fund may be invested, in the name of the Council, under section 18 of the Commonwealth Authorities and Companies Act 1997 , unless subsection (2) applies to the money and the conditions referred to in that subsection specify the manner in which the money is to be or may be invested. In that case, the money may only be invested in accordance with those conditions.

656   Sections 48 and 49

Repeal the sections.

Customs Act 1901

657   Sections 183DA and 183DC and subsections 183J(1) and (4), 183K(1) and 183R(1)

Omit "Chairman" (wherever occurring), substitute "Chair".

658   Subsection 208DA(1) (definition of Trust Fund )

Repeal the definition.

659   Subsection 208DA(3)

Omit "Trust Fund" (wherever occurring), substitute "Confiscated Assets Reserve".

660   Subsection 243A(1) (definition of Trust Fund )

Repeal the definition.

661   Subsections 243G(6) and (7)

Omit "Trust Fund" (wherever occurring), substitute "Confiscated Assets Reserve".

Dairy Produce Act 1986

662   Subsection 3(1) (definitions of approved bank and Corporation auditor )

Repeal the definitions.

663   Subsection 3(1)

Insert:

"annual report" means an annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 .

664   Subsection 3(2)

Repeal the subsection.

665   At the end of section 3

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

666   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

667   Paragraph 12(2)(f)

Omit "Corporation auditor" (wherever occurring), substitute "Auditor - General".

668   After subsection 12(9)

Insert:

  (9A)   Asia Dairy Industries (H.K.) Limited is not to be taken to be a subsidiary of the Corporation for the purposes of section 29 of the Commonwealth Authorities and Companies Act 1997 .

669   Section 16

Omit "laid before each House of the Parliament under subsection 123(4)", substitute "tabled in each House of the Parliament under section   9 of the Commonwealth Authorities and Companies Act 1997 ".

670   Section 35

Repeal the section, substitute:

35   Situations that do not amount to interests requiring disclosure

    For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member is not taken to have a material personal interest in a matter being considered or about to be considered by the Corporation merely because the member is a dairy farmer or manufacturer of dairy produce.

671   Paragraph 38(3)(c)

Omit "35", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

672   At the end of section 40

Add:

  (3)   A member who has a material personal interest in a matter being considered or about to be considered by the Corporation under this section, being an interest that could conflict with the proper performance of the member's functions in relation to the consideration of the matter, must not sign a document under this section.

673   At the end of section 46

Add:

  (2)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies in relation to the Selection Committee as if the Selection Committee were a Commonwealth authority (as defined in that Act).

674   Paragraph 47(4)(d)

Omit "35", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

675   Sections 72 and 73

Repeal the sections.

676   Subsections 74(2) and (3)

Repeal the subsections, substitute:

  (2)   Money of the Corporation not immediately required for the purpose of the Corporation may be lent to a relevant fund for the purpose of meeting a temporary deficit in the fund.

677   At the end of section 74

Add:

  (3)   This section does not prevent investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997 .

678   Subsection 80(4)

Omit "section 73", substitute " subsection 19(2) of the Commonwealth Authorities and Companies Act 1997 ".

679   Sections 81 and 82

Repeal the sections.

680   Section 85

Repeal the section, substitute:

85   Investment of money standing to credit of a relevant fund

    Money standing to the credit of a relevant fund may be invested:

  (a)   by way of a loan to another relevant fund for the purposes of meeting a temporary deficit in that fund; or

  (b)   under section 19 of the Commonwealth Authorities and Companies Act 1997 .

681   At the end of section 86

Add:

  (3)   The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Corporation.

682   Paragraphs 87(c) and 88(1)(j)

Omit "paragraph 74(2)(b)", substitute "subsection 74(2)".

683   Paragraph 88(1)(m)

Omit "Chairman", substitute "Chair".

684   At the end of section 89

Add:

  (3)   The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Corporation.

685   Paragraphs 90(2)(d) and 91(1)(d)

Omit "paragraph 74(2)(b)", substitute "subsection 74(2)".

686   After subsection 92(2)

Insert:

  (3)   The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Corporation.

687   Paragraph 101(g)

Omit "paragraph 74(2)(b)", substitute "subsection 74(2)".

688   At the end of section 104

Add:

  (3)   The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Corporation.

689   Paragraph 106(h)

Omit "paragraph 74(2)(b)", substitute "subsection 74(2)".

690   Subsection 108G(3)

Omit "section 73", substitute " subsection 19(2) of the Commonwealth Authorities and Companies Act 1997 ".

691   Section 122

Repeal the section.

692   Subsections 123(1) and (2)

Repeal the subsections.

693   Subsection 123(3)

Omit "Without limiting, by implication, the generality of subsection (1), the Corporation shall include in each annual report referred to in that subsection:", substitute "The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 123 is replaced by the heading " Extra matters to be included in annual report " .

694   Subsection 123(4)

Repeal the subsection.

695   Section 124

Omit "The", substitute "Subject to the provisions of the Commonwealth Authorities and Companies Act 1997 , the".

Defence Housing Authority Act 1987

696   Subsection 3(1) (definitions of authorised auditor and financial statements )

Repeal the definitions.

697   At the end of section 8

Add:

  (9)   Section 29 of the Commonwealth Authorities and Companies Act 1997 does not apply to the Authority.

698   At the end of subsection 11(1)

Add:

Note:   Subject to subsection 8(9), the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

699   Subsections 20(1), (2) and (3)

Repeal the subsections.

700   Subsection 20(4)

Omit "A member shall not be taken to have a pecuniary", substitute "For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member is not taken to have a material personal".

701   Paragraph 21(2)(b)

Omit "20", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

702   Subsection 26(6)

Repeal the subsection, substitute:

  (6)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies to members of a committee as if:

  (a)   the committee were a Commonwealth authority; and

  (b)   the members of the committee were directors of a Commonwealth authority; and

  (c)   a member of the committee did not have a material personal interest in a matter only because the member is the tenant of a house rented from the Authority.

703   Section 27

Repeal the section.

704   Subsection 28(1)

Repeal the subsection.

Note:   The heading to section 28 is altered by omitting " plans " and substituting " targets to be included in corporate plan ".

705   Subsection 28(2)

Omit ", the Authority shall", substitute "to be included in the Authority's corporate plan under section 17 of the Commonwealth Authorities and Companies Act 1997 , the members must".

706   Subsection 28(3)

Repeal the subsection.

707   Section 29

Repeal the section.

708   Sections 43 and 44

Repeal the sections.

Defence Service Homes Act 1918

709   Subsection 40(1)

Repeal the subsection, substitute:

  (1)   This subsection establishes a reserve called the Defence Service Homes Insurance Reserve.

  (1A)   The Reserve is a component of the Reserved Money Fund.

Note:   The heading to section 40 is altered by omitting " Trust Account " and substituting " Reserve ".

710   Subsection 40(2)

Omit "To that Trust Account there must be credited", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund amounts equal to".

711   Subsection 40(3)

Omit "that Trust Account", substitute "the Reserve".

712   Subsection 40A(1)

Omit "there shall be paid to the Defence Service Homes Insurance Trust Account", substitute "there must be transferred to the Defence Service Homes Insurance Reserve from the Consolidated Revenue Fund".

Note:   The heading to section 40A is altered by omitting " Trust Account " and substituting " Reserve ".

713   Subsection 40A(1)

Omit "that Account", substitute "the Reserve".

714   Subsection 40A(2)

Repeal the subsection, substitute:

  (2)   If interest is received by the Commonwealth from the investment of money from the Defence Service Homes Insurance Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

715   Subsection 40A(3)

Repeal the subsection.

Dried Sultana Production Underwriting Act 1982

716   Subsection 3(1) (definition of Audit Act )

Repeal the definition.

717   Subsection 12(4)

Omit " Audit Act", substitute " Financial Management and Accountability Act 1997 ".

718   Subsection 13(2)

Omit " Audit Act", substitute " Financial Management and Accountability Act 1997 ".

Dried Vine Fruits Equalization Act 1978

719   Subsection 9(1)

Omit "the Corporation", substitute "the Australian Dried Fruits Board".

720   Paragraph 9(1)(a)

Omit "an approved bank", substitute "a bank".

721   Subsection 9(2)

Repeal the subsection, substitute:

  (2)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

Dried Vine Fruits Stabilization Legislation Repeal Act 1981

722   Subsection 8(4)

Omit " Audit Act 1901 ", substitute " Financial Management and Accountability Act 1997 ".

723   Subsection 9(2)

Omit " Audit Act 1901 ", substitute " Financial Management and Accountability Act 1997 ".

Employment Services Act 1994

724   At the end of subsection 68(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to ESRA. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

725   Sections 72 and 73

Repeal the sections.

726   Subsections 85(1) and (2)

Repeal the subsections.

727   Subsection 85(3)

Omit "direct or indirect pecuniary interests", substitute "material personal interests".

Note:   The heading to section 85 is replaced by the heading " Minister to be notified of material personal interests ".

728   Paragraph 87(2)(e)

Omit "section 85 (which deals with conflict of interest)", substitute "section 85 of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 (these sections deal with disclosure of interests)".

729   Paragraph 89(3)(a)

Omit "85", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

730   Section 105

Repeal the section.

731   Paragraph 106(c)

Omit "section 108", substitute " subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ".

732   Section 107

Repeal the section, substitute:

107   Extra matters to be included in annual report

    The annual report on ESRA under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

  (a)   particulars of any directions given by the Minister under section 71 during the financial year; and

  (b)   such additional information (if any) as is specified in the regulations.

733   Section 108

Repeal the section.

Endangered Species Protection Act 1992

734   Section 49

Omit "prepared under section 52 of the National Parks and Wildlife Conservation Act 1975 ", substitute "the Director prepares under section   9 of the Commonwealth Authorities and Companies Act 1997 ".

Excise Act 1901

735   Subsection 165A(11)

Omit "section 70C of the Audit Act 1901 ", substitute " section 34 of the Financial Management and Accountability Act 1997 ".

Export Finance and Insurance Corporation Act 1991

736   At the end of subsection 6(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to EFIC. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

737   At the end of subsection 11(2)

Add:

Note:   Subsection 19(3) of the Commonwealth Authorities and Companies Act 1997 also gives EFIC the power to invest its surplus money.

738   Paragraph 42(3)(c)

Omit "45", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

739   Section 45

Repeal the section.

740   Subsection 46(3)

Omit "direct or indirect pecuniary", substitute "material personal".

741   Section 48

Repeal the section.

742   Subsection 49(1)

Repeal the subsection.

743   Subsection 49(2)

After "financial target" insert "to be included in a corporate plan".

744   At the end of subsection 49(2)

Add:

Note:   Section 17 of the Commonwealth Authorities and Companies Act 1997 requires the members to prepare corporate plans for EFIC.

745   Sections 50 and 51

Repeal the sections.

746   Section 57

Repeal the section.

747   Subsection 70(1)

Repeal the subsection.

Note:   The heading to section 70 is replaced by the heading " Extra matters to be included in annual report ".

748   Subsection 70(2)

Omit "EFIC is required, in the financial statements prepared in respect of each financial year for the purpose of section 63H of the Audit Act 1901 (as it applies by virtue of subsection (1)), to", substitute "In each report on EFIC under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must".

749   Subsection 85(1)

Repeal the subsection.

750   Section 86

Repeal the section.

Family Law Act 1975

751   Sections 38S, 38T and 38U

Repeal the sections, substitute:

38S   Annual report

  (1)   As soon as practicable after 30 June in each year, the Chief Judge must prepare and give to the Attorney - General a report of the management of the administrative affairs of the Court during the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

  (3)   The Attorney - General must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

752   Subsection 114B(4)

Omit "by the Institute under section 63M of the Audit Act 1901 , as that section applies to the Institute by virtue of section 114N of this Act, shall", substitute "on the Institute under section 9 of the Commonwealth Authorities and Companies Act 1997 must".

753   At the end of subsection 114BA(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Institute. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

754   Paragraphs 114J(2)(a) and (c)

Add at the end "or".

755   After paragraph 114J(2)(c)

Insert:

  (d)   without reasonable excuse contravenes section 21 of the Commonwealth Authorities and Companies Act 1997 ;".

