{"id":"C2013A00072","name":"Australia Council (Consequential and Transitional Provisions) Act 2013","slug":"australia-council-consequential-and-transitional-provisions-act-2013","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"72 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8529,"registerId":"commonwealth-C2013A00072-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australia Council (Consequential and Transitional Provisions) Act 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nAustralia Council (Consequential and Transitional Provisions) Act 2013\n\n \n\nNo. 72, 2013\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the Australia Council Act 2013, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Repeal\n\nAustralia Council Act 1975\n\nSchedule 2—Transitional provisions\n\nPart 1—Introduction\n\nPart 2—The Council\n\nPart 3—Effect of the Council transition\n\nPart 4—Reporting obligations\n\nPart 5—Miscellaneous\n\n \n\n![](image.001.png)\n\n \n\n \n\nAustralia Council (Consequential and Transitional Provisions) Act 2013\n\nNo. 72, 2013\n\n \n\n \n\n \n\nAn Act to deal with consequential and transitional matters in connection with the Australia Council Act 2013, and for related purposes\n\n[Assented to 27 June 2013]\n\n \n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Australia Council (Consequential and Transitional Provisions) Act 2013.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provision(s) Commencement Date/Details\n- 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 27 June 2013\n- 2. Schedule 1 At the same time as section 3 of the Australia Council Act 2013 commences. 1 July 2013\n- 3. Schedule 2 The later of:(a) the day this Act receives the Royal Assent; and(b) the day the Australia Council Act 2013 receives the Royal Assent.However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. 27 June 2013\n\n\nNote:  This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedule(s)\n\n  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Repeal\n\n \n\nAustralia Council Act 1975\n\n1  The whole of the Act\n\nRepeal the Act.\n\nSchedule 2—Transitional provisions\n\nPart 1—Introduction\n\n1  Definitions\n\nIn this Schedule:\n\nasset means:\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\n (b) any right, power, privilege or immunity, whether actual, contingent or prospective.\n\ncontinued Council means the Australia Council as continued in existence after the transition time.\n\nNote: Section 7 of the new Act provides for the Australia Council to continue in existence.\n\nCouncil transition means the transition from the old Council to the continued Council.\n\ninstrument includes an Act and any instrument made under an Act.\n\nliability means any liability, duty or obligation, whether actual, contingent or prospective.\n\nnew Act means the Australia Council Act 2013.\n\nnew Board means the Board of the Australia Council established by section 14 of the new Act.\n\nold Act means the Australia Council Act 1975, including regulations and other instruments made under that Act.\n\nold Council means the Australia Council as established and in existence before the transition time.\n\nNote: The Australia Council was established by section 4 of the old Act.\n\ntransition time means the commencement of section 3 of the new Act.\n\nPart 2—The Council\n\n2  Continuation of appointments of Chairperson and Deputy Chairperson\n\nChairperson\n\n(1) Subitem (2) applies to the person who, immediately before the transition time, holds office as the Chairperson of the old Council.\n\n(2) The instrument appointing the person to that office has effect, after the transition time, as if it were an instrument made by the Minister under section 17 of the new Act appointing the person, for the remainder of the period of the person’s appointment to that office, to the office of Chair of the new Board.\n\n(3) A determination, in relation to the Chairperson of the old Council, that is in force immediately before the transition time under the Remuneration Tribunal Act 1973 has effect after the transition time as if it were a determination in relation to the Chair of the new Board.\n\nDeputy Chairperson\n\n(4) Subitem (5) applies to the person who, immediately before the transition time, holds office as the Deputy Chairperson of the old Council.\n\n(5) The instrument appointing the person to that office has effect, after the transition time, as if it were an instrument made by the Minister under section 17 of the new Act appointing the person, for the remainder of the period of the person’s appointment as a member of the old Council, to the office of Deputy Chair of the new Board.\n\n(6) A determination, in relation to the Deputy Chairperson of the old Council, that is in force immediately before the transition time under the Remuneration Tribunal Act 1973 has effect after the transition time as if it were a determination in relation to the Deputy Chair of the new Board.