{"id":"C2004A01170","name":"Australian Heritage Council (Consequential and Transitional Provisions) Act 2003","slug":"australian-heritage-council-consequential-and-transitional-provisions-act-2003","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"86 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6133,"registerId":"commonwealth-C2004A01170-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Heritage Council (Consequential and Transitional Provisions) Act 2003","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\nAustralian Heritage Council (Consequential and Transitional Provisions) Act 2003\n\n \n\nNo. 86, 2003\n\n \n\n \n\n \n\n \n\n \n\nAn Act to repeal and amend certain Acts as a consequence of the enactment of the Australian Heritage Council Act 2003, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedule(s)\n\nSchedule 1—Repeals and amendments\n\nAustralian Heritage Commission Act 1975\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\nIncome Tax Assessment Act 1936\n\nIncome Tax Assessment Act 1997\n\nRegional Forest Agreements Act 2002\n\nResource Assessment Commission Act 1989\n\nTelecommunications Act 1997\n\nSchedule 2—Transitional provisions\n\n \n\n \n\n![](image.001.png)\n\n \n\nAustralian Heritage Council (Consequential and Transitional Provisions) Act 2003\n\nNo. 86, 2003\n\n \n\n \n\n \n\nAn Act to repeal and amend certain Acts as a consequence of the enactment of the Australian Heritage Council Act 2003, and for related purposes\n\n[Assented to 23 September 2003]\n\n \n\nThe Parliament of Australia enacts:\n\n##### 1  Short title\n\n  This Act may be cited as the Australian Heritage Council (Consequential and Transitional Provisions) Act 2003.\n\n##### 2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.\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 on which this Act receives the Royal Assent 23 September 2003\n- 2. Schedules 1 and 2 At the same time as Schedule 1 to the Environment and Heritage Legislation Amendment Act (No. 1) 2003 commences 1 January 2004\n\n\nNote: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.\n\n##### 3  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\n\n\n\n###### Schedule 1—Repeals and amendments\n\n \n\nAustralian Heritage Commission Act 1975\n\n1  The whole of the Act\n\nRepeal the Act.\n\nEnvironment Protection and Biodiversity Conservation Act 1999\n\n2  Subsection 9(3)\n\nRepeal the subsection.\n\nIncome Tax Assessment Act 1936\n\n3  Paragraphs 78(8)(l) and (m)\n\nAfter “Australian Heritage Commission Act 1975”, insert “as in force when the gift was made”.\n\nIncome Tax Assessment Act 1997\n\n4  Section 30‑15 (cell at table item 6, column headed “Type of gift or contribution”)\n\nRepeal the cell, substitute:\n\n|  | A gift of a place included in:<br>    the National Heritage List, or the Commonwealth Heritage List, under the Environment Protection and Biodiversity Conservation Act 1999; or    the Register of the National Estate under the Australian Heritage Council Act 2003. |  |\n| --- | --- | --- |\n\n\n5  Application of amendment of section 30‑15\n\nThe amendment of section 30‑15 of the Income Tax Assessment Act 1997 applies to gifts made after the commencement of Divisions 1A and 3A of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and Part 5 of the Australian Heritage Council Act 2003.\n\n6  Subsection 995‑1(1) (definition of Heritage Secretary)\n\nOmit “Australian Heritage Commission Act 1975”, substitute “Environment Protection and Biodiversity Conservation Act 1999”.\n\nRegional Forest Agreements Act 2002\n\n7  Subsection 6(3)\n\nRepeal the subsection.\n\nResource Assessment Commission Act 1989\n\n8  Paragraph 14(b)\n\nOmit “the Australian Heritage Commission,”.\n\n9  At the end of paragraph 14(b)\n\nAdd “and”.\n\n10  After paragraph 14(b)\n\nInsert:\n\n (c) the Secretary of the Department that administers the Environment Protection and Biodiversity Conservation Act 1999;\n\n11  Section 31\n\nRepeal the section, substitute:\n\n##### 31  Evidence on heritage values of a place\n\n  If a matter relating to heritage values of a place (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999) is relevant to an inquiry:\n\n (a) the Secretary of the Department that administers that Act; or\n\n (b) an employee in that Department authorised in writing by the Secretary for the purposes of this section;\n\nmust give evidence about the matter to the inquiry.\n\nTelecommunications Act 1997\n\n12  Subparagraphs 27(7)(d)(i) and (ii) of Schedule 3\n\nRepeal the subparagraphs, substitute:\n\n (i) included in the National Heritage List or Commonwealth Heritage List, within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or\n\n (ii) included in the Register of the National Estate, within the meaning of the Australian Heritage Council Act 2003; or\n\n13  Subclause 28(4) of Schedule 3\n\nRepeal the subclause.