756   Section 114MB

Repeal the section.

757   At the end of section 114MD

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Institute under section 18 of the Commonwealth Authorities and Companies Act 1997 .

758   Section 114ME

Repeal the section.

759   Section 114N

Repeal the section.

Federal Airports Corporation Act 1986

760   Subsection 3(1) (definition of Corporate plan )

Repeal the definition.

761   Subsection 3(1) (definition of financial plan )

Repeal the definition.

762   Subsection 3(1)

Insert:

"annual report" means an annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 .

763   Subsection 3(1)

Insert:

"corporate plan" means a corporate plan for the Corporation under section 17 of the Commonwealth Authorities and Companies Act 1997 .

764   Subsection 3(2)

Repeal the subsection, substitute:

  (2)   For the purposes of this Act:

  (a)   the Acting Chair may be referred to as the Acting Chair, Acting Chairperson, Acting Chairman or Acting Chairwoman or by any other such term as the person occupying the office so chooses; and

  (b)   the Acting Deputy Chair may be referred to as the Acting Deputy Chair, Acting Deputy   Chairperson, Acting Deputy Chairman or Acting Deputy Chairwoman or by any other such term as the person occupying the office so chooses.

  (2A)   If a person occupying either of the offices mentioned in subsection (2) does not make known his or her choice of term, the person may be referred to by whichever of the following terms that a person addressing that person considers appropriate, as the case requires:

  (a)   Acting Chair or Acting Deputy Chair;

  (b)   Acting Chairperson or Acting Deputy Chairperson;

  (c)   Acting Chairman or Acting Deputy Chairman;

  (d)   Acting Chairwoman or Acting Deputy Chairwoman.

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

765   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

766   Sections 10 and 11

Repeal the sections.

767   Paragraph 19(2)(d)

Omit "20", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

768   Subsection 19(2C)

Repeal the subsection, substitute:

  (2C)   If the Minister is of the opinion that:

  (a)   the Board has failed to comply with section 42B; or

  (b)   the members have failed to comply with:

  (i)   subsection 13(2), 15(1) or 17(5) of the Commonwealth Authorities and Companies Act 1997 ; or

  (ii)   paragraph 16(1)(a) or (b) or the Commonwealth Authorities and Companies Act 1997 ;

the Minister may terminate the appointment of all members (other than the Chief Executive Officer) or specified members (other than the Chief Executive Officer).

769   Section 20

Repeal the section.

770   Subsection 27A(1)

Omit "financial plan", substitute "corporate plan".

771   Sections 37 and 38

Repeal the sections.

772   Subsection 39(1)

Omit "financial plan under paragraph 38(3)(b)", substitute "corporate plan".

773   Subsection 39(2)

Repeal the subsection.

774   Subsection 40(1)

Repeal the subsection, substitute:

  (1)   Without limiting the generality of the Minister's powers under subsection 41(1A) or (2), the Minister may direct the Board to vary the Corporation's corporate plan in respect of financial targets or non - financial performance measures or both.

Note:   The heading to section 40 is altered by omitting " financial " and substituting " corporate ".

775   Section 40A

Repeal the section.

776   At the end of section 41

Add:

Note:   This section does not affect the application of the Commonwealth Authorities and Companies Act 1997 to the Corporation.

777   Subsection 42A(3)

Omit "Corporate", substitute "corporate".

778   Sections 54, 54A, 54B, 54C and 55

Repeal the sections.

779   Section 65

Repeal the section, substitute:

65   Extra matters to be included in annual report

    The Corporation's annual report must also include:

  (a)   an evaluation of the Corporation's overall performance against:

  (i)   the objectives, including operational targets, set out in its corporate plan; and

  (ii)   the financial targets and non - financial performance measures set out in its corporate plan; and

  (b)   an assessment of the adverse effect, if any, that meeting the non - commercial commitments imposed on the Corporation has had on the Corporation's profitability during the financial year; and

  (c)   assessments of the financial performance of each Federal airport during the financial year; and

  (d)   a summary of:

  (i)   income earned by the Corporation from each Federal airport development site; and

  (ii)   the expenditure of money by the Corporation in relation to each Federal airport development site; and

  (iii)   any other financial transactions by the Corporation in relation to each Federal airport development site; and

  (e)   details of the progress in the establishment of an airport at each Federal airport development site.

Federal Court of Australia Act 1976

780   Sections 18S, 18T and 18U

Repeal the sections, substitute:

18S   Annual report

  (1)   As soon as practicable after 30 June in each year, the Chief Judge must prepare and give to the Attorney - General a report of the management of the administrative affairs of the Court during the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

  (3)   The Attorney - General must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

Financial Agreement Act 1994

781   Subsection 6(2)

Repeal the subsection, substitute:

  (2)   The account is a component of the Reserved Money Fund.

782   At the end of section 6

Add:

  (4)   There must be transferred to the account from the Consolidated Revenue Fund amounts equal to all money received by the Commonwealth under the 1994 Financial Agreement.

783   Subclause 4(4) of the Schedule

Omit "Chairman", substitute "Chair".

Fisheries Administration Act 1991

784   Paragraph 7(k)

Omit "section 63H of the Audit Act 1901 , and in this Part,", substitute "this Part".

785   At the end of section 7

Add:

Note:   Section 9 of the Commonwealth Authorities and Companies Act 1997 requires the members of the Authority to prepare an annual report on the Authority.

786   At the end of subsection 10(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

787   Section 20

Repeal the section.

788   Paragraph 21(2)(b)

Omit "20", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

789   Section 64

Omit "to 21 (inclusive) and section", substitute ", 19, 21 and".

790   After section 64

Insert:

64A   Disclosure of interests of members of management advisory committees

  (1)   If:

  (a)   a member of a management advisory committee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the committee; and

  (b)   the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter;

the member must disclose the nature of the interest at a meeting of the committee, as soon as practicable after the relevant facts have come to the member's knowledge.

  (2)   A disclosure must be recorded in the minutes of the meeting.

791   Subsection 88(1)

Repeal the subsection.

Note:   The heading to section 88 is replaced by the heading " Extra matters to be included in annual report ".

792   Subsection 88(2)

Omit "Without limiting the generality of subsection 63H(1) of the Audit Act 1901 in its application in relation to the Authority, the Authority must include in each report referred to in that subsection", substitute "Each annual report on the Authority prepared by the directors under section 9 of the Commonwealth Authorities and Companies Act 1997 must include".

793   Subsection 88(2) (note)

Repeal the note.

Forestry and Timber Bureau Act 1930

794   Section 5

Repeal the section, substitute:

5   Forestry Reserve

  (1)   This subsection establishes a reserve called the Forestry Reserve.

  (1A)   The Reserve is a component of the Reserved Money Fund.

  (2)   There must be transferred to the Reserve from the Consolidated Revenue Fund:

  (a)   amounts equal to donations for the furtherance of forestry that are received by the Director - General or are otherwise received by or on behalf of the Commonwealth; and

  (b)   money appropriated by the Parliament for the purposes of the Reserve or payable to the Reserve under any other law.

  (3)   Money in the Reserve may be applied, in a manner approved by the Minister, for the furtherance of forestry.

  (4)   If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

Great Barrier Reef Marine Park Act 1975

795   Subsection 7(3)

Omit "Authority shall include in each report prepared under section 63M of the Audit Act 1901 ", substitute "members must include in each report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

796   At the end of subsection 9(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

797   Paragraph 16(2)(e)

Omit "section 16A", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

798   Subsections 16A(1) and (2)

Repeal the subsections.

Note:   The heading to section 16A is altered by omitting " members " and substituting " Chair ".

799   Subsection 16A(4)

Repeal the subsection.

800   At the end of section 53

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Authority under section 18 of the Commonwealth Authorities and Companies Act 1997 .

801   Sections 53A and 54

Repeal the sections.

802   Section 55

Repeal the section.

803   Subsection 56(2)

Omit "subsection 53A(2)", substitute " section 18 of the Commonwealth Authorities and Companies Act 1997 ".

804   Subsection 61A(5)

Omit "Authority shall include in each report prepared under section 63M of the Audit Act 1901 ", substitute "members must include in each annual report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

Health Insurance Commission Act 1973

805   Section 8G

After "this Act", insert "and the Commonwealth Authorities and Companies Act 1997 ".

806   At the end of subsection 9(1)

Add:

Note:   Subject to section 9A, the Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability and conduct of officers.

807   After section 9

Insert:

9A   Modification of the Commonwealth Authorities and Companies Act 1997

    Sections 14, 18 and 19 of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Commission, except as provided in subsections 36(6), (6A) and (6D).

808   Section 15

Repeal the section.

809   Paragraph 17(2)(b)

Omit "15", substitute "21 of the Commonwealth Authorities and Companies Act 1997 " .

810   Paragraph 26(2)(b)

Omit "15", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

811   Subsection 34(1)

Omit all the words from and including "prepare estimates" to and including "medicare functions", substitute "prepare budget estimates, in such form as the Minister directs, relating to the Commission's performance of its medicare functions".

812   Subsection 34AAA(1)

Omit all the words from and including "prepare estimates" to and including "child care cash rebate functions", substitute "prepare budget estimates, in such form as the Minister directs, relating to the Commission's performance of its child care cash rebate functions".

813   Subsection 35(1)

Omit "an approved bank or banks", substitute "a bank or banks".

814   Subsection 35(5)

Repeal the subsection, substitute:

  (5)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

815   Subsection 36(6)

Omit all the words from and including "Commission:" to and including "Treasurer;", substitute "Commission in any manner specified in subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ,".

816   Subsection 36(6A)

Omit all the words from and including "invested:" to and including "body thinks fit;", substitute "invested in any manner specified in subsection 19(3) of the Commonwealth Authorities and Companies Act 1997 ,".

817   After subsection 36(6B)

Insert:

  (6BA)   Powers to invest money under subsection (6A) may be exercised:

  (a)   by the Commission; or

  (b)   by a person or body who or that is:

  (i)   approved by the Commission; and

  (ii)   in the business of investment management; and

  (iii)   acting in accordance with any directions given by the Commission.

818   Subsection 36(6C)

Omit "and (6B)", substitute ",(6B) and (6BA)".

819   Subsection 36(6D)

Omit all the words from and including "Commission:" to and including "Treasurer;", substitute "Commission in any manner specified in subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ,".

820   Sections 40 and 41

Repeal the sections.

821   Section 42

Repeal the section, substitute:

42   Extra matters to be included in annual report

    The annual report on the Commission under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

  (a)   the principles that were applicable in accordance with subsections 34B(2), 34C(1) and 36(6B) during the financial year; and

  (b)   a statement as to whether those principles differed from the principles that were applicable in the preceding financial year, and, if they differed, as to the manner in which they differed; and

  (c)   the number of:

  (i)   signed instruments made under section 8M; and

  (ii)   notices in writing given under section 8P; and

  (iii)   notices in writing given to individual patients under section 8P; and

  (iv)   premises entered under section 8U; and

  (v)   occasions when powers were used under section 8V; and

  (vi)   search warrants issued under section 8Y; and

  (vii)   search warrants issued by telephone or other electronic means under section 8Z; and

  (viii)   patients advised in writing under section 8ZN.

822   Section 43

Repeal the section.

Hearing Services Act 1991

823   At the end of subsection 7(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

824   Section 10

Repeal the section.

825   At the end of section 12

Add:

  (4)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Authority.

826   Subsection 22(3)

Omit "would, for the purposes of section 24, be taken to have an interest", substitute "has a material personal interest".

827   Section 24

Repeal the section.

828   Paragraph 31(2)(b)

Omit "or section 24", substitute "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

829   Section 39

Repeal the section.

830   Paragraph 46(2)(b)

Omit "or section 24", substitute "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

831   Subsection 52(2)

Omit "Subject to subsection (3), the", substitute "The".

832   Subsections 52(3), (4) and (5)

Repeal the subsections, substitute:

  (3)   Subsection (2) does not prevent investment of surplus money of the Authority under section 18 of the Commonwealth Authorities and Companies Act 1997 .

833   Section 59

Repeal the section.

834   Paragraph 60(1)(b)

Omit "63D(1) of the Audit Act 1901 ", substitute "18(2) of the Commonwealth Authorities and Companies Act 1997 ".

