{"id":"C2004A04817","name":"AeroSpace Technologies of Australia Limited Sale Act 1994","slug":"aerospace-technologies-of-australia-limited-sale-act-1994","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"144 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38675,"registerId":"commonwealth-C2004A04817-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the AeroSpace Technologies of Australia Limited Sale Act 1994.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) The following provisions of this Act are taken to have commenced on 12 October 1994:\n (a) this Part;\n (b) sections 7, 8, 9, 10 and 11;\n (c) Divisions 2 and 3 of Part 2;\n (d) Part 3.\n (2) The remaining provisions of this Act commence on the ASTA sale day.\n (3) If a provision of this Act does not commence within the period of 2 years beginning on the day on which this Act receives the Royal Assent, the provision is taken to have been repealed at the end of that period.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> ASTA means the body corporate known before the ASTA sale day as AeroSpace Technologies of Australia Limited:\n\n (a) by whatever name called from time to time; and\n (b) in whatever form that body corporate takes from time to time.\n\n> ASTA body means ASTA or an ASTA subsidiary.\n\n> ASTA sale day means the day declared under section 5.\n\n> ASTA subsidiary means a body corporate that:\n\n (a) is a subsidiary of ASTA; or\n (b) was a subsidiary of ASTA on 12 October 1994.\n\n> employee includes apprentice.\n\n> sale day, in relation to an ASTA body, means:\n\n (a) if:\n (i) the body is an ASTA subsidiary; and\n (ii) a day is declared under section 6 to be the sale day for the subsidiary;\n the day declared under that section; or\n (b) in any other case—the ASTA sale day.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> subsidiary has the meaning given by section 4.\n\n> voting share has the same meaning as in the Corporations Act 2001.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Subsidiaries","content":"#### 4 Subsidiaries\n\n For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"ASTA sale day","content":"#### 5 ASTA sale day\n\n (1) This section applies to a day if:\n (a) the day is after the day (the assent day) on which this Act receives the Royal Assent; and\n (b) the day is before the end of the period of 2 years beginning on the assent day; and\n (c) in the opinion of the Minister, the day is the first day after the assent day on which a majority of the voting shares in ASTA are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the ASTA sale day.\n (3) The notice must be published within 14 days after the day concerned.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"ASTA subsidiary sale day","content":"#### 6 ASTA subsidiary sale day\n\n (1) This section applies to a day and a particular ASTA subsidiary if:\n (a) the day is before the ASTA sale day; and\n (b) the day is before the end of the period of 2 years beginning on the day on which this Act receives the Royal Assent; and\n (c) in the opinion of the Minister, the day is the first day after 12 October 1994 on which a majority of the voting shares in the subsidiary are acquired by a person, or persons, other than:\n (i) ASTA or a nominee of ASTA; or\n (ii) the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the sale day for the subsidiary.\n (3) The notice must be published within 14 days after the day concerned.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Superannuation","content":"An Act relating to the sale of AeroSpace Technologies of Australia Limited, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the AeroSpace Technologies of Australia Limited Sale Act 1994.\n\n#### 2 Commencement\n\n (1) The following provisions of this Act are taken to have commenced on 12 October 1994:\n (a) this Part;\n (b) sections 7, 8, 9, 10 and 11;\n (c) Divisions 2 and 3 of Part 2;\n (d) Part 3.\n (2) The remaining provisions of this Act commence on the ASTA sale day.\n (3) If a provision of this Act does not commence within the period of 2 years beginning on the day on which this Act receives the Royal Assent, the provision is taken to have been repealed at the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> ASTA means the body corporate known before the ASTA sale day as AeroSpace Technologies of Australia Limited:\n\n (a) by whatever name called from time to time; and\n (b) in whatever form that body corporate takes from time to time.\n\n> ASTA body means ASTA or an ASTA subsidiary.\n\n> ASTA sale day means the day declared under section 5.\n\n> ASTA subsidiary means a body corporate that:\n\n (a) is a subsidiary of ASTA; or\n (b) was a subsidiary of ASTA on 12 October 1994.\n\n> employee includes apprentice.\n\n> sale day, in relation to an ASTA body, means:\n\n (a) if:\n (i) the body is an ASTA subsidiary; and\n (ii) a day is declared under section 6 to be the sale day for the subsidiary;\n the day declared under that section; or\n (b) in any other case—the ASTA sale day.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> subsidiary has the meaning given by section 4.\n\n> voting share has the same meaning as in the Corporations Act 2001.\n\n#### 4 Subsidiaries\n\n For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.\n\n#### 5 ASTA sale day\n\n (1) This section applies to a day if:\n (a) the day is after the day (the assent day) on which this Act receives the Royal Assent; and\n (b) the day is before the end of the period of 2 years beginning on the assent day; and\n (c) in the opinion of the Minister, the day is the first day after the assent day on which a majority of the voting shares in ASTA are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the ASTA sale day.\n (3) The notice must be published within 14 days after the day concerned.\n\n#### 6 ASTA subsidiary sale day\n\n (1) This section applies to a day and a particular ASTA subsidiary if:\n (a) the day is before the ASTA sale day; and\n (b) the day is before the end of the period of 2 years beginning on the day on which this Act receives the Royal Assent; and\n (c) in the opinion of the Minister, the day is the first day after 12 October 1994 on which a majority of the voting shares in the subsidiary are acquired by a person, or persons, other than:\n (i) ASTA or a nominee of ASTA; or\n (ii) the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the sale day for the subsidiary.\n (3) The notice must be published within 14 days after the day concerned.\n\n## Part 2—Superannuation\n\n### Division 1—Superannuation schemes\n\n#### 7 Deferred benefits under the Superannuation Act 1922\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 8 Deferred benefits under the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under Division 3 of Part IX of the Superannuation Act 1976.\n (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 9 Period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 10 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973.\n (2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n\n#### 11 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 12 Application of the Superannuation Act 1976\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 13 Application of the Superannuation Act 1990\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 2—The Crimes (Superannuation Benefits) Act 1989\n\n#### 14 Continuing application of the Crimes (Superannuation Benefits) Act 1989\n\n Continuing application of Act\n (1) Subject to subsection (2), if a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee, then, on and after the body’s sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the body continued to be a Commonwealth authority.\n Limitation on superannuation orders\n (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ASTA body on or after the body’s sale day.\n Superannuation schemes\n (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ASTA body on or after the body’s sale day is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the body’s sale day.