\n\n\n\n\n###### Schedule 2—Transitional provisions\n\n \n\n1  Meaning of Australian Heritage Commission\n\nIn this Schedule:\n\nAustralian Heritage Commission means the body established by section 6 of the Australian Heritage Commission Act 1975 as in force immediately before this Schedule commences.\n\n2  References to the Australian Heritage Commission\n\n(1) After this Schedule commences, a reference in an instrument to the Australian Heritage Commission is taken to be a reference to the Commonwealth.\n\n(2) This item does not modify any register kept by a land registration official under a law of a State or Territory.\n\n(3) In this item:\n\ninstrument includes a will or other testamentary instrument.\n\n3  Assets and liabilities of the Australian Heritage Commission\n\n(1) When this Schedule commences, any rights, property or assets that, immediately before that time, were vested in the Australian Heritage Commission are vested in the Commonwealth.\n\n(2) When this Schedule commences, the Commonwealth becomes liable to pay and discharge any debts, liabilities or obligations of the Australian Heritage Commission that existed immediately before that time.\n\n4  Registration of transfers of land\n\n(1) This item applies if:\n\n (a) any right, title or interest in particular land vests in the Commonwealth under item 3; and\n\n (b) there is lodged with a land registration official a certificate that:\n\n (i) is signed by the Minister; and\n\n (ii) identifies the land; and\n\n (iii) states that the right, title or interest has become vested in the Commonwealth under item 3.\n\n(2) The land registration official may:\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (b) deal with, and give effect to, the certificate.\n\n(3) A document that appears to be a certificate under subitem (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n(4) In this item:\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\n5  Certificates concerning assets other than land\n\n(1) This item applies if:\n\n (a) an asset other than land vests in the Commonwealth under item 3; and\n\n (b) there is lodged with an assets official a certificate that:\n\n (i) is signed by the Minister; and\n\n (ii) identifies the asset; and\n\n (iii) states that the asset has become vested in the Commonwealth under item 3.\n\n(2) The assets official may:\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions concerning assets of that kind; and\n\n (b) make such entries in the register as are necessary having regard to the effect of this Schedule.\n\n(3) A document that appears to be a certificate under subitem (1) is to be taken to be such a certificate, and to have been properly given, unless the contrary is established.\n\n(4) In this item:\n\nassets official means the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of the kind concerned.\n\n6  Lands Acquisition Act does not apply to this Schedule\n\nThe Lands Acquisition Act 1989 does not apply in relation to anything done under this Schedule.\n\n7  Exemption from stamp duty and other taxes\n\nStamp duty or other tax is not payable under a law of a State or Territory in respect of:\n\n (a) the transfer of an asset or liability under this Schedule; or\n\n (b) anything done (including a transaction entered into or an instrument or document made, executed, lodged or given) because of such a transfer, or for a purpose connected with or arising out of such a transfer.\n\n8  Pending proceedings\n\nIf proceedings to which the Australian Heritage Commission is a party are pending in any court immediately before this Schedule commences, the Commonwealth is substituted for the Australian Heritage Commission, when this Schedule commences, as a party to the proceedings.\n\n9  Final report on operations of the Australian Heritage Commission\n\nThe first report under section 516 of the Environment Protection and Biodiversity Conservation Act 1999 given after this Schedule commences must include a report on the operations of the Australian Heritage Commission during the period:\n\n (a) starting on the last 1 July before this Schedule commences; and\n\n (b) ending when this Schedule commences.\n\n10  Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) In particular, the regulations may prescribe arrangements to deal with any issues of a transitional nature that may arise as a result of the repeal by this Act of the Australian Heritage Commission Act 1975.