835   Subsection 60(2)

Repeal the subsection.

836   Section 61

Repeal the section.

837   Section 71

Repeal the section.

Higher Education Funding Act 1988

838   Subsection 34(1) (definition of Fund )

Repeal the definition.

839   Subsection 34(1)

Insert:

"Reserve" means the Higher Education (HECS) Reserve established by section 59.

840   Part 4.3 (heading)

Repeal the heading, substitute:

Part 4.3 -- Higher Education (HECS) Reserve

841   Subsection 59(1)

Omit "fund", substitute "reserve".

Note:   The heading to section 59 is altered by omitting " Fund " and substituting " Reserve ".

842   Subsection 59(1)

Omit "Trust Fund", substitute "(HECS) Reserve".

843   Subsection 59(2)

Repeal the subsection, substitute:

  (2)   The Reserve is a component of the Reserved Money Fund.

844   Subsection 60(1)

Omit "There shall be paid into the Fund", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund amounts equal to".

Note:   The heading to section 60 is altered by omitting " Fund " and substituting " Reserve ".

845   Paragraph 60(1)(b)

Omit "amounts equal to".

846   Paragraphs 60(1)(c) and (d)

Omit "Fund", substitute "Reserve".

847   Paragraph 60(1)(e)

Omit "in the Fund", substitute "from the Fund".

848   Subsection 60(2)

Repeal the subsection.

849   Subsection 61(1)

Omit "Fund", substitute "Reserve".

Note:   The heading to section 61 is altered by omitting " Fund " and substituting " Reserve ".

850   Subsection 117(2)

Omit "section 49 or 50 of the Audit Act 1901 ", substitute " section 54 or 55 of the Financial Management and Accountability Act 1997 ".

Horticultural Research and Development Corporation Act 1987

851   Subsection 7(1)

Omit "Subject to subsection (2), the", substitute "The".

852   Subsection 7(2)

Repeal the subsection.

853   At the end of subsection 11(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

854   Section 22

Repeal the section.

855   Paragraph 23(2)(b)

Omit "22", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

856   Subsection 29(1)

Omit "Without limiting the matters that the Corporation may include in its annual report for a period, the Corporation shall include in the report", substitute "The members of the Corporation must include in a report on the Corporation prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

857   Subsection 29(2)

Repeal the subsection.

858   At the end of section 47

Add:

  (3)   This section does not prevent investment of surplus money of the Corporation under section 18 of the Commonwealth Authorities and Companies Act 1997 .

859   Section 52

Repeal the section.

860   Subsection 54(5)

Repeal the subsection, substitute:

  (5)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies to a member of a committee as if the committee were a Commonwealth authority and the member were a director of the authority.

Housing Loans Insurance Act 1965

861   Subsection 4(1) (definition of approved bank )

Repeal the definition.

862   At the end of subsection 6(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation . That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

863   Section 10

Repeal the section.

864   Paragraph 11(2)(b)

Omit "10", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

865   Section 32

Repeal the section.

866   Section 33

Omit "Subject to section 34, the", substitute "The".

867   At the end of section 33

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997 .

868   Section 34

Repeal the section.

869   Subsection 36(1)

Repeal the subsection.

Note:   The heading to section 36 is replaced by the heading " Special account for business under subsection 17(3C) directions " .

870   Section 37

Repeal the section.

871   Section 37A

Omit "17A, 19 or 34", substitute "17A or 19 of this Act, or subsection 19(3) of the Commonwealth Authorities and Companies Act 1997 ".

872   Section 37B

Repeal the section.

873   Section 39

Repeal the section, substitute:

39   Extra matters to be included in annual report

    The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also set out:

  (a)   all directions given to the Corporation by the Minister under subsection 17(3C), section 20 or subsection 31A(4) or 31C(1) during the year to which the report relates; and

  (b)   all determinations made by the Minister under subsection 25(4) or 31B(1) or (2) during the year to which the report relates.

874   Section 40

Repeal the section, substitute:

40   A Minister cannot require reports etc. about affairs of a particular person

    A Minister cannot, under paragraph 16(1)(b) or (c) of the Commonwealth Authorities and Companies Act 1997 , require the members of the Corporation to give that Minister a report, document or information relating to the affairs of a particular person.

Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996

875   Subsection 40(1)

After "section 39 of that Act", insert ", or section 9 of the Commonwealth Authorities and Companies Act 1997 ,".

876   Subsection 40(2)

Omit "section 39 of the Housing Loans Insurance Act, as it continues in force by subsection (1) of this section,", substitute "the section that applies to the period of 12 months ending on that 30 June (being either section 39 of the Housing Loans Insurance Act or section 9 of the Commonwealth Authorities and Companies Act 1997 )".

Income Tax Assessment Act 1936

877   Subsection 128U(1) (definition of mining payment )

Omit "Trust Account" (wherever occurring), substitute "Aboriginals Benefit Reserve".

878   Subsection 128U(1) (definition of Trust Account )

Repeal the definition.

879   Subsection 128U(1)

Insert:

"Aboriginals Benefit Reserve" means the Aboriginals Benefit Reserve established by section 62 of the Aboriginal Land Rights ( Northern Territory ) Act 1976 .

880   Subsection 159ZR(1) (definition of eligible income )

After "section 34A of the Audit Act 1901 ", insert "or section 33 of the Financial Management and Accountability Act 1997 ".

Interstate Road Transport Act 1985

881   Subsection 3(1) (definition of Fund )

Repeal the definition.

882   Subsection 3(1)

Insert:

"Reserve" means the Interstate Road Transport Reserve established by section 21.

883   Part IV (heading)

Repeal the heading, substitute:

Part IV -- Interstate Road Transport Reserve

884   Section 21

Repeal the section, substitute:

21   Interstate Road Transport Reserve

  (1)   This subsection establishes a reserve called the Interstate Road Transport Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

885   Subsection 22(1)

Omit "Fund", substitute "Reserve".

Note:   The heading to section 22 is altered by omitting " Fund " and substituting " Reserve ".

886   Subsection 22(1)

Omit "which is appropriated accordingly,".

887   Subsection 22(2)

Omit "Fund", substitute "Reserve, out of the Consolidated Revenue Fund, amounts equal to".

888   Section 23

Omit "Fund", (wherever occurring), substitute "Reserve".

Note:   The heading to section 23 is altered by omitting " Fund " and substituting " Reserve ".

Lands Acquisition Act 1989

889   Section 6 (definition of Trust Fund )

Repeal the definition.

890   Section 6

Insert:

"Reserve" means the Lands Acquisition Reserve established by section 89A.

891   After section 89

Insert:

89A   Establishment of Lands Acquisition Reserve

  (1)   This subsection establishes a reserve called the Lands Acquisition Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

892   Section 90

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

Note:   The heading to section 90 is altered by omitting " Trust Fund " and substituting " Reserve ".

893   Section 114

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

Note:   The heading to section 114 is altered by omitting " Trust Fund " and substituting " Reserve ".

Loan Consolidation and Investment Reserve Act 1955

894   Subsection 4(2)

Repeal the subsection, substitute:

  (2)   The Reserve is a component of the Reserved Money Fund.

895   Section 5

Repeal the section, substitute:

5   Payments to Reserve

    There must be transferred to the Reserve from the Consolidated Revenue Fund:

  (a)   amounts appropriated by the Parliament for the purposes of the Reserve; and

  (b)   amounts equal to interest received by the Commonwealth from the investment of money from the Reserve.

896   Subsection 6(4)

Omit "section 62B of the Audit Act 1901 ", substitute " section 39 of the Financial Management and Accountability Act 1997 ".

897   Subsection 7(4)

Repeal the subsection, substitute:

  (4)   Section 62 of the Financial Management and Accountability Act 1997 applies to the Finance Minister's power under subsection 6(4) of this Act in the same way as that section applies to the Finance Minister's powers under the Financial Management and Accountability Act 1997 .

Loan (Income Equalization Deposits) Act 1976

898   Subsection 4B(3)

Omit "Trust Account", substitute "Reserve".

899   Section 7

Repeal the section, substitute:

7   Establishment of Reserve

  (1)   This subsection establishes a reserve called the Income Equalization Deposits Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

900   Section 8

Omit "Trust Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 8 is altered by omitting " Trust Account " and substituting " Reserve ".

901   Subsection 15A(9)

Omit "Trust Account", substitute "Reserve".

Loan (Temporary Revenue Deficits) Act 1953

902   Subsection 3(1)

Omit "Notwithstanding section fifty - seven of the Audit Act 1901 - 1952 , whenever", substitute "Whenever".

Maritime College Act 1978

903   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the College. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

904   Paragraph 17(2)(b)

Omit "an obligation imposed on him or her by section 18", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

905   Section 18

Repeal the section.

906   After section 32

Insert:

33   College's financial year starts on 1 January

    For the purposes of the Commonwealth Authorities and Companies Act 1997 , the College's financial year is a period of 12 months starting on 1 January.

907   At the end of section 34

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the College under section 18 of the Commonwealth Authorities and Companies Act 1997 .

908   Section 35

Repeal the section.

909   Section 37C

Omit "35,".

910   Section 37E

Repeal the section.

Meat and Live - stock Industry Act 1995

911   At the end of subsection 8(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

912   Paragraph 23(1)(a)

Repeal the paragraph, substitute:

  (a)   to consider the most recent annual reports on the Council, AMLC and MRC (these reports are prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 ); and

913   Paragraph 23(2)(a)

Omit all the words after "annual report", substitute "on the Council be received;".

914   Paragraph 23(2)(b)

Omit all the words after "annual report", substitute "on AMLC be received;".

915   Paragraph 23(2)(c)

Omit all the words after "annual report", substitute "on MRC be received;".

916   Section 32

Repeal the section, substitute:

32   Situations that do not amount to interests requiring disclosure

    For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member is not taken to have a material personal interest in a matter being considered or about to be considered by the Council merely because the member is a producer of live - stock, an exporter of live - stock, the operator of meatworks or an exporter of meat.

917   Paragraph 35(3)(c)

Omit "32", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

918   At the end of section 44

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Council under section 18 of the Commonwealth Authorities and Companies Act 1997 .

919   Section 47

Repeal the section.

920   Section 50

Omit "The Council must include in each annual report prepared under section 63H of the Audit Act 1901 , as that section applies to it because of section 47 of this Act:", substitute "The annual report on the Council under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 50 is replaced by the heading " Extra matters to be included in annual report ".

921   At the end of subsection 53(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to AMLC. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

922   Section 112

Repeal the section, substitute:

112   Situations that do not amount to interests requiring disclosure

    For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member is not taken to have a material personal interest in a matter being considered or about to be considered by AMLC merely because the member is a producer of live - stock, an exporter of live - stock, the operator of meatworks or an exporter of meat.

923   Paragraph 115(3)(c)

Omit "112", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

924   At the end of section 126

Add:

  (3)   Subsections (1) and (2) do not prevent investment of surplus money of AMLC under section 19 of the Commonwealth Authorities and Companies Act 1997 .

925   Sections 130, 131, 132 and 133

Repeal the sections.

926   Subsection 163(1)

Repeal the subsection.

927   Subsection 163(2)

Omit "The annual report for a financial year must include:", substitute "The annual report on AMLC under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 163 is replaced by the heading " Extra matters to be included in annual report " .

928   Subsections 163(4) and (5)

Repeal the subsections.

929   At the end of subsection 166(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to MRC. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability , banking and investment, and conduct of officers.

930   Section 191

Repeal the section, substitute:

191   Situations that do not amount to interests requiring disclosure

    For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member is not taken to have a material personal interest in a matter being considered or about to be considered by MRC merely because the member is a producer of live - stock, an exporter of live - stock, the operator of meatworks or an exporter of meat.

931   Paragraph 194(3)(c)

Omit "191", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

932   At the end of section 205

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of MRC under section 18 of the Commonwealth Authorities and Companies Act 1997 .

933   Section 208

Repeal the section.

934   Section 213

Omit "MRC must include in each annual report prepared under section   63H of the Audit Act 1901 , as that section applies to it because of section   208 of this Act:", substitute " The annual report on MRC under section   9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 213 is replaced by the heading " Extra matters to be included in annual report " .