\n Paragraph 19(3)(d) orders\n (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an ASTA body, an order made under that paragraph on or after the body’s sale day may only specify that an amount paid to the Commonwealth before the body’s sale day by or on behalf of the body belongs to the Commonwealth.\n Paragraph 19(4)(b) orders\n (5) If:\n (a) a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee; and\n (b) the person was paid benefits before, on or after the body’s sale day out of the Consolidated Revenue Fund;\n then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph on or after the body’s sale day may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n Interpretation\n (6) Unless the contrary intention appears, an expression used in this section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.\n\n### Division 3—The Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n#### 15 An ASTA body is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n Eligible body notice\n (1) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be an eligible body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Relevant body notice\n (2) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Application to subsidiaries\n (3) This section does not apply to an ASTA subsidiary unless the subsidiary ceased to be a Commonwealth authority on the subsidiary’s sale day.\n Amendment or revocation of notice\n (4) Subsections (1) and (2) do not prevent a declaration affected by either of those subsections from being amended or revoked by the Minister.\n Definitions\n (5) In this section:\n\n> Commonwealth authority means a company covered by paragraph (a), (b) or (c) of the definition of relevant body in subsection 3(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n## Part 3—Prosecutions\n\n#### 16 Continuing application of the Director of Public Prosecutions Act 1983\n\n If the Director of Public Prosecutions Act 1983 ceases to apply to particular acts, omissions or proceedings in connection with an ASTA body on the body’s sale day because the body ceases to be an authority of the Commonwealth for the purposes of that Act on that day, then, despite that cessation, that Act continues to apply in relation to:\n (a) acts or omissions that occurred in relation to the body before the body’s sale day; and\n (b) civil remedies connected with, or arising out of, a prosecution that relates to acts or omissions referred to in paragraph (a).\n\n## Part 4—ASTA not to be an agency of the Commonwealth etc.\n\n#### 17 ASTA not to be an agency of the Commonwealth etc\n\n (1) On and after the ASTA sale day, ASTA is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n unless a law expressly provides otherwise.\n (2) In subsection (1):\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n## Part 5—Regulations connected with the sale of ASTA\n\n#### 18 Regulations connected with the sale of ASTA\n\n (1) Subsection 48(2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n (a) are connected with the sale of ASTA; and\n (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of ASTA; and\n (c) are expressed to take effect on the ASTA sale day.\n (2) Regulations covered by subsection (1) take effect on the ASTA sale day.\n\n## Part 6—Cessation Of Mobility Rights\n\n#### 19 Cessation of mobility rights\n\n (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then that Division stops applying to the employee on the ASTA sale day.\n (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then:\n (a) the Officers’ Rights Declaration Act 1928; and\n (b) Division 4 of Part IV of the Public Service Act 1922;\n stop applying to the employee on the ASTA sale day.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Superannuation schemes","content":"An Act relating to the sale of AeroSpace Technologies of Australia Limited, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the AeroSpace Technologies of Australia Limited Sale Act 1994.\n\n#### 2 Commencement\n\n (1) The following provisions of this Act are taken to have commenced on 12 October 1994:\n (a) this Part;\n (b) sections 7, 8, 9, 10 and 11;\n (c) Divisions 2 and 3 of Part 2;\n (d) Part 3.\n (2) The remaining provisions of this Act commence on the ASTA sale day.\n (3) If a provision of this Act does not commence within the period of 2 years beginning on the day on which this Act receives the Royal Assent, the provision is taken to have been repealed at the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> ASTA means the body corporate known before the ASTA sale day as AeroSpace Technologies of Australia Limited:\n\n (a) by whatever name called from time to time; and\n (b) in whatever form that body corporate takes from time to time.\n\n> ASTA body means ASTA or an ASTA subsidiary.\n\n> ASTA sale day means the day declared under section 5.\n\n> ASTA subsidiary means a body corporate that:\n\n (a) is a subsidiary of ASTA; or\n (b) was a subsidiary of ASTA on 12 October 1994.\n\n> employee includes apprentice.\n\n> sale day, in relation to an ASTA body, means:\n\n (a) if:\n (i) the body is an ASTA subsidiary; and\n (ii) a day is declared under section 6 to be the sale day for the subsidiary;\n the day declared under that section; or\n (b) in any other case—the ASTA sale day.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> subsidiary has the meaning given by section 4.\n\n> voting share has the same meaning as in the Corporations Act 2001.\n\n#### 4 Subsidiaries\n\n For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.\n\n#### 5 ASTA sale day\n\n (1) This section applies to a day if:\n (a) the day is after the day (the assent day) on which this Act receives the Royal Assent; and\n (b) the day is before the end of the period of 2 years beginning on the assent day; and\n (c) in the opinion of the Minister, the day is the first day after the assent day on which a majority of the voting shares in ASTA are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the ASTA sale day.\n (3) The notice must be published within 14 days after the day concerned.\n\n#### 6 ASTA subsidiary sale day\n\n (1) This section applies to a day and a particular ASTA subsidiary if:\n (a) the day is before the ASTA sale day; and\n (b) the day is before the end of the period of 2 years beginning on the day on which this Act receives the Royal Assent; and\n (c) in the opinion of the Minister, the day is the first day after 12 October 1994 on which a majority of the voting shares in the subsidiary are acquired by a person, or persons, other than:\n (i) ASTA or a nominee of ASTA; or\n (ii) the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the sale day for the subsidiary.\n (3) The notice must be published within 14 days after the day concerned.\n\n## Part 2—Superannuation\n\n### Division 1—Superannuation schemes\n\n#### 7 Deferred benefits under the Superannuation Act 1922\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 8 Deferred benefits under the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under Division 3 of Part IX of the Superannuation Act 1976.\n (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 9 Period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 10 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973.\n (2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n\n#### 11 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 12 Application of the Superannuation Act 1976\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 13 Application of the Superannuation Act 1990\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 2—The Crimes (Superannuation Benefits) Act 1989\n\n#### 14 Continuing application of the Crimes (Superannuation Benefits) Act 1989\n\n Continuing application of Act\n (1) Subject to subsection (2), if a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee, then, on and after the body’s sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the body continued to be a Commonwealth authority.