\n\n \n\n \n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 27 June 2002\n\nSenate on 15 November 2002]\n\n \n\n(151/02)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains within its original, narrow purpose: making consequential amendments and providing transitional arrangements following the enactment of the Australian Heritage Council framework. It does not broaden the policy scope beyond legal continuity, vesting of assets/liabilities, cross‑reference updates and procedural transitional measures. The changes centralise ownership and liability in the Commonwealth and update statutory references, but these are consequences of the primary legislative change rather than a substantive extension of policy objectives."},"complexity_factors":["Short, single-purpose Act with two Schedules but many cross-references to other statutes","Schedule 1 makes amendments across at least 7 different Acts (EPBC Act, Income Tax Acts (1936 & 1997), Regional Forest Agreements Act 2002, Resource Assessment Commission Act 1989, Telecommunications Act 1997, Australian Heritage Commission Act 1975)","Schedule 2 contains detailed transitional mechanics (vesting of assets/liabilities, registration certificates for land and other assets, substitution in proceedings)","Deeming clauses for certificates (prima facie validity unless contrary established) introduce a legal evidentiary rule","Multiple commencement timings (sections commence on assent; Schedules commence to coincide with commencement of another instrument)","Interplay with State/Territory law: stamp duty exemption and registrar duties require coordination with non‑Commonwealth registries","Cross-references to other legislation’s operative definitions and lists (e.g. National Heritage List, Commonwealth Heritage List, Register of the National Estate) create conditional dependencies"],"plain_english_summary":"**What this Act does, in plain English**\n\n- The Australian Heritage Council (Consequential and Transitional Provisions) Act 2003 cleans up laws after the Parliament created the Australian Heritage Council and replaced the old Australian Heritage Commission. Mechanically it:\n  - Repeals the Australian Heritage Commission Act 1975, so the old statutory body is abolished and its legal place in the statute book is removed (Schedule 1, item 1).\n  - Makes a set of consequential amendments in other Acts so those Acts now refer to the new arrangements (for example, the Environment Protection and Biodiversity Conservation Act 1999, the Income Tax Assessment Acts, the Telecommunications Act 1997 and others) (Schedule 1, items 2–12).\n  - Sets out transitional rules for what happens to the Australian Heritage Commission’s assets, liabilities, ongoing court cases and registrations when the Commission is abolished — principally vesting those assets and liabilities in the Commonwealth, allowing ministers to lodge certificates with land and asset registries, substituting the Commonwealth into pending litigation, exempting transfers from State/Territory stamp duties, and giving the Governor‑General power to make necessary transitional regulations (Schedule 2, items 1–10).\n\n**Who is affected**\n\n- The Australian Heritage Commission: it is abolished and replaced by the new Australian Heritage Council framework (Schedule 1, item 1).\n- The Commonwealth: becomes the legal owner (vests in the Commonwealth) of rights, property and other assets formerly held by the Commission and becomes liable for the Commission’s debts and obligations (Schedule 2, item 3).\n- State and Territory land and asset registries: they are authorised to accept Minister‑signed certificates that an interest has vested in the Commonwealth, and to register those certificates (Schedule 2, items 4–5).\n- Landowners and others with registered interests: the mechanism for recording the transfer of title or interests to the Commonwealth is via a Minister’s certificate; Lands Acquisition Act protections do not apply (Schedule 2, items 4 and 6).\n- Donors and organisations claiming tax deductions: the Income Tax Assessment Acts are amended so that tax treatment for gifts of heritage places refers to the new lists and the relevant Acts as in force at the time the gift was made (Schedule 1, items 3–6).\n- Parties to ongoing court proceedings where the Australian Heritage Commission was a party: the Commonwealth replaces the Commission as a party to those proceedings (Schedule 2, item 8).\n- The Department that administers the Environment Protection and Biodiversity Conservation Act 1999: a departmental Secretary (or an authorised employee) is required to give evidence about heritage values to certain inquiries (Schedule 1, item 11 replacing section 31 of the Resource Assessment Commission Act 1989).\n- State and Territory governments: transfers under this Schedule are exempt from State/Territory stamp duties and similar taxes (Schedule 2, item 7), which affects state tax receipts.