935   Paragraph 221(3)(b)

Omit "authority's annual report", substitute "annual report on the authority under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

936   At the end of section 221

Add:

  (5)   This section does not apply to notices under section 28 of the Commonwealth Authorities and Companies Act 1997 , and does not affect the Minister's power to give notices under that section.

Military Superannuation and Benefits Act 1991

937   At the end of section 19

Add:

  (4)   The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

938   Section 25

Repeal the section, substitute:

25   Banking

  (1)   The Board must pay all money received by it in respect of the Fund into an account maintained by it with a bank.

  (2)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

25A   Accounting records

  (1)   The Board must keep proper accounts and records of the Fund's transactions and affairs in accordance with the accounting principles generally applied in commercial practice.

  (2)   The Board must do all things necessary to ensure that:

  (a)   all payments out of the Fund are correctly made and properly authorised; and

  (b)   adequate control is maintained over the assets of the Fund and over the incurring of liabilities by the Board in respect of the Fund.

  (3)   If a requirement of this section is contravened, each member of the Board who intentionally:

  (a)   caused the contravention; or

  (b)   failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;

is guilty of an offence.

Penalty for contravention of subsection (3):   Imprisonment for 6 months

25B   Audit

  (1)   At least once a year, the Auditor - General must:

  (a)   inspect and audit:

  (i)   the accounts and records of the Fund's financial transactions; and

  (ii)   the records relating to assets of the Fund; and

  (b)   report to the Minister the results of the inspection and audit.

  (2)   The Auditor - General may, however, decide to dispense with all or any part of the detailed inspection of the accounts and records.

  (3)   The Auditor - General must, as soon as practicable, report to the Minister any irregularity disclosed by the inspection that the Auditor - General thinks is sufficiently important to be reported.

Note:   For the information-gathering powers of the Auditor - General, see Part   5 of the Auditor - General Act 1997 .

National Cattle Disease Eradication Trust Account Act 1991

939   Title

Omit " continue in existence the National Cattle Disease Eradication Trust Account ", substitute " establish the National Cattle Disease Eradication Reserve ".

940   Section 1

Omit " Trust Account ", substitute " Reserve ".

941   Section 3 (definition of the Account )

Repeal the definition.

942   Section 3

Insert:

"Reserve" means the National Cattle Disease Eradication Reserve established by section 4.

943   Section 4

Repeal the section, substitute:

4   Establishment of Reserve

  (1)   This subsection establishes a reserve called the National Cattle Disease Eradication Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

944   Subsection 5(1)

Omit "There is to be paid into the Account", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund".

Note:   The heading to section 5 is altered by omitting " Trust Account " and substituting " Reserve ".

945   Paragraph 5(1)(c)

Omit "Account", substitute "Reserve".

946   Paragraph 5(1)(d)

Repeal the paragraph, substitute:

  (d)   amounts equal to interest from the investment of money from the Reserve.

947   Subsection 5(2)

Repeal the subsection.

948   Section 6

Omit "Account", substitute "Reserve".

Note:   The heading to section 6 is altered by omitting " Trust Account " and substituting " Reserve ".

National Environment Protection Council Act 1994

949   At the end of section 56

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Service Corporation under section 18 of the Commonwealth Authorities and Companies Act 1997 as it applies to the Service Corporation under section 59 of this Act.

950   Sections 58 and 59

Repeal the sections, substitute:

59   Application of the Commonwealth Authorities and Companies Act 1997

  (1)   The Service Corporation is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

  (2)   Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Service Corporation as if it were a Commonwealth authority for the purposes of that Act.

  (3)   Section 9 of the Commonwealth Authorities and Companies Act 1997 applies in relation to the Service Corporation as if the NEPC Executive Officer were a director of the Service Corporation for the purposes of that Act.

  (4)   Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister's Orders were references to requirements set out in a resolution of the Ministerial Council carried in accordance with section 28 of this Act.

  (5)   An annual report prepared under section 9 of that Act must also contain any other information required by the Council to be included in the report.

  (6)   A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.

National Gallery Act 1975

951   Subsection 3(1) (definitions of Chairman and Deputy Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

952   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Gallery. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

953   Subsection 7(4)

Omit "sections 36 and 39", substitute "section 36 of this Act and subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ".

954   Paragraph 13(1)(a) and section 14

Omit "Chairman" (wherever occurring), substitute "Chair".

955   Paragraph 17(2)(c)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

956   Section 19

Repeal the section.

957   Section 20 and subsections 22(1) and (5)

Omit "Chairman" (wherever occurring), substitute "Chair".

958   Paragraph 29(2)(aa)

Omit "19", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

959   Section 35

Repeal the section.

960   At the end of section 37

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Gallery under section 18 of the Commonwealth Authorities and Companies Act 1997 .

961   Subsection 38(2)

Omit "39", substitute "18 of the Commonwealth Authorities and Companies Act 1997 ".

962   Sections 39 and 40

Repeal the sections, substitute:

40   Extra matters to be included in annual report

    In each report on the Gallery under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must include particulars of any disposals of works of art under section 9 of this Act during the financial year to which the report relates.

National Health Act 1953

963   At the end of subsection 82B(2)

Add:

Note:   Subject to section 82BA, the Commonwealth Authorities and Companies Act 1997 applies to the Council. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

964   After section 82B

Insert:

82BA   Modification of the Commonwealth Authorities and Companies Act 1997

  (1)   The Commonwealth Authorities and Companies Act 1997 applies (subject to subsection (2)) in relation to the Council as if the Commissioner were the Council's only director.

  (2)   Sections 14 and 21 of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Council.

965   After section 82C

Insert:

82CA   Disclosure of interests by Commissioner

    If the Commissioner has a material personal interest in a matter that the Commissioner is considering or is about to consider, the Commissioner must give written notice of the interest to the Minister.

966   Section 82P

After "powers of the Council", insert ", other than functions and powers under the Commonwealth Authorities and Companies Act 1997 ".

967   At the end of section 82PA

Add:

Note:   An annual report on the Council's operations must also be prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 .

Note:   The heading to section 82PA is replaced by the heading " Report on registered organisations ".

968   At the end of subsection 82ZR(1)

Add:

Note:   Subject to section 82ZRAA, the Commonwealth Authorities and Companies Act 1997 applies to the Complaints Commissioner. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

969   After section 82ZR

Insert:

82ZRAA   Commonwealth Authorities and Companies Act 1997 applies as though Complaints Commissioner were a director

  (1)   Subsection 82ZR(1) provides that the Complaints Commissioner is a corporation. The Commonwealth Authorities and Companies Act 1997 applies (subject to subsection (2)) in relation to the corporation as if the person holding, or performing the duties of, the office of Complaints Commissioner were a director of the corporation for the purposes of that Act.

  (2)   Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the Complaints Commissioner.

970   After section 82ZUB

Insert:

82ZUBA   Disclosure of interest by Complaints Commissioner

    If the Complaints Commissioner has a material personal interest in a matter that the Complaints Commissioner is considering or is about to consider, the Complaints Commissioner must give written notice of the interest to the Minister.

971   Subsection 82ZVA(1)

Repeal the subsection.

972   Subsection 82ZVA(2)

Omit all the words from and including "The annual report" to and including "summary of:", substitute "The annual report prepared by the Complaints Commissioner under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include a summary of:".

Note:   The heading to section 82ZVA is replaced by the heading " Extra matters to be included in annual report .

National Health and Medical Research Council Act 1992

973   Section 4 (definition of Fund )

Repeal the definition.

974   Section 4

Insert:

"Reserve" means the Medical Research Endowment Reserve established by section 49.

975   Paragraph 7(1)(c)

Omit "Fund", substitute "Reserve".

976   Paragraphs 35(2)(a) and (b)

Omit "Fund", substitute "Reserve".

977   Part 7 (heading)

Repeal the heading, substitute:

Part 7 -- Medical Research Endowment Reserve

978   Section 49

Repeal the section, substitute:

49   Establishment of Reserve

  (1)   This subsection establishes a reserve called the Medical Research Endowment Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

979   Section 50

Repeal the section, substitute:

50   Payments into Reserve

    There must be transferred to the Reserve from the Consolidated Revenue Fund:

  (a)   amounts from time to time appropriated by the Parliament for the purposes of the Reserve; and

  (b)   amounts equal to amounts that are given or bequeathed for the purposes of the Reserve.

980   Subsection 51(1)

Omit "Fund", substitute "Reserve".

Note:   The heading to section 51 is altered by omitting " Fund " and substituting " Reserve ".

981   Subsection 52(1)

Omit "the Audit Act 1901 (other than section 62B of that Act)", substitute "the Financial Management and Accountability Act 1997 (other than section 39 of that Act)".

982   Subsection 52(1)

Omit "Fund" (wherever occurring), substitute "Reserve".

983   Subsection 52(2)

Omit "Fund", substitute "Reserve".

984   Section 53

Repeal the section, substitute:

53   Money repaid to the Commonwealth

    Amounts equal to money repaid to the Commonwealth in accordance with a condition determined under subsection 51(2) must be transferred to the Reserve from the Consolidated Revenue Fund.

National Library Act 1960

985   At the end of subsection 5(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Library. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

986   Section 12

Omit "Chairman" (wherever occurring), substitute "Chair".

987   Paragraph 15(1)(e)

Omit "15B", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

988   Section 15B

Repeal the section.

989   Section 16

Omit "Chairman" (wherever occurring), substitute "Chair".

990   Paragraph 17E(1)(aa)

Omit "15B", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

991   Sections 21 and 21A

Repeal the sections.

992   At the end of section 22

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Library under section 18 of the Commonwealth Authorities and Companies Act 1997 .

993   Section 23

Repeal the section.

994   Section 27

Repeal the section.

National Measurement Act 1960

995   At the end of subsection 16(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

996   Subsection 17(1)

Omit "Chairman", substitute "Chair".

997   Paragraph 18AC(2)(c)

Omit "18AD", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

998   Sections 18AD and 18C

Repeal the sections.

999   Subsections 18AE(2), (4), (5) and (7), sections 18AM, 18AN and 18AO and subsection 18AP(6)

Omit "Chairman" (wherever occurring), substitute "Chair".

1000   Paragraph 18D(c)

Omit "18DA", substitute "18 of the Commonwealth Authorities and Companies Act 1997 ".

1001   Sections 18DA and 18E

Repeal the sections.

1002   Subsection 18F(2)

Omit "18DA", substitute "18 of the Commonwealth Authorities and Companies Act 1997 ".

1003   Sections 18G, 18H and 19C

Repeal the sections.

National Museum of Australia Act 1980

1004   Section 3 (definitions of Chairman and Deputy Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

1005   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Museum. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1006   Subsection 9(5)

Omit "The Museum must, in each report prepared under section 63M of the Audit Act 1901 (as that section applies by virtue of section 38),", substitute "In each report on the Museum under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must".

1007   Paragraph 13(1)(a) and section 14

Omit "Chairman" (wherever occurring), substitute "Chair".

1008   Paragraph 17(2)(c)

Omit "section 19", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1009   Section 19

Repeal the section.

1010   Section 20 and subsection 22(6)

Omit "Chairman" (wherever occurring), substitute "Chair".

1011   Paragraph 27(2)(e)

Omit "his obligations under section 19", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1012   Section 34

Repeal the section.

1013   At the end of section 35

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Museum under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1014   Section 36

Repeal the section.

1015   Subsection 37(2)

Omit "36", substitute "18 of the Commonwealth Authorities and Companies Act 1997 ".

1016   Subsections 38(1), (2) and (3)

Repeal the subsections.

Note:   The heading to section 38 is replaced by the heading " Extra matters to be included in annual report ".

1017   Subsection 38(4)

Omit "Museum in pursuance of section 63M of the Audit Act 1901 shall", substitute "members under section 9 of the Commonwealth Authorities and Companies Act 1997 must".

National Occupational Health and Safety Commission Act 1985

1018   At the end of subsection 6(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Commission. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1019   Subsection 10(11)

Repeal the subsection.

1020   At the end of section 10

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1021   Paragraph 14(3)(b)

After "27", insert "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1022   Subsection 14(6)

Omit "15 or 27", substitute "27 of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1023   Subsections 15(1), (2) and (3)

Repeal the subsections.