\n Limitation on superannuation orders\n (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ASTA body on or after the body’s sale day.\n Superannuation schemes\n (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ASTA body on or after the body’s sale day is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the body’s sale day.\n Paragraph 19(3)(d) orders\n (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an ASTA body, an order made under that paragraph on or after the body’s sale day may only specify that an amount paid to the Commonwealth before the body’s sale day by or on behalf of the body belongs to the Commonwealth.\n Paragraph 19(4)(b) orders\n (5) If:\n (a) a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee; and\n (b) the person was paid benefits before, on or after the body’s sale day out of the Consolidated Revenue Fund;\n then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph on or after the body’s sale day may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n Interpretation\n (6) Unless the contrary intention appears, an expression used in this section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.\n\n### Division 3—The Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n#### 15 An ASTA body is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n Eligible body notice\n (1) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be an eligible body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Relevant body notice\n (2) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Application to subsidiaries\n (3) This section does not apply to an ASTA subsidiary unless the subsidiary ceased to be a Commonwealth authority on the subsidiary’s sale day.\n Amendment or revocation of notice\n (4) Subsections (1) and (2) do not prevent a declaration affected by either of those subsections from being amended or revoked by the Minister.\n Definitions\n (5) In this section:\n\n> Commonwealth authority means a company covered by paragraph (a), (b) or (c) of the definition of relevant body in subsection 3(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n## Part 3—Prosecutions\n\n#### 16 Continuing application of the Director of Public Prosecutions Act 1983\n\n If the Director of Public Prosecutions Act 1983 ceases to apply to particular acts, omissions or proceedings in connection with an ASTA body on the body’s sale day because the body ceases to be an authority of the Commonwealth for the purposes of that Act on that day, then, despite that cessation, that Act continues to apply in relation to:\n (a) acts or omissions that occurred in relation to the body before the body’s sale day; and\n (b) civil remedies connected with, or arising out of, a prosecution that relates to acts or omissions referred to in paragraph (a).\n\n## Part 4—ASTA not to be an agency of the Commonwealth etc.\n\n#### 17 ASTA not to be an agency of the Commonwealth etc\n\n (1) On and after the ASTA sale day, ASTA is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n unless a law expressly provides otherwise.\n (2) In subsection (1):\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n## Part 5—Regulations connected with the sale of ASTA\n\n#### 18 Regulations connected with the sale of ASTA\n\n (1) Subsection 48(2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n (a) are connected with the sale of ASTA; and\n (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of ASTA; and\n (c) are expressed to take effect on the ASTA sale day.\n (2) Regulations covered by subsection (1) take effect on the ASTA sale day.\n\n## Part 6—Cessation Of Mobility Rights\n\n#### 19 Cessation of mobility rights\n\n (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then that Division stops applying to the employee on the ASTA sale day.\n (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then:\n (a) the Officers’ Rights Declaration Act 1928; and\n (b) Division 4 of Part IV of the Public Service Act 1922;\n stop applying to the employee on the ASTA sale day.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Deferred benefits under the Superannuation Act 1922","content":"#### 7 Deferred benefits under the Superannuation Act 1922\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Deferred benefits under the Superannuation Act 1976","content":"#### 8 Deferred benefits under the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under Division 3 of Part IX of the Superannuation Act 1976.\n (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976","content":"#### 9 Period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973","content":"#### 10 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973.\n (2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973","content":"#### 11 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Application of the Superannuation Act 1976","content":"#### 12 Application of the Superannuation Act 1976\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1976.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Application of the Superannuation Act 1990","content":"#### 13 Application of the Superannuation Act 1990\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1990.","sortOrder":15},{"sectionNumber":"Division 2","sectionType":"division","heading":"The Crimes (Superannuation Benefits) Act 1989","content":"An Act relating to the sale of AeroSpace Technologies of Australia Limited, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the AeroSpace Technologies of Australia Limited Sale Act 1994.\n\n#### 2 Commencement\n\n (1) The following provisions of this Act are taken to have commenced on 12 October 1994:\n (a) this Part;\n (b) sections 7, 8, 9, 10 and 11;\n (c) Divisions 2 and 3 of Part 2;\n (d) Part 3.\n (2) The remaining provisions of this Act commence on the ASTA sale day.\n (3) If a provision of this Act does not commence within the period of 2 years beginning on the day on which this Act receives the Royal Assent, the provision is taken to have been repealed at the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> ASTA means the body corporate known before the ASTA sale day as AeroSpace Technologies of Australia Limited:\n\n (a) by whatever name called from time to time; and\n (b) in whatever form that body corporate takes from time to time.\n\n> ASTA body means ASTA or an ASTA subsidiary.\n\n> ASTA sale day means the day declared under section 5.\n\n> ASTA subsidiary means a body corporate that:\n\n (a) is a subsidiary of ASTA; or\n (b) was a subsidiary of ASTA on 12 October 1994.\n\n> employee includes apprentice.\n\n> sale day, in relation to an ASTA body, means:\n\n (a) if:\n (i) the body is an ASTA subsidiary; and\n (ii) a day is declared under section 6 to be the sale day for the subsidiary;\n the day declared under that section; or\n (b) in any other case—the ASTA sale day.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> subsidiary has the meaning given by section 4.\n\n> voting share has the same meaning as in the Corporations Act 2001.\n\n#### 4 Subsidiaries\n\n For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.\n\n#### 5 ASTA sale day\n\n (1) This section applies to a day if:\n (a) the day is after the day (the assent day) on which this Act receives the Royal Assent; and\n (b) the day is before the end of the period of 2 years beginning on the assent day; and\n (c) in the opinion of the Minister, the day is the first day after the assent day on which a majority of the voting shares in ASTA are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the ASTA sale day.\n (3) The notice must be published within 14 days after the day concerned.