\n\n3  Continuation of appointment of General Manager\n\n(1) Subitem (2) applies to the person who, immediately before the transition time:\n\n (a) holds office as the General Manager of the old Council; or\n\n (b) if no person holds office as referred to in paragraph (a)—is acting as General Manager of the old Council.\n\n(2) The instrument appointing the person to that office, or to act in that office, has effect, after the transition time, as if it were an instrument made by the new Board under section 36 of the new Act appointing the person to act as the Chief Executive Officer of the continued Council until the new Board makes an appointment under section 35 or 36 of the new Act.\n\n(3) A determination, in relation to the General Manager of the old Council, that is in force immediately before the transition time under the Remuneration Tribunal Act 1973 has effect after the transition time as if it were a determination in relation to the Chief Executive Officer of the continued Council.\n\n(4) A determination, in relation to the General Manager of the old Council, that is in force immediately before the transition time under subsection 19A(3) of the old Act has effect after the transition time as if it were a determination under section 42 of the new Act in relation to the Chief Executive Officer of the continued Council.\n\n4  Appointments of other members and officers\n\n(1) This item applies to a person who, immediately before the transition time, holds office as any of the following:\n\n (a) a member of the old Council (other than the Chairperson, the Deputy Chairperson or the General Manager);\n\n (b) a member of a committee established under section 17A of the old Act;\n\n (c) a member of a Board established under section 20 of the old Act.\n\n(2) The person ceases to hold that office at the transition time.\n\n(3) Nothing in this item prevents the person being appointed to an office under the new Act.\n\n5  Periods of appointment as member of old Council\n\nThe reference in paragraph 17(7)(b) of the new Act to periods of previous appointment of a person as an appointed Board member is taken to include any period, before the transition time, during which a person held office as a member of the old Council (other than as a result of subsection 9(4B) of the old Act).\n\n6  Appointments of first members of new Board\n\nSubsection 17(2) of the new Act applies, in relation to a proposed appointment of a member of the new Board before the transition time in accordance with section 4 of the Acts Interpretation Act 1901, as if the first reference to the Chair in that subsection were a reference to the Chairperson of the old Council.\n\nPart 3—Effect of the Council transition\n\n7  Object\n\n(1) The object of this Part is to avoid doubt about the effect of the Council transition on certain matters.\n\n(2) This Part has effect subject to the other provisions of this Schedule.\n\n8  Employees of old Council\n\n(1) The Council transition does not affect the continuity of the employment, or the terms and conditions of employment, of the persons who, immediately before the transition time, are engaged as employees as referred to in section 41 of the old Act.\n\n(2) Those persons are taken, after the transition time, to be employees as referred to in section 43 of the new Act.\n\n9  Assets and liabilities of old Council\n\nAssets and liabilities of the old Council immediately before the transition time continue, after the transition time, to be assets and liabilities of the continued Council (without any conveyance, transfer or assignment).\n\n10  References in instruments to old Council\n\nA reference to the old Council in an instrument that is in force immediately before the transition time has effect, after the transition time, as a reference to the continued Council.\n\n11  Effect of things done by, or in relation to, the old Council\n\nA thing done by, or in relation to, the old Council before the transition time has effect, after the transition time, as if it had been done by, or in relation to, the continued Council.\n\n12  Legal proceedings\n\nIf any proceedings to which the old Council is a party are pending in a court or tribunal immediately before the transition time, the continued Council is, after the transition time, that party to those proceedings.\n\nPart 4—Reporting obligations\n\n13  Final annual report of the old Council\n\n(1) The members of the new Board must prepare a report in accordance with Schedule 1 to the Commonwealth Authorities and Companies Act 1997 for the old Council for the transitional reporting period.\n\n(2) However, the report need not cover a period that has already been covered by a report given to the Minister by the members of the old Council under section 9 of the Commonwealth Authorities and Companies Act 1997.\n\n(3) The report must include the matters described in subsection 38(1) of the old Act as in force immediately before the transition time.\n\n(4) Schedule 1 to the Commonwealth Authorities and Companies Act 1997, and the Finance Minister’s Orders referred to in that Schedule, apply in relation to the report as if:\n\n (a) references in that Schedule, or those Orders, to the directors were references to the members of the new Board; and\n\n (b) references in that Schedule, or those Orders, to an annual report were references to the report; and\n\n (c) references in that Schedule, or those Orders, to a financial year were references to the transitional reporting period.