Note:   The heading to section 15 is altered by omitting " members " and substituting " Chairperson and Chief Executive Officer ".

1024   Section 57

Repeal the section.

1025   Subsection 58(2)

Repeal the subsection, substitute:

  (2)   Money standing to the credit of the Fund that is not immediately needed for the purposes of the Fund may be invested under subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 .

1026   Subsection 58(8) (definition of approved bank )

Repeal the definition.

1027   At the end of section 59

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Commission under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1028   Section 60

Repeal the section.

1029   Subsection 66(2)

Repeal the subsection, substitute:

  (2)   The Minister must cause to be tabled in each House of the Parliament a copy of the statement prepared for a year under subsection   (1) at the same time as the annual report for the Commission for that year is tabled under the Commonwealth Authorities and Companies Act 1997 .

National Parks and Wildlife Conservation Act 1975

1030   At the end of subsection 15(1)

Add:

Note:   Subject to section 15A, the Commonwealth Authorities and Companies Act 1997 applies to the Director. That Act deals with matters relating to Commonwealth authorities , including reporting and accountability, banking and investment, and conduct of officers.

1031   After section 15

Insert:

15A   Modification of the Commonwealth Authorities and Companies Act 1997

  (1)   Subsection 15(1) provides that the Director is a corporation. The Commonwealth Authorities and Companies Act 1997 applies (subject to subsections (2) and (3)) in relation to the corporation as if the person holding, or performing the duties of, the office of Director were a director of the corporation for the purposes of that Act.

  (2)   Section 21 of the Commonwealth Authorities and Companies Act 1997 does not apply in relation to the Director.

  (3)   The Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Director.

1032   Subsection 16(3)

Repeal the subsection.

1033   After section 17

Insert:

17AA   Disclosure of interest by Director

    If the Director has a material personal interest in a matter that the Director is considering or is about to consider, the Director must give written notice of the interest to the Minister.

1034   Section 47

Repeal the section.

1035   At the end of section 48

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Fund under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1036   Sections 49A, 50 and 51

Repeal the sections.

1037   Section 52

Repeal the section, substitute:

52   Extra matters to be included in annual report

    The annual report prepared by the Director under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:

  (a)   particulars of any directions given by the Minister under subsection 16(2) of this Act during the year to which the report relates; and

  (b)   the report prepared by the Director under section 49 of the Endangered Species Protection Act 1992 .

1038   Section 53

Repeal the section.

National Residue Survey Administration Act 1992

1039   Title

Omit " Trust Account ", substitute " Reserve ".

1040   Section 4 (definition of Account )

Repeal the definition.

1041   Section 4

Insert:

"Reserve" means the National Residue Survey Reserve established by section 6.

1042   Part 3 (heading)

Repeal the heading, substitute:

Part 3 -- National Residue Survey Account

1043   Section 6

Repeal the section, substitute:

6   Establishment of Reserve

  (1)   This subsection establishes a reserve called the National Residue Survey Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

1044   Section 7

Omit "There is to be paid into the Account", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund".

Note:   The heading to section 7 is altered by omitting " Account " and substituting " Reserve ".

1045   Paragraphs 7(c), (d) and (da)

Repeal the paragraphs, substitute:

  (c)   amounts equal to amounts paid to the Commonwealth for the purposes of the National Residue Survey or the Reserve;

1046   Paragraph 7(e)

Omit "Account", substitute "Reserve".

1047   Paragraph 7(f)

Repeal the paragraph, substitute:

  (f)   amounts equal to income from the investment of money from the Reserve.

1048   Section 8

Omit "Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 8 is altered by omitting " Account " and substituting " Reserve ".

1049   Section 10

Omit "National Residue Survey Account", substitute "Reserve".

1050   Paragraphs 10(a), (b) and (c)

Omit "Account", substitute "Reserve".

1051   Section 11

Omit "National Residue Survey Account", substitute "Reserve".

1052   Section 12

Repeal the section.

National Road Transport Commission Act 1991

1053   Sections 40 and 41

Repeal the sections, substitute:

40   Application of the Commonwealth Authorities and Companies Act 1997

  (1)   The Commission is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

  (2)   Sections 9, 18 and 20 of that Act, and Schedule 1 to that Act, apply in relation to the Commission as if it were a Commonwealth authority for the purposes of that Act.

  (3)   Schedule 1 to that Act applies in relation to the Commission as if references in that Schedule to the Finance Minister's Orders were references to requirements set out in a resolution of the Ministerial Council passed in accordance with the Heavy Vehicles Agreement.

  (4)   An annual report prepared by members under section 9 of that Act must also contain any other information required by an Agreement to be included in the report.

  (5)   A copy of each annual report given to the Minister must be given to each member of the Ministerial Council as soon as practicable.

Native Title Act 1993

1054   Sections 133, 134 and 135

Repeal the sections, substitute:

133   Annual report

  (1)   As soon as practicable after 30 June in each year, the President must prepare and give to the Commonwealth Minister a report of the management of the administrative affairs of the Tribunal during the year.

  (2)   The report must include:

  (a)   the financial statements required by section 49 of the Financial Management and Accountability Act 1997 ; and

  (b)   an audit report on those statements under section 57 of the Financial Management and Accountability Act 1997 .

  (3)   The Commonwealth Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.

Natural Heritage Trust of Australia Act 1997

1055   Section 52 (note)

Omit "40(2)", substitute "39(2)".

Natural Resources Management (Financial Assistance) Act 1992

1056   Title

Omit " Fund ", substitute " Reserve ".

1057   Subsection 4(1) (definition of Fund )

Repeal the definition.

1058   Subsection 4(1)

Insert:

"Reserve" means the Natural Resources Management Reserve established by section 11.

1059   Subsection 6(5)

Omit "Fund", substitute "Reserve".

1060   Part 3 (heading)

Repeal the heading, substitute:

Part 3 -- Natural Resources Management Reserve

1061   Subsections 11(1), (2) and (3)

Repeal the subsections, substitute:

  (1)   This subsection establishes a reserve called the Natural Resources Management Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   If interest is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the interest must be transferred to the Reserve from the Consolidated Revenue Fund.

Note:   The heading to section 11 is altered by omitting " Fund " and substituting " Reserve ".

1062   Subsection 11(4)

Omit "The following amounts are to be paid into the Fund", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund".

1063   Paragraph 11(4)(b)

Omit "Fund", substitute "Reserve".

1064   Paragraphs 11(4)(b), (c) and (d)

Before "amounts", insert "amounts equal to".

1065   Subsection 11(5)

  Omit "Fund" (wherever occurring), substitute "Reserve".

1066   Subsection 12(1)

Omit "or in the Audit Act 1901 (other than subsection (2) of this section and section 62B of the Audit Act 1901 )", substitute "(other than subsection (2) of this section) or in the Financial Management and Accountability Act 1997 (other than section 39 of that Act)".

1067   Paragraphs 12(1)(a) and (b)

Omit "Fund", substitute "Reserve".

1068   Subsection 12(2)

Omit "Fund", substitute "Reserve".

Norfolk Island Act 1979

1069   Section 51G

Omit "subsection 63MB(1) of the Audit Act 1901 " (wherever occurring), substitute "section 24 of the Auditor - General Act 1997 ".

Occupational Health and Safety (Commonwealth Employment) Act 1991

1070   Subsection 5(1) (definition of annual report of Comcare )

Repeal the definition, substitute:

"annual report of Comcare" means the annual report on Comcare prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 .

Pig Industry Act 1986

1071   Section 4 (definition of company auditor )

Repeal the definition.

1072   Section 4 (definition of Corporation auditor )

Repeal the definition.

1073   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1074   Subsection 10(10)

Repeal the subsection.

1075   At the end of section 10

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1076   Subsection 11(9)

Repeal the subsection.

1077   At the end of section 11

Add:

Note:   For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1078   Paragraph 14(2)(b)

Omit "15", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1079   Section 15

Repeal the section, substitute:

15   Situations that do not amount to interests requiring disclosure

  (1)   If:

  (a)   a member has an interest in a matter being considered or about to be considered by the Corporation; and

  (b)   it is an interest that the member has by reason of being a principal in the industry; and

  (c)   the member has that interest in common with other principals in the industry;

the interest is not to be taken to be a material personal interest of the member for the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 .

  (2)   In this section:

"principal in the industry" means a pig producer, pig exporter, pork processor, pork producer or pork exporter.

1080   Subsection 21(4)

Omit "annual report of the Corporation", substitute "annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

1081 After subsection 25(1)

Insert:

  (1A)   Subsection (1) does not prevent investment of surplus money of the Corporation under section 19 of the Commonwealth Authorities and Companies Act 1997 .

1082 Sections 26, 27, 28, 29 and 30

Repeal the sections.

1083 Section 33

Omit "laid before each House of the Parliament in accordance with section   34", substitute "tabled in each House of the Parliament under section   9 of the Commonwealth Authorities and Companies Act 1997 ".

1084 Subsections 34(1), (2) and (3)

Repeal the subsections.

1085   Subsection 34(4)

Omit "Without limiting the generality of subsection (1), the Corporation shall include in each annual report referred to in that subsection--", substitute "The annual report on the Corporation under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include:".

Note:   The heading to section 34 is replaced by the heading " Extra matters to be included in annual report " .

1086   Subsection 34(5)

Repeal the subsection.

Prawn Export Promotion Act 1995

1087   Section 14

Repeal the section.

Primary Industries and Energy Research and Development Act 1989

1088   At the end of subsection 10(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to an R&D Corporation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1089   Subsection 12(1)

Omit "Subject to subsection (2), an", substitute "An".

1090   Subsection 12(2)

Repeal the subsection.

1091   Subsection 28(1)

Omit "Without limiting the matters that an R&D Corporation may include in its annual report under section 63H of the Audit Act 1901 for a period, it must include in the report", substitute "The directors must include in each report on an R&D Corporation prepared under section   9 of the Commonwealth Authorities and Companies Act 1997 ".

1092   Subsection 28(2)

Repeal the subsection.

1093   Section 54

Repeal the section.

1094   Paragraph 73(1)(c)

Omit "54", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1095   At the end of section 100

Add:

  (2)   Section 21 of the Commonwealth Authorities and Companies Act 1997 applies to members of an R&D Council as if the Council were a Commonwealth authority and the members were directors of the authority.

1096   At the end of section 138

Add:

  ; and (g)   the reference in paragraph 73(1)(c) of this Act to section   21 of the Commonwealth Authorities and Companies Act 1997 were a reference to subsections (2), (3), (4) and (5) of this section.

  (2)   If:

  (a)   a member of the Selection Committee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee; and

  (b)   the interest could conflict with the proper performance of the member's duties in relation to the matter;

the member must disclose the nature of the interest at a meeting of the Committee as soon as practicable after the member knows the relevant facts.

  (3)   The disclosure must be recorded in the minutes of the meeting.

  (4)   Unless the Committee determines otherwise, the member must not:

  (a)   be present during any deliberation of the Committee in relation to the matter; or

  (b)   take part in any decision of the Committee in relation to the matter.

  (5)   A member who has a direct or indirect pecuniary interest in a matter to which a disclosure relates must not:

  (a)   be present during any deliberation of the Committee for the purpose of making a determination under subsection (4); or

  (b)   take part in the Committee's making of the determination.

Note:   The heading to section 138 is altered by adding at the end " and disclosure of interest provisions ".

Primary Industries Levies and Charges Collection Act 1991

1097   Section 13

Omit " Audit Act 1901 ", substitute " Financial Management and Accountability Act 1997 ".

Note:   The heading to section 13 is altered by omitting " Audit Act " and substituting " Financial Management and Accountability Act ".

Proceeds of Crime Act 1987

1098   Subsection 4(1) (definition of distributable funds )

Omit "Trust Fund", substitute "Reserve".

1099   Subsection 4(1) (definition of suspended funds )

Omit "Trust Fund", substitute "Reserve".

1100   Subsection 4(1) (definition of Trust Fund )

Repeal the definition.

1101   Subsection 4(1)

Insert:

"Reserve" means the Confiscated Assets Reserve established by section   34A.