\n\n#### 6 ASTA subsidiary sale day\n\n (1) This section applies to a day and a particular ASTA subsidiary if:\n (a) the day is before the ASTA sale day; and\n (b) the day is before the end of the period of 2 years beginning on the day on which this Act receives the Royal Assent; and\n (c) in the opinion of the Minister, the day is the first day after 12 October 1994 on which a majority of the voting shares in the subsidiary are acquired by a person, or persons, other than:\n (i) ASTA or a nominee of ASTA; or\n (ii) the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the sale day for the subsidiary.\n (3) The notice must be published within 14 days after the day concerned.\n\n## Part 2—Superannuation\n\n### Division 1—Superannuation schemes\n\n#### 7 Deferred benefits under the Superannuation Act 1922\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 8 Deferred benefits under the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under Division 3 of Part IX of the Superannuation Act 1976.\n (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 9 Period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 10 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973.\n (2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n\n#### 11 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 12 Application of the Superannuation Act 1976\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 13 Application of the Superannuation Act 1990\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 2—The Crimes (Superannuation Benefits) Act 1989\n\n#### 14 Continuing application of the Crimes (Superannuation Benefits) Act 1989\n\n Continuing application of Act\n (1) Subject to subsection (2), if a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee, then, on and after the body’s sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the body continued to be a Commonwealth authority.\n Limitation on superannuation orders\n (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ASTA body on or after the body’s sale day.\n Superannuation schemes\n (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ASTA body on or after the body’s sale day is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the body’s sale day.\n Paragraph 19(3)(d) orders\n (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an ASTA body, an order made under that paragraph on or after the body’s sale day may only specify that an amount paid to the Commonwealth before the body’s sale day by or on behalf of the body belongs to the Commonwealth.\n Paragraph 19(4)(b) orders\n (5) If:\n (a) a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee; and\n (b) the person was paid benefits before, on or after the body’s sale day out of the Consolidated Revenue Fund;\n then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph on or after the body’s sale day may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n Interpretation\n (6) Unless the contrary intention appears, an expression used in this section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.\n\n### Division 3—The Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n#### 15 An ASTA body is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n Eligible body notice\n (1) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be an eligible body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Relevant body notice\n (2) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Application to subsidiaries\n (3) This section does not apply to an ASTA subsidiary unless the subsidiary ceased to be a Commonwealth authority on the subsidiary’s sale day.\n Amendment or revocation of notice\n (4) Subsections (1) and (2) do not prevent a declaration affected by either of those subsections from being amended or revoked by the Minister.\n Definitions\n (5) In this section:\n\n> Commonwealth authority means a company covered by paragraph (a), (b) or (c) of the definition of relevant body in subsection 3(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n## Part 3—Prosecutions\n\n#### 16 Continuing application of the Director of Public Prosecutions Act 1983\n\n If the Director of Public Prosecutions Act 1983 ceases to apply to particular acts, omissions or proceedings in connection with an ASTA body on the body’s sale day because the body ceases to be an authority of the Commonwealth for the purposes of that Act on that day, then, despite that cessation, that Act continues to apply in relation to:\n (a) acts or omissions that occurred in relation to the body before the body’s sale day; and\n (b) civil remedies connected with, or arising out of, a prosecution that relates to acts or omissions referred to in paragraph (a).\n\n## Part 4—ASTA not to be an agency of the Commonwealth etc.\n\n#### 17 ASTA not to be an agency of the Commonwealth etc\n\n (1) On and after the ASTA sale day, ASTA is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n unless a law expressly provides otherwise.\n (2) In subsection (1):\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n## Part 5—Regulations connected with the sale of ASTA\n\n#### 18 Regulations connected with the sale of ASTA\n\n (1) Subsection 48(2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n (a) are connected with the sale of ASTA; and\n (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of ASTA; and\n (c) are expressed to take effect on the ASTA sale day.\n (2) Regulations covered by subsection (1) take effect on the ASTA sale day.\n\n## Part 6—Cessation Of Mobility Rights\n\n#### 19 Cessation of mobility rights\n\n (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then that Division stops applying to the employee on the ASTA sale day.\n (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then:\n (a) the Officers’ Rights Declaration Act 1928; and\n (b) Division 4 of Part IV of the Public Service Act 1922;\n stop applying to the employee on the ASTA sale day.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Continuing application of the Crimes (Superannuation Benefits) Act 1989","content":"#### 14 Continuing application of the Crimes (Superannuation Benefits) Act 1989\n\n Continuing application of Act\n (1) Subject to subsection (2), if a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee, then, on and after the body’s sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the body continued to be a Commonwealth authority.\n Limitation on superannuation orders\n (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ASTA body on or after the body’s sale day.\n Superannuation schemes\n (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ASTA body on or after the body’s sale day is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the body’s sale day.\n Paragraph 19(3)(d) orders\n (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an ASTA body, an order made under that paragraph on or after the body’s sale day may only specify that an amount paid to the Commonwealth before the body’s sale day by or on behalf of the body belongs to the Commonwealth.\n Paragraph 19(4)(b) orders\n (5) If:\n (a) a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee; and\n (b) the person was paid benefits before, on or after the body’s sale day out of the Consolidated Revenue Fund;\n then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph on or after the body’s sale day may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n Interpretation\n (6) Unless the contrary intention appears, an expression used in this section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":"The Superannuation Benefits (Supervisory Mechanisms) Act 1990","content":"An Act relating to the sale of AeroSpace Technologies of Australia Limited, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the AeroSpace Technologies of Australia Limited Sale Act 1994.\n\n#### 2 Commencement\n\n (1) The following provisions of this Act are taken to have commenced on 12 October 1994:\n (a) this Part;\n (b) sections 7, 8, 9, 10 and 11;\n (c) Divisions 2 and 3 of Part 2;\n (d) Part 3.\n (2) The remaining provisions of this Act commence on the ASTA sale day.\n (3) If a provision of this Act does not commence within the period of 2 years beginning on the day on which this Act receives the Royal Assent, the provision is taken to have been repealed at the end of that period.