\n\n**How it works mechanically**\n\n- Repeals and substitutions: specific provisions across other Commonwealth Acts are either repealed or have key phrases replaced to point to the new Australian Heritage Council/EPBC Act machinery (Schedule 1). For example, references to the Register of the National Estate are recast to refer to the Register under the Australian Heritage Council Act 2003 and to heritage lists under the EPBC Act (Schedule 1, items 4, 12).\n- Vesting and certification: when the Schedule commences, assets, rights and liabilities formerly vested in the Commission automatically vest in the Commonwealth (Schedule 2, item 3). Ministers can lodge certificates with registries to effect registration changes for land or other assets; those certificates are prima facie (taken to be) valid unless shown otherwise (Schedule 2, items 4–5, subitems (3)).\n- Fiscal and legal continuity: the Commonwealth assumes liabilities and is substituted as a party to pending proceedings (Schedule 2, items 3 and 8). The Lands Acquisition Act 1989 expressly does not apply to things done under this Schedule (Schedule 2, item 6).\n- Tax consequences: the Act modifies tax law text so that gifts of places rely on the relevant heritage lists as defined in the EPBC Act and in the Australian Heritage Council Act as they stood when the gift was made (Schedule 1, items 3–6). This preserves donors’ tax entitlements across the institutional change.\n- Regulations: the Governor‑General may make regulations to deal with transitional matters that arise from repealing the old Commission (Schedule 2, item 10).\n\n**Why it matters (claimed purpose, and what that implies in practice)**\n\n- The stated purpose is purely consequential: to preserve legal continuity and to ensure that references, property, liabilities and administrative processes keep working when the old Commission is removed and the new Australian Heritage Council arrangement and EPBC Act lists take effect.\n- Practical implications and trade‑offs:\n  - Who pays: the Commonwealth picks up the Commission’s assets and liabilities (Schedule 2, item 3). That centralises fiscal responsibility in the Commonwealth balance sheet rather than leaving residual obligations in a statutory body or third parties.\n  - State revenue: transfers under the Schedule are exempt from State/Territory stamp duty and similar taxes (Schedule 2, item 7). That reduces transaction costs for the Commonwealth and affected counterparties but reduces a potential State/Territory revenue source.\n  - Administrative burden: registries and the Department administering the EPBC Act will need to implement certificate‑based registration processes and record adjustments (Schedule 2, items 4–5). Ministers must sign certificates, and registry officers must accept them unless successfully challenged (subitems providing a deeming effect).\n  - Legal certainty vs. challenge risk: the deeming rule that certificates are to be treated as properly given unless the contrary is established (Schedule 2, items 4(3), 5(3)) eases administration but creates a limited risk of later litigation if the certificate is contested.\n  - Donor incentives and private behaviour: clarifying which lists and Acts govern tax deductible gifts (Schedule 1, items 3–6) preserves existing donor entitlements and reduces uncertainty that could otherwise suppress donations during the institutional change.\n  - Market/contract effects: vesting of property and the substitution in proceedings can affect counterparties’ bargaining positions (for example, counterparties who had contracts with the Commission will now contract with a Commonwealth entity), which may affect negotiation leverage, enforcement and future contracting practices.\n\n**Implementation and compliance issues to watch**\n\n- States and Territories must accept the federal certificates in land/asset registries; the Act authorises them to do so but excludes any required stamp duty, and it excludes application of the Lands Acquisition Act (Schedule 2, items 4–7).\n- The Department administering the EPBC Act must be able to supply evidence in inquiries when required (Schedule 1, item 11). That imposes an operational duty on the Department and its officers.\n- Transitional regulations may be needed to fill gaps; the Governor‑General is empowered to make these (Schedule 2, item 10). The quality of those regulations will determine how smoothly registrations, transfers and records move from the old Commission to the new arrangements.