1102   Subsection 20(3)

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

1103   Subsection 30(4)

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

1104   Part IIA (heading)

Repeal the heading, substitute:

Part IIA -- Confiscated Assets Reserve

1105   Section 34A

Repeal the section, substitute:

34A   Establishment of Reserve

  (1)   This subsection establishes a reserve called the Confiscated Assets Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

1106   Subsection 34B(1)

Omit "There are to be paid into the Trust Fund", substitute "There must be transferred to the Reserve from the Consolidated Revenue Fund amounts equal to".

Note:   The heading to section 34B is altered by omitting " Trust Fund " and substituting " Reserve ".

1107   Paragraph 34B(1)(d)

Omit "Trust Fund", substitute "Reserve".

1108   Subsections 34B(2) and (3)

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

1109   Section 34C

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

Note:   The heading to section 34C is altered by omitting " Trust Fund " and substituting " Reserve ".

1110   Subsection 34E(1)

Omit "Trust Fund", substitute "Reserve".

1111   Subsections 49(6), (7) and (8)

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

1112   Subsections 63(4), (5) and (6)

Omit "Trust Fund" (wherever occurring), substitute "Reserve".

Public Accounts Committee Act 1951

1113    At the end of the title

Add " and Audit ".

1114   Section 1

After " Accounts ", insert " and Audit ".

1115   Section 4

Insert:

"Audit Office" means the Australian National Audit Office established by section 38 of the Auditor - General Act 1997 .

1116   Section 4

Insert:

"Auditor-General" means the Auditor - General for the Commonwealth referred to in section 7 of the Auditor - General Act 1997 .

1117    Section 4

Insert:

"Independent Auditor" means the Independent Auditor referred to in section 41 of the Auditor - General Act 1997 .

1118 Section 4 (definition of the Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

1119   Section 4 (definition of the Committee )

After "Accounts", insert "and Audit".

1120   Section 4 (definition of the Vice-Chairman )

Omit "Vice-Chairman" (wherever occurring), substitute "Deputy Chair".

1121   At the end of section 4

Add:

Note:   For the manner in which the Chair and Deputy Chair may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1122   Subsections 5(1) and (2)

Repeal the subsections, substitute:

  (1)   As soon as practicable after the commencement of this subsection and the first session of each Parliament, a joint committee of members of the Parliament, to be known as the Joint Committee of Public Accounts and Audit, is to be appointed.

  (2)   The Committee is to consist of 16 members of the Parliament. 6 members must be members of, and be appointed by, the Senate. 10 members must be members of, and be appointed by, the House of Representatives. The members must be appointed according to the practice of the Parliament for the appointment of members to serve on joint select committees of both Houses of the Parliament.

1123   Transitional provision relating to changes to Committee

For the purposes of section 25B of the Acts Interpretation Act 1901 , the amendment made by item 1122 is taken to be an amendment altering the name and constitution of the Committee provided for in the Public Accounts Committee Act 1951 as in force immediately before the commencement of that item.

1124    Subsection 5(6)

After "Accounts" (wherever occurring), insert "and Audit".

1125   Subsection 5(6)

Omit "(1)", substitute "(2)".

1126   Paragraph 5(6)(b)

Omit "Chairman" (wherever occurring), substitute "Chair".

1127   Subsections 6(1), (2), (2A) and (3), 6A(1) and (2) and 7(3)

Omit "Chairman" (wherever occurring), substitute "Chair".

1128   Subsections 6(1), (2A) and (3) and 6A(2)

Omit "Vice-Chairman" (wherever occurring), substitute "Deputy Chair".

1129   Subsection 8(1)

Repeal the subsection, substitute:

  (1)   The duties of the Committee are:

  (a)   to examine the accounts of the receipts and expenditure of the Commonwealth, including the financial statements given to the Auditor - General under subsections 49(1) and 55(2) of the Financial Management and Accountability Act 1997 ; and

  (b)   to examine the financial affairs of authorities of the Commonwealth to which this Act applies and of intergovernmental bodies to which this Act applies; and

  (c)   to examine all reports of the Auditor - General (including reports of the results of performance audits) that are tabled in each House of the Parliament; and

  (d)   to report to both Houses of the Parliament, with any comment it thinks fit, on any items or matters in those accounts, statements and reports, or any circumstances connected with them, that the Committee thinks should be drawn to the attention of the Parliament; and

  (e)   to report to both Houses of the Parliament any alteration that the Committee thinks desirable in:

  (i)   the form of the public accounts or in the method of keeping them; or

  (ii)   the mode of receipt, control, issue or payment of public moneys; and

  (f)   to inquire into any question connected with the public accounts which is referred to the Committee by either House of the Parliament, and to report to that House on that question; and

  (g)   to consider:

  (i)   the operations of the Audit Office; and

  (ii)   the resources of the Audit Office, including funding, staff and information technology; and

  (iii)   reports of the Independent Auditor on operations of the Audit Office; and

  (h)   to report to both Houses of the Parliament on any matter arising out of the Committee's consideration of the matters listed in paragraph (g), or on any other matter relating to the Auditor - General's functions and powers, that the Committee considers should be drawn to the attention of the Parliament; and

  (i)   to report to both Houses of the Parliament on the performance of the Audit Office at any time; and

  (j)   to consider draft estimates for the Audit Office submitted under section 53 of the Auditor - General Act 1997 ; and

  (k)   to consider the level of fees determined by the Auditor - General under subsection 14(1) of the Auditor - General Act 1997 ; and

  (l)   to make recommendations to both Houses of Parliament, and to the Minister who administers the Auditor - General Act 1997 , on draft estimates referred to in paragraph (j); and

  (m)   to determine the audit priorities of the Parliament and to advise the Auditor - General of those priorities; and

  (n)   to determine the audit priorities of the Parliament for audits of the Audit Office and to advise the Independent Auditor of those priorities; and

  (o)   any other duties given to the Committee by this Act, by any other law or by Joint Standing Orders approved by both Houses of the Parliament.

  (1A)   Nothing in subsection (1) authorises the Committee to direct the activities of the Auditor - General or the Independent Auditor.

1130   After section 8

Insert:

8A   Committee may approve or reject recommendation for appointment of Auditor - General or Independent Auditor

  (1)   If the Audit Minister refers a proposed recommendation for an appointment of the Auditor - General or Independent Auditor to the Committee for approval, the Committee must:

  (a)   approve or reject the proposal within 14 days after receiving it; or

  (b)   notify the Audit Minister as provided for in subsection (2).

Note:   Clauses 2 of Schedule 1 and 2 of Schedule 2 of the Auditor - General Act 1997 require proposed recommendations to be referred to the Committee for approval.

  (2)   The Committee may notify the Audit Minister within 14 days after receiving a proposal that it needs more time to consider the proposal. If the Committee does so, the Committee must approve or reject the proposal within 44 days after receiving it.

  (3)   The decision to approve or reject a proposal is to be by majority of the members of the Committee for the time being holding office.

  (4)   If the Committee does not make a decision on a proposal by the required time, the Committee is taken, at that time, to have approved the proposal.

  (5)   The Committee must notify the Audit Minister of its decision on a proposal as soon as practicable after making the decision.

  (6)   A notification under this section must be in writing.

  (7)   The Committee must report to both Houses of the Parliament on its decision on a proposal.

  (8)   In this section:

"Audit Minister" means the Minister administering the Auditor - General Act 1997 .

8B   Annual report

  (1)   The Committee must, in relation to each financial year, prepare a report on the performance of its duties during the year.

  (2)   The Committee must table the report in each House of the Parliament.

1131   Subsection 9(3)

Omit "sections 8 and 12", substitute "sections 8, 8A, 8B and 12".

1132   Subsections 9(3), 10(1), 11(4), 13(2) and 14(1), paragraph 14(3)(c), section 20 and subsections 22(1) and (2)

Omit "Chairman" (wherever occurring), substitute "Chair".

1133   Subsections 9(3), 10(1), 13(2) and 14(1), paragraph 14(3)(c), section 20 and subsection 22(2)

Omit "Vice-Chairman" (wherever occurring), substitute "Deputy Chair".

1134   Schedule, Form C

Omit "Chairman" (wherever occurring), substitute "Chair".

1135   Schedule, Form C

Omit "Vice-Chairman", substitute "Deputy Chair".

1136   Schedule, Form C

Omit " Public Accounts Committee Act 1951 ", substitute " Public Accounts and Audit Committee Act 1951 ".

1137   Schedule, Form C

Omit "Joint Committee of Public Accounts" (wherever occurring), substitute "Joint Committee of Public Accounts and Audit".

1138   Schedule, Form D

Omit " Public Accounts Committee Act 1951 ", substitute " Public Accounts and Audit Committee Act 1951 ".

1139   Schedule, Form D

Omit "Joint Committee of Public Accounts" (wherever occurring), substitute "Joint Committee of Public Accounts and Audit".

1140   Schedule, Form D

Omit "Chairman", substitute "Chair".

1141   Schedule, Form D

Omit "Vice-Chairman", substitute "Deputy Chair".

Public Service Act 1922

1142   At the end of subsection 25(7)

Add "and Audit".

Qantas Sale Act 1992

1143   Sections 43 and 44

Repeal the sections.

Remuneration and Allowances Act 1990

1144   Part 3 of Schedule 2 (table row relating to Chairman, Albury-Wodonga Development Corporation)

Omit "Chairman", substitute "Chair".

1145   Part 3 of Schedule 2 (table row relating to Chairman, Australian Wheat Board)

Omit "Chairman", substitute "Chair".

1146   Schedule 4 (table row relating to Chairmen of Committees)

Omit "Chairmen", substitute "Chairs".

1147   Schedule 4 (table row relating to Chairman, Joint Committee of Public Accounts)

Omit "Accounts", substitute "Accounts and Audit".

1148   Schedule 4 (all table rows after the heading relating to Chairmen of Committees except for the table row relating to the Chairman, Parliamentary Standing Committee on Public Works)

Omit "Chairman" (wherever occurring), substitute "Chair".

Reserve Bank Act 1959

1149   At the end of section 7

Add:

Note:   Subject to section 7A, the Commonwealth Authorities and Companies Act 1997 applies to the Bank. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability and conduct of officers.

1150   After section 7

Insert:

7A   Modification of the Commonwealth Authorities and Companies Act 1997

    Sections 14 and 18 of the Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Bank.

1151   Paragraph 18(1)(e)

Omit "23", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1152   Subsections 20(2) and (3)

Repeal the subsections.

1153   At the end of section 20

Add:

Note:   For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1154   Sections 23, 78 and 80

Repeal the sections.

1155   Section 30

Omit "The", substitute "Subject to subsection (2), the".

1156   Before paragraph 30(a)

Insert:

  (aa)   such amount as the Treasurer, after consultation with the Board, determines is to be set aside for contingencies; and

1157   At the end of section 30

Add:

  (2)   If the net profit of the Bank for a year is calculated on a basis that requires the inclusion of unrealised gains on assets during the year, the amount to which subsection (1) applies is to be worked out as follows:

  (a)   deduct from the net profit an amount equal to the total of all amounts of unrealised gains included in the net profit; and

  (b)   if an asset in respect of which unrealised gains were included in the net profit for a previous year or years is realised during the year--add to the amount remaining after applying paragraph (a) the total amount of those unrealised gains.

1158   Section 81

Repeal the section, substitute:

81   Extra matters to be included in annual report

  (1)   The annual report on the Bank under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include a report on any investigations on prudential matters under section   61 of the Banking Act 1959 , including details of persons appointed to investigate and report on such matters.

  (2)   Subsection (1) does not authorise the inclusion in the annual report of a report with respect to the affairs of an individual bank or the affairs of an individual customer of a bank.

1159   Section 81A

Repeal the section.

Royal Australian Air Force Veterans' Residences Act 1953

1160   Subsection 3(3)

Repeal the subsection.

1161   Subsection 3(4)

Omit "shall consist of the moneys payable to the Trust under the last preceding sub-section", substitute "consists of money from the Prize Money Trust Account paid to the Trust for the purposes of the Fund".

1162   After section 5

Insert:

5A   Application of the Commonwealth Authorities and Companies Act 1997 and the Auditor - General Act 1997

  (1)   The Trust is taken to constitute a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 and the Auditor - General Act 1997 .