\n\n#### 3 Definitions\n\n In this Act, unless the contrary intention appears:\n\n> ASTA means the body corporate known before the ASTA sale day as AeroSpace Technologies of Australia Limited:\n\n (a) by whatever name called from time to time; and\n (b) in whatever form that body corporate takes from time to time.\n\n> ASTA body means ASTA or an ASTA subsidiary.\n\n> ASTA sale day means the day declared under section 5.\n\n> ASTA subsidiary means a body corporate that:\n\n (a) is a subsidiary of ASTA; or\n (b) was a subsidiary of ASTA on 12 October 1994.\n\n> employee includes apprentice.\n\n> sale day, in relation to an ASTA body, means:\n\n (a) if:\n (i) the body is an ASTA subsidiary; and\n (ii) a day is declared under section 6 to be the sale day for the subsidiary;\n the day declared under that section; or\n (b) in any other case—the ASTA sale day.\n\n> share, in relation to a body corporate, means a share in the body’s share capital.\n\n> subsidiary has the meaning given by section 4.\n\n> voting share has the same meaning as in the Corporations Act 2001.\n\n#### 4 Subsidiaries\n\n For the purposes of this Act, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as that question is determined under the Corporations Act 2001.\n\n#### 5 ASTA sale day\n\n (1) This section applies to a day if:\n (a) the day is after the day (the assent day) on which this Act receives the Royal Assent; and\n (b) the day is before the end of the period of 2 years beginning on the assent day; and\n (c) in the opinion of the Minister, the day is the first day after the assent day on which a majority of the voting shares in ASTA are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the ASTA sale day.\n (3) The notice must be published within 14 days after the day concerned.\n\n#### 6 ASTA subsidiary sale day\n\n (1) This section applies to a day and a particular ASTA subsidiary if:\n (a) the day is before the ASTA sale day; and\n (b) the day is before the end of the period of 2 years beginning on the day on which this Act receives the Royal Assent; and\n (c) in the opinion of the Minister, the day is the first day after 12 October 1994 on which a majority of the voting shares in the subsidiary are acquired by a person, or persons, other than:\n (i) ASTA or a nominee of ASTA; or\n (ii) the Commonwealth or a nominee of the Commonwealth.\n (2) The Minister must, by notice in the Gazette, declare the day to be the sale day for the subsidiary.\n (3) The notice must be published within 14 days after the day concerned.\n\n## Part 2—Superannuation\n\n### Division 1—Superannuation schemes\n\n#### 7 Deferred benefits under the Superannuation Act 1922\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 119W of the Superannuation Act 1922.\n (2) For the purposes of Division 3 of Part XA of the Superannuation Act 1922, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part XA of the Superannuation Act 1922.\n\n#### 8 Deferred benefits under the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under Division 3 of Part IX of the Superannuation Act 1976.\n (2) For the purposes of Division 3 of Part IX of the Superannuation Act 1976, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Superannuation Act 1976.\n\n#### 9 Period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Superannuation Act 1976 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 10 Deferred benefits under the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, an employee of the body was a person to whom deferred benefits were applicable under section 78 of the Defence Force Retirement and Death Benefits Act 1973.\n (2) For the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973, the employee is taken to continue in public employment, on and after the body’s sale day, while the employee continues to be employed by any of the following:\n (a) the body;\n (b) if:\n (i) the body is a subsidiary of a particular body corporate (the parent entity); and\n (ii) another ASTA body is a subsidiary of the parent entity;\n the other ASTA body.\n (3) This section is subject to Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n\n#### 11 Period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973\n\n (1) This section applies in relation to an ASTA body if, immediately before the body’s sale day, a particular period of employment of a person by the body was a period of eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973.\n (2) If employment by the body ceases to be eligible employment for the purposes of Division 3 of Part IX of the Defence Force Retirement and Death Benefits Act 1973 on the body’s sale day, then, despite that cessation, the period of employment continues to be a period of eligible employment for the purposes of that Division.\n\n#### 12 Application of the Superannuation Act 1976\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1976.\n\n#### 13 Application of the Superannuation Act 1990\n\n On and after the ASTA sale day, ASTA is not an approved authority for the purposes of the Superannuation Act 1990.\n\n### Division 2—The Crimes (Superannuation Benefits) Act 1989\n\n#### 14 Continuing application of the Crimes (Superannuation Benefits) Act 1989\n\n Continuing application of Act\n (1) Subject to subsection (2), if a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee, then, on and after the body’s sale day, the Crimes (Superannuation Benefits) Act 1989 continues to apply in relation to the person in respect of the offence as if the body continued to be a Commonwealth authority.\n Limitation on superannuation orders\n (2) A superannuation order may not be made under the Crimes (Superannuation Benefits) Act 1989 in relation to employer contributions or benefits paid or payable to a superannuation scheme by an ASTA body on or after the body’s sale day.\n Superannuation schemes\n (3) A superannuation scheme in relation to which employer contributions or benefits are paid or payable by an ASTA body on or after the body’s sale day is not a superannuation scheme for the purposes of the application of the Crimes (Superannuation Benefits) Act 1989 to a corruption offence committed by a person after the body’s sale day.\n Paragraph 19(3)(d) orders\n (4) Despite paragraph 19(3)(d) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to an ASTA body, an order made under that paragraph on or after the body’s sale day may only specify that an amount paid to the Commonwealth before the body’s sale day by or on behalf of the body belongs to the Commonwealth.\n Paragraph 19(4)(b) orders\n (5) If:\n (a) a person who was an employee of an ASTA body before the body’s sale day committed a corruption offence while such an employee; and\n (b) the person was paid benefits before, on or after the body’s sale day out of the Consolidated Revenue Fund;\n then, despite paragraph 19(4)(b) of the Crimes (Superannuation Benefits) Act 1989, for the purposes of the application of that Act to the corruption offence, an order made under that paragraph on or after the body’s sale day may only specify that an amount equal to the total benefits paid out of the Consolidated Revenue Fund be paid to the Commonwealth.\n Interpretation\n (6) Unless the contrary intention appears, an expression used in this section that is also used in the Crimes (Superannuation Benefits) Act 1989 has the same meaning in this section as it has in that Act.\n\n### Division 3—The Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n#### 15 An ASTA body is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n Eligible body notice\n (1) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be an eligible body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Relevant body notice\n (2) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Application to subsidiaries\n (3) This section does not apply to an ASTA subsidiary unless the subsidiary ceased to be a Commonwealth authority on the subsidiary’s sale day.