\n\n(5) The members of the new Board must give the report to the Minister by the 15th day of the fourth month after the end of the transitional reporting period. The Minister may grant an extension of time in special circumstances.\n\n(6) The Minister must table the report in each House of the Parliament as soon as practicable.\n\n(7) In this item:\n\ntransitional reporting period means the period beginning at the start of the financial year before the financial year in which the transition time occurs and ending immediately before the transition time.\n\n14  Contravention of final annual reporting requirement\n\n(1) If a final annual reporting requirement is contravened, each member of the new Board who:\n\n (a) caused the contravention; or\n\n (b) failed to take all reasonable steps to comply with the requirement, or secure compliance with the requirement;\n\ncontravenes this subitem.\n\n(2) Schedule 2 to the Commonwealth Authorities and Companies Act 1997 applies in relation to a contravention of subitem (1) of this item as if:\n\n (a) subitem (1) of this item were a civil penalty provision specified in clause 1 of that Schedule; and\n\n (b) subparagraphs 3(1)(b)(i) and (ii), clauses 4 and 5, subclause 6(2) and paragraph 11(c) of that Schedule were omitted; and\n\n (c) the reference to “or a compensation order” in subclause 6(1) were omitted.\n\n(3) If a contravention of a final annual reporting requirement consists of an omission from the financial statements, it is a defence if the defendant proves that the information omitted was immaterial and did not affect the giving of a true and fair view of the matters required by the Finance Minister’s Orders to be included in the statements.\n\n(4) In this item:\n\nfinal annual reporting requirement means subitem 13(1), (3) or (5) of this Schedule.\n\n15  First annual report of the continued Council\n\nThe first report prepared by the members of the new Board for the continued Council in accordance with Schedule 1 to the Commonwealth Authorities and Companies Act 1997 need not cover a period that has already been covered by a report given to the Minister under item 13 of this Schedule.\n\n16  Review of performance in corporate plan\n\nParagraph 45(3)(g) of the new Act does not require a corporate plan to include a review of performance during any period before the first corporate plan comes into effect.\n\nPart 5—Miscellaneous\n\n17  Exemption from stamp duty and other State or Territory taxes\n\n(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.\n\n(2) For the purpose of this item, an exempt matter is the operation of this Schedule in any respect.\n\n(3) The Minister may certify in writing:\n\n (a) that a specified matter is an exempt matter; or\n\n (b) that a specified thing was connected with a specified exempt matter.\n\n(4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.\n\n(5) A certificate made under subitem (3) is not a legislative instrument.\n\n18  Rules\n\n(1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) The rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the repeals or amendments made by this Act; or\n\n (b) the enactment of this Act or the Australia Council Act 2013.\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 20 March 2013\n\nSenate on 17 June 2013]\n\n(84/13)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly confined to consequential and transitional measures required to move from the Australia Council Act 1975 to the Australia Council Act 2013. It repeals the old Act, preserves continuity of key officers, employees, assets, liabilities and legal proceedings, sets out transitional reporting duties, provides a limited tax (stamp duty) exemption for transition-related matters, and authorises transitional rules. Those measures are standard implementation tools and do not expand the substantive scope of the Australia Council’s functions beyond the purpose of effecting the legislative transition."},"complexity_factors":["Short, single-purpose Act focused on transitional matters (two Schedules only)","Schedule 2 contains about 18 items and 5 substantive parts (Introduction, Council, Effect of transition, Reporting, Miscellaneous)","Approximately 8 defined terms in Schedule 2 (asset; continued Council; Council transition; instrument; liability; new Act; new Board; old Act; old Council; transition time)","Several cross-references to other Acts and instruments: Australia Council Act 2013, Australia Council Act 1975, Commonwealth Authorities and Companies Act 1997, Remuneration Tribunal Act 1973, Finance Minister’s Orders, Acts Interpretation Act 1901","Conditional commencement language linking some provisions to commencement of the new Act (commencement table)","Limited nested exceptions in reporting penalty application (item 14 omits certain provisions of Schedule 2 to the Commonwealth Authorities and Companies Act 1997 and preserves a defence for immaterial omissions)","Delegated rule‑making power for transitional matters by legislative instrument (item 18) increases operational detail handled outside the Act"],"plain_english_summary":"**What this law does (mechanically)\n\n- Repeals the old Australia Council Act 1975 and puts in place transitional rules to move from the old statutory body to the new one established by the Australia Council Act 2013 (Schedule 1; Schedule 2).  \n\n- Keeps key office-holders in place immediately after the change so operations are continuous: the Chair and Deputy Chair remain in office for the remainder of their terms but are treated as appointed under the new Act (Schedule 2, items 2 and 2(5)–(6)); the General Manager is treated as the acting Chief Executive Officer until the new Board appoints a CEO (item 3).  \n\n- Ends the tenure of other members, committee members and board members of the old Council at transition time (item 4), but does not prevent those people from being reappointed under the new Act.  \n\n- Treats employees of the old Council as employees of the continued Council so their employment and terms remain continuous (item 8).  \n\n- Transfers all assets, liabilities, contracts, instruments and court proceedings of the old Council to the continued Council automatically — no conveyance, transfer or assignment is needed (items 9–12).  \n\n- Requires the new Board to produce a final transitional annual report for the old Council covering a defined transitional reporting period, and makes the new Board responsible for compliance (item 13).  It prescribes civil-penalty consequences for failures to meet that final reporting duty, with a limited defence for immaterial omissions (item 14).  \n\n- Clarifies reporting and corporate-plan timing for the continued Council so overlapping reporting is avoided (items 15–16).  \n\n- Exempts matters connected with the transition from State and Territory stamp duties and similar taxes; the Minister may certify what is exempt and that certificate is prima facie evidence of the facts stated (item 17).  \n\n- Gives the Minister the power to make transitional rules by legislative instrument to prescribe anything required or convenient for giving effect to the Act, including saving provisions (item 18).\n\nWho is affected\n\n- Current office-holders: Chair, Deputy Chair and General Manager (they continue under the new legal framework for the remainder of their terms) (items 2–3).  \n- Other members, committee members and board members of the old Council (their appointments end at transition; they may be reappointed under the new Act) (item 4).  \n- Employees of the Australia Council (their employment continues under the new Act without interruption) (item 8).  \n- The continued Council as an entity (it inherits assets, liabilities, contracts and any ongoing litigation) (items 9–12).  \n- The new Board (obliged to prepare the transitional final report and subject to civil penalties for breaches) (items 13–14).  \n- State and Territory revenue authorities (the Schedule exempts transition-connected matters from stamp duty and similar taxes) (item 17).  \n\nWhy it matters (purpose statements and practical effects)\n\n- The instrument is a classic transitional schedule: it aims to preserve continuity of agency operations and staff while the legal structure changes, minimise transactional frictions (no need to re-transfer assets or relitigate contractual position), and set clear reporting responsibilities for the handover (Schedule 2 generally; items 8–13).  \n\n- The continuity measures reduce short-term operational risk (contracts remain intact and the entity remains a party to court proceedings) but also centralise decision points: the Minister and the new Board will make the substantive appointments and rule-making decisions under the new Act (items 2–3, 18).  \n\nTrade-offs, costs, incentives and implementation issues (how it changes behaviour and who decides)\n\n- Who decides: the Minister has formal appointment power under the new Act and a delegated rule-making power here (items 2, 18). The new Board must meet reporting duties (item 13).  \n\n- Who pays: exemption from stamp duty shifts immediate transaction costs away from the Council and potential counterparties (item 17); any direct compliance costs of reporting fall on the new Board and the agency.  \n\n- Behavioural effects: continuity of senior office-holders reduces pressure to renegotiate contracts or re‑establish relationships; automatic transfer of assets/liabilities removes incentives to restructure around the transition (items 2–3, 9). The Minister's certificate mechanism (item 17) simplifies proof for tax exemptions but concentrates administrative discretion in the Minister.  \n\n- Compliance burden and sanctions: the new Board must prepare a final transitional report under the Commonwealth Authorities and Companies Act rules (item 13). Civil-penalty provisions apply for contravention, but the Act narrows some penalty remedies (item 14) and allows a defence for immaterial omissions.  \n\n- Subordinate law and discretion: item 18 empowers the Minister to make rules by legislative instrument covering transitional matters. That enables flexible implementation but also delegates significant detail to secondary legislation (and so to later drafting/administration).  \n\n- Opportunity costs and implementation risk: the Schedule avoids transactional costs of formal transfers but relies on accurate certification and administrative processes; missteps in producing or tabling the required transitional report could lead to civil penalties for individual Board members if they caused or failed to prevent contraventions (item 14).  \n\nConcentrated benefits and diffuse costs\n\n- Concentrated beneficiaries: persons and parties with existing contracts or property interests benefit from automatic continuity (items 9–12); senior office-holders get immediate continuity of appointment (items 2–3).  \n- Diffuse costs: State and Territory revenue authorities lose potential stamp duty and tax receipts on transition-connected transactions because of the exemption (item 17).  \n\nImplementation notes\n\n- The Schedule is time‑bound to the moment the new Australia Council Act commences (the Schedule’s commencement table links some provisions to that event).  \n- It cross-references multiple statutes (the new and old Australia Council Acts, the Commonwealth Authorities and Companies Act 1997, the Remuneration Tribunal Act 1973 and Finance Minister’s Orders), so administrators will need to coordinate compliance across instruments (items 2–3, 13–14)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing the administrative transition from the old Australia Council Act 1975 to the new Australia Council Act 2013. It does not expand beyond consequential and transitional matters."},"complexity_factors":["Multiple cross-references to the Australia Council Act 2013 and the repealed 1975 Act","Conditional commencement provisions with dependencies between two Acts","Transitional provisions requiring mapping of old roles to new roles (Chairperson → Chair, General Manager → CEO)","Application of external legislation by reference (Commonwealth Authorities and Companies Act 1997, Remuneration Tribunal Act 1973)","Nested definitions in Schedule 2 Part 1 ('old Council', 'continued Council', 'new Act', 'transition time')","Specific timing rules for financial reporting that span across the transition date"],"plain_english_summary":"This legislation is the 'clean-up crew' for a major overhaul of how Australia's main arts funding body operates. Here's what it does:\n\n**The Big Picture**\nIn 2013, Parliament replaced the old Australia Council Act 1975 with a new Australia Council Act 2013. This Act handles all the messy administrative details of switching from the old system to the new one—like making sure staff keep their jobs, money and property transfer across, and someone remains in charge during the handover.\n\n**Key Changes for Real People**\n\n- **Leadership continuity**: The Chairperson, Deputy Chairperson, and General Manager of the old Council automatically become the Chair, Deputy Chair, and acting CEO of the new Board. Their pay arrangements carry over too.\n\n- **Other board members lose their jobs**: Regular members of the old Council and committee members are sacked at the transition time, though they can be reappointed under the new rules.\n\n- **Staff keep their jobs**: All employees of the old Council continue as employees of the new Council on exactly the same terms—no one gets fired or has their contract restarted.\n\n- **Money and property**: Everything the old Council owned (buildings, bank accounts, contracts) automatically becomes property of the new Council. Same with debts and legal obligations.\n\n- **Legal matters continue**: Any court cases involving the old Council continue seamlessly with the new Council as the party.\n\n- **Reporting handover**: The new Board must prepare one final report covering the old Council's last period, then normal reporting begins.\n\n- **Tax exemption**: States and Territories cannot charge stamp duty or other taxes on anything to do with this transition.\n\n**Why This Matters**\nWithout this legislation, the switch to the new Australia Council could have created legal chaos—unclear who employs the staff, who owns the assets, or who is liable for past decisions. This Act ensures the arts funding body keeps operating without interruption while the new governance structure beds in."}},"importantCases":[],"_links":{"self":"/api/acts/australia-council-consequential-and-transitional-provisions-act-2013","history":"/api/acts/australia-council-consequential-and-transitional-provisions-act-2013/history","analysis":"/api/acts/australia-council-consequential-and-transitional-provisions-act-2013/analysis","conflicts":"/api/acts/australia-council-consequential-and-transitional-provisions-act-2013/conflicts","importantCases":"/api/acts/australia-council-consequential-and-transitional-provisions-act-2013/important-cases","documents":"/api/acts/australia-council-consequential-and-transitional-provisions-act-2013/documents"}}