  (2)   Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Trust.

Note:   The Commonwealth Authorities and Companies Act 1997 deals with matters relating to Commonwealth authorities, including reporting and accountability, banking, and conduct of officers.

1163   Section 10

Repeal the section.

Safety, Rehabilitation and Compensation Act 1988

1164   At the end of subsection 74(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to Comcare. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1165   At the end of section 70B

Add:

  (2)   Section 29 of the Commonwealth Authorities and Companies Act 1997 does not apply to Comcare in relation to the activities of Comcare subsidiaries under Part VIIIB or contracts referred to in that Part.

Note:   The heading to section 70B is replaced by the heading " Formation and activities of Comcare subsidiaries ".

1166   At the end of section 73

Add:

  (3)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to Comcare.

1167   At the end of section 76

Add:

  (4)   The Chief Executive Officer is a director of Comcare for the purposes of the Commonwealth Authorities and Companies Act 1997 .

  (5)   If the Chief Executive Officer has a material personal interest in a matter that Comcare is considering or is about to consider, he or she must give written notice of the interest to the Minister.

1168   Paragraph 84(2)(b)

After "contravenes", insert "subsection 76(5) or".

1169   After subsection 89E(2)

Insert:

  (2A)   The Commissioners are not directors of Comcare for the purposes of the Commonwealth Authorities and Companies Act 1997 .

Note:   Commissioner does not include the Chief Executive Officer: see subsection   4(1).

1170   Section 90

Repeal the section, substitute:

90   Application of the Commonwealth Authorities and Companies Act 1997

  (1)   The Commonwealth Authorities and Companies Act 1997 (except section   21) applies in relation to Comcare as if the Chief Executive Officer were a director of Comcare for the purposes of that Act.

  (2)   Each report on Comcare for a year prepared by the Chief Executive Officer under section 9 of that Act must include particulars of each direction given under section 73 of this Act during that year.

1171   Subsection 90A(1)

Omit "section 63J of the Audit Act 1901 as it applies to Comcare by section   90 of this Act", substitute " subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

1172   Subsection 90A(2)

Repeal the subsection.

1173   Subsection 91(4)

Repeal the subsection, substitute:

  (4)   Subsection (3) does not prevent investment of surplus money of Comcare under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1174   Subsections 92(1) and (2)

Repeal the subsections.

1175   Subsection 92(3)

Omit "A reference in this section to", substitute "For the purposes of section   14 of the Commonwealth Authorities and Companies Act 1997 ,".

1176   Subsection 94(2)

Omit "91(4)", substitute "18(3) of the Commonwealth Authorities and Companies Act 1997 ".

1177   Subsection 108Y(4)

Omit "Comcare must, in each report prepared by it under section   63M of the Audit Act 1901 (as that section applies to it by virtue of section   90 of this Act)", substitute "In each report on Comcare under section   9 of the Commonwealth Authorities and Companies Act 1997 , the Chief Executive Officer must".

Science and Industry Research Act 1949

1178   Subsection 8(2)

Add at the end:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Organisation. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment and conduct of officers.

1179   Subsections 9AA(2) to (6) (inclusive)

Repeal the subsections.

1180   Paragraph 10E(2)(b)

Omit "or 23", substitute "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1181   Section 14

Repeal the section.

1182   Subsection 14A(6)

Repeal the subsection.

1183   At the end of section 14A

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1184   Paragraph 22(2)(c)

Omit "23", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1185   Section 23

Repeal the section.

1186   Section 45

Repeal the section.

1187   Subsection 48(1)

Omit "Subject to sub-section (2), the", substitute "The".

1188   Subsection 48(2)

Repeal the subsection, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of the Organisation under section 18 of the Commonwealth Authorities and Companies Act 1997.

1189   Section 49

Repeal the section.

1190   Subsection 51(1)

Repeal the subsection.

Note:   The heading to section 51 is replaced by the heading " Extra matters to be included in annual report ".

1191   Subsection 51(2)

Omit "The Organisation shall, in each report prepared under section   63M of the Audit Act 1901 in respect of a financial year,", substitute "In each report on the Organisation under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must".

1192   Paragraph 51(2)(e)

Omit "14", substitute "28 of the Commonwealth Authorities and Companies Act 1997 ".

Sea Installations Act 1987

1193   Subsections 38(1), (2) and (3)

Repeal the subsections, substitute:

  (1)   This subsection establishes a reserve called the Sea Installations Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   There must be transferred to the Reserve from the Consolidated Revenue Fund amounts equal to money paid as a security under section   37 by way of a cash deposit.

Note:   The heading to section 38 is altered by omitting " Trust Account " and substituting " Reserve ".

1194   Subsection 38(4)

Omit "account that is", substitute "Reserve that represents".

Services Trust Funds Act 1947

1195   Section 5

Omit "chairman" (wherever occurring), substitute "chair".

1196   Section 34

Repeal the section, substitute:

34   Application of the Commonwealth Authorities and Companies Act 1997 and the Auditor - General Act 1997

  (1)   The trustees of each fund are taken to constitute a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 and the Auditor - General Act 1997 .

  (2)   Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Trust.

Note:   The Commonwealth Authorities and Companies Act 1997 deals with matters relating to Commonwealth authorities, including reporting and accountability, banking, and conduct of officers.

35   Financial years start on 1 July

  (1)   For the purposes of the Commonwealth Authorities and Companies Act 1997 , the financial year for the trustees of each fund is, subject to subsection (2), a period of 12 months starting on 1 July.

  (2)   The first annual report required to be prepared under the Commonwealth Authorities and Companies Act 1997 by the trustees of each fund is to relate to the period of 18 months starting on the last 1 January before the commencement of this section.

Note:   Previously, funds had financial years that ended on 31 December.

1197   Paragraph 36(b)

Omit "chairman", substitute "chair".

Snowy Mountains Hydro-electric Power Act 1949

1198   At the end of subsection 7(2)

Add:

Note:   Subject to section 26, the Commonwealth Authorities and Companies Act 1997 applies to the Authority. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1199   After section 11

Insert:

11A   Disclosure of Commissioner's interests

    If the Commissioner has a material personal interest in a matter that the Authority is considering or is about to consider, he or she must give written notice of the interest to the Minister.

1200   At the end of section 13

Add:

  ; or (f)   if the Commissioner contravenes section 11A without reasonable excuse.

1201   Section 26

Repeal the section, substitute:

26   Application of the Commonwealth Authorities and Companies Act 1997

  (1)   The Commonwealth Authorities and Companies Act 1997 (except section   21) applies to the Authority as if:

  (a)   the Authority were a body corporate; and

  (b)   the Commissioner were a director of the Authority for the purposes of that Act.

  (2)   For the purposes of the application of that Act to the Authority, the following persons are not directors of the Authority:

  (a)   Associate Commissioners;

  (b)   members of the Snowy Mountains Council referred to in clause 17 of the Agreement, except the Commissioner.

1202   Subsection 30(1)

Omit "63E of the Audit Act 1901 ", substitute "19 of the Commonwealth Authorities and Companies Act 1997 ".

1203   Section 30A

Repeal the section.

1204   Subsections 31(2), (3) and (4)

Repeal the subsections, substitute:

  (2)   Subsection (1) does not apply to investments of surplus money of the Authority under section 19 of the Commonwealth Authorities and Companies Act 1997 .

1205   Sections 32 and 32A

Repeal the sections.

1206   Subclauses 17(2) and 18(1) and (2) of Schedule 1

Omit "Chairman" (wherever occurring), substitute "Chair".

Special Broadcasting Service Act 1991

1207   At the end of subsection 5(1)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the SBS. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1208   At the end of section 13

Add:

  (2)   The Minister may notify the Directors of general policies of the Commonwealth Government under section 28 of the Commonwealth Authorities and Companies Act 1997 . However, the Minister must not notify the Directors of general policies that would affect the content or scheduling of programs.

Note:   The heading to section 13 is replaced by the heading " Limits on Government directions to SBS ".

1209   Subparagraph 27(2)(c)(ii)

Omit "43", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1210   Paragraph 37(2)(d)

Omit "or 43", substitute "of this Act or section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1211   Subsection 40(2)

Omit "43(2)", substitute "21(3) of the Commonwealth Authorities and Companies Act 1997 ".

1212   Section 43

Repeal the section.

1213   At the end of subsection 52(2)

Add:

Note:   Section 15 of the Commonwealth Authorities and Companies Act 1997 requires Directors to notify the Minister of significant business activities and arrangements.

1214   Subsection 52(3)

Repeal the subsection.

1215   Subsections 58(2) and 58(3)

Repeal the subsections, substitute:

  (2)   Subsection (1) does not prevent investment of surplus money of the SBS under section 18 of the Commonwealth Authorities and Companies Act 1997 .

Note:   The heading to section 58 is altered by omitting " and investment ".

1216   Section 66

Repeal the section.

1217   Section 69

Repeal the section.

1218   Section 73

Omit "Board must include in each report prepared under section 63M of the Audit Act 1901 , as that section applies to the SBS because of section   69 of this Act", substitute "Directors must include in each report on the SBS under section 9 of the Commonwealth Authorities and Companies Act 1997 ".

States Grants (Primary and Secondary Education Assistance) Act 1992

1219   Subsection 115(2)

Omit "section 50 of the Audit Act 1901 ", substitute " section 55 of the Financial Management and Accountability Act 1997 ".

States Grants (Schools Assistance) Act 1984

1220   Subsection 87(2)

Omit "section 50 of the Audit Act 1901 ", substitute " section 55 of the Financial Management and Accountability Act 1997 ".

States Grants (Schools Assistance) Act 1988

1221   Subsection 48(2)

Omit "section 50 of the Audit Act 1901 ", substitute " section 55 of the Financial Management and Accountability Act 1997 ".

States Grants (TAFE Assistance) Act 1989

1222   Subsection 26(2)

Omit "section 49 or 50 of the Audit Act 1901 ", substitute " section 54 or 55 of the Financial Management and Accountability Act 1997 ".

Stevedoring Industry Finance Committee Act 1977

1223   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Committee. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1224   Section 17

Repeal the section.

1225   At the end of section 18

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Committee under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1226   Section 28

Repeal the section.

Student and Youth Assistance Act 1973

1227   Subsection 3(1) (definition of Fund )

Repeal the definition.

1228   Subsection 3(1)

Insert:

"Reserve" means the Students (Financial Supplement) Reserve established by section 12M.

1229   Section 12M

Repeal the section, substitute:

12M   Students (Financial Supplement) Reserve

  (1)   This subsection establishes a reserve called the Students (Financial Supplement) Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

1230   Subsection 12N(2)

Omit "Any amount", substitute "An amount equal to any amount".

1231   Subsection 12N(2)

Omit "is to be paid into the Fund", substitute "is to be paid into the Reserve out of the Consolidated Revenue Fund".

1232   Paragraph 12N(2)(a)

Omit "Fund" (wherever occurring), substitute "Reserve".

1233   Subsection 12N(3)

Omit "Fund" (wherever occurring), substitute "Reserve".

1234   Paragraph 56(f)

Omit "Fund", substitute "Reserve".

Superannuation Act 1976

1235   At the end of section 27B

Add:

  (4)   The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

1236   Paragraph 41(2)(e)

Repeal the paragraph, substitute:

  (e)   to open and maintain accounts with banks.

1237   At the end of section 41

Add:

  (9)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

1238   Section 44

Repeal the section, substitute:

44   Accounting records

  (1)   The Board must keep proper accounts and records of the Fund's transactions and affairs in accordance with the accounting principles generally applied in commercial practice.

  (2)   The Board must do all things necessary to ensure that:

  (a)   all payments out of the Fund are correctly made and properly authorised; and

  (b)   adequate control is maintained over the assets of the Fund and over the incurring of liabilities by the Board in respect of the Fund.

  (3)   If a requirement of this section is contravened, each member of the Board who intentionally:

  (a)   caused the contravention; or

  (b)   failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;

is guilty of an offence.

Penalty for contravention of subsection (3):   Imprisonment for 6 months.

44A   Audit

  (1)   At least once a year, the Auditor - General must:

  (a)   inspect and audit:

  (i)   the accounts and records of the Fund's financial transactions; and

  (ii)   the records relating to assets of the Fund; and

  (b)   report to the Minister the results of the inspection and audit.