\n Amendment or revocation of notice\n (4) Subsections (1) and (2) do not prevent a declaration affected by either of those subsections from being amended or revoked by the Minister.\n Definitions\n (5) In this section:\n\n> Commonwealth authority means a company covered by paragraph (a), (b) or (c) of the definition of relevant body in subsection 3(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n## Part 3—Prosecutions\n\n#### 16 Continuing application of the Director of Public Prosecutions Act 1983\n\n If the Director of Public Prosecutions Act 1983 ceases to apply to particular acts, omissions or proceedings in connection with an ASTA body on the body’s sale day because the body ceases to be an authority of the Commonwealth for the purposes of that Act on that day, then, despite that cessation, that Act continues to apply in relation to:\n (a) acts or omissions that occurred in relation to the body before the body’s sale day; and\n (b) civil remedies connected with, or arising out of, a prosecution that relates to acts or omissions referred to in paragraph (a).\n\n## Part 4—ASTA not to be an agency of the Commonwealth etc.\n\n#### 17 ASTA not to be an agency of the Commonwealth etc\n\n (1) On and after the ASTA sale day, ASTA is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n unless a law expressly provides otherwise.\n (2) In subsection (1):\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.\n\n## Part 5—Regulations connected with the sale of ASTA\n\n#### 18 Regulations connected with the sale of ASTA\n\n (1) Subsection 48(2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n (a) are connected with the sale of ASTA; and\n (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of ASTA; and\n (c) are expressed to take effect on the ASTA sale day.\n (2) Regulations covered by subsection (1) take effect on the ASTA sale day.\n\n## Part 6—Cessation Of Mobility Rights\n\n#### 19 Cessation of mobility rights\n\n (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then that Division stops applying to the employee on the ASTA sale day.\n (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then:\n (a) the Officers’ Rights Declaration Act 1928; and\n (b) Division 4 of Part IV of the Public Service Act 1922;\n stop applying to the employee on the ASTA sale day.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"An ASTA body is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990","content":"#### 15 An ASTA body is not to be an eligible or relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990\n\n Eligible body notice\n (1) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be an eligible body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Relevant body notice\n (2) A notice published in the Gazette before an ASTA body’s sale day that declares the body to be a relevant body for the purposes of the Superannuation Benefits (Supervisory Mechanisms) Act 1990 has effect, on and after the body’s sale day, as if the notice did not contain a reference to the body.\n Application to subsidiaries\n (3) This section does not apply to an ASTA subsidiary unless the subsidiary ceased to be a Commonwealth authority on the subsidiary’s sale day.\n Amendment or revocation of notice\n (4) Subsections (1) and (2) do not prevent a declaration affected by either of those subsections from being amended or revoked by the Minister.\n Definitions\n (5) In this section:\n\n> Commonwealth authority means a company covered by paragraph (a), (b) or (c) of the definition of relevant body in subsection 3(1) of the Superannuation Benefits (Supervisory Mechanisms) Act 1990.\n\n> Minister has the same meaning as in the Superannuation Benefits (Supervisory Mechanisms) Act 1990.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Prosecutions","content":"## Part 3—Prosecutions","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Continuing application of the Director of Public Prosecutions Act 1983","content":"#### 16 Continuing application of the Director of Public Prosecutions Act 1983\n\n If the Director of Public Prosecutions Act 1983 ceases to apply to particular acts, omissions or proceedings in connection with an ASTA body on the body’s sale day because the body ceases to be an authority of the Commonwealth for the purposes of that Act on that day, then, despite that cessation, that Act continues to apply in relation to:\n (a) acts or omissions that occurred in relation to the body before the body’s sale day; and\n (b) civil remedies connected with, or arising out of, a prosecution that relates to acts or omissions referred to in paragraph (a).","sortOrder":21},{"sectionNumber":"Part 4","sectionType":"part","heading":"ASTA not to be an agency of the Commonwealth etc.","content":"## Part 4—ASTA not to be an agency of the Commonwealth etc.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"ASTA not to be an agency of the Commonwealth etc","content":"#### 17 ASTA not to be an agency of the Commonwealth etc\n\n (1) On and after the ASTA sale day, ASTA is not taken, for the purposes of a law, to be:\n (a) a Commonwealth authority; or\n (b) established for a public purpose or for a purpose of the Commonwealth; or\n (c) a public authority or an agency or instrumentality of the Crown;\n unless a law expressly provides otherwise.\n (2) In subsection (1):\n\n> law means:\n\n (a) an Act of the Commonwealth or of a State or Territory; or\n (b) regulations or any other instrument made under such an Act.","sortOrder":23},{"sectionNumber":"Part 5","sectionType":"part","heading":"Regulations connected with the sale of ASTA","content":"## Part 5—Regulations connected with the sale of ASTA","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Regulations connected with the sale of ASTA","content":"#### 18 Regulations connected with the sale of ASTA\n\n (1) Subsection 48(2) of the Acts Interpretation Act 1901 does not apply to regulations made under any Act that:\n (a) are connected with the sale of ASTA; and\n (b) include a declaration that the Governor‑General is satisfied that they are connected with the sale of ASTA; and\n (c) are expressed to take effect on the ASTA sale day.\n (2) Regulations covered by subsection (1) take effect on the ASTA sale day.","sortOrder":25},{"sectionNumber":"Part 6","sectionType":"part","heading":"Cessation Of Mobility Rights","content":"## Part 6—Cessation Of Mobility Rights","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Cessation of mobility rights","content":"#### 19 Cessation of mobility rights\n\n (1) If Division 2 or 3 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then that Division stops applying to the employee on the ASTA sale day.\n (2) If Division 4 of Part IV of the Public Service Act 1922 applied to an employee of ASTA immediately before the ASTA sale day, then:\n (a) the Officers’ Rights Declaration Act 1928; and\n (b) Division 4 of Part IV of the Public Service Act 1922;\n stop applying to the employee on the ASTA sale day.","sortOrder":27}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3 (definition of ASTA)","severity":"medium","reasoning":"The definition of ASTA relies on the ASTA sale day to delimit its temporal scope ('known before the ASTA sale day'), yet the ASTA sale day is defined by reference to ASTA's shares (section 5). This creates a bootstrapping problem: to determine when the ASTA sale day is, you must identify ASTA; but to identify ASTA fully, you need the ASTA sale day. While practically workable (ASTA's identity as AeroSpace Technologies of Australia Limited is historically known), the logical structure is circuitous.","confidence":0.72,"description":"The definition of ASTA contains a near-circular temporal dependency: ASTA is defined as 'the body corporate known before the ASTA sale day as AeroSpace Technologies of Australia Limited', but 'ASTA sale day' is itself defined by reference to ASTA (the day on which a majority of voting shares in ASTA are acquired). You must know what ASTA is to find the ASTA sale day, but the definition of ASTA itself references the ASTA sale day."