Commonwealth Consolidated Acts Commonwealth Consolidated ActsCommonwealth Authorities and Companies Act 1997
1 The whole of the Act
Part 2 -- Transitional and application provisions
2 Continuing application of certain provisions
(1) Despite the repeal of the provisions of the CAC Act referred to in subitem ( 1A), those provisions continue to apply after the commencement time in relation to reporting periods that:
(a) commenced before 1 July 2014; and
(b) either:
(i) ended on 30 June 2014; or
(ii) had not ended on 30 June 2014.
(1A) For subitem ( 1), the provisions of the CAC Act are as follows:
(a) section 9 (which deals with directors preparing annual reports);
(b) section 10 (which deals with modified requirements for a Commonwealth authority's first year of existence);
(c) section 12 (which deals with auditing a relevant subsidiary's financial statements);
(d) section 14 (which deals with estimates);
(e) section 36 (which deals with annual reports for Commonwealth companies);
(f) section 37 (which deals with auditing relevant subsidiary's financial statements);
(g) section 39 (which deals with estimates);
(h) Schedule 1 (which deals with annual report for Commonwealth authorities).
(2) Despite the repeal of section 11 of the CAC Act (which deals with the contravention of annual report rules by directors), that section continues to apply after the commencement time in relation to a contravention of a reporting rule that occurs after that time.
3 Responsible Minister to be notified of significant events
Despite the repeal of sections 15 and 40 of the CAC Act (which deal with notifying the responsible Minister of significant events), those sections continue to apply after the commencement time in relation to decisions made before that time.
4 Keeping responsible Minister and Finance Minister informed
Despite the repeal of sections 16 and 41 of the CAC Act (which deal with keeping the responsible Minister and Finance Minister informed), those sections continue to apply after the commencement time in relation to:
(a) operations that occur before that time; and
(b) requirements to provide reports, documents or information made before that time.
5 Corporate plan for GBE
Despite the repeal of sections 17 and 42 of the CAC Act (which deal with corporate plans for GBEs), those sections continue to apply after the commencement time in relation to the first reporting period that commences at or after that time.
6 Banking and investment
(1) Despite the repeal of subsections 18(2) and 19(2) of the CAC Act (which deal with banking and investment), those subsections continue to apply after the commencement time in relation to money received before that time.
(2) Surplus money that, immediately before the commencement time, is invested under section 18 or 19 of the CAC Act (which deals with banking and investment) is taken, after that time, to be relevant money invested under, and in accordance with, section 59 of the PGPA Act.
(3) An approval that is in force immediately before the commencement time under paragraph 18(3)(d) of the CAC Act is taken, after that time, to be a written authorisation given under subparagraph 59(1)(b)(iii) of the PGPA Act.
7 Accounting records
Despite the repeal of section 20 of the CAC Act (which deals with accounting records), that section continues to apply after the commencement time in relation to accounting records to which that section applies immediately before the commencement time.
8 Use of position--civil obligations
Despite the repeal of section 24 of the CAC Act (which deals with the use of position), that section continues to apply after the commencement time in relation to an officer or employee of a Commonwealth authority who, before that time, uses his or her position to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time).
9 Use of information--civil obligations
Despite the repeal of section 25 of the CAC Act (which deals with the use of information), that section continues to apply after the commencement time in relation to a person who, before that time, uses information to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time).
10 Disqualification order for contravention of civil penalty provision
Despite the repeal of section 27C of the CAC Act (which deals with disqualification orders for contraventions of civil penalty provisions), that section continues to apply after the commencement time in relation to orders that are in force under that section immediately before that time.
11 Director may give other directors standing notice about an interest
A notice given under section 27F or 27G of the CAC Act (which deals with directors giving notice about interests) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of section 29 of the PGPA Act.
12 Right of access to authority's books
Despite the repeal of section 27L of the CAC Act (which deals with the right of access to authority's books), that section continues to apply after the commencement time in relation to books to which that section applies immediately before that time.
13 Indemnification and exemption of officer
Despite the repeal of section 27M of the CAC Act (which deals with the indemnification and exemption of officers), that section continues to apply after the commencement time in relation to indemnifications that are in force immediately before that time.
14 Insurance for certain liabilities of officers
Despite the repeal of section 27N of the CAC Act (which deals with insurance for certain liabilities of officers), that section continues to apply after the commencement time in relation to contracts for insurance that are in force under that section immediately before that time.
15 Cessation of sections 28 and 43 notifications
Notifications that, immediately before the commencement time, are in force as a result of subitem 71(2) or 72(2) of Schedule 1 to the Commonwealth Authorities and Companies Amendment Act 2008 (which deal with section 28 and 43 notifications) cease to be in force at the commencement time.
17 Continuation of instruments
(1) This item applies if:
(a) an item of this Part continues the operation of a provision of the CAC Act; and
(b) regulations or any other instrument are in force immediately before the commencement time for the purposes of the provision.
(2) The regulations or other instrument are taken, after that time, to continue in force for the purposes of the item.