  (2)   The Auditor - General may, however, decide to dispense with all or any part of the detailed inspection and audit of the accounts and records.

  (3)   The Auditor - General must, as soon as practicable, report to the Minister any irregularity disclosed by the inspection and audit that the Auditor - General thinks is sufficiently important to be reported.

Note:   For the information-gathering powers of the Auditor - General, see Part   5 of the Auditor - General Act 1997 .

1239   Section 170 (definition of authorized person )

Omit "Chairman" (wherever occurring), substitute "Chair".

Superannuation Act 1990

1240   At the end of section 21

Add:

  (4)   The Board is not a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 .

1241   Section 27

Repeal the section, substitute:

27   Banking

  (1)   The Board must pay all money received by it in respect of the PSS Fund into an account maintained by it with a bank.

  (2)   In this section:

"bank" has the same meaning as it has in the Commonwealth Authorities and Companies Act 1997 .

27A   Accounting records

  (1)   The Board must keep proper accounts and records of the PSS Fund's transactions and affairs in accordance with the accounting principles generally applied in commercial practice.

  (2)   The Board must do all things necessary to ensure that:

  (a)   all payments out of the PSS Fund are correctly made and properly authorised; and

  (b)   adequate control is maintained over the assets of the PSS Fund and over the incurring of liabilities by the Board in respect of the PSS Fund.

  (3)   If a requirement of this section is contravened, each member of the Board who intentionally:

  (a)   caused the contravention; or

  (b)   failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;

is guilty of an offence.

Penalty for contravention of subsection (3):   Imprisonment for 6 months.

27B   Audit

  (1)   At least once a year, the Auditor - General must:

  (a)   inspect and audit:

  (i)   the accounts and records of the PSS Fund's financial transactions; and

  (ii)   the records relating to assets of the PSS Fund; and

  (b)   report to the Minister the results of the inspection and audit.

  (2)   The Auditor - General may, however, decide to dispense with all or any part of the detailed inspection and audit of the accounts and records.

  (3)   The Auditor - General must, as soon as practicable, report to the Minister any irregularity disclosed by the inspection and audit that the Auditor - General thinks is sufficiently important to be reported.

Note:   For the information-gathering powers of the Auditor - General, see Part   5 of the Auditor - General Act 1997 .

Superannuation Industry (Supervision) Act 1993

1242   Section 234

Repeal the section, substitute:

234   Superannuation Protection Reserve

  (1)   This subsection establishes a reserve called the Superannuation Protection Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   So far as practicable, money in the Reserve that is not required for the purpose of making payments out of the Reserve must be invested under section 39 of the Financial Management and Accountability Act 1997 .

  (4)   If income is received by the Commonwealth from the investment of money from the Reserve, an amount equal to the income must be transferred to the Reserve from the Consolidated Revenue Fund.

1243   Paragraph 235(1)(b)

Omit "Superannuation Protection Account", substitute "Reserve".

1244   Section 236

Omit "Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 236 is altered by omitting " Account " and substituting " Reserve ".

1245   Section 237

Omit "Account" (wherever occurring), substitute "Reserve".

Note:   The heading to section 237 is altered by omitting " Account " and substituting " Reserve ".

Surplus Revenue Act 1908

1246   Section 5

Repeal the section.

Taxation (Interest on Overpayments and Early Payments) Act 1983

1247   Subsection 3(3)

Repeal the subsection.

Telstra Corporation Act 1991

1248   Subsections 36(1) and (2)

Repeal the subsections.

Note:   The heading to section 36 is replaced by the heading " Audit ".

Therapeutic Goods Act 1989

1249   Section 45

Repeal the section, substitute:

45   Therapeutic Goods Administration Reserve

  (1)   This subsection establishes a reserve called the Therapeutic Goods Administration Reserve.

  (2)   The Reserve is a component of the Reserved Money Fund.

  (3)   Money standing to the credit of the Therapeutic Goods Administration Trust Account immediately before the commencement of the Audit (Transitional and Miscellaneous) Amendment Act 1997 must be transferred to the Reserve.

  (4)   There must be transferred to the Reserve from the Consolidated Revenue Fund:

  (a)   money appropriated by the Parliament for the purposes of the Reserve; and

  (b)   amounts equal to amounts received by the Commonwealth by way of annual registration charge, annual listing charge and annual licensing charge; and

  (c)   amounts equal to interest received by the Commonwealth from the investment of money from the Reserve; and

  (d)   amounts equal to money received by the Commonwealth in relation to property paid for with money from the Reserve; and

  (e)   amounts equal to money received by the Commonwealth for services provided or to be provided, by or on behalf of the Commonwealth, using money from the Reserve (including amounts received by way of fees payable under the regulations); and

  (f)   amounts equal to donations for the furtherance of a purpose of the Reserve that are received by the Commonwealth; and

  (g)   amounts equal to receipts relating to the recovery of debts (other than debts in respect of statutory fines and penalties) by the Commonwealth that are associated with expenditure of money from the Reserve.

  (5)   The purposes of the Reserve are to make payments:

  (a)   to further the objects of this Act (as set out in section 4); and

  (b)   to enable the Commonwealth to participate in the international harmonisation of regulatory controls on therapeutic goods and other related activities.

Tobacco Marketing Act 1965

1250   Section 4 (definition of approved bank )

Repeal the definition.

1251   Section 4 (definition of the Auditor - General )

Repeal the definition.

1252   Section 4 (definitions of Chairman and Deputy Chairman )

Omit "Chairman" (wherever occurring), substitute "Chair".

1253   At the end of subsection 5(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Committee. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers. ".

1254   After section 5

Insert:

5A   Committee's financial year starts on 1 January

    For the purposes of the Commonwealth Authorities and Companies Act 1997 , the Committee's financial year is a period of 12 months starting on 1 January.

1255   Section 7 and subsections 8(5) and 10(2), (3), (4) and (5)

Omit "Chairman" (wherever occurring), substitute "Chair".

1256   Section 20

Repeal the section.

1257   At the end of section 21

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Committee under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1258   Sections 22, 23, 24 and 26

Repeal the sections.

1259   Section 28

Omit "Chairman" (wherever occurring), substitute "Chair".

Trade Practices Act 1974

1260   Section 20

Repeal the section.

University of Canberra Act 1989

1261   At the end of subsection 4(3)

Add:

Note:   Subject to section 4A, the Commonwealth Authorities and Companies Act 1997 applies to the University. That Act deals with matters relating to Commonwealth authorities , including reporting and accountability, banking and investment, and conduct of officers.

1262   After section 4

Insert:

4A   Modification of the Commonwealth Authorities and Companies Act 1997

  (1)   Sections 14 and 28 of the Commonwealth Authorities and Companies Act 1997 do not apply to the University.

  (2)   Nothing in section 16 of the Commonwealth Authorities and Companies Act 1997 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.

4B   University's financial year starts on 1 January

    For the purposes of the Commonwealth Authorities and Companies Act 1997 , the University's financial year is a period of 12 months starting on 1 January.

1263   Paragraph 7(2)(n)

Repeal the paragraph.

1264   Subsection 7(3)

After "this Act", insert "or the Commonwealth Authorities and Companies Act 1997 ".

1265   Section 14

Repeal the section.

1266   Paragraph 15(1)(e)

Omit "subsection 14(1)", substitute " section 21 of the Commonwealth Authorities and Companies Act 1997 ".

1267   At the end of section 33

Add:

  (2)   Subsection (1) does not prevent the investment of surplus money of the University under section 18 of the Commonwealth Authorities and Companies Act 1997 .

1268   Sections 35, 36, 37 and 39

Repeal the sections.

1269   Subsection 40(1)

After "this Act" (first occurring), insert "or the Commonwealth Authorities and Companies Act 1997 ".

1270   Subparagraph 40(2)(e)(iii)

Repeal the subparagraph, substitute:

  (iii)   disclosure of pecuniary interests at meetings of the Board; and

Vocational Education and Training Funding Act 1992

1271   Subsection 13(2)

Omit "section 49 of the Audit Act 1901 ", substitute " section 54 of the Financial Management and Accountability Act 1997 ".

Wheat Marketing Act 1989

1272   Subsection 3(1) (definition of Board auditor )

Repeal the definition.

1273   At the end of subsection 4(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to the Board. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1274   At the end of section 8

Add:

  (4)   This section does not affect the application of section 28 of the Commonwealth Authorities and Companies Act 1997 in relation to the Board.

1275   Section 11

Omit "89(5)", substitute "9(3) of the Commonwealth Authorities and Companies Act 1997 ".

1276   Subsection 15(13)

Repeal the subsection.

1277   At the end of section 15

Add:

Note:   For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1278   Subsection 16(8)

Repeal the subsection.

1279   At the end of section 16

Add:

Note:   For the manner in which the Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901 .

1280   Subparagraph 20(2)(a)(ii)

Omit "21", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1281   Subsections 21(1), (2) and (3)

Repeal the subsections.

1282   Subsection 21(4)

Omit "This section does not apply to a pecuniary", substitute "Section   21 of the Commonwealth Authorities and Companies Act 1997 does not apply to a material personal".

1283   Subsections 67(1), (2) and (3)

Repeal the subsections.

Note:   The heading to section 67 is replaced by the heading " Accounting for dealings in wheat ".

1284   Subsections 67(5), (6) and (7)

Repeal the subsections.

1285   Section 68

Repeal the section.

1286   At the end of section 69

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of the Board under subsection 19(3) of the Commonwealth Authorities and Companies Act 1997 .

1287   Subsection 70(1)

Repeal the subsection, substitute:

  (1)   Subsection 19(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to pool funds.

Note:   The heading to section 70 is altered by adding at the end " of pool funds ".

1288   Subsections 70(3) and (4)

Repeal the subsections, substitute:

  (3)   Pool funds not immediately required for the purposes of the Board may be invested in the ways described in subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 .

1289   After section 88

Insert:

88A   Board's financial year starts on 1 October

    For the purposes of the Commonwealth Authorities and Companies Act 1997 , the Board's financial year is a period of 12 months starting on 1 October.

1290   Subsections 89(1) and (2)

Repeal the subsections.

1291   Subsection 89(3)

Omit "Without limiting the generality of subsection (1), the Board shall include in each report under that subsection", substitute "In each report on the Board under section 9 of the Commonwealth Authorities and Companies Act 1997 , the members must include".

1292   Subsection 89(4)

Omit "referred to in subsection (1)", substitute "for the Board that are referred to in clauses 1 and 2 of the Schedule to the Commonwealth Authorities and Companies Act 1997 ".

1293   Subsections 89(5) and (6)

Repeal the subsections.

1294   Subsection 93(11)

Repeal the subsection.

Wool International Act 1993

1295   At the end of subsection 7(2)

Add:

Note:   The Commonwealth Authorities and Companies Act 1997 applies to Wool International. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.

1296   Section 25

Repeal the section, substitute:

25   Situations that do not amount to interests requiring disclosure

    For the purposes of section 21 of the Commonwealth Authorities and Companies Act 1997 , a member is not taken to have a material personal interest in a matter being considered or about to be considered by Wool International merely because the member is a wool producer, a wool processor or a manufacturer of wool products.

1297   Paragraph 28(2)(c)

Omit "25", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1298   Paragraph 36(3)(c)

Omit "25", substitute "21 of the Commonwealth Authorities and Companies Act 1997 ".

1299   At the end of section 49

Add:

  (2)   Subsection (1) does not prevent investment of surplus money of Wool International under section 19 of the Commonwealth Authorities and Companies Act 1997 .

1300   Subsection 50(1)

Repeal the subsection.

1301   Subsection 55(1)

Omit "with a bank or banks", substitute "maintained under subsection   19(2) of the Commonwealth Authorities and Companies Act 1997 ".

1302   Subsection 55(2)

Repeal the subsection.

1303   Section 56

Repeal the section.

1304   Part 8

Repeal the Part.

1305   Section 67

Repeal the section, substitute:

67   Extra matters to be included in annual report

    The annual report on Wool International under section 9 of the Commonwealth Authorities and Companies Act 1997 must also include such particulars (if any) as are prescribed.



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