},{"type":"retroactive_impossibility","section":"2(1) and 2(2)","severity":"medium","reasoning":"Sections 7–11 are taken to have commenced on 12 October 1994, before the Act received Royal Assent. Their operative effect depends on 'the body's sale day', which itself depends on the ASTA sale day declared under section 5. Section 5 is among the 'remaining provisions' under s2(2) that only commence on the ASTA sale day. So sections 7–11 are active before the mechanism that gives them meaning has commenced.","confidence":0.78,"description":"Sections 7–11 are listed in section 2(1) as commencing on 12 October 1994 (retrospectively), yet those sections apply 'in relation to an ASTA body' with operative effect tied to 'the body's sale day', which is defined in section 2(2) as commencing on the ASTA sale day. The provisions that define the operative trigger (sale day) had not yet commenced when sections 7–11 are deemed to have commenced, creating a situation where provisions operate with reference to a concept that did not legally exist at their deemed commencement date."},{"type":"self_contradicting","section":"2(3)","severity":"medium","reasoning":"Section 2(1)(a) says 'this Part' (Part 1, Preliminary) commences on 12 October 1994. Section 2(3) says any provision not commencing within 2 years is 'taken to have been repealed'. Since Part 1 does commence within that period, it is not directly caught. However, the 'remaining provisions' under s2(2) that commence on the ASTA sale day could be repealed under s2(3) if no sale day is declared. The repeal of foundational sections like section 5 (which defines the ASTA sale day mechanism) would eliminate the mechanism by which the ASTA sale day is ever declared, making the repeal self-reinforcing.","confidence":0.65,"description":"The self-repeal provision in section 2(3) creates an absurdity: if a provision is 'taken to have been repealed' at the end of the 2-year period, including potentially Part 1 (Preliminary) itself (which commenced on 12 October 1994 under s2(1)(a)), this could theoretically repeal the definitions, commencement rules, and other foundational provisions if the ASTA sale day never occurred — destroying the interpretive framework of the entire Act retroactively."},{"type":"impossible_compliance","section":"6(1)(a)","severity":"medium","reasoning":"The Minister must declare a subsidiary sale day for a day that satisfies s6(1)(a) — that it is before the ASTA sale day. But the ASTA sale day is only declared prospectively under s5. At the time of issuing a subsidiary sale day notice, the ASTA sale day may not yet have been declared, so the Minister cannot verify the condition precedent of s6(1)(a) is satisfied. If the ASTA sale day subsequently turns out to be the same as or earlier than the declared subsidiary sale day, the declaration would have been invalid ab initio.","confidence":0.7,"description":"Section 6 (ASTA subsidiary sale day) requires that the relevant day be 'before the ASTA sale day', but the ASTA sale day under section 5 may not yet be declared or known. The Minister must declare a subsidiary sale day that is before an event (ASTA sale day) that has not yet occurred and may never occur, making it impossible to confirm compliance with this condition at the time of the declaration."},{"type":"self_contradicting","section":"14(1) and 14(3)","severity":"low","reasoning":"The legal fiction in s14(1) is that the ASTA body remains a Commonwealth authority. But s14(3) carves out post-sale superannuation schemes from the Act's coverage, meaning the deemed Commonwealth authority status is hollow for its most practically relevant application — protecting superannuation entitlements accrued post-sale. The fiction is simultaneously asserted and negated within the same section.","confidence":0.68,"description":"Section 14(1) deems an ASTA body to 'continue to be a Commonwealth authority' for the purposes of the Crimes (Superannuation Benefits) Act 1989, but section 14(3) simultaneously excludes post-sale-day superannuation schemes from qualifying as superannuation schemes under the same Act. This creates a partial legal fiction: the body is deemed a Commonwealth authority, but its actual post-sale superannuation arrangements are not recognised as superannuation schemes under that same Act — undermining the coherence of the fiction."}],"contradictions":[{"severity":"medium","section_a":"2(1)(a) — Part 1 commences 12 October 1994","section_b":"3 (definition of ASTA sale day) and 5 — ASTA sale day declared after Royal Assent","confidence":0.75,"description":"Part 1 (including the definition of 'ASTA sale day' in section 3 and the mechanism for its declaration in section 5) is taken to have commenced on 12 October 1994. However, section 5(1)(a) requires the ASTA sale day to be 'after the day on which this Act receives the Royal Assent'. If Royal Assent was granted after 12 October 1994, then sections 3 and 5 were deemed operative before the assent day they themselves reference, creating a temporal inconsistency in the Act's own foundational chronology."},{"severity":"low","section_a":"14(1) — ASTA body deemed to continue as Commonwealth authority","section_b":"17(1) — ASTA not to be taken as a Commonwealth authority on and after the ASTA sale day","confidence":0.62,"description":"Section 14(1) deems an ASTA body to continue to be a Commonwealth authority (for Crimes (Superannuation Benefits) Act 1989 purposes) on and after the sale day, while section 17(1) provides that on and after the ASTA sale day, ASTA is not taken to be a Commonwealth authority for any law. Although s14 is Act-specific and s17 contains a carve-out for laws that 'expressly provide otherwise', it is not clear that s14 constitutes an express provision within the meaning of s17(1)'s exception, generating interpretive tension."},{"severity":"low","section_a":"2(1)(c) — Divisions 2 and 3 of Part 2 commence 12 October 1994","section_b":"2(2) — Remaining provisions commence on the ASTA sale day","confidence":0.8,"description":"Division 1 of Part 2 (sections 12 and 13, which deal with the Superannuation Acts 1976 and 1990) is not listed in section 2(1) and therefore falls under section 2(2) as commencing on the ASTA sale day. However, sections 7–11 (also in Part 2, Division 1) are expressly listed under s2(1)(b) as commencing 12 October 1994. This means Division 1 of Part 2 has a split commencement: sections 7–11 commence retrospectively while sections 12–13 commence on the ASTA sale day, creating an incoherent Part with two operative dates."},{"severity":"medium","section_a":"6(1)(c) — Subsidiary sale day must be first day after 12 October 1994 of majority acquisition","section_b":"5(1)(c) — ASTA sale day must be first day after assent day of majority acquisition","confidence":0.73,"description":"The ASTA sale day uses the assent day as the starting reference point (s5(1)(c)), while the ASTA subsidiary sale day uses 12 October 1994 as the starting reference point (s6(1)(c)). If Royal Assent was granted after 12 October 1994, a subsidiary could theoretically have its sale day triggered on a date between 12 October 1994 and the assent day — a period during which the Act did not yet exist. This is inconsistent with the Act's own commencement structure."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: facilitating the sale of ASTA and managing the transition consequences. The scope covers the expected elements of a privatisation statute—superannuation protection, removal of Commonwealth status, and transitional provisions—without significant expansion beyond the sale event itself."