\n\n**Bottom line**\n\nThis is a technical, transitional statute whose immediate effect is to abolish the Australian Heritage Commission, move its property and responsibilities to the Commonwealth, update cross‑references in other Commonwealth laws to reflect the new heritage framework, preserve tax treatment for donor gifts tied to heritage listings, and provide practical procedures (Minister’s certificates, registry entries, and exemptions from stamp duty) to effect the transfer with legal continuity."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: consequential and transitional arrangements following the enactment of the Australian Heritage Council Act 2003. It does not expand beyond housekeeping amendments, asset transfers, and technical updates to related legislation."},"complexity_factors":["Multiple cross-references to seven different Acts requiring coordinated amendments","Transitional provisions involving asset vesting, liability transfer, and substitution of parties in legal proceedings","Specific machinery provisions for land registration and asset transfers including certificate-based verification systems","Conditional commencement tied to another Act (Environment and Heritage Legislation Amendment Act (No. 1) 2003)","Nested definitions (e.g., 'Australian Heritage Commission' defined differently for transitional purposes than its historical meaning)","Exemption provisions from other legislation (Lands Acquisition Act 1989, stamp duties) requiring understanding of those regimes"],"plain_english_summary":"**What this legislation does**\n\nThis Act is a \"clean-up\" law that makes necessary changes to other Australian laws following the creation of a new heritage body—the Australian Heritage Council. Think of it as the administrative paperwork that finalises the switch from an old system to a new one.\n\n**Key changes:**\n\n* **Abolishes the old body:** It completely repeals (cancels) the *Australian Heritage Commission Act 1975*, which had established the Australian Heritage Commission—the previous national heritage advisory body.\n\n* **Transfers assets and debts:** When the old Commission shuts down, all its property, money, and legal rights automatically transfer to the Commonwealth government. Any debts or legal obligations the Commission had also become the Commonwealth's responsibility.\n\n* **Updates other laws:** It amends seven other Acts to remove references to the old Commission and replace them with references to the new Australian Heritage Council or updated heritage lists:\n  * **Tax laws:** Updates which heritage gifts qualify for tax deductions (now referencing the National Heritage List, Commonwealth Heritage List, and the new Register of the National Estate).\n  * **Environment law:** Removes outdated references to the old Commission.\n  * **Telecommunications law:** Updates rules about protecting heritage places when installing telecom equipment.\n  * **Regional Forest Agreements Act:** Removes a redundant provision about the old Commission.\n  * **Resource Assessment Commission Act:** Updates who provides heritage evidence to inquiries.\n\n* **Handles the transition smoothly:** It ensures that:\n  * Existing legal documents referring to the \"Australian Heritage Commission\" are read as referring to the \"Commonwealth.\"\n  * Court cases involving the old Commission continue with the Commonwealth as the new party.\n  * Land and asset transfers happen without stamp duty or other taxes.\n  * The Lands Acquisition Act (which normally governs government property purchases) doesn't apply to these transfers—making the process simpler.\n\n**Who it affects**\n\nPrimarily government agencies, particularly those dealing with heritage, environment, and taxation. It also affects anyone who had legal dealings with the Australian Heritage Commission or makes tax-deductible gifts of heritage properties.\n\n**Why it matters**\n\nWithout this legislation, abolishing the Australian Heritage Commission would create legal chaos—assets would be in limbo, tax rules would reference a non-existent body, and heritage protection laws would be broken. This Act ensures the machinery of government continues to function seamlessly during the restructure."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/australian-heritage-council-consequential-and-transitional-provisions-act-2003","history":"/api/acts/australian-heritage-council-consequential-and-transitional-provisions-act-2003/history","analysis":"/api/acts/australian-heritage-council-consequential-and-transitional-provisions-act-2003/analysis","conflicts":"/api/acts/australian-heritage-council-consequential-and-transitional-provisions-act-2003/conflicts","importantCases":"/api/acts/australian-heritage-council-consequential-and-transitional-provisions-act-2003/important-cases","documents":"/api/acts/australian-heritage-council-consequential-and-transitional-provisions-act-2003/documents"}}