},"complexity_factors":["Multiple cross-references to external Acts (Superannuation Act 1922, Superannuation Act 1976, Superannuation Act 1990, Defence Force Retirement and Death Benefits Act 1973, Crimes (Superannuation Benefits) Act 1989, Superannuation Benefits (Supervisory Mechanisms) Act 1990, Director of Public Prosecutions Act 1983, Public Service Act 1922, Corporations Act 2001)","Conditional commencement provisions with a 2-year sunset clause (section 2(3))","Nested definitions requiring tracking of 'ASTA body', 'ASTA subsidiary', and 'sale day' across different entities","Complex superannuation preservation mechanics involving 'deferred benefits' and 'eligible employment' concepts imported from other legislation","Multiple temporal triggers (12 October 1994, Royal Assent date, ASTA sale day, subsidiary sale day)"],"plain_english_summary":"This legislation facilitates the privatisation of AeroSpace Technologies of Australia Limited (ASTA), a government-owned aerospace company, by setting out the legal framework for its sale and managing the transition of employees from public to private sector employment.\n\n**What it does:**\n- **Defines the sale trigger**: The \"ASTA sale day\" is declared by the Minister when a majority of voting shares are acquired by non-government buyers (section 5). A similar process applies to subsidiaries (section 6).\n- **Protects employee superannuation**: Ensures that ASTA employees who had deferred benefits under various Commonwealth superannuation schemes (Superannuation Acts 1922 and 1976, Defence Force Retirement and Death Benefits Act 1973) continue to be treated as public employees for superannuation purposes if they remain employed by ASTA or related entities after the sale (sections 7–11).\n- **Removes Commonwealth status**: After the sale, ASTA is no longer considered a Commonwealth authority, public authority, or government agency unless another law explicitly says otherwise (section 17).\n- **Ends public service mobility rights**: Employees lose their rights to transfer to other Commonwealth public service positions after the sale (section 19).\n- **Preserves prosecution powers**: The Director of Public Prosecutions can still pursue criminal charges for acts committed before the sale (section 16).\n- **Limits corruption penalties**: Modifies how the Crimes (Superannuation Benefits) Act 1989 applies to ASTA employees who committed corruption offences, restricting penalties to benefits paid before the sale or from the Consolidated Revenue Fund (section 14).\n\n**Who it affects:**\n- ASTA employees, particularly those with Commonwealth superannuation entitlements\n- The Minister responsible for declaring the sale day\n- Future private owners of ASTA\n- Commonwealth prosecutors handling pre-sale misconduct\n\n**Why it matters:**\nThis Act represents a typical 1990s Australian privatisation statute, balancing the government's desire to sell state-owned enterprises with protections for workers' retirement benefits and ensuring accountability for past misconduct. It ensures that employees don't lose their accrued superannuation rights when their employer moves from public to private ownership, while cleanly severing ASTA's legal ties to the Commonwealth."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: managing the legal transition of ASTA from Commonwealth ownership to private hands, with particular attention to protecting employee superannuation entitlements and ensuring accountability for pre-sale conduct. There is no evidence of scope creep beyond these transitional matters."},"complexity_factors":["Cross-references to at least six other Acts (Superannuation Act 1922, Superannuation Act 1976, Superannuation Act 1990, Defence Force Retirement and Death Benefits Act 1973, Crimes (Superannuation Benefits) Act 1989, Superannuation Benefits (Supervisory Mechanisms) Act 1990, Director of Public Prosecutions Act 1983, Public Service Act 1922, Officers' Rights Declaration Act 1928)","Multiple trigger dates with different legal consequences (assent day, 12 October 1994, ASTA sale day, subsidiary sale days)","Staggered and conditional commencement provisions with automatic repeal mechanism if sale doesn't occur within 2 years","Different rules for ASTA versus its subsidiaries, requiring readers to track which entity they're dealing with","Superannuation provisions require understanding of now-outdated Commonwealth super scheme structures","The source document contains significant structural duplication (sections repeated multiple times), making navigation confusing","Nuanced carve-outs within sections (e.g. corruption rules that apply pre-sale but not post-sale, with further sub-distinctions about types of orders)"],"plain_english_summary":"This Act made the 1994 privatisation of AeroSpace Technologies of Australia Limited legally tidy by transferring ASTA out of Commonwealth ownership and ending its public-body status. It chiefly preserved government superannuation rights for former ASTA employees and apprentices — treating them as if still in public service for legacy schemes — and kept pre‑sale corruption accountability in force.\n\nIt also removed public‑service mobility rights for staff and allowed regulations to commence immediately on the sale day."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"No. The Act is narrowly framed to manage transitional legal effects of ASTA’s sale: it preserves certain deferred superannuation and prosecution continuity for employees while removing ASTA’s status as a Commonwealth authority and related supervisory/regulatory attachments on the declared sale day (see ss 5–19). It confines changes to ASTA and its defined subsidiaries and does not purport to broaden Commonwealth powers beyond the specified transitional and exclusionary measures."},"complexity_factors":["Multiple cross‑references to several external statutes (Superannuation Acts 1922, 1976, 1990; Defence Force Retirement and Death Benefits Act 1973; Crimes (Superannuation Benefits) Act 1989; Corporations Act 2001; Director of Public Prosecutions Act 1983) increase interpretive complexity (see ss 7–16, 17).","Ministerial opinion‑based triggers for commencement and subsidiary sale days create administrative discretion and timing uncertainty (ss 5–6).","Transitional rules preserve some employee entitlements while removing statutory statuses (approved authority, eligible/relevant body, mobility rights), producing tension between continuity and cessation (ss 7–13, 15, 17, 19).","Statutory limits on orders and recoveries under the Crimes (Superannuation Benefits) Act restrict remedies after sale day, requiring careful mapping of pre‑ and post‑sale payments (s 14(2)–(5)).","Regulations can be made to take effect on the sale day by a Governor‑General declaration and are exempted from a usual Acts Interpretation provision, which raises timing and legislative drafting complexity (s 18).","Commencement window and automatic repeal if not commenced within two years add temporal constraints affecting implementation (s 2(2)–(3))."],"plain_english_summary":"This Act sets the legal consequences of selling AeroSpace Technologies of Australia Limited (ASTA). On the minister‑declared ‘ASTA sale day’ ASTA (and certain subsidiaries) cease to be Commonwealth authorities; specified employee superannuation rights and prosecution continuity are preserved as transitional protections; and various Commonwealth supervisory regimes and mobility rights stop applying (see ss 5–19). The Minister decides the sale day by reference to who acquires a majority of voting shares; that declaration triggers commencement and changes who pays and which laws apply."}},"importantCases":[],"_links":{"self":"/api/acts/aerospace-technologies-of-australia-limited-sale-act-1994","history":"/api/acts/aerospace-technologies-of-australia-limited-sale-act-1994/history","analysis":"/api/acts/aerospace-technologies-of-australia-limited-sale-act-1994/analysis","conflicts":"/api/acts/aerospace-technologies-of-australia-limited-sale-act-1994/conflicts","importantCases":"/api/acts/aerospace-technologies-of-australia-limited-sale-act-1994/important-cases","documents":"/api/acts/aerospace-technologies-of-australia-limited-sale-act-1994/documents"}}